Revisions accepted by the Senate 12-13-04 (revisions in bold)
In order to attempt to resolve
internal disputes within the campus community, the Faculty Senate of
Wichita State University has established a grievance procedure for faculty
members. and other unclassified personnel. The grievance This
procedure, when used, gives implemented, provides faculty
the employee an opportunity to have his or her a
grievance complaint considered by a Grievance Review Committee made up of
faculty members; the Review Committee then makes recommendations for final
action to a the Vice President for Academic Affairs and
Research (hereafter referred to as the Vice President). of the
University. If a case is appealed, the President of the University makes
the final decision. The text of the grievance procedure follows.
Grievance Procedures in
Summary Form
1. A faculty member who
has a grievance must make a bona fide effort to resolve the matter through
University channels. In most instances this should occur within the faculty
member's department or office and should involve the Chairperson or immediate
Supervisor, and if appropriate, the Dean.
2. If the dispute is not
settled the faculty member must contact the Chairperson of the Rules Committee.
If a grievance involves discrimination, the faculty member should notify the
Director of Affirmative Action before contacting the Chairperson of the Rules
Committee. In discrimination grievances, if contacted first, the Rules Committee
Chairperson will direct the faculty member to the Director of Affirmative Action
for Unclassified Personnel.
3. The faculty member
must file a formal complaint with the Chairperson of the Rules Committee
and request that a Convener and a Review Committee be appointed.
.
4. If the faculty member
elects to waive a hearing, the Review Committee will evaluate the evidence and
base its findings and recommendations on such material.
5. If the faculty member
elects a hearing before the Review Committee, the specific procedures for the
hearing are provided in the statement of Policies and Procedures for Processing
Grievances at Wichita State University.
6. After the hearing,
the Review Committee will deliberate and submit its findings and recommendations
to the Vice President of the University. having jurisdiction over the
respondent.
7. Following evaluation
of the Review Committee's recommendations, the Vice President will decide the
case.
8. Either party to the
grievance may appeal this decision to the President.
Policies and Procedures for Processing Grievances for Faculty
I. General Information
A. Internal Disagreements
To resolve internal
disputes, to assure careful consideration of personnel actions and complaints,
and to safeguard academic freedom, Wichita State University provides for the
review of grievances filed by faculty members. of the University. The
term "faculty member" refers to a person who, at the time the grievance is
filed, is a full time member of the faculty or who holds a fractional time
appointment of .5 or more, and who holds the rank of Assistant Instructor,
Instructor, Assistant Professor, Associate Professor, or Professor.
Faculty members, for purposes of the grievance procedure, are defined as those
holding half-time or more appointments at the rank of instructor or higher in
which the primary duties are fifty percent or more teaching, research, and/or
library service. This grievance procedure cannot be used by classified
staff or by students. Faculty members should turn to the grievance
process only after the normal methods of administrative remedy have been tried.
Relief should be sought from at least one level higher in the administrative
structure than the departmental unit immediate supervisor.
The WSU academic community assumes that it is possible and desirable to resolve disputes through internal processes. It also assumes that the procedures are not the same as a court trial. If a faculty member appeals to agencies outside the University before the internal grievance procedure has been completed, the President of the University may tell the Rules Committee to stop the review.
B. Exclusions
Complaints based on the following are excluded from this grievance procedure:
Federally Defined Discrimination (in such cases, contact the University's Director of Equal Employment Opportunity) Dismissal for Cause
Sexual Harassment
Tenure & Promotion
Retrenchment
Hiring Decisions
Library Fines
Traffic Fines
C. Time Limits
The Complaint
Form
must deal with a grievable wrong that occurred within the last three years.
be filed within three months from the date on which the grievance
occurred or the date on which it became known. Grievance hearings will
not be conducted during the spring and fall semesters. between
May 18 and August 18. Grievances filed after May 1, during that
period will be processed after September 15. August 18.
II. Suspension of Faculty Members During the Proceedings
A faculty member may be
suspended during a grievance if, in the judgment of the President of the
University, immediate harm to the faculty member or to others is threatened
by continued service. This suspension occurs without prejudice and, except in
extremely unusual circumstances, without loss of compensation until the
grievance procedures herein are concluded.
and the action of
the Vice President is taken pursuant to Section VIII L. of this policy.
III. Initial Procedures in Processing a Grievance Complaint
Any
The faculty member who has a grievance must make a bona fide
sincere effort to resolve the complaint matter
through University channels at the most immediate level. In most instances
this should involve the Chair or immediate Supervisor, and, if appropriate, the
Dean. If discrimination is alleged, the faculty member may initially seek
resolution by contacting the Assistant Dean of Faculties rather than the
Chairperson, Supervisor or Dean. If the complaint is directed against
someone or individuals a faculty member, office, or entity outside
the department, the faculty member likewise must also make a
genuine sincere effort to resolve the matter.
IV. Formal Request for
Grievance Review Committee Statement of the Problem
A faculty member who is
unable to settle the dispute must obtain a complaint form from the Chairperson
of the Rules Committee. In discrimination cases, the faculty member should
consult with the Director of Affirmative Action before contacting the
Chairperson of the Rules Committee. In discrimination grievances, if contacted
first, the Rules Committee Chairperson will direct the faculty member to the
Director of Affirmative Action. The Rules Committee must decide whether the
faculty member has made a bona fide effort to resolve the problem.
If the dispute remains
unresolved, the faculty member may submit a written grievance complaint to the
Chair of the Rules Committee (or the appropriate member(s) of the
Executive Committee). The Grievance Complaint Form is available on the Faculty
Senate website, or it may be obtained by contacting the Chair of the Rules
Committee. The complaint form
requires the faculty member to describe the nature of the complaint, state the
alleged improper action, and explain the desired redress. This statement will
serve as a petition requesting the Rules Committee to proceed with the
grievance complaint. call together a Review Committee to review the
matter. Submission of a petition does not automatically entail
investigation or a detailed consideration of the complaint. problem.
The Rules Committee must decide whether the faculty member has made a
bona fide sincere effort to resolve the problem. The Rules Committee
will decide within five ten class days whether the grievance
should proceed and a Convener appointed, and notify the griever of its
decision. be processed and a Review Committee formed. A decision
not to process proceed with the grievance may be appealed to the
Faculty Senate President (or the appropriate member(s) of the Executive
Committee)
who will decide within
three five class days of receiving the appeal whether to
overrule the decision. If the petition is accepted, the Rules Committee
Chair
(or
the appropriate member(s) of the Executive Committee)
shall appoint a Convener. and a Review Committee. The
Convener will see to it that the other deliver copies of the Complaint
Form, within five class days of its receipt, to all the parties to the
grievance action, the appropriate Dean(s), and the
appropriate Vice President. receive a copy of the written
statement of the complaint within three class days of its
receipt.
NOTE: A class day is defined as those Mondays through Fridays when classes are in session.
V. Conveners
NOTE:
The Convener is not a non-voting member of the Grievance Review
Committee, The Convener 's role is that of an administrator and
serves as its chair and executive secretary.
A. Conveners will be drawn
from a panel pool of at least six faculty members. This
panel pool will be selected by the Agenda Executive
Committee of the Faculty Senate in consultation with the Chair of
the Rules Committee (or the appropriate member(s) of the Executive Committee)
and the Vice President. for Academic Affairs and Research.
Panel members will serve three year staggered terms.
Conveners will
remain in the pool for three years. Members of the Rules Committee may not
serve as Conveners.
B. The Chair
of the Rules Committee (or the appropriate member(s) of the Executive
Committee)
will assign a Convener to
each grievance case within 10 five class days after the
decision to process the grievance proceed with the complaint.
C. Responsibilities of the Convener. The Convener will:
1. Send, Deliver
within three five days of its
receipt
receiving it, a copy copies of the Complaint Form to
those grieved against, all parties to the action, to the
appropriate Dean(s), and to the appropriate Vice
President.
2. Schedule all meetings of the Grievance Review Committee.
3. Chair all meetings of the Review Committee.
4. Keep all parties informed of the proceedings.
5. Ensure that fair and proper procedures are followed.
6. File the
Committee's
final report with the appropriate Vice President's office.
7. Act as executive
secretary for all any formal appeals of the grievance.
D. The Vice President for Academic Affairs and Research and the President of the Faculty Senate will arrange annual training sessions as needed for potential Conveners.
VI. The Grievance Review Committee
A. Selection ing
the Review Committee
1. The Rules Committee
will establish and maintain a pool of 30 thirty or more faculty to
act as potential Review Committee members. Members of the pool will be selected
at random from the eligible faculty in proportion to the numbers in each rank.
None of these may be members of the Rules Committee. Persons Faculty
selected must have good cause, but may must petition the Vice
President for Academic Affairs and Research to be excused from membership
in the pool. Faculty will remain in the Review Committee pool for three
years. Members of the Rules Committee may not serve on a Review Committee.
2. The pool will be representative of the University's faculty and include members of the federally defined protected classes.
3. Within 10
fifteen class days after the Convener is appointed, a Review Committee of
five will be chosen from the pool by the Chair of the Rules Committee (or the
appropriate member(s) of the Executive Committee). In discrimination cases,
the Committee will contain representatives of protected classes.
4. Faculty may
should remove themselves from the case Review Committee in cases
of for bias and/or conflict of interest. In addition, each
party to the grievance will have a total of four two
challenges.
5. If any member of the
Review Committee is unable to continue, because of illness or for other good
and sufficient reasons, a replacement agreeable to both parties will be
named by the Chair of the Rules Committee (or the appropriate member(s) of
the Executive Committee), or the Review Committee may
proceed
continue to operate with fewer members if agreeable to both parties.
6. Members of the
Review Committee pool shall serve three year terms.
6.
7. Pool members will receive annual training in
grievance procedures. The Vice
President for Academic Affairs and Research and the President of the Faculty
Senate will arrange the training sessions as needed for the Review
Committee pool members.
B. The Review
Committee members share has the following responsibilities:
1. To attend all meetings called by the Convener.
2. To ensure that fair and proper procedures are followed.
3. To consider all pertinent and relevant evidence in the case.
4. To decide whether
the allegations have been sustained by the evidence, determine whether a
wrong has occurred, decide whether the allegations are sustained by the
evidence, and to make recommendations concerning the disposition of
the case. possible relief.
C. In discrimination cases, the Director of Affirmative Action will serve as technical advisor to the Review Committee.
VII. Preliminary Activities
A. The parties to the
dispute will submit and exchange prepared written summaries of the major issues
in the case at the meeting referred to in paragraph B. The Convener will
meet with the parties to:
1. Attempt to clarify and
where possible, simplify the issues raised by the complaint.
2. Indicate what must be proved.
3. Attempt to establish
the facts of the case. , if this is possible.
4. Provide for the
submission and exchange of written summaries of the major issues
documents, and other information between all parties.
5. Arrange the use of witnesses and advisors.
6. Direct and/or implement such other reasonable actions by the parties as will make the final steps in processing the case fair, effective, and expeditious.
7. Establish a deadline
for providing appropriate materials and information no later than 5
ten class days before the formal Review Committee hearing.
The Convener will notify either or both parties of specific materials and
information requested by the Review Committee prior to the hearing.
These activities must be
completed within 15 class days after the appointment of the Convener.
B. The Convener will call
the Review Committee into session. to its first meeting.
This initial meeting will be held no later than 10
ten
days after the appointment of the Review Committee is completed. At
this meeting the Committee Convener will :1. R review
the procedures and responsibilities of the Review Committee.
If the griever
elects to waive a hearing, the Review Committee will evaluate the evidence and
base its findings and recommendations on the information provided. If the
griever elects a hearing, the Review Committee will 2. S schedule
the first hearing meeting with all parties The first hearing
meeting will be no later than 15 fifteen class
days after the appointment of the Review Committee its initial meeting.
NOTE: All parties should make every effort to cooperate with the Convener and each other during these preliminary activities. Under unusual or extenuating circumstances the Convener may agree to reasonable extensions of deadlines. However, if there are unjustifiable delays in the proceedings, the Convener may so advise the Review Committee. At its discretion the Review Committee may determine that one or the other party is not cooperating, report this fact to the Rules Committee Chair (or the appropriate member(s) of the Executive Committee), and adjourn. If the adjournment is accepted by the Rules Committee, the Convener will declare the proceedings closed and the process at an end.
VIII. Hearing Procedures
A. The Convener shall
establish a time for the hearing, taking into account the needs of the
all involved parties.
B. The Review Committee
will judge what information it needs to decide the case and may request that
either or both parties provide such additional information
material as it deems appropriate. The Review Committee has no powers of
subpoena. Attendance at the hearing and the submission of materials are
voluntary. Normally the hearing will be closed, but the Review Committee and
both parties may decide that it should be open to the public.
C. The hearing is not a
court of law and should not be expected to follow the rules and procedures of a
court. However, the course of the hearing should exhibit every effort to ensure
a thorough, fair, open, and impartial review of the case.
D. At the Review
Committee's discretion, during the course of the hearing the grievant
griever may be invited to amplify clarify the
written
statement of the complaint; the other party may be asked to speak in
defense respond to the complaint; both parties may call witnesses;
and the Review Committee may question both parties and all witnesses.
E. The Both
parties to the grievance may invite an advisor from the Wichita State University
academic community to be present and give provide confidential
counsel.
F. No transcript of the
hearing will be kept, but each committee member may keep notes to assist in
preparing a report describing the proceedings, conclusions, and recommendations
of the Review Committee. A committee member's notes will be confidential and the
work product of the committee member. The Convener will send the report to
the parties of the dispute, the Dean, and the appropriate Vice President.
G. When the Review Committee is satisfied that all reasonably available pertinent information has been presented, the Convener shall declare the hearing closed.
H. The Review Committee shall deliberate in private in order to review the information presented and arrive at its recommendations.
I. The Review Committee
must submit a written final report of its proceedings
conclusions, and recommendations no later than 10 ten class
days after the close of the hearing. The report should restate the charges,
indicate whether a wrong occurred, present the facts supporting the committee’s
conclusions, and recommend what should be done. The Convener will send the
report to the both parties of the dispute, the appropriate
Dean(s), and the appropriate Vice President.
NOTE: The report should
(1) restate the charges, (2) present the facts, (3) indicate whether a wrong
occurred, present the facts (4) recommend what should be done.
J. The Review Committee
will make its recommendations to the Vice President, who will decide to accept,
reject, or modify those the recommendations. The existence of the
grievance procedure assumes that the faculty recommendations will generally be
accepted and that they will be rejected or modified only for
compelling reasons.
K. Either party has the
right to make a final statement in writing to be sent to the Vice
President. receiving the Committee's report. The Such a
statement must be submitted no later than five class days after receipt of the
Review Committee's recommendations.
L. The Vice President will
act on the matter within 10 ten class days after the deadline of
receipt of final statements mentioned in Sec. K above. Notice of
final action the Vice President’s decision shall be sent to the
Convener. The Convener will notify both parties, the appropriate Dean(s),
the Review Committee members, and the appropriate member(s) of the Faculty
Senate Executive Committee of the action taken by the Vice President.
M. The written material
presented by both parties to the Review Committee and the Review Committee's
final report (Sec I. above) will be kept on file by the Vice President
for Academic Affairs and Research for 3 three years. This material
will be held in confidence as personnel-related material.
IX. Appeal Procedures
A. Either party to the grievance may appeal the decision of the Vice President.
B. Within 10 ten
class days from the date of the receipt of the Vice President's decision, a
letter requesting an appeal must be sent to the President of the University,
with a copy to the Review Committee Convener, who will assure that
deliver copies to the other party, the appropriate Dean(s),
the Vice President, and Review Committee members. and the
other party to the grievance are informed.
C. The letter requesting
the appeal must state the basis for seeking the appeal. An appeal must be
based on one or more of the following reasons:
1. The decision was not substantiated by the evidence.
2. The decision was erroneous in light of applicable university standards, policies, and/or procedures.
3. The procedures as
outlined in this grievance policy and/or as modified by the Review
Committee (as allowed by the policy) were not followed.
4. Actual
Bias
on the part of the Review Committee and/or Vice President.
D. The other parties to
the dispute and the Review Committee may submit written comments to the
President of the University regarding the appeal no later than 5
five class days after receipt of the notice of the appeal.
E. The President of the
University shall review the original materials, any statements sent by the
parties to the Vice President or the President regarding the grievance, and the
Vice President's final action decision.
F. The President
of the
University shall notify the Vice President, both parties to the dispute, and
the Convener of the Review Committee of his or her final action within 10
ten class days of after the deadline for receipt of
all
materials. The Convener will notify the appropriate Dean(s), the
Review Committee members, and the appropriate member(s) of the Faculty Senate
Executive Committee of the action taken by the President.
Adopted 4/8/85, Amended 4/13/87, by the Faculty Senate,
Approved by the President 8/87.