Filing an Academic Grievance

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Presentation transcript:

Filing an Academic Grievance These slides describe the academic grievance filing and resolution procedures, based on CRR 370.010 (Academic Grievance Procedure): https://www.umsystem.edu/ums/rules/collected_rules/grievance/ch370/370.010_Academic_Grievance_Procedure. This document is intended as basic guidance to the Missouri S&T faculty regarding academic grievance proceedings and neither supersedes nor is intended to represent the entirety of the CRR. This is a Faculty Senate document. Last revised on 11/30/2016 by Tom Schuman, President

Entities Involved in a Formal Grievance The person who files a grievance (i.e., the Grievant or Aggrieved) The Faculty Senate (FS) President Receives your grievance Starts the process and has a limited oversight responsibility The Grievance Resolution Panel (GRP) Two primary and two alternate faculty members All four faculty members are a committee elected by Faculty Senate Two faculty members are assigned to each grievance case by the FS President One senior administrator member, either the Chancellor or a Chancellor’s designee One representative from the oversight committee (OC) Three elected faculty members serve on the OC One member is assigned to each grievance case by the FS President A “University Respondent” provides rebuttal to the grievance The Chancellor

Grievance Where one or more of the following has occurred: There has been a violation, a misinterpretation, an arbitrary or discriminatory application of written University rule, policy, regulation, or procedure which applies personally to the faculty member, notwithstanding that it may apply to others within or without the grievant's unit, relating to the privileges, responsibilities, or terms and conditions of employment as a member of the faculty. The faculty member has been discriminated against in violation of the Equal Employment/Educational Opportunity Policy in Section 320.010, and Sections 200.025, 600.040 and 600.050 are not applicable. There has been an infringement on the academic freedom of the faculty member. Version 11/30/2016

Informal Resolution of Grievances All grievances should be settled through informal discussions at the lowest administrative level. Disputed matters should be processed as formal grievances only when either party feels that a fair and equitable solution has not been reached in the informal discussions.

Requirements for Filing a Formal Grievance The grieved act listed on the GFF must meet the definitional criteria in CRR 370.010 A The grievant: Is a current or former faculty member (including administrators) As a former member of the faculty can only grieve non-renewal of employment Must demonstrate that s/he attempted to informally resolve the complaint before filing the grievance The grievance should relate specifically to her/his status or activities as a faculty member Grievance must be filed within one hundred and eighty (180) calendar days after a grievant knew, or reasonably should have known, of the occurrence of the aggrieved occurrence or omission Where the grievance arose out of a series of occurrences or omissions, the filing period shall be measured from the last event or omission in the series

Pertinent Resources/Links CRR 370.010 Academic Grievance Procedure: https://www.umsystem.edu/ums/rules/collected_rules/grievance/ch370 Grievance form: https://www.umsystem.edu/media/gc/370.010-Appendix-A.doc Submit completed grievance form to: grp@mst.edu

Filing an Academic Grievance Complete the grievance form Follow the CRR regarding if and what to file Form may be downloaded at: https://www.umsystem.edu/media/gc/370.010-Appendix-A.doc Submit the form and supporting information to the Faculty Senate President grp@mst.edu You should receive a receipt confirmation by e-mail A time clock starts upon receipt of a correctly completed grievance form The GRP has 120 days after receiving a correctly filed grievance to conclude resolution of a grievance

Beginning the Grievance Process Faculty Senate (FS) President will notify the Grievance Resolution Panel (GRP) of the grievance GRP is provided the filed grievance and supporting information GRP members will notify the FS Pres. of conflicts of interest FS Pres. will assign a GRP alternate in event of conflict FS Pres. assigns a member of the grievance oversight committee to grievances on a rotating basis FS President will schedule an initial formation hearing Attendees: Grievant, FS Pres., Chancellor’s designee, GRP, and Oversight The FS Pres., Chancellor’s designee, GRP, and Oversight members will select the “University Respondent” to the grievance Initial hearing may include other individuals with direct knowledge pertaining to the content of the grievance Initial hearing is to “discuss the complaint and gain a greater understanding of the issues” and select the Respondent It is important that an appropriate respondent be selected: either whom the grievance is against or a University administrator capable of ‘solving’ the grievance

Grievance Process Note: The Chancellor will have the ultimate say GRP may hold one face-to-face meeting Both grievant and the person against whom the grievance is directed The person against whom the grievance is filed may be the respondent, or an appropriate administrator Grievance may require more than one Respondent The Respondent(s) will provide a written rebuttal to the grievance GRP will investigate: gather evidence, meet individually or jointly with either or both parties, as well as other relevant individuals GRP may consult with University Legal Counsel

Grievance Process Grievant(s) and Respondent(s) shall be promptly provided with a copy of all evidence collected by the GRP, or a summary GRP will inform the parties in writing of their tentative findings and the basis for these findings Parties shall meet jointly with the GRP and each will have the opportunity to provide their perspective on tentative findings GRP will have three months from the date of a correctly filed grievance (see CRR 370.010 C.3.a) to conduct an investigation and render findings and recommendations, or may request an extension Oversight member and FS President provide timeline oversight GRP will file a findings and recommendations report

Appeal of GRP Finding You may appeal the GRP findings Appeals must be filed within 15 calendar days of findings report Use the grievance appeal form: https://www.umsystem.edu/media/gc/370.010-Appendix-B.doc Chancellor has 15 days to approve or deny appeal The Chancellor has 45 calendar days from date of GRP findings report to accept or reject, in part or wholly, the GRP findings

End of the Grievance Process Chancellor decides to accept or reject, in part or wholly, the GRP findings Chancellor’s decision is final Grievant then has 15 calendar days to provide written acceptance or rejection of decision Grievance Acceptance Form: https://www.umsystem.edu/media/gc/370.010-Appendix-C.doc If decision is rejected, the grievant suffers the loss of all remedies favorable to the grievant from GRP report