5.9 Grievance Procedures

The Grievance Committee consists of faculty members from each academic college. Each member shall be a full-time tenured faculty member at the rank of associate professor or professor. No member of the administration, including deans, shall be eligible for membership on the committee; nor shall any current member of the Promotion and Tenure Committee be eligible for membership. Members of the committee are elected annually through Faculty Senate procedures.

This committee shall hear grievances concerning any academic matter, including promotion and tenure, in accordance with System and University of Houston-Victoria faculty grievance policies and procedures. Regarding promotion and tenure grievances, this committee shall make a recommendation only on due process. Grievance of non-renewal decisions is limited to procedural matters and does not extend to considerations of judgment (see Section 5.10: Grievance Procedures). However, faculty members may request reconsideration. It should be noted that non-renewal decisions do not constitute dismissal and do not necessarily imply unsatisfactory performance. The university is not obligated to show cause or give reasons in the case of non-renewal of a probationary appointment.

5.9.1 Dismissal Procedures

Dismissal applies to the termination of tenured or to untenured faculty members during the term of their appointment. Dismissal does not apply to non-renewal of an untenured faculty member.

A faculty member, when conduct warrants, may be dismissed under the provisions for "adequate cause." In such cases, the provost shall present the faculty member with a written statement of the charges supporting the decision for dismissal. Upon receiving this statement, faculty members may

accept the decision upon the grounds indicated;
discuss the matter informally with the provost and present their side of the case with a view toward arriving at a mutually satisfactory settlement; and/or
file a formal written denial with a rationale and request a review by the Grievance Committee within the proscribed period of time.

If the faculty member takes no action within 30 days of receiving the notification of dismissal from the provost, he/she forfeits the right of appeal, and the dismissal shall be affected as stipulated in the notification.

In the case of a formal hearing, notice of the hearing with the specific charges in writing shall be presented to all parties at least 20 days prior to the hearing. Specific details concerning the hearing procedures are enumerated below:

Grievance Committee members deeming themselves disqualified for bias or conflict of interest shall remove themselves from the case, either at the request of a party or on their own initiative. Each party shall have a maximum of one challenge without stated cause.
The faculty member may waive the formal hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing but denies the charges or asserts that the charges do not support a finding of adequate cause, the Grievance Committee shall evaluate all available evidence submitted by the faculty member or dean and rest its recommendation upon the grievance in the record.
The Grievance Committee may, with the consent of the parties concerned, hold joint pre-hearing meetings with the parties in order to simplify the issues, effect stipulations of facts, provide for the exchange of documentary or other information, and achieve such other appropriate pre-hearing objectives as may make the hearing fair, effective, and expeditious.
The hearing shall be public or private, in accordance with the faculty member's wishes. If the faculty member declines to express a preference, the hearing shall be private.
The burden of proof that adequate cause exists rests with the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole.
During the proceedings, the faculty member shall be permitted to have an academic advisor and observer of his/her choice.
An accurate typewritten record of the hearing(s) shall be taken and made available to the faculty member, without cost, at the faculty member’s request.
The Grievance Committee shall grant adjournments to enable either party to investigate evidence to which a valid claim of surprise is made.
The faculty member shall be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration shall cooperate with the Grievance Committee in securing witnesses and in making available documentary and other evidence in compliance with legal constraints.
The faculty member and the administration shall have the right to question and cross examine all witnesses. Where the witnesses cannot or will not appear, but the Grievance Committee determines that the interests of justice require admission for their statements, the Committee shall identify the witnesses, disclose their statements, and, if possible, provide an affidavit.
In the hearing of charges on incompetence, the testimony shall include that of qualified faculty members from this or other institutions of higher education.
The Grievance Committee shall not be bound by rules of evidence and may admit any evidence which is of probative value in determining the issues involved. 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 findings of fact and the decision of the committee shall be based solely on the hearing record.
Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the proceedings by either the faculty member or administrative officers shall be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Regents of the university.
Pending a final recommendation by the Grievance Committee, the faculty member may be suspended, or assigned to other duties in lieu of suspension. Before suspending a faculty member and pending an ultimate determination of status through the institution's hearing procedures, the administration shall consult with the Grievance Committee concerning the propriety, length, and other conditions of the suspension. A suspension that is intended to be final is a dismissal and shall be treated as such. Except in extreme circumstances, salary may be continued during the period of suspension.
The provost and the faculty member shall be notified of the recommendation of the Grievance Committee in writing and shall be given a copy of the record of the hearing.
If the Grievance Committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it shall so report to the president.
If the committee concludes that adequate cause has been established, it shall recommend to the provost either dismissal or a lesser academic penalty. In either case, it shall provide a rationale for its recommendation. After studying the Grievance Committee report, the provost shall make a recommendation to the president. If their commendation of the committee is not accepted by the provost, the rejection shall be put in writing to the faculty member and to the Grievance Committee. The provost shall provide an opportunity for response by the faculty member before transmitting the case to the president. This step, along with steps 16 and 17, is omitted if the provost is one of the respondents.
The president shall review the recommendation of the provost and issue his/her decision and shall notify the Grievance Committee chair, the faculty member and the provost. If the president’s decision differs from that of the Grievance Committee, specific reasons must be stated, unless prohibited by law. The president shall transmit his/her decision to the chancellor.
If dismissal or other severe sanction is recommended, the president may transmit to the chancellor the record of the case. The chancellor may either accept or reverse the judgment of the president or send the matter back to the university Grievance Committee or president for reconsideration.
The chancellor shall make a recommendation to the Board of Regents, whose decision is final.