ARTICLE XII: FACULTY MEMBERS

Section 1. Appointment. All appointments, re-appointments, and promotions of members of the faculty shall be made by the President with the approval of the Board of Regents. Recommendations shall originate with the department and shall be presented to the dean of the college or school for consideration. If the dean approves, the dean shall transmit a recommendation to the Senior Vice President for Academic Affairs and Provost.

Section 2. Qualifications. Every appointment shall be made in accordance with the Policies of the Board of Regents and solely on the basis of merit and the special fitness of the individual. In the appointment and promotion of members of the faculty, special consideration shall be given to their teaching ability, research ability, achievement, and general usefulness or promise thereof to the University. The initial appointees to the rank of associate or full professor should have doctoral degree or equivalent in training, ability, or experience. Appointees as assistant professor or instructor must have, as a minimum, the master’s degree, except for persons of special learning and ability.

Section 3. Employment Contracts. Contracts shall be as prescribed by the Board of Regents.

Section 4. Duties. Members of faculty shall perform such responsibilities in instruction, research, and service and discharge such other professionally appropriate duties as may be assigned to them during the period of their contract.Section 5. Scholarship. Each faculty member shall be expected to maintain scholarship through continuous research and study, which should yield results in improved teaching and publication of research studies.

Section 6. Teaching Performance. No service to the University, however exceptional, shall be deemed sufficient to overcome failure to render adequate service in teaching. In the annual report the departmental chair shall include a statement concerning the performance of teaching faculty members in the department. Due attention shall be given in this report to special qualities of excellence in the performance of teaching faculty members in the department.

Section 7. Formal Academic Exercises. Members of the faculty are expected to attend formal academic exercises of the University and to wear on such occasions appropriate academic costume.

Section 8. Extra-Curricular Activities. Faculty members shall be encouraged to participate, in a manner befitting their academic position, in such extra-curricular activities as are proper extension of their professional field of interest, whether these be in the internal administration of the University or in representation of the University before outside groups. Annual departmental reports shall make references to such activities on the part of members of the faculty.

Section 9. Office Hours. Members of the faculty are expected to make available in the medium provided for that purpose such office hours and conference periods as they deem most advantageous to their students.

Section 10. Outside Activity. No members of the faculty of the University shall engage in any outside work or activity if it interferes with the regular and punctual discharge of their official university duties and responsibilities. Prior to engaging in remunerative outside work or activity, a faculty member must file a description of the nature and extent of the outside work or activity with the dean of the appropriate college or school and the Provost and Vice President for Academic Affairs. The faculty member shall not continue or undertake such employment if notified of the disapproval of such undertaking.

Section 11. Faculty Rewards. Instruction, research, and public service are the three (3) components of Georgia State University’s educational function. In determining faculty salary increases consideration shall be given scholarly attainment and professional growth as evidenced by each of the following: (a) teaching activity and effectiveness; (b) research, publication, creative scholarly activity, or artistic performance; and © university, professional, and public service activities.

Section 12. Evaluation. Each faculty member shall be evaluated at least annually by the person to whom that faculty member reports.

Section 13. Salaries. In determining salaries of members of the faculty and staff serving on an annual (fiscal year) basis, consideration shall be given to the fact that they are required to be on duty for a period over one-third longer than that of those whose appointments are on a two (2) semester basis.

Section 14. Promotion and Tenure.
A. Each college, school, department or other unit which recommends faculty promotions or tenure will specify and make available to its faculty written copies of the applicable criteria and procedures governing promotion and tenure.

B. Recommendations regarding promotion and tenure by the appropriate chair, dean or other administrator shall be made following consultation with an appropriate faculty committee from within the department, college, division or unit.

C. Consultations regarding promotion and tenure shall be documented and shall include the committee’s recommendation, if any.

D. All recommendations made under this section will be documented showing that all required criteria and procedures have been followed.

E. Tenure is established and governed by the policies and regulations of the Board of Regents.

F. Minimum criteria for promotion shall include a significant representation of the following qualifications.

  1. Superior teaching.
  2. Outstanding service to the University.
  3. Academic achievement.
  4. Professional growth and development.
  5. Length of service in the University.
  6. Outstanding public service.

G. This section does not apply to decisions about non-renewal or non-retention of untenured faculty or to dismissals.

Section 15. Degree Equivalents. As a general rule, no person will be advanced to the rank of associate professor who has not received the doctoral degree. Exceptions to this rule may be made in the case of members of the faculty who have served the University for a number of years and in the case of those who may qualify as having the equivalent of such degree. The following, in combination, may be as equivalent:

A. Established reputation in field of interest.

B. Research, scholarly publications, or creative production.

C. Superior teaching as shown by competence in the conduct of classes and seminars, effective relations with students, and use and development of appropriate teaching aids.

D. Substantial, significant, and integrated program of study beyond the master’s degree.

E. Outstanding service to the University.

F. Activities related to professional growth and development.

Neither the possession of a doctoral degree nor longevity of service is a guarantee of promotion.

Section 16. Academic Freedom. All faculty members are entitled to enjoy and to exercise, without penalty for such exercise, all the rights of an American citizen as well as the rights of academic freedom as they are generally understood in the teaching profession.

Section 17. Tenure. Tenure is established and governed by the policies and regulations of the Board of Regents.

Section 18. Illness. The rights of employees who are incapacitated by illness are as established by the policies of the Board of Regents.

Section 19. Vacations. Members of the general administration shall be employed on an annual (fiscal year) basis. Vacation for such personnel and for faculty members employed on an annual (fiscal year) basis is as established by the Board of Regents.

Section 20. Leave. All leaves granted by Georgia State University must be in accordance with Regents’ regulations. When the members of the faculty desire to leave for the purpose of study, research, or other pursuit, the object of which is to increase their professional efficiency and usefulness to the University, they shall make known to the dean of their college or school the period during which they wish to be absent. The dean, in consultation with the Senior Vice President for Academic Affairs and Provost shall try to schedule the work of the faculty member so as to make it possible for them to have the leave requested.

A. The President may, with the approval of the Chancellor and the Board of Regents, grant leaves of absence, with or without pay, to members of the faculty or administrative staff. Recommendations for leave without pay will be approved whenever it appears that the granting of such leaves will not be prejudicial to the interests of the University.

B. Leave with pay shall be granted only for the purpose of promoting scholarly work and encouraging professional development. The program or project on which the applicant proposes to work will be examined carefully by the President and the likelihood of the applicant’s being able to accomplish the purpose for which leave is requested also will be considered.

C. Leave with pay ordinarily will not be granted if the applicant has less than three (3) years’ employment in the University nor will leave with pay be granted to an applicant who has not already completed the requirements for a master’s degree or the equivalent.

D. Faculty members who have been granted a leave of absence with pay shall be required, before beginning their leave, to sign an agreement that they will return the full amount of compensation they received from the Institution while on leave if they should not return to the University for at least one (1) year of service after termination of their leave.

E. In evaluating a request for a leave, the President should take into consideration the effect that the granting of leave will have on the Institution or on the department of which the applicant is a member. If the applicant’s work cannot be handled by other faculty members, and if funds are not available for the employment of a substitute, the President will be justified in refusing to recommend that the leave be granted or in deferring action upon the request for a leave.

F. Military leave shall be granted as provided by Policies of the Board of Regents.

Section 21. Classified Personnel. Classified personnel are defined as professional and administrative personnel and staff personnel. Classified professional and administrative personnel are personnel who are exempt from the Federal Wage-Hour provisions of the Fair Labor Standards Act and who are not identified as faculty or as graduate assistants. Classified staff employees are personnel who are not exempt from the provisions of the Fair Labor Standards Act. These personnel are subject to the Classified Personnel Policy for the University System of Georgia adopted by the Board of Regents, including periodic evaluation as provided in this policy.

Section 22. Part-time Personnel. Persons of learning and ability in special fields may be employed on a part-time basis with academic titles, but they shall not be entitled to faculty rank, tenure, or voting rights in the faculty.

Section 23. The Policy Manual of the Board of Regents provide for the employment, resignation, and removal of a faculty member as follows:

A. From the Policy Manual, Board of Regents of the University System of Georgia, Section 803.06:

“a. Tenured

All tenured faculty members employed under written contract for the fiscal or academic year shall give written notice of their intention to resign to the president of the institution or to his/her authorized representative, postmarked no later than February 1, immediately preceding the expiration of the contract period.

b. Non-tenured

  1. Each year, on or before the dates specified in Regents’ tenure regulations, the president of an institution, or his/her authorized representative, shall advise, in writing, all non-tenured faculty who have been awarded academic rank (instructor, assistant professor, associate professor, professor) and who are employed under written contract whether an employment contract for the succeeding academic year will be offered to them. Such written notice shall be delivered by hand or by certified mail, to be delivered to the addressee only, with receipt to show to whom and when delivered and the address where delivered.
  2. Notice of intention to renew or not to renew a non-tenured faculty member who has been awarded academic rank (instructor, assistant professor, associate professor, professor) shall be furnished, in writing according to the following schedule:
    • at least three months before the date of termination of an initial one-year contract;
    • at least six months before the date of termination of a second one-year contract;
    • at least nine months before the date of termination of a contract after two or more years of service in the institution. This schedule of notification does not apply to persons holding temporary or part-time position, or persons with courtesy appointments, such as adjunct appointments.
  3. Non-tenured faculty and other non-tenured personnel employed under written contract shall be employed only for the term specified in the contract and subsequent or future employment, if any, shall result solely from a separate offer and acceptance requisite to execution of a new and distinct contract.”

B. From the Policy Manual, Board of Regents of the University System of Georgia, Section 803.09, Paragraphs J. and K.:

“J. Notice of the intention to renew or not to renew a non-tenured faculty member who has been awarded academic rank (instructor, assistant professor, associate professor, professor) shall be furnished, in writing, according to the following schedule:

  1. at least three months before the date of termination of an initial one-year contract;
  2. at least six months before the date of termination of a second one-year contract;
  3. at least nine months before the date of termination of a contract after two or more years of service in the institution. This schedule of notification does not apply to persons holding temporary or part-time positions in whatever rank stated.

K. A tenured faculty member, or a non-tenured faculty member, before the end of his/her contract term, may be dismissed for any of the following reasons provided that the institution has complied with procedural due process requirements:

  1. Conviction or admission of guilt of a felony or of a crime involving moral turpitude during the period of employment–or prior thereto if the conviction or admission of guilt was willfully concealed;
  2. Professional incompetency, neglect of duty, or default of academic integrity in teaching, in research, or in scholarship;
  3. Unlawful manufacture, distribution, sale, use or possession of marijuana, a controlled substance, or other illegal or dangerous drugs as defined by Georgia laws; teaching or working which interferes with the faculty member’s performance of duty or his/her responsibilities to the institution or to his/her profession;
  4. Conviction or admission of guilt in a court proceeding of any criminal drug offense;
  5. Physical or mental incompetency as determined by law or by a medical board of three or more licensed physicians and reviewed by a committee of the faculty;
  6. False swearing with respect to official documents filed with the institution;
  7. Disruption of any teaching, research, administrative, disciplinary, public service, or other authorized activity;
  8. Such other grounds for dismissal as may be specified in the statutes of the institution.”

Section 24. Institutional Regulations for removal of Faculty Members.

A. The Policy Manual, Board of Regents of the University System of Georgia, Section 803.11, provides the following procedures for removal of faculty members:

“The president of an institution may at any time remove any faculty member of other employee of an institution for cause. Cause shall include willful or intentional violation of the policies of the Board of Regents or the approved statutes of an institution. Further causes or grounds for dismissal are set forth in the tenure regulations of the policies of the Board of Regents and in the approved statutes or bylaws of an institution.

Introduction: These Procedures shall apply only to the dismissal of a faculty member with tenure, or a non-tenured faculty member before the end of the term specified in his/her contract.

It is intended that the procedures set forth below shall be considered as minimum standards of due process and shall not be construed as a limitation upon individual standards or procedures, consistent with the Policies Manual and Bylaws of the Board, which an institution of the System may elect to adopt for its own improvement or to make adjustments to its own particular circumstances. Such additional standards or procedures shall be incorporated into the statutes of the institution.

The president may at any time remove any faculty member for cause. Cause or grounds for dismissal are set forth in this Policy Manual and in approved statutes or bylaws of an institution. Whenever the words “president” or “administration” are used in these procedures, they shall be construed to include the designated representative of the president.

Preliminary Procedures: The dismissal of a tenured faculty member, or a non-tenured faculty member during his/her contract term should be preceded by:

  1. Discussion between the faculty member and appropriate administrative officers looking toward a mutual settlement.
  2. Informal inquiry by an appropriate faculty committee which may, upon failing to effect an adjustment, advise the president whether dismissal proceedings should be undertaken; its advisory opinion shall not be binding upon the president.
  3. A letter to the faculty member forewarning that he/she is about to be terminated for cause and informing him/her that a statement of charges will be forwarded to him/her upon request. The faculty member may also request a formal hearing on the charges before a faculty committee. Failure to request charges or a hearing within a reasonable time shall constitute a waiver of the right to a hearing.
  4. A statement of charges, if requested by the faculty member, framed with reasonable particularity by the president or his or her designated representative. Along with the charges, the faculty member shall be advised of the names of the witnesses to be used against him or her together with the nature of their expected testimony.

Provision for Hearing Committee: A dismissal as defined above shall be preceded by statement of charges or causes (grounds for dismissal) if so requested, including a statement that the faculty member concerned shall have the right to be heard by a faculty hearing committee.

The Hearing Committee shall consist of not less than three or more than five impartial faculty members appointed by the executive committee (or its equivalent) of the highest legislative body of the faculty, from among the members of the entire faculty (as defined by the Policy Manual of the Board) of the institution.

Members of the Hearing Committee may serve concurrently on other committees of the faculty. The Hearing Committee will meet as a body when it is called into session by the chair of the body which selected them either at his discretion or upon the request of the president or the faculty member who is subject to dismissal.

When the Hearing Committee is called into session, it shall elect a chair from among its membership. A member should remove himself/herself from the case, either at the request of a party or on his/her own initiative if he/she deems himself/herself disqualified for bias or interest. Each party shall have a maximum of two challenges without stated cause; provided however, that all challenges whether with or without cause shall be made in writing and filed with the chair of the Hearing Committee at least five days in advance of the date set for the hearing. The chair shall have the authority to decide whether a member of the committee is disqualified for cause. If the chair determines that a member is so disqualified or if a committee member removes himself/herself from a case, the replacement shall be made in the same manner as the original committee was selected. If the chair is thus removed, the committee shall elect a new chair after committee replacements have been appointed. A minimum of three (3) members is required for any action to be taken.

Dismissal Procedures: In all instances where a hearing is requested the following hearing procedures shall apply:

  1. Service of notice of the hearing with specific reasons or charges against the faculty member together with the names of the members of the Hearing Committee shall be made in writing at least twenty (20) days prior to the hearing. The faculty member may waive a hearing or he/she may respond to the charges in writing at least five (5) days in advance of the date set for the hearing. If a faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of adequate cause, the Hearing Committee shall evaluate all available evidence and rest its recommendation upon the evidence in the record;
  2. The Hearing Committee, in consultation with the president and the faculty member, may exercise its judgment as to whether the hearing should be public or private;
  3. During the proceedings the faculty member and the administration shall be permitted to have an academic advisor and/or counsel of his/her choice. The Hearing Committee will be permitted to have advisory counsel;
  4. At the request of either party or the chair of the Hearing Committee, a representative of a responsible education association shall be permitted to attend as an observer;
  5. A tape recording or transcript of the proceedings shall be kept and made available to the faculty member and the administration in the event an appeal is filed;
  6. An oath or affirmation shall be administered to all witnesses by any person authorized by law to administer oaths in the State of Georgia;
  7. The Hearing Committee may grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made;
  8. The faculty member and the administration shall be afforded a reasonable opportunity to obtain necessary witnesses and documentary or other evidence;
  9. The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witness cannot or will not appear but the Committee determines that the interests of justice require the admission of his/her statement, the Committee will identify the witness, disclose his statement and if possible provide for interrogatories;
  10. The Hearing Committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available. All questions relating to admissibility of evidence or other legal matters shall be decided by the chair or presiding officer;
  11. The findings of fact and the decision of the Hearing Committee will be based solely on the hearing record;
  12. Except for such simple announcements as may be required covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers should be avoided until the proceedings have been completed, including consideration by the Board of Regents in the event an appeal is filed. The president and the faculty member will be notified in writing of the decision and recommendation, if any, of the Hearing Committee;
  13. If the Committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it will so report to the president. If the president does not approve the report, he should state his reasons in writing to the Committee for response before rendering his final decision. If the Committee concludes that an academic penalty less than dismissal would be more appropriate than dismissal, it may so recommend with supporting reasons. The president may or may not follow the recommendations of the Committee;
  14. After complying with the foregoing procedures, the president shall send an official letter to the faculty member notifying him/her of his/her retention or removal for cause. Such letter shall be delivered to addressee only, with receipt to show to whom and when delivered and address where delivered. The letter shall clearly state any charges which the president has found sustained and shall notify such person that he/she may appeal to the Board of Regents for review. The appeal shall be submitted in writing to the Chancellor within twenty (20) days following the decision of the president. It shall state the decision complained of and the redress desired. The Board or a committee of the Board shall investigate the matter thoroughly and render its decision thereon within sixty (60) days from the date of the receipt of the appeal or from the date of any hearing which may be held thereon;
  15. Upon dismissal by the president, the faculty member shall be suspended from employment without pay from the date of the final decision of the president. Should the faculty member be reinstated by action of the Board of Regents, he/she shall be compensated from the date of the suspension.”

B. The following additional standards or procedures apply to Georgia State University:

  1. A hearing committee which shall consist of five (5) faculty members shall be appointed by the Executive Committee of the University Senate from the entire faculty of the University in the manner described below. At the beginning of the year during which the Executive Committee is to serve it shall elect by secret ballot fifteen (15) faculty members from the entire faculty of the University, as the faculty is defined by the Board of Regents and as referenced in Article V, Section 1, of these Statutes. These faculty members shall be ranked from the highest to the lowest in order of the number of votes received. The five (5) faculty members with the highest number of votes shall be appointed by the Executive Committee as members of the Hearing Committee. The remaining ten (10) members shall serve as alternates in the order of the number of votes received. In the event that two (2) or more persons are elected by the same number of votes the presiding officer of the Executive Committee shall determine how they shall be ranked. The presiding officer of the Executive Committee shall serve when regular members are not available and are excused by the chair of this Hearing Committee for good reasons, as set forth above in Section 24, A.
  2. During the proceedings the parties shall have the right to be represented by an academic or other personal advisor or legal counsel of their own choice. The Hearing Committee shall also be permitted to have advisory counsel. The role of counsel shall be to advise the faculty member, administrative official, or the committee, but no party to the hearing shall have the right to address the committee in an intimidating or harassing manner, or to conduct the hearing in a manner inconsistent with the canons of civility, decorum, and academic propriety. In the event that any party to the hearing disrupts the proceedings or makes it impossible to continue an orderly hearing, in the judgment of the committee, such hearing may be recessed or terminated.
  3. The hearing committee in consultation with the President and the faculty member, may exercise its judgment as to whether the hearing should be public or private.
  4. The hearing referred to herein shall constitute the original hearing and all allegations, causes of action, or rebuttals of the charges must be specified at the time of such hearing; any subsequent appeal of the decision determined after the original hearing shall constitute the complete substance of any further appeal and shall be restricted solely to parties and matters originating on the hearing record. Thereafter, the appeal shall be reviewable only on the hearing record and there shall be no de novo hearings, except those which may be authorized by the Board of Regents, unless there is a showing with respect to the original hearing of fraud, lack of jurisdiction, substantial error materially prejudicing the right of the faculty member, or a finding that the hearing committee was arbitrary and capricious in its findings.
  5. The faculty member and advisor or counsel and the university administration, at the expense of each party, shall have the right to be present at and to participate in the questioning of any witness who cannot or will not appear before the hearing committee, with the witness’s answers to all questions being entered into the affidavit.
  6. The hearing committee shall make specific findings relative to each of the charges made. If the hearing committee concludes that an academic action less than dismissal would be more appropriate than dismissal, it may so recommend, with supporting reasons. The report shall be made to the President. Upon receipt of such report the President may refer the document to the appropriate vice president who must communicate the vice president’s recommendations on the charges and on the findings and recommendations of the hearing committee to the President.
  7. The President may approve an action less than dismissal, or may approve a recommendation for dismissal and remove the faculty member. If the President does not approve the recommendation of the hearing committee the President should state the reasons in writing to the committee for response before rendering a final decision. The faculty member shall be informed of the action taken and shall have the right to appeal any adverse recommendation to the Board of Regents in accordance with paragraph 14 of the preceding section on Dismissal Procedures.

Section 25. Faculty Grievance Policy.

A. Statement of Policy

Georgia State University has a tradition of excellence in all of its academic endeavors. To maintain this standard, faculty and administrators must work together in a respectful and collegial manner. This Policy exists to provide a fair and equitable process to resolve faculty grievances for alleged violations of University policy, procedure or established practice.

Georgia State University encourages informal, frank and open discussion to resolve disagreements. However, the University also recognizes that occasionally more formal processes are needed. All such activities, whether informal or formal, must be carried out by all participants within a framework of good faith collegiality. Those participating in the grievance process as outlined in this Policy and the accompanying Operating Procedures for Resolving Faculty Grievances will not be subject to reprisal or retaliation.

Grievances and the proceedings under this Policy will be treated with the greatest degree of confidentiality possible. Complainants are advised, however, that confidentiality can only be respected insofar as it does not interfere with the University’s obligations to investigate allegations of misconduct that require it to take corrective action, or to fulfill duties imposed by law, including, but not limited to, compliance with the Georgia Open Records Act, responses to discovery requests in litigation and third-party subpoenas.

When extenuating circumstances warrant, the Provost or the Associate Provost for Faculty Affairs has authority to extend any of the time limits set forth in the Operating Procedures for Resolving Faculty Grievances.

Any question of interpretation regarding this Policy will he referred to the Provost for final determination. The Provost’s interpretation is not appealable.

B. Matters Excluded from Resolution through the Faculty Grievance Policy

This Policy does not apply to decisions made with regard to the following as they have their own policies and procedures for resolution:

  • Tenure or promotion, including interpretation of policies or procedures related thereto
  • Non-reappointment or non-extension of appointment
  • Compensation
  • Evaluation of performance
  • Termination of tenured faculty for cause or termination of non-tenured faculty for cause prior to the expiration of their term of appointment
  • Complaints involving allegations of discrimination or harassment

The Grievance Policy does not usurp and cannot be used in tandem with or after closure of matters involving tenure and promotion or discrimination or harassment. Matters involving tenure and promotion shall only be raised as set out in the University’s Promotion and Tenure Manual. Complaints related to discrimination or harassment shall be filed solely with and addressed by the Office of Equity and Civil Rights Compliance.

C. Related Documents

 

Procedures for Resolving Faculty Grievances

These procedures supplement the Policy on Faculty Grievances.

Effective Date: [insert date]

I. GRIEVANCE RESOLUTION PROCESS

Conflicts frequently can be resolved if the parties involved communicate their concerns, listen to each other, and show a willingness to compromise and/or change. Often conflicts can be lessened, if not eradicated, by clearing up misperceptions and misunderstandings. Faculty members are strongly encouraged to resolve their concerns in this manner.

The Informal Grievance Resolution Process is designed to empower the parties to a grievance to reach a mutually satisfactory agreement. However, engaging in the Informal Grievance Resolution Process is not required before a formal grievance is filed.

All deadlines in these procedures are stated in terms of business days. If a deadline falls on a scheduled University holiday, the deadline will be the next scheduled business day of the University. If circumstances prevent the meeting of a deadline established in these procedures, the delay will be minimized and the steps of the procedure will proceed as close as possible to the deadlines outlined in these procedures.

II. DEFINITIONS

A. Complainant-a member of the Faculty who seeks to resolve a grievance through the Faculty Grievance Policy and the procedures set forth herein.

B. Respondent-The Georgia State University employee(s) who made the decision or took the action on behalf of the University that precipitated the grievance.

III. INFORMAL GRIEVANCE RESOLUTION PROCESS

A. Filing Written Statement of Concern

1. To begin the Informal Grievance Resolution Process, the Complainant must file a written statement of concern with the Associate Provost for Faculty Affairs within 30 business days from the date in which the Complainant first knew, or could reasonably be expected to know, of the issue giving rise to the grievance or within 30 business days from the most recent incident in a series of related incidents. The statement must include:

  • An explanation of the exact nature of the grievance, including relevant dates;
  • The University policy, procedure, or established practice allegedly violated;
  • The name(s) of the person(s), if known, responsible for the alleged violation; and
  • The remedy sought and whether the Complainant is willing to participate in mediation.
    1. Upon receipt of the statement, the Associate Provost for Faculty Affairs, or designee, will determine whether the statement is timely and whether the matters cited are covered by Faculty Grievance Policy. If the Associate Provost for Faculty Affairs is a party to the grievance, the statement will be forwarded to the Provost who will designate another academic administrator to perform the Associate Provost for Faculty Affairs’ duties assigned herein.
    2. The Associate Provost for Faculty Affairs, or designee, will provide notice of the statement to the Dean of the College and/or the head of the Unit, provided neither of these two positions is the Respondent.
    3. Within ten business days of receipt of the statement, the Associate Provost for Faculty Affairs will share the statement with the Respondent. The Respondent will have ten business days from receipt of the statement to notify the Associate Provost for Faculty Affairs whether the Respondent is willing to engage in mediation. If Respondent chooses not to participate, mediation will not proceed and the Complainant may pursue filing a formal grievance in accordance with section IV below.
    4. Within 10 business days of receipt of the statement, the Associate Provost for Faculty Affairs will notify the Complainant in writing whether the grievance will be closed because it was untimely, failed to meet the eligibility criteria, the Respondent chose not to participate in mediation or will proceed to mediation.
    5. In the event it is determined that the grievance will not proceed further because it was determined to be untimely or the matters cited are not covered by the Policy, the Complainant may appeal such determination to the Provost. The appeal must be in writing and filed within l O business days of the Associate Provost for Faculty Affair’s decision. The decision of the Provost is final and is not appealable.

B. Mediation
1 . In the event that mediation will proceed, the Associate Provost for Faculty Affairs will appoint a mediator to assist the parties in resolving the grievance. Such mediator may be selected among employees of the University. The mediator’s role is to assist the parties in arriving at a resolution of the dispute that is acceptable to both the Complainant and the Respondent(s).

2. The Complainant, Respondent and any other parties participating in mediation should keep all information related to the grievance and mediation confidential, except as necessary to fulfill the requirements of the Policy or to comply with applicable law. All matters discussed during mediation cannot be used as evidence in any subsequent formal resolution process, unless those matters were otherwise known by or available to the Complainant and Respondent(s) prior to the informal process.

3. Within 10 business days following the conclusion of the mediation, the mediator must complete and submit to the Associate Provost for Faculty Affairs a report indicating whether or not the parties reached a resolution. Copies of the report will be sent to the Complainant and Respondent(s). If the parties reach a resolution, the grievance will be closed, as confirmed in writing by the Associate Provost for Faculty Affairs to the Complainant and Respondent.

4. The Informal Grievance Resolution Process must be concluded within 30 business days from the appointment of the mediator unless the parties mutually agree to extend the time for conclusion of the Informal Grievance Resolution Process.

IV. FORMAL GRIEVANCE RESOLUTION PROCESS

If the parties choose not to participate in mediation or the mediation fails to reach a resolution, the Complainant may initiate the Formal Grievance Resolution Process.

A. Initiation of Formal Grievance Resolution Process

  1. To initiate the Formal Grievance Resolution Process, a Complainant must file a Notice of Formal Grievance (“Notice”) with the Associate Provost for Faculty Affairs no later than 10 business days after receiving either the notification that the Respondent did not elect to participate in mediation or the report indicating that the mediation failed to reach a resolution.
  2. If the Complainant did not initiate an Informal Grievance Resolution Process, the Notice must be filed within 30 business days from the date in which the Complainant first knew, or could reasonably be expected to know, of the issue giving rise to the Grievance or within 30 business days from the most recent incident in a series of related incidents.
  3. If the Associate Provost for Faculty Affairs is a party to the Grievance, the Complainant must send the Notice to the Provost who will designate another academic administrator to perform the Associate Provost for Faculty Affairs’ duties assigned in this Formal Grievance Resolution Process.
  4. The Notice must include all of the following:
  • An explanation of the exact nature of the grievance, including relevant dates;
  • The University policy, procedure, or established practice allegedly violated,
  • The name(s) of the person(s), if known, responsible for the alleged violation; and
  • The remedy sought, and
  • Copies of all documents concerning the Grievance, including those that were sent or received during the Informal Grievance Resolution Process, if such process occurred.
    1. Within 10 business days after receipt of the Notice, the Associate Provost for Faculty Affairs will review the Grievance and determine whether the Notice is timely, whether the subject matter of the Grievance is eligible for review under the Faculty Grievance Policy and notify the Complainant in writing whether the grievance is eligible to proceed.
    2. In the event the Associate Provost for Faculty Affairs determines that the Grievance will not proceed further, the Complainant may appeal such determination to the Provost. The appeal must be in writing and filed within IO business days of the issuance of the determination that the Grievance will not proceed. The decision of the Provost is final. Decisions not appealed within the time limit are deemed final.
    3. If the Grievance will proceed further, the Associate Provost for Faculty Affairs will forward a copy of all materials received from the Complainant to the Respondent whose alleged actions or decisions are the basis for the Grievance. Within l 0 business days of receipt, the Respondent will provide a written response to the Associate Provost for Faculty Affairs. The Respondent’s written response and any supporting documentation submitted will be forwarded by the Associate Provost to the Complainant.
    4. The Associate Provost for Faculty Affairs will also provide written notice to the appropriate Department head and Dean (if not a Respondent) of the existence of the Grievance, including the names of the Complainant and the Respondent(s).

B. Grievance Hearing Panel

  1. The Associate Provost for Faculty Affairs will appoint an impartial Grievance Hearing Panel of three faculty senators drawn from the Senate Hearing Committee based on the following criteria:
  • A panelist shall not be in the same academic department as the Complainant or the Respondent or if there is no academic department than a panelist shall not be from the same College as the Complainant or the Respondent; and
  • A panelist shall not have a conflict of interest with either party.
    1. Within five business days of receiving notice of the three faculty senators, the Complainant and the Respondent each may exclude up to one faculty senator as prospective panelists.
    2. If additional panelists arc needed and no other Senate Hearing Committee members are available or qualify, the Associate Provost for Faculty Affairs will select the number of additional faculty needed to constitute a panel from the faculty at-large. Selected panelists must meet all the criteria stated above.
    3. The Associate Provost will notify the Complainant and Respondent of the final panel members and forward to the panel members the materials provided by the Complainant and Respondent.
    4. The Chair of the Grievance Hearing Panel, selected by the members of the Panel, must be a tenured faculty member. The Chair of the Grievance Hearing Panel will be responsible for conducting hearings, meetings, and issuing all communication on behalf of the panel.

C. Grievance Hearing Proceedings

  1. The Grievance may be withdrawn under the following conditions:
  • The Complainant may withdraw the Grievance at any time;
  • The Respondent agrees to provide the remedy sought by the Complainant in the Grievance Notice or otherwise come to a mutually satisfactory agreement; or
  • Both the Complainant and the Respondent agree to withdraw the Grievance for another reason.
    1. Any agreement reached by the parties will be reviewed by the University’s General Counsel for legal sufficiency and compliance with University System and University policy and procedure.
    2. A hearing will commence no later than 20 business after a panel is constituted and will be open only to the participants and their respective advisors, unless both the Complainant and the Respondent request or agree otherwise. Such request or agreement must be submitted in writing to the Grievance Hearing Panel for consideration and approval.
    3. The order in which the various elements of the hearing described below occur is determined by the panel. The panel also may set reasonable time limits in which these elements must be completed. The determined order of the hearing and the time limits, if the panel chooses to set them, must be sent to both the Complainant and the Respondent(s) at least five business days prior to the hearing.
    4. The Complainant and the Respondent may each invite one individual to serve in an advisory capacity. Advisors can be present throughout the hearing to provide support and advice to their advisee and/or to observe the proceedings. However, they may not provide testimony, advocate, make statements, or otherwise participate in the hearing.
    5. The panel also is permitted to have advisory counsel during the proceeding.
    6. Both the Complainant and the Respondent may present oral and written statements, question each other, introduce witnesses, and question all witnesses. Witnesses may be present at the hearing only when they are making a statement or being questioned. An advisor may not also be a witness, nor may a witness be an advisor.
    7. The panel may question all participants speaking at the hearing as well as ask for additional information. The panel also may question witnesses. In addition, the panel may stop the presentation of information it deems irrelevant to the allegations. No new allegations may be introduced at the hearing.
    8. All panel members, participants, and advisors must respect the confidentiality of the information and records introduced at the hearing.
    9. An audio recording will be made of the hearing and kept in the Office of the Associate Provost for Academic Affairs. The panel, the Complainant, the Respondent, the Provost, the Associate Provost for Faculty Affairs, and any designee of such University officers may use the recording to review the proceedings. A written transcript will not be provided.
    10. The panel’s recommendation must be based solely on information made available by both the Complainant and the Respondent during the course of the Formal Grievance Resolution Process. If additional information is received by the panel outside the hearing, it must be shared with both parties to the Grievance prior to the hearing, and each must be given a reasonable opportunity to respond in writing.
    11. After the hearing has concluded, the panel will meet separately and determine by majority vote whether or not a preponderance of the evidence presented supports the allegations made by the Complainant regarding violation of University policy, procedure or established practice.
    12. Within 15 business days after completion of the hearing, the panel will provide a brief, written report of its findings, conclusions, and recommendations to the Associate Provost for Faculty Affairs, the Complainant and the Respondent. The Associate Provost will provide a copy of the Provost.
    13. The Provost will make a determination on the outcome of the grievance following review and consideration of the findings, conclusions, and recommendations. The determination will be provided in writing to the Complainant, the Respondent, the Dean and/or appropriate unit head, and the members of the panel within IO business days of receipt of the panel’s recommendation.
    14. If the Provost participated in the hearing or was a party to the Grievance, the President will appoint another University academic administrator not associated with the Grievance to make and communicate the determination.

V. APPEAL PROCESS

A. The Complainant and the Respondent each have the right to appeal the determination made by the Provost or other official designated in accordance with these procedures. Such appeal must be in writing, addressed to the President and filed within l O business days of the issuance of notification of the determination with all supporting materials attached. Decisions not appealed within such time arc deemed final.

B. The President in accordance with these procedures must make a determination on the appeal within IO business days. Such determination will be communicated in writing to the Complainant, the Respondent, the members of the Grievance Hearing Panel, and the Provost or other official who made the determination regarding the Grievance. The written determination concerning the appeal constitutes the University’s final action.