Policy and Procedures

Policies and Procedures

Established April 1972

Amended May 1973

Amended March 1975

Amended May 1979

Amended April 1990

Amended April 1995

Amended April 2002

Purpose

The University of Virginia Faculty Senate shall create a Faculty Grievance Committee, Standing (FSGC) whose purpose shall be to provide an avenue of appeal for teaching faculty who feel mistreated in their relationship(s) with another faculty member or the administration of the University.

Membership

The FSGC shall consist of nine faculty members, the majority of whom shall be current members of the Faculty Senate. Members shall serve for three years. The Chair of the FSGC shall be appointed by the Executive Council of the Faculty Senate. The Chair may select an advisor on legal and procedural matters following consultation with the Office of General Counsel of the University.

Responsibilities

The FSGC shall make itself known and available to members of the University faculty. The committee shall review, accept, investigate, examine, decide, and in all related ways manage the grievances brought before it in a fair, timely, and professional manner.

Authority

The FSGC serves at the pleasure of the elected representatives of the UVA Faculty Senate. The FSGC is authorized to receive and deal with grievances from members of the teaching faculty including but not exclusive to:

1. Irregularities in procedure regarding termination of any teaching faculty member for whatever reason.

2. Violations of right of Academic Freedom as set forth in the AAP Statement of Principles (1940).

3. Disputes involving contracts of faculty employment.

4. Disciplinary action taken by the administration against a faculty member.

5. Irregularities in procedure regarding failure to promote a faculty member to a higher academic rank. FSGC shall confine its deliberations to matters of procedure and refer matters of academic content and substance to the Provost's Office.

6. Disputes that arise between faculty and colleagues or administrators and that seriously effect the faculty member's ability to function effectively as a member of the University community and which appear to be arbitrary or discriminatory (such as salary, allocation of space, etc.)

7. Any dispute determined by University Counsel to be appropriate for the committee.

The FSGC shall not consider the following disputes:

1. Disputes in which the relief requested is beyond the University's power to grant.

2. Disputes involving members of the Administrative General Faculty who have their own avenue of appeal.

3. Disputes that have been referred to the Provost's Office for a peer review.

The FSGC's authority shall be limited to making recommendations to the President and Provost of the University and the Chair of the Faculty Senate.

Procedures

The FSGC shall develop procedures appropriate to discharging its responsibilities. The committee shall give an annual report to the Faculty Senate on its activities. In general, the FSGC shall counsel, decide to accept or reject a written grievance, investigate grievances, mediate when called upon, form hearing panels as appropriate, and make recommendations to the presidents of the University and Faculty Senate. Either party in a dispute may include legal counsel as they wish in any these proceedings.

Counsel

Members of the FSGC or the committee as a whole may counsel with members of the faculty to help them decide whether or not to submit a formal grievance to the committee. Counsel should explore the facts of the situation including any related policies and procedures, and be open and receptive to the concerns of the individual.

Accept or Reject

FSGC shall vote whether or not to accept a formal grievance submitted in writing to the committee. The written grievance should include a clear description of the behavior the author finds objectionable and of the requested relief. A majority vote of a quorum shall be binding. The committee may vote to reject, that is, not receive or investigate any grievance it deems upon initial reading is frivolous, unsubstantiated or inappropriate. The committee shall report its decision to the plaintiff only.

Investigate

FSGC shall investigate the details of grievances it accepts to establish the facts involved. This investigation should include but not be limited to

1) Sharing a copy of the grievance with the individuals named therein and requesting a written statement of response from them.

2) Appointing investigating sub-committees to interview people involved and summarize their findings, and

3) Any other professional mechanism deemed necessary to understand the situation outlined in the grievance. Any reports from investigating teams constitute information and recommendations to the FSGC only and are not to be taken as the voice nor the findings of the FSGC until and unless the committee votes to pass them on.

Examine

After the FSGC has collected all information it deems necessary in an investigation to make a fair and reasoned decision regarding the grievance, the committee is charged with careful and professional consideration of these data. Every available perspective and analysis should be taken in the objective of understanding the situation thoroughly.

Mediate

The FSGC may mediate disputes when invited to do so. These mediations may take the form of holding and facilitating meetings between the disputants for the purpose of resolving disputes. Both parties should agree in writing in advance to abide by the decision of the FSGC should they seek mediation.

Refer to Hearing Panel

Under unusual circumstances, FSGC may refer a grievance to an ad-hoc Hearing Panel. These referrals are to be the exception rather than usual practice. Hearing Panels shall be appointed when FSGC investigation and examination determines that the grievance is so serious as to warrant a more formal, evidentiary procedure and live testimony, and/or if a plaintiff requests in writing the formation of a panel.

When the FSGC determines to refer a grievance to a Hearing Panel, it shall inform both parties and form the Hearing Panel as soon as possible. The Hearing Panel shall consist of three members of the Faculty Senate who do not hold departmental chair or higher administrative posts, have no conflict of interest in the dispute, and are not members of the FSGC. FSGC shall appoint one of the Panel members as chair.

Hearing Board Procedures

The Hearing Board shall review the documentation already received by the FSGC. If it deems clarification necessary, the Board may request further documentation in writing from either or both parties, sharing copies of each with both parties.

The Board shall then schedule a date as soon as possible for an evidentiary hearing in which both parties shall have the opportunity to bring witnesses and any additional evidence they feel necessary. The Panel shall decide whether the proceedings should be private or public. Proceedings of this hearing shall be recorded and transcribed. Except in disputes between faculty members that do not involve departmental, college or school, or University governance, the cost of the report and the transcript shall be paid by the University. All parties shall have the right to review the transcript.

Once the hearing has been held and both parties have had opportunity to bring all evidence that they wish, the Hearing Panel shall review the evidence including the transcript of the hearing and render a recommendation within forty-five days from the date of the hearing.

This recommendation will be forwarded only to the chair of the FSGC. The FSGC shall then meet to review the recommendation of the Hearing Board.

The Faculty Grievance Committee shall review the report and may: (i) if appropriate, return the report to the Hearing Panel for clarification; ((ii) revise the report itself; or (iii) accept the report as submitted.

The Faculty Grievance Committee shall write a cover letter to the Hearing Panel report and transmit a final version of its report to the president of the University and the chair of the Faculty Senate, both parties involved in the dispute and the representative of the AAUP (should there have been one present).

Decision of the President

Within 30 business days after receipt of the report, the President shall, in writing, either affirm or modify the report or refer it back to the Committee with objections. The President's response shall be delivered to the parties, the chair of the Hearing Panel, and the chair of the Faculty Grievance Committee. Failure to act within the 30-day time period shall constitute an affirmation of the Committee's decision.

If the report is referred back, the Committee shall request the Hearing Panel to reconsider the case and, taking into account the objections or suggestions of the President and the response from the members of the Hearing Panel, the Committee then shall resubmit the report, with any modifications, to the President, who may affirm, modify, or reject it. The President's decision shall be final and conclusive, and the matter in question shall be deemed closed, unless either party requests an appeal to the Board of Visitors within 30 days after receipt of a written copy of the President's decision.

Appeal to the Board of Visitors

The Board of Visitors may, at its discretion, hear appeals from the President's decision as provided for under Section 5.1 of the Manual of the Board of Visitors (1966) and such appeals shall constitute part of this procedure.