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5.10 General Grievance Procedures

The following procedures for redress of grievance shall be available to all faculty members. The types of grievances covered under this general category include, but are not limited to, matters of salary, hours, teaching assignments, allotment of resources, and facilities. Grievance procedures pertaining to dismissal of faculty members, whether tenured or untenured, during the term of the appointment, are covered in the previous sections. All references to business days shall use the definition of business day as weekdays during the normal nine-month academic contract period excluding days that fall within academic breaks, including Thanksgiving, winter and spring.

5.10.1 Informal Resolution

The grievance will, as a rule, first be presented by the grievant to the appropriate supervisor for deliberation. Every attempt shall be made to resolve the matter directly with the appropriate supervisor. If the grievance cannot be resolved informally with the supervisor, every attempt shall be made to resolve the issue with the supervisor’s supervisor. The informal resolution should be completed within not more than 30 calendar days, excluding days that fall within academic breaks, including Thanksgiving, winter and spring of the grieved event.

5.10.2 Formal Resolution

If informal deliberation does not resolve the matter, the grievant may file a formal grievance in writing within 45 calendar days of grieved event, either personally or through a representative.

  1. Within 10 business days of receipt of the written grievance, the supervisor shall respond to it in writing, with a copy of the response to be sent to the supervisor's immediate superior. If the supervisor fails to respond within this time limit, the grievant may send the grievance to the Grievance Committee within 10 business days after the deadline for the supervisor's response.
  2. If the grievant is not satisfied with the response of the supervisor, within 10 business days of receipt of that response, he or she may submit the grievance to the Grievance Committee. A grievant who fails to submit the grievance to the Grievance Committee within this time limit loses the right to grieve.
  3. In reviewing the grievance, the Grievance Committee shall first decide whether the evidence submitted in support of the complaint warrants a detailed investigation or a formal hearing.
  4. If the committee decides that the complaint does not merit its consideration, the rationale for this recommendation shall be stated in writing and presented to the grievant, the supervisor, and the superior of the supervisor within 10 business days of receipt of the grievance.
  5. If the committee decides that the formal complaint has merit and contains sufficient information for the committee to make a recommendation on the matter, it shall review the matter and send its written findings to the grievant, the supervisor, and the superior of the supervisor within 10 business days of receipt of the grievance.
  6. If the committee decides to conduct an investigation or hold a formal hearing in which both sides are invited to present their sides of the matter, it shall notify the grievant and the supervisor of the decision to do so within 10 business days of receipt of the grievance. Any participation in the process is voluntary. Both the grievant and members of administration are expected to cooperate with the Grievance Committee in providing reliable, relevant, and valid evidence for the committee to make an informed judgment. The investigation or hearing shall begin within 10 business days of the decision to conduct it and shall proceed as expeditiously as possible. A recommendation shall be sent in a written report to the grievant and provost with copies to the supervisor and immediate supervisor of the supervisor within five business days of the end of the investigation or hearing.
  7. If either the grievant or the supervisor believes the Grievance Committee findings to be unacceptable, he or she may provide the provost with a written rebuttal within 10 business days of receipt of the Grievance Committee decision. Copies of the rebuttal shall be sent to the committee and to the other party in the grievance. Within 10 business days of receipt of this rebuttal, the decision of the provost shall be transmitted in writing to the grievant and the supervisor. If the grievant or the supervisor is not satisfied with the decision of the provost, the grievant or supervisor can appeal to the president. This decision of the president is the final stage of the UHV formal grievance process.