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Faculty Grievance Procedure (continued)

IV. ACADEMIC HUMAN RESOURCES POLICIES (Cont.)

FACULTY GRIEVANCE PROCEDURE (Cont.)

5. Appeals

5.1 Initiation of and Conduct of Appeals Hearings
 

5.1.1 The decision of any administrator (department/unit, college or university) may be appealed by either party. If the original hearing was by a department/unit hearing panel, the appeal shall be to college hearing panel. If the original hearing was by a college hearing panel or University hearing panel, the appeal shall be to the University Appeals Board. Notwithstanding the above, grievances concerning non-reappointment of non-tenured faculty members, if appealed, are taken to the University Appeals Board.

5.1.2 An appeal must be filed with the FGO within 14 days of receipt of the decision of the appropriate administrator. Failure to appeal within the prescribed time shall be deemed acceptance of the decision.

5.1.3 Appeals to the college level shall be conducted in accordance with procedures adopted by the college. Findings and recommendations of the college hearing panels shall be forwarded to the FGO within 14 days of the completion of the hearing. The FGO shall forward the findings and recommendations to the President who shall render a decision pursuant to Article 5.3.7 and 5.3.8.

5.1.4 Appeals to the University Appeals Board shall be conducted in accordance with the procedures set forth in Section 5.2.

5.1.5 Once an appeal is filed, the decision of the administrator in response to the findings and recommendations of the initial hearing panel shall be suspended until a final decision is rendered.
 

5.2 University Appeals Board and Appeals Panels
 

5.2.1 A University Appeals Board shall be established from which appeals panels shall be selected.

5.2.2 Each college shall select two tenured faculty members and one non-tenured faculty member to serve on the University Appeals Board. The non-college faculty shall select four members from the tenured faculty and librarians with continuous appointment status. Tenured faculty and librarians shall serve three-year terms and non-tenured faculty shall serve two-year terms.

5.2.3 Appeals panels shall consist of five members selected by the FGO by lot from members of the University Appeals Board, except that for grievances concerning non-reappointment in the tenure system, panels shall consist of five members (three tenured and two non-tenured) appointed as follows:
 

a) three faculty members selected by the UCFT from its membership

b) two faculty members selected at random by the FGO from the members of the University Appeals Board.
 

5.2.4 A presiding officer for each appeals panel shall be selected by the FGO from a list established by the UCFA. The presiding officer shall not be a voting member and shall apply the rules of procedure consistent with the guidelines stated in Article 6.

5.2.5 The FGO shall notify each party of the names of the five members of the appeals panel and within 10 days either party may challenge any member for cause. In addition each party shall have two peremptory challenges. Cause shall be determined by the presiding officer. Challenged members of the panel shall be replaced pursuant to the selection process stated in 5.2.3.

5.2.6 If an appeals panel loses two or more of its members during the course of a hearing, the hearing shall be terminated and a new panel selected.
 

5.3 University Appeals Panel Procedures
 

5.3.1 The FGO shall convene an appeals panel within 14 days of the establishment of the panel and shall be present during all formal proceedings. Written notice of the time and place of the hearing and any documents deemed relevant by the FGO shall be provided to each party 72 hours before the hearing.

5.3.2 Appeals shall be conducted expeditiously.

5.3.3 Appeals shall be decided upon the record of the original proceeding and upon argument of the parties presented to the Appeals panel.

5.3.4 Appeals must allege either that there has been a prejudicial violation of the procedures established for the conduct of the initial hearing, and/or that the decision of the administrator is not consistent with the preponderance of the evidence presented at the initial hearing.

5.3.5 University appeals panels may recommend affirmation, reversal or modification of decisions of the appropriate level administrator.

5.3.6 The findings and recommendation of an appeals panel shall be forwarded to the FGO within 14 days of the completion of the hearing. The FGO shall forward the findings and recommendations to the President and to the parties.

5.3.7 For stated cause the President of the University may return the findings and recommendations to the appropriate hearing panel or appeals panel once for reconsideration.

5.3.8 Within 30 days, the President shall either concur with the finding(s) and recommendation(s) of the appeals panel and direct appropriate implementation or overrule the findings and/or recommendations. When a recommendation is overruled, in whole or in part, written reasons shall be given by the President to the parties, the appropriate appeals body, the FGO and the Chairperson of the UCFA.

6.1 Department/unit, college and University level hearings shall be conducted in accordance with the following guidelines:
 

6.1.1 Records shall be maintained throughout the informal and formal phases of each grievance by the parties and records of all formal proceedings shall be promptly filed with the FGO upon completion of such proceedings.

6.1.2 All hearings shall be recorded. A party may request and obtain a copy of the recording from the FGO.

6.1.3 Hearing panels shall serve throughout an entire proceeding.

6.1.4 A hearing panel shall take necessary precautions to avoid any conflict of interest on the part of its members.

6.1.5 The membership of hearing panels shall not be selected by administrative appointment.

6.1.6 Formal hearings shall be closed unless the parties agree otherwise.

6.1.7 The privacy of confidential records used in the hearing shall be respected.

6.1.8 Hearings shall be conducted in good faith and are to be completed within 30 calendar days unless the FGO determines that an extension of time is necessary.

6.1.9 All parties may present their cases in person and may call witnesses on their behalf. A party may elect not to appear, in which event the hearing will be held in his or her absence. Absence of a party shall not be prejudicial to the case.

6.1.10 All parties are entitled to counsel of their choice. Counsel must be identified to the FGO who shall inform the parties and the hearing panel at least 48 hours prior to the time set for hearing.

6.1.11 Any party or counsel shall be entitled to ask pertinent questions of a hearing panel or any witness.

6.1.12 A hearing panel shall decide whether the preponderance of the evidence does or does not support the allegations made by the grievant.

6.1.13 Upon commencement of any hearing, hearing panels shall resolve any procedural or jurisdictional issues raised by the parties, except those falling under Article 1.4, after providing each party the opportunity to be heard on such matters. However, neither party may advance any issue that has already been adjudicated through the procedures outlined in Article 3.1. The FGO shall include all documents concerning disputed claims of jurisdiction in the packet of materials distributed to the hearing panel, and shall forward such documents, along with the hearing panel's report, to the administrator who is authorized to decide the grievance.

6.1.14 Hearing bodies may consider evidence submitted by the parties concerning the relative credentials of faculty members in determining the merit of grievances involving salary, appointment, re-appointment or promotion.

6.1.15 Findings and recommendations of hearing panels shall conform to existing policy and procedures in the appropriate unit of the University.

6.1.16 Hearing panels shall report their findings and recommendations in writing within 14 days of the completion of the hearing to the FGO, who shall forward them to the grievant, the respondent, and the administrator who is the respondent's immediate supervisor.
 

6.2 Upon the request of either party, the FGO, prior to convening a hearing panel, or a hearing panel, upon being convened, has the authority to request that appropriate individuals discontinue or postpone any action threatening irreparable harm pending final disposition of a case.

6.3 Written notice of the time and place of the hearing, a copy of these procedures and any other documents deemed relevant by the FGO shall be provided to each party and to the panel 72 hours before the hearing.

6.4 All parties shall be notified in writing of their right to appeal by the FGO when a copy of any decision is forwarded to the parties.

In accordance with the University's policy concerning indemnification, indemnification shall be provided to the Faculty Grievance Official, members and presiding officers of hearing or appeal panels, and University faculty serving as counsel for the parties, in their roles as participants in the University's Faculty Grievance Procedure. Participation in the processing of such grievance until its ultimate outcome under provisions of the Faculty Grievance Procedure may not be interpreted as a failure of cooperation with the University and as a basis for withdrawing indemnification.

8. Procedures for Revision and Implementation of this Document

8.1 Any faculty member or administrator may initiate a proposal to revise this document.

8.2 All proposals for revision shall be submitted to the UCFA which shall consider them and forward them to the Elected Faculty Council (EFC), with or without recommendation.

8.3 If approved by the EFC, the proposal shall be submitted to the Academic Council.

8.4 Proposed amendments and revisions approved by the Academic Council shall be forwarded to the President for action by the Board of Trustees and shall become effective upon Board approval and operative no later than 90 days from the date of approval.

8.5 The UCFA shall formulate and disseminate to all departments/units and colleges, a model academic unit grievance procedure that accords with the provisions of this document.

8.6 The UCFA shall have shared responsibility with the Provost to approve written faculty unit grievance procedures or, if an academic unit does not have written faculty grievance procedures, to determine such procedures.

8.7 The UCFA shall have the responsibility to ensure that the procedures set forth in this document are fully implemented in accordance with the provisions of this document.

8.8 Copies of this document shall be widely distributed throughout the University and copies shall be available from the FGO upon request.

APPENDIX Appointment, Reappointment and Evaluation of the Faculty Grievance Official

I. Appointment of and Support of the FGO¹

1. UCFA shall prepare a slate of candidates for presentation and discussion with the Provost and President, after which it shall recommend one person to be appointed as the FGO.

2. Upon approval of the Provost, President and the Board of Trustees, the FGO shall be appointed for a term not to exceed five years. The FGO may be reappointed beyond the initial term and may be reappointed beyond the five-year period but there is no right to reappointment for any term or period.

3. The office of the FGO shall be independent of the administrative structures of the University.

4. The UCFA shall consult as necessary with the Provost and President concerning salary, budget, office facility and staff for the FGO. The UCFA shall annually review the performance of the FGO and shall advise the Provost and President regarding salary recommendations.

5. Whenever a vacancy occurs in the FGO position, the UCFA shall confer and recommend to the Provost and the President an individual to serve as Acting FGO.

1. The UCFA shall annually evaluate the FGO pursuant to criteria established by the UCFA in consultation with the Provost and the President.

2. The UCFA shall discuss the evaluation with the FGO and shall forward its evaluation and a recommendation as to salary to the Provost and President.

3. The UCFA shall establish procedures for review of the FGO's performance which shall be undertaken when reappointment of the FGO is under consideration. Such procedures shall involve input from individuals who have had contact with the Faculty Grievance Procedure and the FGO.

4.The reappointment evaluation shall be transmitted to the Provost and the President together with a recommendation for reappointment. In the event that reappointment is not recommended, the UCFA shall follow the procedures set forth in Article I for the appointment of a new FGO.

1. The UCFA may recommend reappointment of the FGO to the Provost and the President for a term which does not extend the FGO's service beyond five years. Such recommendation shall be made only after the UCFA has evaluated the FGO's performance for the term preceding the recommendation.

2. Should the FGO express a desire to serve an appointment which would extend the FGO's service beyond five years, a review of all years of service of the FGO shall take place.

3. In the event that the UCFA decides not to recommend a continued appointment, the UCFA shall proceed with the appointment of a new FGO pursuant to the provisions set forth in Article I.

¹The academic hiring procedures applicable to faculty and academic staff shall apply to the appointment of the FGO.

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