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.
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- New Senator Orientation 2006/2007, August 28, 2006
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- Faculty Senate Ad Hoc Committee on the Mt. Graham Telescope Project
- Proposal for a Faculty Senate By Laws Amendment -- Kenneth Schwartz
- A University Policy Recommendation -- Teresa Culver
- Houston G. Wood Comments to the Board of Visitors -- April 7, 2006
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- Chair's End of the Year Report (2005) -- Marcia Day Childress, Chair
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- Statement of the University of Virginia Faculty Senate on Restructuring Public Higher Education in Virginia
- Marcia Day Childress Comments to the BOV Education Policy Committee -- September 18, 2004
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- The Role of Information Technology in the Life of the University: A University-Wide Conversation
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