UWS Chapter 6 - Faculty complaints and grievances

These rules were promulgated in accordance with the rulemaking authority vested in the Board of Regents by Chapter 36 of the Wisconsin Statutes. The rules govern areas such as the use of university facilities, conduct, and dismissal of personnel. Please note that not all UWS rules have a corresponding UWL related policy.

6.01   Complaints.
6.02   Grievances.
UWS 6.01Complaints. The faculty of each institution, with the approval of the chancellor, shall establish rules and procedures to deal with allegations by the administration, students, academic staff members, other faculty members, university staff members, or members of the public concerning conduct by a faculty member which violates university rules or policies, or which adversely affects the faculty member's performance of his/her obligation to the university but which allegations are not serious enough to warrant dismissal proceedings under ch. UWS 4. Such rules and procedures shall include, but not necessarily be limited to, the following:
(1) Review of and administrative action on the complaint by the chancellor. Administrative action may include dismissing the complaint, invoking an appropriate disciplinary action, or referring the complaint to the standing faculty committee created under sub. (2).
(2) Provision for a hearing before a standing faculty committee selected by the faculty of each institution in such manner as they shall determine. Such hearing shall be held at the request of the chancellor or, if the chancellor invokes a disciplinary action, at the request of the faculty member concerned.
(3) Guarantee of adequate due process to include, but not limited to, written notification of the complaint, fair and complete hearing procedures, written statement of findings, transmittal of findings to the faculty member involved and appropriate administrative officials within a reasonable period of time, and prohibition of further jeopardy for the same alleged misconduct after a final decision.
(4) Delineation of the powers of the faculty committee to make recommendations to the chancellor concerning disciplinary action, to recommend dismissal of the complaint, or to recommend referral of the complaint to the appropriate department or administrative officer.
(5) The decision by the chancellor on the recommendations of the committee, or on the complaint in the absence of committee recommendation, shall be final except that the board at its option might grant a review on the record.
History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; 2015 Wis. Act 330: am. (intro.) Register April 2016 No. 724, eff. 5-1-16.
UWL 6.01   Complaints.

(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))

UWS 6.02Grievances. The faculty of each institution shall designate a committee or other appropriate faculty body to hear faculty grievances under rules and procedures established by the faculty of the institution in conjunction with the chancellor. The committee or faculty body shall have the power to conduct hearings and fact-finding related to the grievance and to recommend solutions to the grievance to the chancellor. If the committee or other body makes recommendations to the chancellor, the chancellor shall act on the recommendations within 30 days. The decision by the chancellor on the recommendation of the committee, or on the grievance in the absence of committee recommendation, shall be final except that the board, upon petition of a grievant or the committee or other faculty body, may grant a review on the record.
History: Cr. Register, January, 1975, No. 229, eff. 2-1-75; am. Register, April, 1989, No. 400, eff. 5-1-89.
UWL 6.02Grievances. 

(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.




Keywords:faculty grievances   Doc ID:104778
Owner:John A.Group:UW-La Crosse
Created:2020-08-08 15:26 CSTUpdated:2022-02-23 10:54 CST
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