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DOCUMENTS OF THE GENERAL FACULTY

PROPOSAL FOR LANGUAGE TO BE ADDED TO THE HANDBOOK OF OPERATING PROCEDURES 3.18 ADDRESSING PROVOST’S ROLE IN GRIEVANCE PROCEDURES

On behalf of the Faculty Grievance Committee, Professor Susan Heinzelman (English and committee chair) submitted the following proposal for approval of language to be added to the Handbook of Operating Procedures addressing the provost’s role in grievance procedures.

The secretary has classified this as emergency legislation. It will be presented to the Faculty Council for action at its meeting on February 21, 2005.

<signed>

Sue Alexander Greninger, Secretary
The Faculty Council



Posted on the Faculty Council Web site on February 18, 2005. Paper copies are available on request from the Office of the General Faculty, FAC 22, F9500.


3722


PROPOSAL FOR LANGUAGE TO BE ADDED TO THE HANDBOOK OF OPERATING PROCEDURES 3.18 ADDRESSING PROVOST’S ROLE IN GRIEVANCE PROCEDURES

1. Request for FC approval of language to be added to HOP 3.18, addressing Provost’s role in Grievance Procedures. (To be inserted under Section V: Formal Hearing Procedures)

V. Formal Hearing Procedures
a.
The provost will request the cooperation of all faculty and administrators in the grievance process and the Grievance Committee chair and the provost shall work together to ensure the attendance at hearings of those against whom grievances are filed. Should they refuse or otherwise not cooperate with the procedures, that situation shall be reported to the hearing panel and the provost’s office shall provide a representative to observe the proceedings.
b.
To ensure that hearing panel recommendations are implemented in a timely fashion, the provost shall report to the Grievance Committee at the end of each semester (or sooner if appropriate) on actions taken to implement panel recommendations.

2. Request for Faculty Council approval of language approved by the president in response to the Ortiz Report (D 582-585, 1999-2000). (From HOP 3.18, III, A.)

III. Faculty Grievance Committee and Hearing Panel

A.

The Faculty Grievance Committee (hereinafter Committee) consists of 16 full-time voting members of the faculty, serving two-year overlapping terms. Ten (10) members are elected at-large by the General Faculty, and 6 members are appointed by the president through the regular procedures of the Committee on Committees. Each spring five members are elected at-large under the Hare System, and three members are appointed by the president. Appointments to the Committee are made with the goal of insuring appropriate representation of the various elements and interests comprised in the General Faculty. The total Committee membership shall not include more than four faculty members from any school or college. The Committee selects its own chair and chair elect, who assists the chair while learning the job and then serves one year as chair. Only members who have had at least one year's experience on the Committee are eligible for election as chair elect. If not otherwise continuing, the chair elect serves an extended term in order to assume the position of chair. If not otherwise continuing, the immediate past chair of the committee serves for one additional year as an ex-officio member without vote  to assist the new Chair and to complete on-going grievance cases.1

3. Request for FC approval of change of nomenclature in the following paragraph: from “panel” to subcommittee.” (From HOP 3.18, IV, C (4))

IV. Grievance Procedure
C. Initiation and Processing of Complaints
4. The grievant may appeal the decision or recommendation of the dean to the Committee. The appeal must be in writing and submitted to the chairperson of the Committee within 10 working days after the exhaustion of step 3. The Committee must determine whether the grievant's complaint, construing all allegations in the light most favorable to the grievant, states a claim upon which relief may be granted. This determination must be made by a [panel] subcommittee of three members of the Committee. No member of this [panel] subcommittee shall have been involved in any way in the grievance. A finding of failure to state a claim upon which relief may be granted by no fewer than two members of this [panel] subcommittee will result in dismissal of the complaint. Such a dismissal will be transmitted in writing and conclude the faculty grievance procedure. Ifthe complaint is not dismissed at this stage, then the Committee may attempt to resolve the grievance through informal means. If it is unable to do so within 10 working days after receipt of the appeal, the Committee shall so notify the grievant in writing.

1 “If not otherwise continuing” was added as a friendly amendment approved by the Faculty Council at its meeting on February 21, 2005.