Right of Consultation:

A faculty member may invite a colleague to attend a discussion or meeting with his or her chair, dean, or other supervisory administrator at which the faculty member's professional activity or performance will be discussed, and should notify the administrator accordingly.

The invited colleague may act as an advisor or witness, and may participate in the discussion if invited to do so by any of the others present.  He or she may take notes, if all parties agree.

The invited colleague is not a representative of the faculty member whom they accompany and is not to serve as legal counsel.  His or her role is that of colleague and advisor, with a responsibility to assist in the consultations to produce a satisfactory resolution of the dispute.  Responsibility for any decisions or actions taken remains with the parties to the dispute.  Any other administrative officer invited to such a meeting or discussion has the same limited responsibilities as an invited faculty colleague, unless he/she has regular, pre-existing administrative responsibilities for the issues being discussed.

When a faculty member invites a colleague to attend such a meeting or discussion, he or she assumes responsibility for any loss of confidentiality that results from that colleague's actions.  The presence of an invited colleague does not imply that a written record of the meeting must be kept; it does not preclude any participant from submitting a summary memorandum to others who were present for their authentication.

Grievance Procedures Summary:
 

In order to attempt to resolve internal disputes within the campus community, Wichita State University has established a grievance procedure for faculty members.  This procedure, when implemented, provides faculty with an opportunity to have a grievance complaint considered by a Grievance Review Committee made up of faculty members.  The Review Committee then makes recommendations to the Provost and Vice President for Academic Affairs and Research
 

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 chair or immediate supervisor, and if appropriate, the dean.

2.  If the dispute is not settled, the faculty member must contact the Chair of the Rules Committee.  If a grievance involves discrimination, the faculty member should notify the Director of Equal Employment Opportunity before contacting the Chairof the Rules Committee.  In discrimination grievances, if contacted first, the Rules Committee Chair will direct the faculty member to the Director of Equal Employment Opportunity.

3.  The faculty member must file a formal complaint with the Chair 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.  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 other than the department unit.

WSU and faculty assume that it is possible and desirable to resolve disputes through internal processes.  It is also assumed 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:

• Tenure and Promotion
• Retrenchment
• Hiring Decisions
• Traffic Fines
• Library Fines
• Dismissal for Cause
• Sexual Harassment
• Complaints of Unlawful Discrimination
   

The complaint form must 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 between May 18 and August 18.  Grievances filed during that period will be processed after August 18.

II.  Suspension of Faculty Member During the Proceedings

A faculty member may be suspended during a grievance if, in the judgment of the President, 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

Any faculty member who has a grievance must make a bona fide effort to resolve the matter through University channels at the most immediate level.  In most instances this should involve the chair, and if appropriate, the dean.  If discrimination is alleged, the faculty member may initially seek resolution by contacting the Director of Equal Employment Opportunity rather than the chair or dean.  If the complaint is directed against a faculty member, office, or entity outside the department, the grievant must also make a genuine effort to resolve the matter.

IV.  Formal Request for Review - Statement of the Problem

A faculty member who is unable to settle the dispute must obtain a complaint form from the Chair of the Rules Committee.  In discrimination cases, the faculty member should consult with the Director of Equal Employment Opportunity before contacting the Chair of the Rules Committee.  In discrimination grievances, if contacted first, the Rules Committee Chair will direct the faculty member to the Director of Equal Employment Opportunity.  The Rules Committee must decide whether the faculty member has made a bona fide effort to resolve the problem.  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 call together a Review Committee to review the matter.  Submission of a petition does not automatically entail investigation or a detailed consideration of the problem.  The Rules Committee will decide within five class days whether the grievance should be processed and a Review Committee formed.  A decision not to process the grievance may be appealed to the Faculty Senate President who will decide within three class days of receiving the appeal whether to overrule the decision.  If the petition is accepted, the Rules Committee Chair shall appoint a Convener and a Review Committee.  The Convener will see to it that the other parties to the action, the dean, and the appropriate vice president receive a copy of the written statement of the complaint within three class days of its receipt.

V.  Conveners

NOTE: The Convener is not a voting member of the Grievance Review Committee.  The Convener's role is that of an administrator and executive secretary.

A.  Conveners will be drawn from a panel of six faculty members.  This panel will be selected by the Rules Committee of the Senate in consultation with the Chair of the Rules Committee and the Provost and Vice President for Academic Affairs and Research.  Panel members will serve three year staggered terms.

B.  The Chair of the Rules Committee will assign a Convener to each grievance within ten class days after the decision to process the grievance.

C.  Responsibilities of the Convener.  The Convener will:

1. Send, within three days of receiving it, a copy of the complaint to all parties to the action, to the dean, and to the appropriate vice president.
2. Schedule all meetings of the Review Committee.
3. Chair all meetings of the Review Committee.
4. Keep all parties informed.
5. Ensure that fair and proper procedures are followed.
6. File the final report with the appropriate vice president's office.
7. Act as secretary for all appeals of the grievance.

VI.  The Review Committee

A.  Selecting the Review Committee

1. The Rules Committee will establish and maintain a pool of 30 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 selected must petition the Provost and Vice President for Academic Affairs and Research to be excused from membership in the pool.
2. The pool will be representative of the University's faculty and include members of the federally defined protected classes.
3. Within ten 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.  In discrimination cases, the committee will contain representatives of protected classes.
4. Faculty may remove themselves from the case for bias or conflict of interest.  In addition, each party to the grievance will have a total of four 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 committee may continue to operate with fewer members if agreeable to both parties.
6. Members of the Review Committee pool shall serve three-year terms.
7. Pool members will receive annual training in grievance procedures.  The Provost and Vice President for Academic Affairs and Research and the President of the Faculty Senate will arrange the training sessions.

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, and to make recommendations concerning possible relief.
5. In discrimination cases, the Director of Equal Employment Opportunity will serve as technical advisor to the Review Committee.

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. Clarify and, where possible, simplify the issues.
2. Indicate what must be proved.
3. Establish the facts, if this is possible.
4. Provide for the exchange of documents and other information.
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 no later than five class days before the formal hearing.  The Convener will notify either or both parties of specific material/information requested by the Review Committee.

These activities must be completed within 15 class days after the appointment of the Convener.

1. Review the procedures and responsibilities of the Review Committee.
2. Schedule its first hearing meeting.  The first hearing meeting will be no later than 15 class days after the appointment of the Review Committee.

VIII.  Hearing Procedures

A.  The Convener shall establish a time for the hearing, taking into account the needs of the 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 as it deems appropriate.  The Review Committee has no power 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.

D.  At the Review Committee's discretion, during the course of the hearing the grievant may be invited to amplify the statement of complaint; the other party may be asked to speak in defense; both parties may call witnesses; the Review Committee may question both parties and all witnesses.

E.  The parties to the grievance may invite an advisor from the Wichita State University community to be present and give 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.

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 report of proceedings, conclusions, and recommendations no later than ten class days after the close of the hearing.  The Convener will send the report to the parties of the dispute, the dean, and the appropriate vice president.  NOTE: The report should (1) restate the charges, (2) present the facts, (3) indicate whether a wrong occurred, (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 recommendations.  The existence of the grievance procedure assumes that the faculty recommendations will generally be accepted and 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 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 ten class days after the deadline of receipt of final statements mentioned in K.  Notice of final action shall be sent to the Convener.  The Convener will notify both parties, the dean, and the Review 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 Provost and Vice President for Academic Affairs and Research for 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 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, with a copy to the Review Committee Convener, who will assure that the dean, the vice president, 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 policy and/or as modified by the Review Committee (as allowed by the policy) were not followed, or
4. Actual bias on the part of the Review Committee and/or vice president.

E.  The President 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.

F.  The President shall notify the vice president, both parties to the dispute, and the Convener of the Review Committee of his or her final action within ten class days of receipt of material.
 

Revision Date:
March 15, 2006