8-5 Faculty Grievances
8.5a Authority
The Board of Trustees empowers the President to act relating to initial appointments, promotions, discipline, or dismissal for cause or eliminating faculty positions. In such actions, the President may be advised by the Provost, the College Dean(s), and the applicable faculty committee(s) or other persons or persons the President deems appropriate or necessary. The President authorizes the Provost to act relating to initial appointments, promotions, discipline or dismissal for cause, or elimination of faculty positions. In such actions, the Provost may be advised by the College Dean(s) and the applicable faculty committee(s) or other persons the Provost deems appropriate or necessary.
8.5b Faculty Grievance Procedures
The following procedures are established to enable Core Faculty members to seek a review of personnel decisions. These grievance procedures are intended to implement United States University's policy of equal employment opportunity and to ensure that no faculty will be subject to unlawful discrimination based on academic freedom; race, ethnicity, national origin, religion, age, sex, marital status, sexual orientation, pregnancy, medical condition, physical or mental disability, or veteran status in any activity under the control of United States University. United States University is committed to providing an environment that is free of harassment or discrimination of any student, Faculty member, or other employees based on race, ethnicity, national origin, religion, age, sex, marital status, sexual orientation, pregnancy, medical condition, physical or mental disability, or veteran status. Any dispute relating to a Faculty member's employment with United States University, including any decision regarding non-reappointment, promotion, merit increase, academic freedom, discipline or dismissal for cause, or involving a complaint of discrimination or violation of prescribed procedures, may be reviewed under these procedures.
The Provost will be responsible for processing the grievance under these grievance procedures, including grievances arising out of alleged unlawful discrimination and harassment, except when the Provost is named in the grievance. In such cases, the President will designate an individual to assume this role. The Office of Human Resources will be provided copies of all complaints alleging unlawful discrimination and harassment.
A grievance must be made in writing no later than 30 calendar days from the date that the faculty member was notified of the decision or action giving rise to the grievance, except as otherwise provided herein. The grievance should be specific, including the evidence upon which it is based, and specify the remedy sought. The grievance shall be filed with the Provost.
For any grievance filed pursuant to the provisions of this Faculty Handbook, the Provost will appoint a review panel in cases involving allegations of discrimination, discipline for cause or non-reappointment. In all other cases, the appointment of a review panel will be within the discretion of the Provost.
If a review panel is not appointed, the Provost will discuss the matter with all parties to the grievance, investigate and ascertain the facts, obtain any necessary additional information, prepare written findings and recommendations, and notify the Faculty member of those written findings and recommendations. The Provost will make every attempt to present the faculty member with the written findings and recommendations within 30 calendar days of the filing of the grievance.
If a review panel is to be appointed, the Provost will appoint the review panel within 15 calendar days of receipt of the grievance. Once appointed, the review panel should begin its review within 15 calendar days. Once the review has begun, it should make every attempt to complete its review and prepare its draft report within 30 calendar days of appointment.
A review panel will consist of three Core Faculty members. All three members must be impartial. One panel member will be chosen by the grievant and another by the College Dean. The Faculty Senate President will select a third member who is acceptable to both the grievant and the Dean.
Once the review panel is appointed, the Provost, together with the Faculty Senate President, will coordinate review of the grievance by informing the review panel of its advisory role, defining the issues, and providing the panel with necessary information and resources to enable the review panel to conduct the review, including but not limited to space, recorders, and travel funds.
Review panel proceedings should be conducted in an informal, non-adversarial manner that provides appropriate protection for the grievant's privacy. The review panel must meet in person for all deliberations. All review panel hearings will be closed matters, except that participants to the grievance may attend. Each party to the grievance may be present, if he or she chooses, at interviews conducted by the review panel unless the panel determines such presence to influence the statements or other evidence being gathered potentially.
Legal counsel may represent the parties to the grievance, but such legal counsel may not be present at review panel hearings. The panel may interview persons involved with the grievance and solicit and review pertinent evidence. The review panel will make every effort to prepare a draft report within 30 calendar days of the panel's appointment. Upon receipt of the draft report, the parties will have 10 calendar days to review the report for errors of fact and notify the review panel of its claims of such errors. Within 10 calendar days thereafter, the review panel will submit its final report and its advisory recommendations to the Provost and to the parties.
Within 15 calendar days following the review panel's final report's receipt, the Provost will render a written decision regarding the grievance.
The grievant may appeal the decision to the President within 15 calendar days of receipt of the Provost's decision. The President shall independently consider all documents and facts involved with the grievance process. The President will provide a decision on any appeal within 15 calendar days. The President's decision is final and will be binding on the parties to preclude any further action on the grievance under the Faculty Handbook.