A faculty member who feels that the University, acting through any representative, has breached an obligation owed to that faculty member may file a grievance with the Senate Committee on Professional Ethics and Academic Freedom. The University's obligations to its faculty, without being limited hereby, include adherence to: a) the University's appointment and tenure regulations; b) the other express and implied terms of the faculty member's contract, including relevant portions of the Faculty Manual; c) commonly accepted norms of professional responsibility and academic freedom; d) stated or commonly understood standards of fair and reasonable procedure; and e) legal obligations with respect to nondiscriminatory treatment on the basis of race, sex, or other prohibited factors. The nonrenewal of non-tenured appointments shall not give rise to a grievance unless the nonrenewal involves (a) issues of professional ethics and academic freedom, (b) allegations of a failure by the University or those acting for it to follow stated or reasonable procedures, or (c) complaints of a civil rights nature, including complaints of race or sex discrimination. A tenured faculty member may not be finally dismissed for cause prior to the disposition of any grievance arising from the dismissal.

Procedures for Referral to Senate Committee on Professional Ethics and Academic Freedom

Potential grievants are encouraged to consult informally with the Chair of the Senate Committee on Professional Ethics and Academic Freedom concerning common understandings about the University's obligations, standards of review applied by the Committee in prior grievance cases, and possible alternative approaches to the resolution of the dispute. Some disputes may be resolved satisfactorily at this stage by informal mediation. If a faculty member chooses to file a formal grievance, the grievance must be transmitted in writing to the Chair of the Senate Committee on Professional Ethics and Academic Freedom within sixty days after the grievant becomes aware of the action forming the basis of the grievance. At the time a grievance is filed, the grievant must transmit a copy of the grievance and all supporting documents to the University representative whose actions form the basis of the complaint. Copies of any supplemental statements later filed by the grievant to further explain the complaint also must be transmitted by the grievant, at the time of filing, to the University representative whose actions form the basis of the complaint. On receipt of a grievance, the Senate Committee on Professional Ethics and Academic Freedom will convene to determine whether the grievance presents a good faith, non-spurious claim of breach of obligation by the University. In reaching its determination, the Committee may rely on the written request of the faculty member and the supporting documents, or may decide to hold a preliminary hearing to explore the matter further. The Committee, at this stage, will consider the statements or allegations of the faculty member in their most favorable light in order to determine whether the statements or allegations, if proven in a hearing, would establish a breach by the University of an obligation owed to the grievant. The faculty member presenting a grievance shall have a written reply by the Committee within a reasonably prompt time, in which the plan of action of the Committee shall be outlined. The Committee shall review the case to assure that the University's actions were procedurally and substantively sound. The University representative whose actions form the basis of the complaint will be asked to respond to the grievance in writing, briefly explaining his or her position on each major element of the complaint. In addition, the University representative will be asked to supply in a timely manner any supporting documents not previously filed by the grievant. Each party to the grievance will be asked to indicate whether he or she wishes to appear before the Committee to add to or explain the written record in the case. If such an appearance is requested, it will be scheduled at an appropriate point in the Committee's inquiry. In addition, the Committee may on its own initiative request that either party appear to answer questions and may request the presence of witnesses. Attorneys may not appear with or on behalf of the grievant, witnesses, or the University in proceedings before the Senate Committee on Professional Ethics and Academic Freedom. It is assumed that either party may rely on legal counsel in the preparation of any documents or the collection of any evidence to be presented to the Committee. If a grievant feels that any member of the Committee on Professional Ethics and Academic Freedom will not view the grievance with sufficient impartiality, the grievant may file with the Committee a written request that said member recuse himself or herself from the hearing and disposition of that grievance. In the event that a member of the Committee feels that his or her objectivity and impartiality with respect to a particular grievance is subject to question, that member shall recuse himself or herself from the hearing and disposition of that grievance. If two or more members of the Committee recuse themselves with respect to a particular grievance, the Chair of the Faculty Senate shall appoint ad hoc members in their places with respect to that grievance.

Final Report of Committee to Be Submitted to the Chancellor

The Senate Committee on Professional Ethics and Academic Freedom shall submit a final report of its decision to the Chancellor. The report shall be in writing, and shall include findings of fact, conclusions, and recommendations. A copy of this report shall be made available to the grievant and to the University representative whose actions formed the basis of the complaint. If the Chancellor elects not to concur in the report, the Chancellor and the Senate Committee on Professional Ethics and Academic Freedom shall meet in an effort to reach agreement. In any case concerning the dismissal of a faculty member for cause or raising significant issues of conscience or academic freedom in which the Chancellor does not follow the decision or the recommendation of the Senate Committee on Professional Ethics and Academic Freedom, the Chancellor shall submit a full written report to the next meeting of the Executive Committee of the Board of Trust specifying the reasons for the action. In any other case in which the Chancellor disagrees with the recommendation of the Committee, the Chancellor will ask the General Counsel to review the file and submit a written report to the next meeting of the Executive Committee of the Board of Trust stating the fact of that disagreement and the issue, or issues, on which the Chancellor disagreed. Copies of the Chancellor's report (or the General Counsel's report) shall also be transmitted to the Chair of the Faculty Senate and to the Chair of the Senate Committee on Professional Ethics and Academic Freedom, as well as to the grievant.

Confidentiality and Other Matters

Except as disclosures are reasonably necessary in the investigation, hearing, and final disposition of a grievance, the grievant, members of hearing bodies, and others having knowledge of a grievance are expected to preserve the confidentiality of the grievance, provided that any individuals accused in a grievance of misconduct shall be informed of the grievance and given the opportunity to respond to the charges. The fact that a grievance is pending may not be used as grounds for delaying consideration of promotion or tenure beyond the time that such consideration is required by University rules. A grievance may be withdrawn by the faculty member at any time prior to a decision of the Senate Committee on Professional Ethics and Academic Freedom. The withdrawal of a grievance shall not preclude the dean or the Chancellor from investigating the charges contained in the grievance or related matters. It is understood that there are legal requirements relating to the time limitations when one may file a charge of discrimination with federal or state human rights agencies. Should this deadline arrive prior to the completion of the grievance process, and should the grievant elect to file a charge with a governmental agency, this will not prejudice the grievance process.

(See also Disciplinary Actions, Chapter 1, Section G, Faculty Manual.)

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