DIXIE STATE COLLEGE OF UTAH

POLICIES AND PROCEDURES MANUAL


Section: 3-Faculty

Policy No: 31

Approved: 10/27/95

Policy: FACULTY GRIEVANCE PROCEDURE

3-31 FACULTY GRIEVANCE PROCEDURE

31.1 This grievance procedure is established to ensure fair treatment for faculty members who seek to resolve work-related grievances.

31.1.1 Part-time, temporary or probationary faculty do not have the grievance process available to them regarding lawful termination.

31.1.2 An employee will not be subjected to intimidation or reprisal for assertion of an employment grievance.

31.2 If any of the steps are impractical for any reason for a specific case, the Human Resource Director can, in consultation with the administration and Faculty Senate president, prescribe an alternate grievance process which assures to the faculty member appropriate due process in consideration of the grievance. The faculty member's right to a hearing before a Grievance Committee can not be denied.

31.3 Time limits provided for conducting the grievance procedure are guidelines and may be extended by mutual agreement between the Human Resource Office and the Faculty Senate President. Time limits refer to normal work days.

31.4 Problems or complaints involving a claim of discrimination or harassment on the basis of race, color, national origin, religion, sex, age, disability, or veteran's status are processed through the provisions of the Discrimination/Harassment Policy.

31.5 Appeals or grievances regarding salaries do not follow this grievance process.

31.6 Appeals or grievances regarding termination begin with Step 2 of the Formal Procedures of the Grievance Committee Procedures.

31.7 Informal Procedures

31.7.1 Faculty members should first attempt to resolve their employment grievances through informal discussions with their department chair.

31.7.1.1 Employees will not be subjected to intimidation or reprisal for assertions of the employment grievance.

31.7.1.2 The faculty member will make the grievance known, in writing or orally, to his/her supervisor, within 10 days of the time the grievance arises or from the date the employee should have known of the occurrence.

31.7.1.3 The department chair will respond within 5 days, of receipt of the grievance by setting up a meeting to discuss the matter or by responding, in writing, to the aggrieved faculty member.

31.7.1.4 The faculty member may be accompanied by a friend, fellow employee or a relative during the informal discussions, however, the faculty member will act as his/her own spokesperson.

31.7.1.5 If the formal member chooses to be accompanied in the informal process by an employee organization representative, legal counsel or other similar professional, the institution may elect to follow the formal grievance procedures.

31.8 Formal Procedures

31.8.1 Step 1. If a mutually satisfactory agreement cannot be reached between the department chair and the aggrieved faculty member, then the faculty member has ten days to file, in writing, the grievance, including suggested remedy, to the division dean.

31.8.1.1 The dean will render a decision, in writing, or conduct a meeting, within 5 days of receiving the written grievance .

31.8.1.1.1 If the dean holds a meeting, both the faculty member and the department chair should be present, offering their perspectives.

31.8.1.1.2 Both parties should be able to bring witnesses on their behalf to the meeting, if so desired.

31.8.2 Step 2. The Grievance Committee Procedure: If the division dean's decision, resulting from step 1, is not satisfactory to the aggrieved faculty member, s/he has five working days to submit a formal grievance, in writing, using Grievance Form HR-20, to the Human Resource Director.

31.8.2.1 If the grievance relates to termination, an employee has five working days, after receipt of notice from the Hearing Board, to contact the Director of Human Resources and begin the grievance process.

31.8.2.2 The Human Resource Director will, within 5 days of receipt of the grievance papers, form a Grievance Committee.

31.8.2.2.1 The Committee will be made up of a chair and an administration representative chosen by the Director of Human Resources, an employee chosen by the person requesting the hearing and two Faculty Senate representatives.

31.8.2.2.2 Three members will constitute a quorum.

31.8.2.3 The Committee Chair will schedule a hearing within 10 days of receiving the grievance.

31.8.2.4 The parties to the grievance will have the opportunity to present to the Committee their positions and supporting evidence, in person if they so desire.

31.8.2.4.1 The aggrieved faculty member may be accompanied by any person of his/her choice. However, the aggrieved faculty member will act as his/her own spokesperson.

31.8.2.5 The Committee will select a member to keep a written record of hearings and findings.

31.8.2.6 The Committee will gather the necessary evidence, consider the findings and relevant policies, and, within 20 days following the hearing, will in writing, present it's findings and recommendations to the President, whose decision will be final.

31.8.3 Step 3: After a review of the evidence, the findings and the recommendations of the Committee, the President will, within 10 days, inform all parties, in writing, of the final decision.

31.8.3.1 As the grievance moves through the process, the grievant may not add new issues, claims or grievances to the original.

31.8.3.2 An employee may not institute more than one grievance procedure based on the same facts, claims, circumstances or events.

31.8.3.3 All findings, hearing records and decisions will be placed in a grievance file in the Human Resource Office.

31.8.3.4 A copy of the initial grievance and the final decision will be placed in the aggrieved faculty member's personnel file.