Draft of faculty grievance procedures presented to the Faculty Senate

WKU University Senate

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September 28. 1977 M E M 0 RAN 0 U M TO: Members of the Facu l ty Senate FROM: SUBJECT: James Worthington P R & C Committee Facu l ty Grievance Procedures After nearly a year of gathering information, writing and rewriting of draft copies of the faculty grievance procedures, we are ready for guidance from the entire Faculty Senate. Pl ease examine the attached draft very carefully so that we may incorporate your ideas and correct any errors. It ;s our intention that this procedure would rep lace existing faculty grievance procedures . JPW JPW:cc " ~ • • , A grievanre is defined as any controversy , disfUte, of disagrearent between faculty nerrbers arxi/or administrators. Any aggrieved faculty '. rrarber should firs t seek to resol ve 1:h:! grievance throogh the appropriate Department Head. If the situation is not resolved at this level , the fac-ulty IrerTber, Depa.rtrrent Head, and Dean shall rreet to seek a solution. If the grievance cannot be resolved at the ooll ege level, the concerned. parties shall rreet with the Vice-President for Acadanie Affairs to seek a solution. 'Ihe faculty nenber who is unable to achieve a satisfactory solution at this stage may fi l e a grievance with the President of University (for action by appropriate a::mnittee) inclucling a staterent of actions taken prior to this time , a statement of the issue , a sumnary of facts supporting the need. for the grievance , anc:l a suggested solution . Faculty Grievance Procedures at Western KenbJck:y University shall pro-vide for three kinds of cx:mnittees : (1) college faculty grievance ccrnnit-tees , (2) a university faculty grievance ccrrm.i.tt.ee , and (3) a ccmnittee for plenary proceedings . Cbllege Faculty Grievanre Carrnittees will oonsider am attanpt to infor-mally resolve grievances related to sal ary, working o::n:litions, armual eval-uation of faculty , 'wOrk assigrurent, teaching l oad , and other similar j ob-related matters . '!he ccmnittee will rerrler a report, including findings , CCI1clusions , and recc:mrerrlations to the President. The Uni versi ty Faculty Grievance Carmi ttee will oonsider grievances relating to tenure , prarotion , termination for cause , and oon- renewal of oontract and will att.enpt to resolve the grievances in an infonnal marmer. Gr ievances r e lated to denial of tenure , denial of prarotion , tennination for cause, am oon- renewal of contract which are not resolved with the aid of the carrnittee or are not approved favorably to the faculty neWer by the President will l:e considered in a plenary hearing . A ccmnittee for plenary prooeeciings may l:e established as stated in Part IV of this dOC\.llTel1t . PRJCEIlURES I. INITIATION OF GRIEVANCE PRJCEIlURES, A. Proce<htres for prcx:essing grievances nust be initiated in accordance wi th exis ting Uni versi ty Policy arrl as set forth in this docurrent. B. Nothing in these Faculty Grievance Procedures shall l:e oonstrued to prelude a faculty rrenbe.r f ran att.enpting to r esolve his grievance by informal oonferences with the awropriate crlmi..nistrative officials of c. the academic unit in which he is arployed before filing a formal cx:m-plaint with the President. It should be incumbent upon acad~c administrative officials levels to informally and personally apprise facUlty members of sians adverse to their interests. at all deci-, -2-II . . UNIVERSITY FACULTY GRIEVANCE CXM1ITI'EE - SELEcrICN AND OPEAATICN: The following sections outline the requirements for the selection and operation of the University Faculty Grievance Committee . A. Election : A University Faculty Grievance Camrittee shall be elected by the University faculty to investigate and seek by informal means the resolution of cx:::mplaints filed by faculty rrembers with the Univer-sity President. 8. Camrittee M2mbership: The Unive r sity Faculty Grievance Ccmnittee shall consist uf a p:JOI of faculty rrenbers , elected fran each of the academic departments . Each member shall be a faculty rnerober holdirg any {X)si-ticn in the college other than that of dean. Election to the ccmnittee will oormall y be for a period of two years. C. Election of M2rnbers: 1. The e l ection of the University Faculty Grievance Gommittee members shall t:e held each year during the ITOnth of April. 2. A ccmnittee of eligible faculty members assignecl to full - time teach-ing, research, arrl/or academic service duties , other than the faculty regent, shall be elected as follON's: a. Every n..o years, each Academic Department shall elect one e ligi -ble facu lty member; b. Carmittee members shall be elected by secret ballot by al l mem-bers of the facul ty lU1i t oolding academic rank as def ined in the Faculty & Staff Handbook; c. The e lection of ccrrmittee members shall be conducted under rules and procedu~es developed by the Bylaws, Amendments and Election CammJttee of the Faculty Senate . 3. Faculty !TEI1Ibers eligible to hold rrenbership on the University Facul-ty Grievance cannittee wi ll normally be required to serve if elected. Resi gnations from the University Facul ty Grievance cannittee may be approved by the Vice President for Academic Affairs followirq consi-deration of a doGumented request . 4. -3-Duly elected members shall serve for a period of two years begin-ning on August 16 of the year they are elected and ~.i.r¥:J on August 15 tw) years later I arrl shall be eligible for r e-election. M3nbers shall complete committee action on any grievance proceedings which oontinue past the era of their regular term; but TO new cases shall be begun by a cx:mni.ttee manber wrose tenn has expired. I 5. The first election shall cx;cur within 30 days of approval of this clcx::ument by the president. , 6. COmmittee vacancies shall be filled by special departmental election . Replacement members shall serve until the next regularly scheduled election and shall be eligible for re-election. D. University Faculty Grievance Ccrrmittee Chairperson: The University Faculty Grievance Oommittee shall annually e lect a chairperson and vice-chairperson . The chairperson and vice-chairperson shall J:e e l ected at the first meeting called by the President within tv.o weeks of the estab-lisment of the ccmni.ttee. In the absence of the chairperson, the vice-chairperson shall assure the resp:msibili ties of the chair of the ~ mittee. E. Establishment of the Investigation Oommittee : 1. l1p:m the request of the President , the University Faculty Grievance Carrnittee chairperson shall sel ect by lot fron the rrenbership, a five member investigating committee. The investigating ccmmittee m:ly not include a faculty rrenber fran the grievant ' s depart:rrent. The Investigation Oommittee shall be responsible for conducting an i.rquiry and making a repJrt to the President . The University Facul -ty Grievance Oommittee chairperson shall designate one member of the Investigation Committee to serve as chai rperson for the duration o f pro:eedings. 2 . Faculty rrembers shall rarove thansel.ves on their own ini tiati ve , if they deem themselves disqualified because of bias or interest. Each of the parties in the grievance shall have the option of tv.o (2) per-emptory challenges of the Investigation Oammittee membership_ Chal-lenged camlittee members shall be replaced using the same selecti on procedure as was used in the selection of the original committee, and a new carmittee chairperson shall be app:>inted if necessary. F. Conduct of Investigations: 1. The Investigation Committee shall conduct a trorough irquiry, ensure that its deliberations are prc:mpt, and provide a written repJrt and reccmrendations to the President within 30 days after being oonvened. After his review, the President shall forward a copy of the repJrt and reccmnendations to the grievant am to the University Faculty Grievance Ccmni.ttee chairperson. -4-2. '!he Investigation camuttee shall cooouct its investigation as a private inquiry and seek to resolve the matter by 4tf-oonal inter-views , conferences , arrl discussions. 3. The President or his designee shall have the option o f a ttendance during the in:Jui ry. , 4 . The Investigation Commit tee will normall y conduct the questioning of witnesses and shal l secure the presentation of evid~ce i..rttX>r-tant to the case . 5. '!he carplainant and the respJooent shall have the opp:Jrtuni ty to question all witnesses during the oourse of the investigation . 6. After a thorough review of a ll issues , the Investigation Catmi.ttee shall make its final decision in closed session py secret ballot. G. Ceneral Iequ.irerrents and Fesp:>nsibilities : 1. All individuals named in a grievance at the tiIre it is received by the President shall be so infOl:m'::d. by the President. 2. 'Ihe President shal l provide the Investi gation Cl::mnittee with the t..i..rre and resources needed to remer an effective investigation . 3 . The President shall inform the chairperson of the University Facul-ty Grievance Ccnmittee and those shc:::Mn in G. !. above of his actions taken on reccmrendations made by the Investigation Ccmnittee. 4. On or before August 15 each year . the chairperson o f the University Faculty Grievance Ccnmittee shall file in the permanent records of the ccmni.ttee a yearly r eport of a::::mnittee actions inclooing the action taken by the Pr esi dent on Investigation Carmi ttee r ea::mrenda-tions . The follOw'ing sections outline the requirerrents for the rrerrbership and operation of a College Facul ty Grievance Ccrrmittee to handle facul ty grievances. A. CCmni~tee lo'\errbers hip: Unless otherwise provided by majority vote of the faculty of the oollege with notification g iven to t he oollege d~an . the vice-president for Academic Affairs , aro the dlairperson of the Faculty Senate , eadl college shall have a College Faculty Grievance Ccmnittee carposed of all the senators of that oollege currently serving on the Faculty Senate; the Faculty Senate Executive Crnrnittee r epresentative shall act as chairperson of the College Facul t y Griev-ance Carmi ttee. -5-B. Investigation of Grievances: For each grievance inves tigation the chairperson in consultation with the o:mnittee shall randanly select no less than three ccmnittee rrembers to corrluct the investigation '. and shall designate one of these to act as the College 'Investigation Carmi ttee chairperson. Faculty members s hall rerove themsel ve? on their own initiative , if they deem themselves -disquali fied because of bias or mterest. Each o f the parties in the grievance shall h~ve the option of one (1) peretptory challenges of the Investigation can--mittee rrerrt:ership. Challenged ccmnittee rrembers shall be replaced using the sarre selection procedure as was use::! in the selection of the original ccmnittee, and a new ccrrmittee chairperson s hall be afr pointed , if necessary . ~ C. Conduct of Investi gations : The President s hall provide this cx:mnittee with the tirre ana resources needed to render an effective investigation. The President shall see that the ccmnittee effects a prcrnpt and thorough investigation, that it seeks to resolve the matter by informal inter-views, conferences, and discussions , and that its written reo:::mreT"da-tions are presented to him within 30 days after being charged with the resp::msibility . IV. PLENARY PRXEEDINGS: Plenary proceedings shall be conducted for those grievances r e lated to de-ni al of tenure, denial of prcrrotion , termination for cause , and non- renewal of contract which are not r esolved with the aid of the ccmnittee or are not approved favorably to the faculty rrerri,)er by the President. In these cases the President shall designate a committee of full-time , non- administrative, tenured faculty rrembers to oonduct such pr<:x:eedi.ngs . The plenary procee::ling shall be oonducted a s a formal evidentiary hearing with the follcwing stipulations: L Faculty rrembers s hall rerrove themselves 9n their CMl1 initiat ive , i f they deem themselves disqualified because of bias or interest. Each of the parties in the grievance shall have the option of two (2) per-errptory challenges of the ccmnittee menbership. Challenged ccmnittee menbers shall be replaced using the S<'lIl'e selection proce:1ure as was used in the selection of the original ccmnittee, and a new ccmnittee chairperson s hall be appJinted. if necessary. 2 . The carplainant and the respondent or their refJresentative shall have have the opporhmity to question all witnesses during the course of .. the investiga tion . 3. 'The information obtained during the investigation shall be accurately and carpletely preserved by steI1CX1raphic , rrechanical, or electronic device and delivered to the President along with the report . • • -6-4. A complete transcript of the investigation shall be made available in whole or in part to the grievant at no rrore than cost . -v. DEFINITICN OF FULL-TIME , OCN-Aa.lINISTRATIVE , 1ENURE FPDJLTY MD!BER , As used herein, the tenn full- t.i.rre, non- a:lmi.nistrative , tenured faculty " rrenber includes all tenured Assistant Professors , Asscciate Professors , . am. Professors except th::>se hol ding administrative ~sitions within the . university. • " • GRIEVANCE PROCEDURES FOR TENURE, PROMOTION, NON-RENEWAL TERMINATION Administrative Procedure l~Y.S"*~======================~ I .1 Written grievance Unive r sity ! 30 days) from Faculty to Action -'f- President J Investigation by Promptly President or designee ) Repor~ to I or committee President I of faculty r:- 1' '( F~on=ienewal· onLy) __ ----)Infonnal resolution Failure to / resolve // ,L" 20 days Plenary Proceedings Formal Plenary Hearings r minimum I Plenary Depositions (Respondent must reply to 60 days I (20 day maximum to ( complainant I s statement within maximum I respond) : 20* days after rece i pt of notice I 20 ' days maximum of Plenary proceedings I lO_ day_s .m.inimum _ _ ~ _ ____ _ \V I I-Repo r t :ranSmitted 30 days) , Plenary Hearings I 10 days)" Objections Report max. ' to Report by ------ . i either party 5 m~:~s >, to President max . President's decision No time ~ SP~Cifi~d President's action v Grievance I Resolved Final Presidentia l Decis ion forwarded to BaR ~< _______ ___ -, -*Time may be extended by mutual ag r eement ...... , ~~~ \Administrative , Procedure ' " GRIEVANCE PROCEDURES FOR JOB RELATED CASES - SALARY , WORK ASSIGNMENT, WORKING CONDITIONS , ETC. i . iWritten grievance by Pr omptly after ~ Faculty member to reasonable notice , ' . I President 1 t o grievant ·----- _1 , __________ . ____ ~Pr~~ptl~ __________ __ Investigation by President -'I or his designee of faculty committee -r Informal resolution between parties attanpted . , Promptly if Investigated by Faculty Committee I Report to .'! President ! in TNr iUng ! , ' \ \ \ , \ \ , , Promptly DecisIon of President , f-----...... , ~:, . in writing to gr.ievant 

Faculty Grievance Procedures

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Faculty Grievance Procedures

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