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Faculty Grievance Commisson

Frequently Asked Questions

 

1. Where can I look up the guidelines governing the criteria for filing a grievance?

The Faculty Handbook, Section 2.8 (et. seq) sets out the guidelines.

 

2. Who is eligible to file a grievance?

Grievance procedures are available to all full-time tenured and probationary faculty members, and CAR staff members with career status. [Sec. 2.8.1].

 

3. What matters can be the subject of a grievance?

Any action taken that involves the faculty member's personnel status or terms and conditions of employment, if the action involves: (a) a violation of the faculty member's academic freedom; (b) is arbitrary and capricious; or (c) is a violation of established rules and procedures. [Sec. 2.8.2]. This section sets out (7) seven examples of grievable matters.

 

4. What is involved in the grievance process?

First, the faculty member must make a good faith attempt to resolve the matter with the appropriate academic official in the school or college. If the attempt fails, the faculty member may file (in writing) a formal complaint with the Grievance Commission (FGC). [Sec 2.8.3.21. If the complaint is accepted the GC must attempt to mediate and resolve the complaint. Third, if the FGC mediation fails, the faculty member is entitled to a formal hearing. [2.8.3.3 (B)(3)]. Normally, the final stage is the transmittal of the Hearing Panel decision to the president for decision. However, recommendations of the Hearing Panel may be appealed to the FGC by either party. [Sec.2.8.3.4 (C)(2) & (D)].

 

5. Will the FGC represent me, or will I have to obtain legal counsel?

Neither, is the short answer. During the mediation the FGC functions as a facilitator in an attempt to satisfactorily resolve the grievance. During the formal hearing the FGC is not involved, technically. Should the Hearing Panel's decision be appealed, the FGC must make a decision to sustain, modify or remand he Hearing Panel's decision. Finally, the procedures anticipate the grievant being represented by an "academic advisor". [Sec. 2.8.3.4].

 

6. Is there a statute of limitations on the filing of a grievance?

Yes, within 2 weeks after the faculty member has received written notice of action from the administration. [Sec. 2.8.331.

 

7. What information should I include in the grievance petition?

The details of the nature of the grievance, along with any factual or other pertinent data, and identify against whom the grievance is directed. [Sec. 2.8.3.3].

 

8. What happens if I decide I do not want to continue with my grievance?

There are no limitations on your right to withdraw your complaint.

 

9. What are my options if my grievance is dismissed by the president or is not successfully mediated?

This is an important question to be discussed with the Commission but there are too many unknown contingencies to respond in the abstract.

 

10. Should I worry about retribution from anybody if I file a grievance?

The answer is No. The title of the Board authorized process is "Grievance—Rights, Privileges, and Resolution of Disputes. It would be the height of unprofessional conduct for anyone, administrative or faculty, to seek retribution simply because a faculty member used the University grievance process.

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