Morehouse College Faculty Grievance Procedure. I. Morehouse Faculty Grievance Committee. a) Purpose

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1 Morehouse College Faculty Grievance Procedure I. Morehouse Faculty Grievance Committee a) Purpose To carry out the review and the resolution of faculty grievances through fair informal and formal proceedings, the Faculty Grievance Committee ( FGC ) will conduct internal proceedings to adjudicate grievances at hand. The FGC does not address issues of (a) tenure, promotion, and reappointment; (b) protected classes (such as race, gender, disability etc ); or (c) other areas addressed in College policies and procedures. Morehouse College values and endorses the internal procedures for addressing grievances properly without fear of reprisal or prejudice towards the grievant. The college agrees that it will make every effort to encourage and facilitate the prompt resolution of grievances by way of an informal or formal process through the ranks of the academic management, the Office of Human Resources, or the FGC. b) Definition of grievance A written or verbal allegation lodged by a faculty member against another faculty member or administrator of the College alleging a violation of College, department, or unit policy or established practice and in which a claimed breach of policy prevented or unreasonably hindered a grievant from exercising his or her profession at the college. c) Purview of the Faculty Grievance Committee The Committee shall be concerned with the following types of grievances: Disputes between faculty members or faculty and academic supervisors, for example deans and the provost, Allegations of harassment other than protected by class, Allegations of breach of decorum, Allegations of failing to perform duties or of breach of contract, Other grievances pertaining to policy and procedure set forth by the Human Resources and Faculty Handbooks, By- Laws, and the College s Policies & Procedures Manual except for issues of tenure and promotion. Other issues not specifically excluded and determined reasonable by the FGC Chair. d) Composition of the FGC 1

2 The FGC shall be composed of nine (9) members, all of whom shall be full- time faculty members. The initial committee members shall be elected according to the following procedure: five members for a three- year term each and, four members for a two- year term each. After the initial term, all members will be elected to serve three- year terms. The FGC members shall elect their chair at the start of the academic year (the FGC Chair ). The Associate Vice President of Human Resources shall be a standing, non- voting member of the FGC to serve on an advisory basis. The faculty members serving on the FGC shall not be members of the Committee on Appointments, Promotions, and Tenure; a Dean; or a Department Chair. All members of the FGC must take mandatory mediation training on an annual basis. In the case that a member of the FGC feels that he/she cannot remain impartial, that member must recuse himself/herself from the hearing proceedings for that particular grievance. A member of the FGC shall be deemed unable to act impartially if the grievant or respondent is in his or her department; is a member of his/her family or if the FGC members report to or supervise the grievant or the respondent. The FGC Chair, if deemed unable to act impartially, must then choose a member of the faculty to serve in his/her place on an ad- hoc basis for the purpose of dealing with that particular grievance only. The original member will still participate fully regarding any other grievances not presenting a conflict of interest. II. Procedure for Handling Grievances Informal process: Seek resolution within department or division. A faculty member who is party to a grievance is encouraged to first discuss the matter with his or her supervisor or to work with the ranks of management in his or her department or division to seek a rapid resolution of the matter. In seeking such resolution a faculty member should refer to the applicable policy or procedure in the Faculty Handbook and its By- laws, or the Human Resources Handbook. ( Formal process: Seek a grievance mediation proceeding. Initiation of a Grievance Proceeding A faculty member who feels aggrieved shall discuss his/her complaint in a confidential conference with the FGC Chair. The FGC Chair shall review the grievance and inform the faculty member if the potential grievance falls under the jurisdiction of another College policy rather than this Policy. Filing a Grievance 2

3 To file a grievance, an individual faculty member must submit a written, signed statement (the "grievance") to the FGC Chair within 28 days 1 of the date that the grievant knew or should have known of the alleged violation. 2 The grievance must contain the following information: 1. the specific policy or established practice that has allegedly been violated; 2. the date of the alleged violation and the date on which the grievant became aware of the alleged violation; 3. the facts relevant to the alleged violation; 4. the person(s) against whom the grievance is filed (the "respondent"); and 5. the redress sought. The Respondent The FGC Chair will provide a copy of the grievance and any documents submitted with the grievance to the respondent within three (3) days of receipt. 3 Resolution 1. The FGC Chair will randomly select three (3) members of the FGC to hear the grievance (the Panel ). A Panel member must be available to hear the entire proceeding within the prescribed timeframes. The FGC Chair may be a member of the Panel if needed. 2. The Panel shall confer with the parties and make every reasonable effort to resolve the grievance informally as quickly as possible, provided however that in no event shall this period exceed thirty (30) days. Discussions regarding informal resolution are expected to be treated with confidentiality and may not be disclosed or referenced during any subsequent formal proceedings on the grievance. The Panel may recommend that the grievant drop the grievance because it lacks merit or for other just cause. Such a recommendation, however, shall not be binding on the grievant. 1 References to days in this document are to calendar days. If a deadline contained within this Policy falls on a weekend or College closure date or holiday, the deadline will be extended to the next business day on which the College is open for business. 2 The FGC Chair may waive or extend the time limits specified in this Policy for good cause or by mutual agreement of the parties. "Good cause" includes, but is not limited to, circumstances outside of a party's control, such as illness, approved leave of absence, or extended travel for College business. Even with a showing of good cause, time limits will generally not be extended beyond an additional 28 days. 3 Notices provided under this Policy will be delivered to the Morehouse College and campus addresses for both the grievant and respondent unless either party notifies the FGC Chair in writing that an alternate address should be used. 3

4 3. If the grievant and the respondent are able to resolve the grievance with the Panel, the agreed upon resolution shall be rendered as a report by the Panel and signed by both the grievant and the respondent. The signed resolution shall be submitted to the FGC Chair for submission to the Provost within three (3) business days The Provost shall, within ten (10) business days, review the agreed upon resolution and determine in writing whether it is approved or denied. The Provost s determination shall be sent to the FGC Chair for dissemination to the parties. If the Provost denies the agreed upon resolution then the FGC Chair shall refer the matter back to the Panel to follow the procedures set forth in paragraph 2 of this section; provided, however, that the grievant may request that the Panel proceed to paragraph 5 of this section. 5. If the Panel determines that the grievance cannot be informally resolved, the Panel shall so notify the parties in writing. If the grievant wishes to pursue the grievance, the grievant must submit a written request for a formal hearing to the FGC Chair within fourteen (14) days of such notice. Failure to submit such a request will constitute a waiver of the grievant s right to pursue the grievance under this Policy. Consolidation of Grievances If a grievant files two or more separate grievances against the same respondent(s) that raise related allegations or arise from a common set of facts, the FGC Chair may consolidate such grievances into one grievance to be heard by a single panel. If a grievant files two or more separate grievances concerning different issues and the grievances are not consolidated, such grievances will normally be processed and heard sequentially in chronological order determined by the date on which the initial grievance was filed. Separate grievances filed by different grievants that involve related allegations or arise from a common set of facts may also be consolidated if agreed by all parties. Formal process: Seek a formal grievance hearing proceeding. In the event that the grievance is not resolved to the satisfaction of either party through the mediation process set forth above, either party may request in writing to the FGC Chair that the FGC move the process to a more formal hearing. The FGC Chair shall notify all parties to the grievance within five (5) days of receipt of the request for a formal hearing. The FGC Chair shall appoint a FGC hearing panel ( FGC Hearing Panel ) of no less than three (3) members which shall set a date, time, and place for the grievance hearing that is agreeable to all parties concerned. No member of the FGC Hearing Panel shall have served on the Panel for the grievance. The arrangements shall be completed within five (5) days after notification of the 4 If a grievance is filed against the Provost individually, resolution will be forwarded to the President for review instead of to the Provost. 4

5 parties of the formal hearing by the FGC Chair. The formal grievance hearings shall begin no more than ten (10) days after completion of the arrangements. The FGC Hearing Panel will render its majority advisory opinion (including the minority opinion) in writing within ten (10) days from the end of the hearing to all parties, including the FGC Chair and the Provost of the College (or the President if the Provost is a party to the grievance). The Provost shall review the advisory opinion and shall render a written decision of the College within twenty (20) days of receipt of the advisory opinion. The decision of the Provost shall be the final decision of the College. During the review period, the Provost may request additional information from the parties and/or the Panel. III. Grievance Committee Hearing Procedure 1. The hearing will be closed to the public. The FGC Hearing Panel in consultation with the grievant, exercises its judgment as to who may attend the hearing in addition to the FGC Hearing Panel, the President, the Provost, the faculty grievant and the respondent. With due respect for the right of freedom of speech and except for such simple announcements as may be required (e.g. comments concerning the time of the hearing and similar matters) public statements and publicity about the case by all participants shall be avoided until the proceedings have been completed. 2. Neither the grievant nor the College may have legal counsel present at the hearing. 3. At least three (3) days prior to the hearing, both parties shall be advised of the names of any witnesses that will be called. 4. The grievant shall be afforded an opportunity to obtain appropriate witnesses and documentary or other evidence from this or other institutions within the aforementioned time frame. The administration will cooperate with the FGC and the grievant in securing witnesses and making available documentary and other evidence exclusively in its possession or control. Anyone asked to supply information or to appear as a witness before the FGC Hearing Panel is expected to cooperate with the request. This pertains to administrative and academic personnel, and anyone else employed by the College or working at the College through outside contractual agreement. 5. The Committee will not be bound by strict rules of legal evidence. It may admit any evidence which is of probative value in determining the issues involved. A demonstrated effort will be made to obtain the most reliable evidence. The decision will take the form of findings of fact, conclusions, and recommended disposition of the grievance. The findings of fact, conclusions, and the recommended disposition must be based solely on the hearing record, pertinent College procedures as set forth in the Office of Human Resources Handbook, the Faculty Handbook, By- laws, and the College s Policies and Procedures Manual. 6. In all cases except dismissal or suspension the burden of the proof shall be on the grievant. 5

6 7. In any case of dismissal or suspension the burden of proof that adequate cause exists for the action shall be on the College. 8. All parties shall have the right to ask questions of all witnesses. The FGC Hearing Panel may limit such questions or the manner in which the questions are presented. 9. The Hearing proceeding shall be transcribed by the College and stored by the Office of General Counsel and made available to the FGC Hearing Panel. 10. The advisory opinion, the final decision and all related documents shall be stored by the Office of General Counsel. IV. General Provisions While a grievance is under review, the grievant is expected to follow the directive of his or her immediate superior until the review process has been completed. Confidentiality All records and information related to grievance proceedings under this Policy shall be kept confidential to the degree permitted by law. The FGC Chair, the Panel, the parties to the grievance and other relevant administrators and faculty shall respect the confidentiality of information and records and the privacy of all parties whose interests are affected by a grievance. Other College Policies 1. This Policy does not preempt or replace any non- discrimination or anti- harassment policies promulgated by the College. Any grievance alleging discrimination or harassment in violation of such policies will be referred to the appropriate College office for investigation and determination regarding the claim of discrimination/harassment. The grievance will be held in abeyance pending investigation and determination of the discrimination/harassment claim. 2. This Policy does not preempt or replace any non- retaliation or whistleblower policies promulgated by the College. 3. A grievant must promptly notify the FGC Chair if he or she initiates litigation against the College while a grievance is pending. A grievant may not pursue a complaint under this Policy while litigating the same issue(s). A grievance filed under this Policy shall be held in abeyance by the FGC Chair pending the conclusion of the litigation. 4. Decisions and actions taken by an Institutional Review Board (IRB) and its Chairperson cannot be grieved under this Policy. However, disciplinary action imposed by an administrator on the basis of IRB action is grievable under this Policy. 5. Decisions and actions taken under the Procedures Concerning Allegations of Misconduct in Research, the Anti- Discrimination Policy, or the Conflict of Interest Policy cannot be grieved 6

7 under this Policy. However, disciplinary action imposed by any administrator on the basis of a decision under one of these policies is grievable under this Policy. 7