Topics Map > Human Resources
UWS Chapter 6 - Faculty complaints and grievances
(1) In an effort to reach informal resolution, problems concerning the improper conduct of faculty members should initially be addressed at the level (department/unit, college or university) where the problem originated. If the parties cannot resolve the problem, either party may present the problem to the chancellor. At this stage, the problem shall be classified a complaint requiring both review and action by the chancellor. In unusual cases, the problem may be immediately classified a complaint and presented to the chancellor without attempts at informal resolution.
(2) The standing faculty committee to hear complaints against faculty members shall be Committee on Complaints, Grievances, Appeals and Academic Freedom, as established by Faculty Senate Bylaws. The chancellor or a designated administrative representative shall be responsible for drafting the formal complaint, gathering documentary evidence, and securing witnesses. The chancellor shall initiate the hearing process by submitting the formal complaint and the supporting materials (letters, memos, evidence, preliminary findings, etc.) To the CGAAF Committee. If the chancellor invokes a disciplinary action or concurs with a previous disciplinary action, the disciplined member may request a hearing of the complaint by the CGAAF Committee. The burden of proof in a complaint shall rest with the chancellor or the designated administrative representative.
(3) The Faculty Senate Bylaws shall specify the guarantees of due process and procedure for the fair hearing of a complaint. The CGAAF Committee may establish additional rules and guidelines regarding hearings. The informal resolution of faculty conduct problems should ordinarily be completed during the semester in which the problem surfaces. Formal complaints shall be filed with the CGAAF Committee within 30 days beyond the end of the semester in which they are alleged to have occurred. If the chancellor's action invokes or continues a disciplinary action in a complaint case without a hearing, the disciplined faculty member may request a hearing of the complaint by the CGAAF Committee. This request shall be made within 20 days of notice of the chancellor's decision (25 days if notice is by first class mail). Such a hearing shall be held no later than 20 days after the request except that this time limit may be extended by mutual consent of the parties or by order of the CGAAF Committee.
(4)
(a) At least two-thirds of the members hearing the case must concur in a finding of misconduct and in a recommendation of severe sanctions if such a finding and recommendation are to be reported to the chancellor. Otherwise, a finding of no serious misconduct warranting severe sanctions shall be reported. The committee may by majority vote of those hearing the case recommend a minor sanction. If the committee finds sanctions are not warranted, it shall recommend dismissal of the complaint. But the committee may recommend referral to appropriate officials or groups for informal resolution of remaining issues.
(b) Procedures:
1. The committee shall transmit its findings of fact and recommendations in writing to the chancellor and faculty member involved within 10 days after the conclusion of its proceedings.
2. Following the final decision of the chancellor, the faculty member involved shall not be charged again for the same instance(s) of alleged misconduct.
3. Within 10 days after the transmittal of the findings and recommendations of the committee, the faculty member or the complainant may file written objections with the chancellor.
4. Any objections must be based solely on the record as developed at the hearing before the committee.
5. The chancellor shall render a decision as soon as practical after the expiration of this second 10 day period and shall transmit the decision to the faculty member, the complainant and the committee. If the chancellor does not accept the committee recommendation, he/she shall provide the committee with a written statement of the reasons for his/her disagreement. Failure to accept the committee's recommendations should be rare and the reasons compelling.
6. In exceptional cases, the parties involved in the complaint may request the Board to grant a review on the record. (UWS 6.01(5))
History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. Register, April, 1989, No. 400, eff. 5-1-89.
(1) The faculty committee to investigate grievances of faculty members shall be the Committee on Complaints, Grievances, Appeals, and Academic Freedom, as authorized by the Faculty Senate Bylaws.
(2) A grievance is a personnel problem involving a faculty member's expressed feeling of unfair treatment or dissatisfaction with aspects of his/her working conditions within the university which are outside his/her control and which are not covered by other personnel rules. A grievance relates to such matters as academic freedom, salaries, promotions, assignment of teaching duties, assignment of space or other facilities, and unethical or improper action by administrators. In a grievance a faculty member claims substantial personal harm and seeks redress for himself or herself.
(3) In an attempt to reach informal resolution, faculty problems concerning unfair and improper working conditions should initially be addressed at the level (department/unit, college or university) where the problem originated. If the parties cannot resolve the grievable problem or if the faculty member wishes to appeal the informal resolution, the faculty member may petition in writing the Committee on Complaints, Grievances, Appeals, and Academic Freedom for redress. In unusual cases, the grievance may be presented to the committee without attempts at informal resolution.
(4) The faculty member who grieves is responsible for preparing the grievance petition, for documenting evidence, and for securing witnesses. The written petition shall set forth in detail the nature of the grievance, shall identify parties to the grievance and, at the option of the grievant, may include a statement describing appropriate redress. The grievant shall initiate the grievance process by submitting the petition along with the supporting materials (letters, memos, data, evidence, preliminary findings, etc.) to the CGAAF Committee. The burden of proof in a grievance shall rest with the faculty member who has filed the grievance.
(5) The informal resolution of problems involving unfair treatment or improper working conditions should ordinarily be completed during the semester in which the problem surfaces. Formal grievances shall be filed with the CGAAF Committee within 30 days beyond the end of the semester in which they are alleged to have occurred. The CGAAF Committee shall use its best efforts to hold a hearing within 30 days after a formal grievance is filed. This time limit may be extended by mutual consent of the parities or by order of the CGAAF Committee.
(6) Submission of a grievance petition shall not automatically entail investigation or detailed consideration thereof. The committee shall have the right to decide whether or not the facts merit a formal hearing. The committee may reject the case if the petition is seriously flawed; if the alleged personal harm is not substantial, or if the grievant has not made a good-faith effort toward informal resolution.
(7) The Faculty Senate Bylaws shall specify the guarantees of due process and procedure for the fair hearing of a grievance. The CGAAF Committee may establish additional rules and guidelines regarding hearings.
(8) The committee shall report its findings and recommendations to the chancellor, to the Executive Committee of the Faculty Senate, to the grievant, and to all parties to the grievance within ten days after the conclusion of its proceedings.
(9) Within ten days after the transmittal of the findings and recommendations of the committee, a party to the grievance may file written objections with the chancellor. Any objections must be based solely on the record as developed at the hearing before the committee.
(10) The chancellor shall render a decision as soon as practical after the expiration of this second ten day period, but no later than 30 days following receipt of the committee's recommendation(s), and shall transmit the decisions to the grievant, to the party against whom the grievance has been filed, to the Faculty Senate Executive Committee, and to the CGAAF Committee. If the chancellor does not accept the committee recommendation, he/she shall provide the Faculty Senate Executive Committee and the CGAAF Committee with a written statement of reasons.