CHAPTER 4/FACULTY BENEFITS
& RESPONSIBILITIES
Accepted by the Faculty Senate 11/22/04 (revisions to Grievance Procedure
still pending acceptance)
A / FACULTY BENEFITS - PART 2
4.05 / Resolution of Internal Disputes
4.051
/ Right of Consultation
4.052
/ Grievance Procedure
4.053 / University Policy Prohibiting Sexual
Harassment
4.06 / Traffic and Parking Regulations
4.07 / Professional Development
4.08 /
Faculty Awards
B / FACULTY RESPONSIBILITIES - PART 1
4.09/Statements on the Professional Rights and
Responsibilities of Faculty
4.091/Academic Freedom
4.092 / Rights and Responsibilities of Academic
Professionals and Collegiality
4.093 / Faculty Ethics Statement
4.094 /
Resolution on Academic Freedom and Campus Disruption
4.05/Resolution of Internal Disputes
4.051/Right
of Consultation
A faculty member may
invite a colleague to attend a discussion or meeting with her
chairperson, 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 a 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.
4.052 GRIEVANCE PROCEDURE
revised 11-23-04
4.052/Grievance Procedure
Proposed revisions to the Grievance Procedure
11-23-04
4.052/Grievance Procedure
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 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 Chairperson
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 Chairperson 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 Chairperson 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 Chairperson (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 chairperson 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 Chairperson 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 Chairperson 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 Chairperson (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
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.
4.053 UNIVERSITY POLICY PROHIBITING SEXUAL HARASSMENT
I. INTRODUCTION
It is the policy of Wichita State University to prohibit
discrimination against individuals or groups of individuals based
on race, sex, religion, national origin, age or disability in all
aspects of University life. To prevent discrimination, the
University has adopted a variety of policy statements to educate
and advise University constituencies. In addition, the University
has adopted a comprehensive Affirmative Action Plan which
outlines procedures that are aimed at eliminating discrimination.
In addition to being illegal, sexual harassment runs counter to the objectives of this University. When people, whether student, faculty, unclassified professional or classified staff feel coerced, threatened, intimidated, or otherwise pressured by others into granting sexual favors, their academic and work performance is likely to suffer. In addition, such actions violate not only the dignity of the individual, but also the integrity of the University as an institution for learning. Academic freedom flourishes when all are free to pursue ideas in a non-threatening, non-coercive atmosphere of mutual respect. Sexual harassment is thus harmful not only to persons involved, but also to the entire University community.
With the adoption of this policy on sexual harassment, Wichita State University reaffirms its commitment to maintaining an environment free of intimidation, fear, reprisal and coercion---one in which students, faculty, unclassified professionals and classified staff can develop intellectually, professionally, personally and socially.
II. RESPONSIBILITIES
All members of the University community are responsible for
promoting a positive working and learning environment where all
persons are free to discuss any problems or questions they may
have concerning sexual harassment at the University, without fear
of intimidation or retaliation. To that end, the University
administration shall widely disseminate this policy and
procedures prohibiting sexual harassment so that all members of
the University community are fully informed of their rights and
responsibilities.
A. University officials are committed to contributing to a positive learning and working environment by acting in a manner which is fair, by attempting to resolve complaints, and by educating members of the University community to eliminate prohibited activities and any acts of retaliation.B. It is the obligation of administrators and supervisors who become aware of sexual harassment in their area of responsibility to take steps to prevent its continuation. Failure to do so is a violation of this policy.
C Persons experiencing unwelcome, harmful, or offensive behavior are encouraged to communicate directly with the person whose behavior is perceived or experienced as sexually harassing. Communicating directly that such behavior is unwelcome, harmful or offensive will often result in the resolution of the complaint prior to resorting to the University’s stated informal and/or formal complaint procedures.
D This policy is not intended and will not be implemented in such a way as to censor or punish students, faculty, or staff members for exercise of their First Amendment right to express their individual ideas and viewpoints on any topic. This policy is also not intended and will not be implemented in a way that infringes on academic freedom.
E University employees are cautioned against entering romantic and/or sexual relationships with any individual where a professional power differential exists even if that relationship is a consensual one. The potential for harassment claims arising out of such relationships makes them unwise. Examples of professional power differentials include romantic and/or sexual relationships between a faculty member and a student over whom the faculty member has a supervisory role, a classified supervisor and a employee who reports to the supervisor, or an unclassified professional supervisor and a student assistant/employee who reports to the supervisor. When a charge of sexual harassment is made, in this context, it may be difficult to show immunity on the grounds that the relationship was consensual.
F Claims of sexual harassment that are frivolous, vindictive and without support or merit may constitute a form of sexual harassment.
III. DEFINITION
Sexual harassment involves behaviors which interfere with an
individual’s work or learning environment through unwelcome
sexual advances, requests for sexual favors, or other verbal or
physical conduct which unreasonably interferes with an
individual’s work performance or educational experience, or
creates an intimidating, hostile or offensive working or learning
environment. To the extent that individuals are protected from a
"hostile environment," it must be understood that the
University cannot protect its constituents from verbal conduct
which is upsetting, rude, or uncivil. A hostile environment
complaint under this policy requires that a reasonable person in
the complainant’s circumstances experiences conduct which is
severe and/or pervasive enough that the conditions of such
persons’ work or educational environment are altered.
In determining whether alleged conduct constitutes sexual harassment, it is necessary to look at the entire context and pattern of behavior. The clearest example of sexual harassment is an attempt to coerce an unwilling person into a sexual relationship by using an employment or educational relationship. However, any behavior, whether verbal or physical, constitutes sexual harassment if:
IV. PROCEDURES
The procedures for dealing with sexual harassment issues and
complaints are essentially similar for all persons at Wichita
State University. The levels or types of procedures, namely
Counsel and Advice, Informal Procedure and Formal Procedure, are
consistent across all employment categories. An intent of this
policy is to have the procedures of this policy compatible with
existing related policies such as grievance procedures.
Therefore, some differences in procedures exist among the major
employment categories of classified, faculty, and unclassified
professional. For students, existing established procedures are
also recognized and utilized in this policy. The Counsel and
Advice procedures are exactly the same for all categories. The
informal and formal procedures for classified staff, unclassified
professionals and students are presented with a combined set of
procedures. The faculty procedures, while essentially parallel,
are presented separately.
A. COUNSEL AND ADVICE
1 Regardless of an individual’s personal responsibility to deal with grievances directly and informally, this is not always practical in cases of perceived sexual harassment. The person may fear retaliation from the perceived harasser. Further, the perceived harassment may be of such a nature that engaging in such conduct violates not only reasonable standards of personal conduct, but the standards of professional conduct that the University expects and requires its professional employees to observe.2 Individuals may, therefore, seek counsel and advice from various campus offices, such as the Counseling Center, or from trusted individuals in order to clarify in their own mind the situation they find themselves in, or to explore various means available for redressing their grievance.
3 When seeking counsel and advice, persons should keep in mind that:
Managerial employees of the University, such as department chairpersons, office supervisors, deans, etc., may be required by law or University policy on the prudent exercise of supervisory responsibilities to report even informal complaints of sexual harassment that come to them. Managerial employees who are required by virtue of their position to report sexual harassment complaints to higher University authorities should so inform potential complainants and advise them where they can go for unofficial discussions if that is what the potential complainant is seeking. Persons who want to pursue unofficial discussions should visit the Counseling Center, or speak to others in the University who do not have supervisory responsibilities. Potential complainants should keep it in mind that neither the Affirmative Action Officer nor other University officers are permitted to be advocates for complainants in developing or pursuing a complaint. While these officers are obligated to enforce and implement University policy, they must seek to assure fairness to both parties and to protect the University’s interests. The University’s interest is in the fair treatment of all those involved in the process, while complying with its legal obligations as an employer. B. FACULTY PROCEDURES
1. PERSONAL RESPONSIBILITY
a. In general, people should assume responsibility for dealing with the conflicts, misunderstanding, and grievances that arise from their interactions with other people in everyday life. This applies to perceived instances of sexual harassment and to other matters. It is always appropriate to inform a perceived harasser that his/her conduct is objectionable and to seek a mutual accommodation.
b. No one shall abridge a faculty member’s right to be accompanied to a meeting or discussion by a colleague of his/her choice. Other than as provided for below, all parties are obligated to protect the confidentiality of the proceedings.
2. INFORMAL PROCEDURE FOR FACULTY
a. When any member of the University community or applicant for employment or admission believes, in good faith, that he or she may have been sexually harassed by a faculty member, they may bring a complaint to any appropriate member of the University community, including any academic or administrative officer such as a dean, supervisor, the representative of the Office of Student Affairs, or department chair. Unless the complainant chooses to withdraw the complaint at the time of initial contact, the person contacted will refer the complaint either to the department chairperson of the faculty member accused in the complaint, or to the Affirmative Action Officer, as the complainant prefers.
b. Persons wishing to make complaints should take note that timely reporting of a complaint will greatly facilitate any subsequent investigation.
c. The chairperson or Affirmative Action Officer will interview the complainant and the accused faculty member, and seek to resolve the issues between them in a manner consistent with University policies and satisfactory to both parties.
d. If a satisfactory resolution is achieved, a factual report of the complaint, the accused faculty member’s response to it, and the basis of the complaint’s resolution, will be prepared by the chairperson or Affirmative Action Officer and signed by both parties. The signature of the parties will signify that they accept the resolution of the complaint as stated in the report and that they agree to abide by its terms.
e. Each party will receive a copy of the report. In addition, the report will be placed in the personnel or student files of both parties and will remain confidential under all circumstances within the University’s control. In the absence of similar complaints in the five years following the date of the report, both copies of the report retained by the University will be destroyed.
f. The fact that, within the stated time periods, a faculty member agreed to adverse findings in a complaint of sexual harassment may be used as evidence of a pattern of misconduct in a subsequent inquiry. However, a faculty member shall not be held accountable twice for the same misconduct if he/she had abided by the terms that resolved a previous complaint. Evidence of a pattern of misconduct may be used to justify more severe sanctions or penalties in a subsequent complaint. No claims of a pattern of misconduct will be allowed that are not substantiated by written reports signed by the faculty member, or by the findings of a formal hearing, or by direct testimony.
g. In the case of a student complaint against a faculty member where the faculty member makes counter allegations against the student, and where the inquiry by the department chairperson or Affirmative Action Officer finds merit in the faculty member’s counter allegations, the allegation against the student will be referred to the Office of Student Affairs for disposition. In the case of a classified or unclassified professional employee’s complaint against a faculty member where the faculty member makes counter allegations against the employee, and where the department chairperson or Affirmative Action Officer finds merit in the faculty member’s counter allegations, the allegations against the employee will be referred to the Office of Human Resources for disposition.
h. The parties to the complaint may invite an advisor from the Wichita State University community to be present and give counsel.
3. FORMAL PROCEDURES FOR FACULTY
a. In the event that informal procedures fail to resolve a complaint, either party may request a formal hearing.
b. When a case is appealed to a formal hearing because one or both parties is unwilling to accept the findings of the informal procedure, the case will be heard by a panel convened under the procedures of the Faculty Grievance process. At the complainant’s request, or if the dean of the college so determines, the complaint will be presented and argued at the hearing by the department chairperson, the Affirmative Action Officer, or another designated administrative officer. The complainant must appear as a party to the case, and must give testimony. Failure to do this will result in dismissal of the case. Both complainant and accused may be assisted during the hearing by a member of the University community of their own choosing.
c. As provided for in the Grievance Procedure, the Findings of the hearing panel will be reviewed by the Vice President for Academic Affairs and Research and the President of the University. The Presidents’s decision will be final in all matters. Although the President has final legal authority from the Board of Regents in personnel matters, the interest of the University in faculty self-governance and the principle of peer evaluation suggest that the recommendations of internal hearing panels will generally be accepted. In cases where the recommendations of an internal panel are not accepted, the President will discuss the basis for his/her decision with the internal hearing panel as well as the direct participants in the grievance process. If additional or new information or evidence is brought to the attention of the Vice President for Academic Affairs and Research or the President of the University during their respective reviews, the internal hearing panel should be reconvened to hear said additional or new information or evidence to consider whether revisions of its original findings and recommendations are justified.
d. Neither findings of fact, assessments of responsibility, nor sanctions or penalties recommended or imposed after a formal hearing require the approval or agreement of either party involved in the complaint.
e. The final report of the hearing panel, and a record of the final decision by the President regarding the complaint will be provided to each party and placed in the personnel or students files of both parties.
f. The University will protect the confidentiality of the report under all circumstances within its control, except that it may report the filing and resolution of a complaint, and imposition of sanctions or penalties without identifying the parties or their departmental or college affiliations. In the absence of similar complaints in the next five years, both copies of the report retained by the University will be destroyed. While the full report may be destroyed, a record of the fact that sanctions or penalties were imposed and agreed to will be retained permanently in the personnel record and may be reported to potential employers.
g. All complaints of sexual harassment will be initially reviewed according to the procedures in this policy. In some cases, however, a formal hearing panel may recommend, or the administration may determine, that a faculty member found guilty of sexual harassment should be dismissed for cause due to the nature of his/her offense. In that case, the Vice President for Academic Affairs and Research will refer the case to the Dismissal for Cause procedure. The issue in those proceedings shall be whether the offense of which the faculty member has been found guilty warrants dismissal, or whether a lesser sanction is appropriate. The dismissal proceedings may consider alleged mitigating circumstances, but shall not retry the question of guilt. If the dismissal case is rejected, the original hearing panel in the harassment case will, if necessary, recommend a lesser sanction, and the disposition of the case will proceed as provided for in this policy.
C. PROCEDURES FOR CLASSIFIED AND UNCLASSIFIED PROFESSIONALS
1. INFORMAL PROCEDURES
a. Any member of the University community or applicant for employment or admission who, in good faith, believes that he or she may be experiencing sexual harassment may bring such a complaint to any appropriate member of the University community, including any academic or administrative office of the University. For example, any dean, director, supervisor, department chair, or advisor may serve as the initial contact for an informal complaint. Successful resolution efforts will be greatly facilitated by the timely reporting of complaints. The more time that elapses, the more difficult it will be to ascertain the truth of the matter and pick appropriate remedial action.b. Upon receipt of a possible sexual harassment complaint, the University officer, administrator or other person shall promptly notify the Affirmative Action Officer of the existence of the complaint. The Affirmative Action Officer shall maintain a record of the informal complaint as well as the result of the informal procedures.
c. The responsible University official to whom the complaint was brought or the Affirmative Action Officer shall function as a mediator to attempt to resolve informally the complaint of sexual harassment. To this end, the mediator’s responsibilities are:
• Listen to the complaint, and assist the complainant in clarifying his/her experiences and feelings.• Advise complainant on his/her options, both informal and formal.
• At the request of complainant, talk to the person against whom the complaint is brought in an attempt to work out a satisfactory solution and convey to the complainant the results of that discussion.
• If the complainant is pleased with the outcome of the mediation process, the matter ends there.
2. FORMAL PROCEDURE FOR CLASSIFIED AND UNCLASSIFIED PROFESSIONALS AND STUDENTS
Procedures for resolution of formal complaints should be thorough yet expeditious. Should a formal review be deemed necessary, both the complainant and the person against whom the complaint is brought (the respondent) will be informed of the content of the complaint and will have a full opportunity to be heard. All parties will be able to obtain information about the progress of the review. The time period required for the review may vary from case to case, but all parties will be informed if an extended delay is anticipated. Normally the review period will be completed within sixty days. The Affirmative Action Office representative and the responsible administrator must remain impartial during the administrative process and work in concert to ensure that all involved be treated fairly.A. PROCEDURES:
1. Report the complaint to the University administrator responsible for the department or other unit in which the harassment is believed to have occurred (henceforth referred to as the responsible administrator), unless that person is already personally involved or is already aware of the behavior that is the subject of the complaint. In some cases there may be more than one responsible administrator. For students with complaints of harassment by other students, the designated administrators in the Division of Student Affairs are identified as the responsible administrator. The complaint may also be initiated directly with the University Affirmative Action Officer.
2. Complaints filed later than 180 days from the most recent occurrence normally will not be considered due to the fact that with the passage of time it becomes more difficult to investigate a complaint. However, a complainant who files after 180 days will have the opportunity to argue that special circumstances exist and request that the complaint be submitted for investigation, or mediation or administrative action in light of special circumstances.
3. If a complaint is made to the responsible administrator, that individual will confer with the appropriate Affirmative Action Office representative concerning the resolution of the complaint. Likewise, should the complaint be made to an Affirmative Action Officer, the Officer will confer with the responsible administrator. If the substance of the complaint warrants further review, both administrators, acting together, will review the complaint. If a complaint is made to the Division of Student Affairs, a staff member will contact the Affirmative Action Officer.
4. The Affirmative Action Officer and the responsible administrator will conduct an interview with the complainant to acquire a thorough understanding of the complaint. A written statement of the complaint will be developed by the complainant. The responsible administrator and the Affirmative Action Officer will offer assistance to the complainant in the development of this written statement.
5. The Affirmative Action Officer and the responsible administrator, after consultation as necessary, will determine whether the complaint, as reported, alleges sexual harassment in violation of Wichita State University Policy Prohibiting Sexual Harassment. The conclusion(s) reached will be communicated to the complainant. The responsible administrator will communicate the conclusion(s) to the respondent of the complaint.
6. If it is concluded that further inquiry is warranted, a meeting will be scheduled with the Affirmative Action Officer, the responsible administrator, the respondent, and a fourth person if the respondent chooses to bring one person for personal support. At that meeting the respondent will receive both a verbal explanation and the written statement of the complaint. The respondent will have access to relevant information pertaining to the complaint and will be given the opportunity to respond, but is under no obligation to respond immediately. The respondent also will be cautioned against retaliation and to maintain confidentiality. Future meetings may be scheduled to allow the respondent the opportunity to reflect and respond to the complaint.
7. If the respondent chooses to make a written response to the complaint, the responsible administrator and the Affirmative Action Officer will offer assistance to the respondent, if needed, in the development of the written response.
8. With or without a response from the respondent, the Affirmative Action Officer and the responsible administrator may interview other persons who have specific knowledge about the alleged incidents(s). Persons interviewed will be informed 1) that the fact that an investigation is underway should not lead to any assumed conclusion and 2) to maintain confidentiality.9. A determination will be made, after completion of all interviews, as to whether a violation of the Policy Prohibiting Sexual Harassment has occurred.
10. If it determined that sexual harassment has not occurred, both the complainant and the respondent will receive letters stating the steps that have been taken in the review process and the determination from the administrators involved in the review.
11. If it is determined that harassment has occurred, the following measures will be taken.
- Both the complainant and the respondent will receive letters from the administrators involved in the review outlining the steps taken in the review process, the determination made and the sanctions to be imposed.
- Sanctions will be devised in accord with the seriousness of the behavior. Sanctions may range from admonishment to, in extreme cases, a recommendation for dismissal.
- Steps will be taken to prevent further acts of harassment.
- Steps will be taken to prevent acts of retaliation for bringing the complaint.
- If a remedy exists and is within the ability of the University community to provide, then a recommendation to that effect may be made.
V. CONFIDENTIALITY
It is the obligation of administrators and supervisors to
whom a complaint of sexual harassment is brought to maintain
confidentiality. This will not preclude investigation, allowing
respondents to reply to a complaint or provision of a remedy to
persons injured by acts of harassment where that is practical.
VI. APPEAL BEYOND THE ADMINISTRATIVE PROCEDURES
A. Complainants who believe that a satisfactory resolution of their complaint of sexual harassment has not been reached by the administrative process described above may take their complaint, within 90 days, to the appropriate Grievance Review Committee. Unresolved complaints of sexual harassment by students against other students may also be heard by the appropriate student judicial council.
B. Any employee of Wichita State University aggrieved by sanctions imposed in relation to an alleged act of sexual harassment may appeal through the appropriate grievance procedure.
VII. TRAINING
The Affirmative Action Officer of Wichita State University is
responsible for providing training to all University employees
concerning sexual harassment issues and procedures. The training
program should be designed to: 1) sensitize employees to the
rights and responsibilities of all concerned parties; 2) provide
supervisors and administrators with current information on
applicable laws, rules, regulations and procedures; and 3)
demonstrate appropriate techniques for the careful investigation
and mediation of sexual harassment allegations.
VIII. DISSEMINATION
The University administration shall make every reasonable
effort to inform all members of the University community
regarding the proper procedures and persons available for the
handling of sexual harassment complaints. In particular, this
information should be communicated to all new students and
employees as an integral part of their orientation experience
Adopted by the Faculty Senate8/26/98 --- Signed by the President 10/96
4.06/Traffic and Parking Regulations
Traffic and parking on
campus are governed by regulations established by the University
Traffic Committee and published in a brochure entitled Wichita
State University Traffic Regulations. The brochure is issued at
the time of vehicle registration. It is the responsibility of the
faculty member to be familiar with these regulations.
Vehicle registration may be
accomplished and parking permits obtained at Campus Security.
Faculty members are responsible
for payment of the applicable fines for violations of traffic and
parking regulations.
4.07/Professional
Development
Professional development
and continuing professional education are essential elements in
an institution's quest for academic quality. At Wichita State
University, the primary responsibility for professional
development rests with the individual. Increasing effectiveness
in teaching, research, and service is expected of each member of
the faculty.
In an era of limited resources, however, the institution is developing a variety of opportunities for faculty to obtain the resources needed for professional growth. Within the limits of its capabilities, the University provides some funds for travel to professional meetings. Each fall and spring, the University research committee awards small grants to faculty who need some support to initiate or complete a research project.
Various offices throughout the institution offer programs directed at the improvement of instruction such as the University College advising offices and the Testing Center within the Counseling Center. The Counseling Center staff is available to faculty and staff who wish to discuss personal and professional issues. Each year, a number of seminars and dialogue groups are provided in which professional and instructional issues are discussed. The Vice President for Academic Affairs and Research' office can also arrange part-time administrative internships for faculty seeking new perspectives on the institution.
Finally, faculty are advised to take advantage of the many seminars, workshops, and presentations provided often on an informal and ad hoc basis by a number of academic units and interest groups.
4.08/Faculty
Awards
Wichita State University
through the WSU Board of Trustees has three university-wide
awards. The first is for excellence in teaching, the second is
for the advancement in teaching, and the third is awarded to a
scholar new to WSU. The recipients of the awards are announced at
commencement.
4.09/Statements on the Professional Rights & Responsibilities of Faculty
4.091/Faculty Right to Academic Freedom
The University's position on
academic freedom includes the following:
The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of the teacher's academic duties.The faculty member is entitled to freedom in the classroom in discussing the subject, but the faculty member should be careful not to introduce controversial matter which has no relation to the subject.
The faculty member is a citizen, a member of a learned profession, and an officer of an educational institution. When the faculty member speaks or writes as a citizen, the faculty member should be free from institutional censorship or discipline, but the faculty member's special position in the community imposes special obligations. As a person of learning and an educational officer, the faculty member should remember that the public may judge the profession and the institution by the faculty member's utterances. Hence, the faculty member should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that the faculty member is not an institutional spokesperson.
4.092/Rights & Responsibilities of Academic
Professionals and Collegiality
Faculty members are at one and
the same time employees of the University, members of learned professions, and
members of the Faculty of the Wichita State University. Each of these roles
carries with it various rights, responsibilities, and privileges. Together,
these rights, responsibilities, and privileges define the profession of the
university professor as teacher, scholar, and public servant.
As employees of the University, faculty members are subject to policies adopted by the University; policies, procedures, and regulations adopted by the Kansas Board of Regents; and various laws and regulations established by the State of Kansas governing the conduct of its employees.
As members of learned professions, faculty members share with colleagues throughout the nation and the world, including members of the university administration, responsibility for the discovery, dissemination, and preservation of knowledge in their chosen fields. They also enjoy the rights and privileges necessary to the work of scholars and teachers, many of which have been explicitly recognized and sanctioned by the Kansas Board of Regents in its enactments. These include academic freedom, as defined in the American Association of University Professors 1940 Statement of Principles, and its various interpretative statements.
As members of the Faculty of the Wichita State University, faculty members have specific rights and responsibilities with respect to the academic rules, regulations, and programs of the University, University governance, and Faculty governance. These rights and responsibilities are outlined and summarized in this Handbook. These specific provisions reflect standards and expectations recognized by the academic professions throughout the United States.
The principles that govern the resolution of disputes at the Wichita State University are those of collegiality and consultation. Preferably, the consultation is among the parties directly involved in the dispute, and results in a decision which all parties accept. When this fails, for whatever reason, the parties involved may wish to bring in other members of the university community, either informally, by invitation, or formally, by invoking specific rights of appeal provided for in this Handbook.
Collegial relationships among faculty members, and between faculty members and administrative officers of the University, are based on a mutual recognition of, and respect for, the various roles that faculty members and administrators play, and the rights, responsibilities and privileges involved in these roles. For example, faculty members should respect the lawful authority of administrative officers of the University, who exercise supervisory responsibility for the University, on behalf of the Kansas Board of Regents and the State of Kansas. At the same time, administrative officers should respect the scholarly, creative, and professional rights of faculty members, based on their status as members of the learned professions.
When disputes arise over the proper interpretation of faculty rights, responsibilities, and privileges, the expectation is that these disputes will be resolved after consultation between the parties involved, and generally within the framework of established lines of authority. Normally, disputes are resolved in consultation with the chair of the department; failing that, in consultation with the dean of the college; failing that, in consultation with the Vice President for Academic Affairs and Research; and failing that, in consultation with the President of the University. Extraordinary circumstances will dictate appropriate modifications consistent with these expectations.
When disputes cannot be resolved through such informal consultation, this Handbook provides other means of resolving various disputes. These include (but are not limited to): appeal of tenure and promotion recommendations to college or university level committees, or to the President; appeals of curricular and academic policy questions to the faculty of a college, or to the University Faculty; placing an issue before the Faculty Senate; employing the Faculty Grievance Procedure. In each of these cases, the matter in dispute is placed before colleagues and peers for their consideration, judgment, and recommendation. There are few, if any, matters for which the University does not provide some formal means of appeal for review or reconsideration of a decision affecting a faculty member.
4.093/Faculty Ethics Statement
The Faculty Senate adopted the
following statement on faculty ethics on November 8, 1982:
I. Faculty members, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end they devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although they may follow subsidiary interests, these interests must never seriously hamper or compromise a faculty member's freedom of inquiry.
II. As teachers, faculty members encourage the free pursuit of learning in their students. They hold before the student the best scholarly standards of their discipline. They demonstrate respect for the student as an individual and adhere to their proper roles as intellectual guides and counselors. They make every reasonable effort to foster honest academic conduct and to assure that they evaluate students according to their true merits. They respect the confidential nature of the relationship between teacher and student. They avoid any exploitation of students for private advantage and acknowledge significant assistance from them. They protect the student's academic freedom.
III. As colleagues, faculty members have obligations that derive from common membership in the community of scholars. They respect and defend the free inquiry of their associates. In the exchange of criticism and ideas they show due respect for the opinions of others. They acknowledge their academic debts and strive to be objective in their professional judgment of colleagues. They accept their share of faculty responsibilities for the governance of their institution.
IV. As members of their institution, faculty members seek above all to be effective teachers and scholars. Although they observe the stated regulations of the institution, provided these do not contravene academic freedom, they maintain their rights to criticize and seek revision of them. Faculty members determine the amount and character of the work they do outside their institution with due regard to their paramount responsibilities within it. When considering interruption or termination of their service, they recognize the effect of their decision upon the program of the institution and give due notice of their intention.
V. As members of their community, faculty members have the rights and obligations of any citizen. They measure the urgency of these obligations in the light of their responsibilities to their subject, their students, their profession, and their institution. When faculty members speak or act as private persons, they avoid creating the impression that they speak or act for their college or university. As citizens engaged in a profession that depends upon freedom for its health and integrity, faculty members have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.
4.094/Resolution on Academic Freedom and Campus
Disruption
The following resolution on
academic freedom and campus disruption was adopted by the Board of Regents on
June 19, 1970:
WHEREAS, the Members of the State Board of Regents recognize that academic freedom is a necessary adjunct of higher education in the State of Kansas, and,
WHEREAS, academic freedom includes not only the right of dissent, but also the freedom to pursue academic aims by all segments of our colleges and universities, and,
WHEREAS, small numbers of the student bodies and/or employees of Kansas state colleges and universities are pursuing activities deliberately designed to, and which do, disrupt regularly scheduled activities of said institutions, and,
WHEREAS, disciplinary boards organized to provide student and faculty review of disruptive actions are, at times, harassed and delayed in conducting said reviews, and,
WHEREAS, the interest of citizens and taxpayers of the State and of the majority of students and faculty is detrimentally affected.
NOW, THEREFORE, BE IT RESOLVED, by the State Board of Regents that the chief administrative officer of each of the state universities and colleges be hereby directed to immediately suspend any employee, faculty member or student of said institution where said student, faculty member or employee is engaging in activities deliberately designed to, and which do, disrupt the normal and ordinary process of education and training offered by said institutions, said suspension to remain in effect pending such procedural steps as may be required under the rules and regulations of the state institutions and the laws of the State of Kansas. The heads of the state institutions shall take such action as is necessary to stop such activities.
BE IT FURTHER RESOLVED, that this action not be considered as limiting any authority of said chief administrative officers in the performance of their duties.
Wichita State University
Faculty Senate
1845 Fairmont
Box 111
Wichita, Kansas 67260-0111
(316) 978-3504
Email: bobbi.dreiling@wichita.edu
Wichita State University
Faculty Senate
1845 Fairmont
Box 111
Wichita, Kansas 67260-0111
(316) 978-3504
Email: bobbi.dreiling@wichita.edu