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1.1 The purpose of this grievance procedure is to provide an internal university process for the good faith resolution of employment grievances filed by faculty, SAAO Tier-II, and EPA professionals (hereinafter referred to as "covered employees"). North Carolina Cooperative Extension employees employed in county operations are excluded from this procedure and are governed by North Carolina Cooperative Extension Grievance Procedures for County Operations Employees.

1.2 Covered employees may also seek to resolve grievances in accordance with NC State's Mediation Procedures for Faculty and Staff. Mediation seeks to achieve a mutually agreeable settlement of differences; it differs from the grievance procedure in that it does not impose a decision on the parties.

1.3 A grievance committee has no power to reverse an administrator's decision, but can only recommend a reassessment of that decision if it finds that the decision was reached improperly or unfairly.

2. DEFINITION OF GRIEVANCE AND SCOPE OF GRIEVANCE PROCEDURE

2.1 In the context of the grievance procedure a grievance is defined as a formal complaint against an administrator alleging that a decision, which has adversely affected an individual employee=s professional or academic capacity, has been reached improperly or unfairly. Improperly means in violation of a specific university rule, regulation, policy or practice pertaining to the employment relationship between the grievant and the university. Unfairly means in an arbitrary or capricious manner or in an unlawfully discriminatory manner.

2.2 This grievance procedure cannot be used for:

a. Dissatisfaction with the general application of a university, college or department policy, regulation, or rule (PRR) challenged on the grounds that the PRR itself is unfair or inadvisable;

b. Non-renewal, non-reappointment, or non-extension of a contract upon expiration of an existing contract for anyone other than tenure-track faculty, SAAO Tier II employees, and EPA professional employee;

c. Complaints, grievances or appeals that are subject to another university procedure or within the jurisdiction of another university committee, e.g., harassment complaints, research misconduct complaints, intellectual property determinations, campus police trespass appeals, health and safety concerns (including biological, chemical, radiation, occupational safety, and general safety), discharge for cause, (including the imposition of serious sanctions of suspension or demotion for faculty and the imposition of the serious sanction of suspension for EPA non-faculty and SAAO Tier II employees), and terminations of employment because of financial exigency or program curtailment or elimination for faculty with academic tenure and EPA non-faculty and SAAO Tier II employees with term appointments;

2.3 A grievance other than an appeal of non-reappointment filed pursuant to Section 604 of The Code must be dismissed if the grievant is no longer employed unless the Chancellor, in the Chancellor's discretion, determines that it is in the best interest of the institution to continue the grievance process.

2.4 Non-reappointment of Tenure-track Faculty, and Non-reappointment or Discontinuation of SAAO Tier-II employees, and EPA Professional Employees:

2.4.1 A tenure-track faculty member who has been notified of a terminal appointment or non-reappointment has the right to have the case reviewed by a grievance committee only if, after discussions with the individual=s department head and dean, the individual concludes that the decision not to reappoint was based upon one of the following:

a. The employee=s exercise of freedom-of-speech rights guaranteed by either the First Amendment to

the United States Constitution or Article I of the North Carolina Constitution;

b. Discrimination on the basis of race, color, religion, creed, sex, national origin, age, disability, or veteran's status;

c. Personal malice as defined in section II (B) of UNC Policy 101.3.1 of the UNC Policy Manual (e.g., sexual orientation); or

d. Material procedural irregularities, meaning departures from prescribed procedures governing reappointment that cast substantial doubt on the validity of the decision not to reappoint.

The function of a grievance committee in these cases shall be limited solely to determining whether or not the non-reappointment decision was based upon any of the above impermissible reasons. For purposes of this section, section 9.4 and section 12, a denial of tenure, or a denial of promotion with tenure constitutes a non-reappointment decision under Section 604 of the Code.

2.4.2 A SAAO Tier-II employee or an EPA professional employee who has been notified of non-reappointment or discontinuation has the right to have the case reviewed by a grievance committee only if, after a discussion with the individual=s supervisor, the individual concludes that the discontinuation or non-reappointment was based upon one of the impermissible grounds listed in section 5 of NCSU policy 05.15.1, "Employees Exempt from the State Personnel Act (EPA)."

2.5 Grievances that are pending or that may be filed by a grievant who is subject to discharge for cause or other serious disciplinary action will be dismissed if they relate to the pending discharge or will be held in abeyance until the conclusion of the disciplinary proceedings if the matter is unrelated to the pending discharge. The Chancellor (for EPA professionals) or the Provost (for faculty) shall instruct the grievance committee and grievant as to the disposition of grievances that are pending at the time or filed after a discharge or other serious disciplinary action is initiated. Grievances that are held in abeyance may be heard after the final disposition of the serious disciplinary proceedings unless the grievance is dismissed pursuant to 2.3 above.

3. FILING A GRIEVANCE

3.1 A formal grievance may be filed only after the covered employee (hereinafter grievant) has attempted to resolve the grievance with his or her department/unit head and dean/vice chancellor without satisfactory results. After the grievant has discussed the decision to no avail with his or her department/unit head and dean/vice chancellor, the grievant should review all relevant material, including his or her personnel files. If the grievant then wishes to file a formal grievance, a written petition for redress (hereinafter "grievance petition" or "petition") must be filed with the chair of the faculty. A copy of the petition must be sent to all persons against whom the grievance is filed, by certified mail or by another means that provides proof of delivery. The petition must include the following:

a. The exact nature of the grievance;

b. The identity of all persons against whom the grievance is filed (hereinafter sometimes referred to as "respondent(s)";

c. The redress sought; and

d. A statement that members of the grievance committee are designated as properly authorized agents who may examine documents submitted by the parties from the grievant=s personnel files for the purpose of resolving the grievance.

3.2 The grievance petition must be filed within sixty calendar days of the decision cited in the grievance. In non-reappointment cases, the act of filing a grievance does not constitute grounds for extension of the contract.

3.2.1 If the grievance petition is not filed within the requisite sixty days, the Chair of the Faculty may waive the sixty-day filing period if there were significant extenuating circumstances preventing the grievant from filing within this timeframe. The Chair of the Faculty shall set forth in writing the significant extenuating circumstances forming the basis for this decision and provide a copy to the grievant and the respondent. The grievant shall have ten business days from receipt of the Chair of the Faculty's decision to file the grievance petition.

3.2.2 Either party may appeal the decision of the Chair of the Faculty directly to the Chancellor within five business days of receipt of the Chair's decision.

3.3 Upon receipt of a timely filed grievance petition, the Chair of the Faculty shall within five business days inquire in writing as to whether the parties wish to engage in mediation. If all parties do not agree in writing within five business days to pursue mediation of the dispute, the chair of the faculty shall select as promptly as possible a three-member grievance committee and a grievance committee chair. (Procedures for selection of the grievance committee and grievance committee chair are set forth in Section 14). If the parties agree to mediate the dispute, the Chair of the Faculty shall refer the matter for mediation in accordance with NC State's Mediation Procedures for Faculty and Staff. If the mediation does not resolve the dispute, the Chair of the Faculty shall select the grievance committee and chair as promptly as possible following notification that the mediation has not resolved the dispute. The Chair of the Faculty shall strive to appoint grievance committees within ten business days of notification of a mediation impasse.

3.4 Following the selection of the grievance committee, the Chair of the Faculty shall (a) notify the parties of the names of the committee members and committee chair (b) forward copies of the grievance petition and the grievance procedure to the committee chair and committee members; and (c) provide copies of the grievance petition along with a list of the names of the members of the grievance committee and the grievance committee chair to the Provost and Executive Vice Chancellor, and the Vice Chancellor and General Counsel.

3.5 Within ten business days of receipt of notice that a grievance committee had been formed, the respondent may request in writing that the chair of the grievance committee dismiss the grievance if the respondent believes that the grievance is not within the jurisdiction of the committee.

4. INITIAL MEETING OF THE GRIEVANCE COMMITTEE - DETERMINATION OF JURISDICTION

4.1 the chair of the grievance committee shall promptly convene the committee to determine whether the committee has jurisdiction over the grievance. The committee shall review the grievance petition and any request to dismiss the grievance for lack of jurisdiction. The committee shall determine whether the matter is within the jurisdiction of the committee. Relevant considerations include, but are not limited to, the personnel status of the employee and the subject matter of the grievance (see sections 2.1 - 2.4, above), and the timeliness of the grievance (see section 3.2 above).

4.1.1 If the matter is within the jurisdiction of the grievance committee, the committee chair shall promptly notify the person(s) against whom the grievance is filed (hereinafter respondent or respondents) that a written response to the grievance must be provided to the chair and to the grievant within ten business days. If the matter is not within the jurisdiction of the committee, the committee shall proceed to section 9 below by preparing a report that dismisses the grievance for reasons stated. If it is unclear whether the matter is within the jurisdiction of the committee, the committee may schedule a jurisdictional pre-hearing conference to obtain more information from the parties to determine whether there is jurisdiction to hear the grievance.

4.1.2 Either party may appeal an adverse decision on jurisdiction to the Chancellor within ten business days of notice of the committee's decision. A copy of the appeal shall be provided to the chair of the grievance committee at the time the decision is appealed. If the respondent appeals, the time for filing a response to the grievance is stayed pending the Chancellor's decision.

5. PRE-HEARING CONFERENCE

5.1 The chair of the grievance committee shall convene a pre-hearing conference with all the parties one week after the committee and the grievant receive the respondent's response(s) to the grievance, or as soon as practicable thereafter. Prior to convening the pre-hearing conference the chair shall inquire of the grievant if the grievant wishes to have an observer present at the grievance hearings, and if so, to identify that person and state whether the observer is an attorney. After hearing from the grievant, the chair shall notify the respondent(s) who may have one observer per respondent attend the hearing if, and only if, the grievant has elected to have an observer present. Should any of the respondents elect to have an observer present, their observers must be identified to the committee chair prior to the beginning of the pre-hearing conference.

5.2 If there are any jurisdictional issues remaining from the initial review of the grievance (see 4.1.1 above), the committee shall review the grievance petition and the response, may question grievant and respondent regarding these issues and shall determine whether the committee has jurisdiction. The chair shall prohibit the parties from providing evidence or arguing the merits of the grievance at the pre-hearing conference. Jurisdictional issues may be appealed pursuant to 4.1.2.

5.3 If there are no outstanding jurisdictional issues, the committee will review the nature of the grievance, the identity of all involved parties, the redress sought, the respondent's position, the hearings procedures, and the rights regarding third-party observers. The chair shall ensure that the parties are fully informed as to the nature of the grievance and shall provide copies of the procedure to the parties, if requested.

6. ATTORNEYS AND OBSERVERS

6.1 Although active participation by legal counsel during the pre-hearing conference and the grievance hearing is not allowed, the grievant is entitled to have one third-party observer of the grievant=s choice present. A third-party observer may be an attorney; however, the attorney, like other observers, may not participate actively in the hearing process.

6.2 The NC State Office of Legal Affairs may provide an attorney to advise and act as an observer for respondent(s) if the grievant has an observer who is an attorney. The Office of Legal Affairs may also designate an attorney to provide procedural advice to the committee upon request. Any attorney who assists the committee may not discuss the merits of the case with any party, observer, or other attorney and shall not act as an advocate for or against any party when advising the committee on procedure.

6.3 Any attorney from the NC State Office of Legal Affairs who advises a party on the merits of the grievance may not advise the chancellor or board of trustees on any appeal of that grievance. Any attorney from the NC State Office of Legal Affairs who advises the grievance committee on procedures may advise the Chancellor and/or Board of Trustees on any appeal of that grievance.

7. GRIEVANCE HEARINGS - TIMING AND INFORMATION EXCHANGE

7.1 Only if the committee chair is aware of significant extenuating circumstances shall the opening date of the hearings be delayed beyond four weeks from the pre-hearing conference. The chair shall notify the grievant and respondent(s) in writing of the dates and location of the hearings.

7.2 The committee chair may require the parties to exchange witness lists and copies of exhibits the parties wish to introduce as evidence, and the committee chair may specify that the exchange occur a certain number of days in advance of the hearing. If a party wishes to introduce exhibits at the hearing that were not included in a pre-hearing exchange, the committee chair shall decide whether there is a good reason for accepting such evidence. Any pre-hearing exchange of proposed exhibits shall be between the parties only, and in no case should evidence be provided to the committee prior to the hearing. Exhibits must be numbered sequentially and identified by party; e.g., Grievant=s Exhibit No. 1, Department Head Exhibit No. 3, or Committee Exhibit No. 5. The exhibit numbers should be written on the exhibits, and pages numbered, at the time they are first presented to the committee. References to documents during the hearing should be by exhibit number with page references as applicable.

8. GUIDELINES FOR THE CONDUCT OF GRIEVANCE HEARINGS

8.1 Notices of Meetings

The chair of the grievance committee shall send notices of the scheduled meetings to all participants in that meeting and to the Office of Legal Affairs. The chair must notify all parties and the Office of Legal Affairs of any amendment to the grievance.

8.2 Committee Participation

Hearings shall be conducted with the chair and all three committee members present. If the committee is unable to convene and hear the grievance in a timely manner or is not functioning effectively, any committee member or party to the proceeding may ask the Chair of the Faculty to disband the committee or replace members who are delaying or otherwise obstructing the committee=s progress. The Chair of the Faculty shall have the discretion to make any changes to the committee that are necessary to have it function effectively, including replacement of the committee chair. The request to disband or replace members of the committee and/or the committee chair and the decision of the Chair of the Faculty must be in writing and be included in the Official Record.

8.3 Control of Hearings

The chair of the grievance committee shall exercise complete control over all stages of the hearings, and over pre-hearing matters. Consistent with the principles of impartiality and equity, the committee chair shall determine, among other things:

a. The order of testimony presentation;

b. Any additional information or documentation that should be requested;

c. The order of and procedure for questioning the parties and witnesses;

d. The admissibility of all questions, evidence and compliance with procedures; and

e. Who may be allowed to attend any hearing. With the exception of persons specifically designated as third-party observers, grievance hearings are not open to spectators.

8.4 Relevance of Evidence

The strict rules of legal evidence do not apply. The chair of the committee may admit any information determined to be pertinent and the committee shall have access to any available information relevant to the case. If any hearsay evidence is to be admitted, however, the source of that information must be revealed so that the person(s) can be requested to appear before the committee for questioning. The committee chair shall determine whether information or testimony is material and relevant to the issues involved in the grievance and may rule that certain presentations not be considered. All materials submitted as evidence, including any written documents, photographs, audio recordings, and video-materials, shall be retained by the committee until its final report is complete, at which time both the evidence and material excluded from evidence shall be incorporated into the Official Record and forwarded to the Chancellor along with the final report. If material is excluded from evidence, the chair shall make a record of the reasons.

8.5 Testimony

8.5.1 Parties shall have the right to testify, to present testimony of witnesses and other evidence, to hear and question witnesses, and to examine all documents and other information considered by the committee. If a witness cannot or will not appear, and the committee chair determines that testimony of the witness should be admitted into evidence, the committee chair shall identify the witness, disclose the statement of the witness, and if possible provide for questions.

8.5.2 So long as it does not substantially delay the hearing process, the committee chair may, at his or her discretion, call a recess so that reasonable time is provided for the examination of all evidence and for the preparation of appropriate responses.

8.6 Order of Presentation

8.6.1 In the standard order of presentation, the grievant makes an opening statement, then the respondent(s) makes an opening statement if desired. Next, the grievant presents his or her case through the grievant=s own testimony, exhibits, and witnesses. If after hearing the grievant's case, the committee decides that the grievant=s evidence is insufficient to support a finding in favor of the grievant, the committee shall dismiss the grievance. If, however, the committee decides that the grievant=s evidence is sufficient to support a finding in favor of the grievant unless disproved by the respondent(s) the committee chair will ask the respondent(s) to present respondent's case through testimony of parties, exhibits, and witnesses. Rebuttal testimony from grievant and surrebuttal testimony from respondent(s) then may be permitted by the committee. If the entire grievance is dismissed following grievant's case, a report shall be prepared in accordance with section 9.3 and the report and record of the proceedings forwarded to the Chancellor in accordance with 9.4. If the grievance is dismissed only in part, the final report shall address all allegations, including those dismissed after presentation of grievant's case.

8.6.2 After all evidence has been presented, the grievant may make a closing statement, followed by the respondent(s), and a last statement by the grievant. The committee chair should set a time limit for opening and closing statements, and should prohibit the discussion of any new information in closing statements. The order of presentation may be modified at the committee chair=s discretion so long as each party gets an opportunity to testify and ask questions of other parties and witnesses.

8.7 Questioning of Witnesses

Following each party=s and witness=s testimony, the committee chair should allow questions from the other parties. The committee members may ask questions of the parties and witnesses at any time. The committee chair shall have the prerogative to determine the appropriateness of all questions and the method of questioning. The committee chair should not allow any questioning that is irrelevant, immaterial, unduly repetitious, or abusive.

8.8 Confidentiality

Members of the grievance committee, parties and witnesses shall maintain strict confidence concerning all aspects of the grievance process. This is generally required by state law as well as university policy. Any breach of confidentiality, which in the judgment of the committee compromises or substantially affects the process, may result in a committee decision to terminate the grievance process. In this event, the committee shall advise the Chancellor and Chair of the Faculty as to whether or not another grievance committee should be formed to hear the case. Access to material placed into evidence and to any records of the proceedings shall be strictly limited for the duration of the hearing process to members of the committee, persons who have a need to know as part of the process (witnesses, observers, etc.) and the parties.

8.9 Hearings Records

The chair of the committee shall tape record, or arrange to record through a court reporter, all hearings and shall maintain such other written records, as it considers appropriate. No other recordings of the hearings will be allowed. At any stage prior to submission of the Official Record to the Chancellor, any party shall be granted, under supervision of the committee chair, access to the tapes and other committee records. After the Official Record is delivered to the Chancellor, access shall be determined in accordance with applicable state personnel records law. Once the Official Record has been delivered to the Chancellor, or a grievance is terminated, committee members may destroy extra copies of documents comprising the Official Record. Any other original or unique records pertaining to the grievance, including personal notes of committee members, must be retained in accordance with state public records law and sent promptly to the Faculty Senate office.

8.10 Withdrawal of Grievance

At any time prior to submission of the committee=s final report, the grievant shall have the right to withdraw the grievance by submitting a written request to the committee chair. Receipt of this request shall cancel the proceedings, and the Official Record of the hearing shall consist only of the following:

a. Names of committee members and its chair;

b. Date committee was formed;

c. Dates of pre-hearing conference and any grievance hearings;

d. Date of withdrawal;

e. The withdrawal request; and

f. The grievance petition.

The committee chair shall promptly transmit the Official Record and all other documents to the chair of the faculty, who shall in turn discharge the committee.

8.11 Amendment of Grievance

Once the grievance hearings begin, the grievant shall not have the right to amend the grievance without the unanimous vote of the committee. If any amendment to the grievance is allowed, the committee chair must promptly notify all parties of this action and defer subsequent proceedings until the other parties have had the opportunity to respond to this revision. A respondent shall have two weeks to respond to any amended grievance.

8.12 Prompt Action

The committee shall endeavor to complete the grievance hearing and forward its recommendation to the Chancellor within six weeks after the pre-hearing conference takes place.

9. DELIBERATIONS AND REPORT OF THE GRIEVANCE COMMITTEE

9.1 Upon the conclusion of the grievance hearing, the grievance committee shall deliberate and decide whether to sustain all or any part of the grievance. The chair of the committee shall be present during the committee=s deliberations and may instruct the committee regarding its jurisdiction and other grievance related matters. The chair may participate in the discussions but may not vote or veto the decision of the committee.

9.2 The committee's decision must be based solely on material presented in the grievance. The committee should be careful not to simply substitute its judgment for that of the respondent(s) (e.g., the committee should not recommend that the grievant get tenure or a raise simply because it deems that the grievant=s professional record could have justified a tenure appointment, or a greater pay raise). Rather, the committee should decide if the decision being grieved was reached for improper or unfair reasons (e.g., was it based on irrelevant factors such as age or race or political views, or were personnel procedures violated to the prejudice of the grievant). The burden is on the grievant to establish by a preponderance of the evidence that the grievant has experienced an injury that would entitle the grievant to relief and that such injury is remediable. Except in non-reappointment cases, the committee may recommend a compromise solution not advanced by any party.

9.3 The chair of the grievance committee shall be responsible for ensuring that a written report of the committee's findings and recommendations is prepared. The report should state a separate finding for each particular issue of the grievance, make findings that resolve the material issues of fact that have been disputed, address any minority views and provide a recommendation for disposition of the grievance. Prior to finalizing the report, the chair will provide a copy of the report to members of the committee for review, comment, and approval. Any member who does not concur in the report may submit a separate minority report, which shall be appended to the committee's report.

9.4 The chair of the grievance committee shall transmit the committee's report and the Official Record as follows:

9.4.1 For tenure track faculty grievances appealing non-reappointment, the chair shall forward the grievance committee's report and the Official Record of the grievance proceedings directly to the Chancellor. A copy of the report shall be provided also to the grievant, the respondent(s), and the Chair of the Faculty.

9.4.2 For all other grievances, the following procedure applies:

(a) If the committee's recommended decision determines that an adjustment in favor of the grievant is appropriate, the chair of the committee shall send the report first to the grievant and respondent(s). If the recommended adjustment, or a different adjustment satisfactory to the grievant is not made by respondent(s) within 20 business days of receipt of the report, the chair of the grievance committee shall forward the report to the Chancellor, together with the Official Record of the grievance. A copy of the report shall also be forwarded to the Chair of the Faculty. If a mutually agreed upon adjustment is made within 20 working days of receipt of the report, the respondent(s) shall provide written notice to the chair of the grievance committee with a copy to the grievant. Upon receipt of the written notification from respondents, the chair shall notify the committee, the Chancellor, and the Chair of the Faculty that the grievance has been resolved by mutual agreement of the parties and forward the Official Record of the grievance to the Chancellor. The chancellor shall thereupon officially discharge in writing the grievance committee.

(b) If the committee's recommended decision determines that no adjustment in favor of the grievant is appropriate, the chair of the committee shall send the committee's report, along with the Official Record of the grievance to the Chancellor. A copy of the report shall be sent to the parties and to the Chair of the Faculty.

9.5 The committee may write a separate report to the chair of the faculty and the Chancellor recommending any changes within the university that might prevent similar grievances in the future, or any proposed improvements in the grievance procedure, including additional circumstances under which it would be appropriate to hear non-reappointment grievances.

10. RESPONSE OF THE CHANCELLOR TO THE REPORT OF THE COMMITTEE

Upon receipt of the committee's report, the Chancellor may accept or reject any or all findings and recommendations of the grievance committee, may remand the matter to the committee for further consideration of the grievance, or may seek clarifying information from the committee. In considering the committee=s report, the Chancellor may, with proper respect for confidential matters, share parts of the report with appropriate administrators (other than parties or witnesses) for their advice. If the Chancellor=s decision rejects any of the findings or recommendations of the committee, the Chancellor shall notify the committee members in writing, with copies to the parties and to the Chair of the Faculty, giving his/her specific reasons for not accepting the committee=s findings or recommendations. The Chancellor shall provide the opportunity for the committee and parties to respond to the Chancellor=s decision. The Chancellor shall notify the grievant of the final decision by registered return-receipt mail. Copies of the decision shall be sent to the respondent, the grievance committee and the Chair of the Faculty. Upon receipt of the Chancellor's final decision, the grievance committee will have completed its work and shall be officially discharged in writing by the Chancellor.

11. OFFICIAL RECORD

11.1 The Official Record of a grievance hearing shall consist of all correspondence pertaining to the grievance and every item, piece of information, document and exhibit that was either submitted to or given consideration by the committee, along with the tape or court reporter=s transcript of the hearing. All documentation relevant to the committee=s procedural rulings, factual findings, recommendations, and any other aspects of its final report should be included in the Official Record.

11.2 If the committee decided that certain information offered by a party or witnesses should be excluded from consideration, the decision to exclude should be recorded for the record and the excluded information should be kept as part of the Official Record but segregated from the information that was accepted as evidence.

11.3 The Official Record should include a table of contents so that every document and record can be easily identified and located. The Official Record should be forwarded to the Chancellor along with the committee=s final report.

12. APPEALS FROM THE DECISION OF THE CHANCELLOR

12.1 Appeal of non-reappointment decisions under Section 604 of the Code.

A tenure track faculty member who wishes to appeal the Chancellor's decision must file written notice of appeal with the Board of Governors, by submitting such notice to the President, by certified mail, return receipt requested, or by another means that provides proof of delivery, within ten calendar days of receipt of the Chancellor's decision. Appeals may be made to the Board of Governors only on the following grounds: (a) the campus process or decision had material procedural errors, (b) the campus process or decision was clearly erroneous, or (c) the campus process or decision was contrary to controlling law or policy.

12.2 Appeals in grievances filed pursuant to Section 607 of the Code.

If the grievance committee did not find that an adjustment in favor of the grievant was appropriate, the decision of the Chancellor is final and may not be appealed. If neither the relevant administrative respondent nor the Chancellor makes an adjustment recommended by the grievance committee in favor of the grievant, a grievant who wishes to appeal the Chancellor's decision must file a written notice of appeal with the Board of Trustees, by submitting such notice to the Chancellor, with adequate notice of delivery, within ten calendar days after receipt of the Chancellor's decision. The decision of the Board of Trustees shall be final.

13. GRIEVANCE REPORT OF THE CHAIR OF THE FACULTY SENATE; RECOMMENDATIONS FOR IMPROVEMENTS

The Chair of the Faculty shall make an annual report to the Faculty Senate concerning the grievance process. This report shall summarize, without disclosing specific details, the types of grievances considered, findings by categories, and final administrative decisions. As necessary, the Chair of the Faculty shall convene a meeting of the Faculty Senate Personnel Policy Committee and the Faculty Grievance Panel for the purpose of considering any revisions in the grievance procedure for faculty, SAAO Tier-II employees, and EPA professional employees. Any proposed changes in the procedure must be reviewed by the Faculty Senate and approved by the Chancellor.

14. PROCEDURES FOR SELECTION OF GRIEVANCE COMMITTEES AND GRIEVANCE COMMITTEE CHAIRS

14.1. COMPOSITION OF GRIEVANCE PANEL

14.1.1 A grievance panel from which grievance hearing committees are to be selected shall be constituted as follows:Each college annually elects a number of faculty to serve on the panel; the number from each college is equal to at least one-half of the number of senators from the college, rounded up when necessary, plus two. The Chair of the Faculty may increase the size of the panel, on a proportional basis, if a large pool of members is needed to meet the demand. Each college elects one panel member from the combined ranks of tenured professor and tenured associate professor, one from the rank of untenured associate professor, and one from the combined ranks of assistant professor, instructor, lecturer and EPA professionals, with the rank being that held at the time of the election. Those colleges with more than three panel members elect the additional members without restriction as to academic rank. These additional members will be those remaining on the final ballot with the highest number of votes without regard to position title. The same people eligible to vote in the faculty senate elections are eligible to vote for members of the panel. Eligibility for membership on that panel is the same as for serving on the faculty senate except that department heads may not be elected to panels.

14.1.2 Members of the panel are elected by the faculty of each college for two-year terms. They are available for immediate re-election once. After having served for two terms, they become eligible again after the passage of two more years. Elections are held annually and terms of members are staggered whenever possible. The timing and procedures of elections coincide with those of the Faculty Senate elections.

14.2 SELECTION OF GRIEVANCE COMMITTEE MEMBERS

The Chair of the Faculty shall select a three-member grievance committee as follows:

14.2.1 Selection of Prospective Members from Grievance Panel

14.2.1.1. When the grievance does not involve a decision to confer tenure or to promote to professor, the Chair of the Faculty shall convene at least one of the elected officers of the Faculty Senate for purposes of creating three lists of names, drawn at random and recorded in the order drawn, as follows:

a. List 1 - Panel members from the grievant=s college or from the general constituency if the grievant is a member of the general constituency. When the grievant is not from the general consistency, names of general constituency members are allocated at random to lists 2 and 3.

b. List 2 -Tenured professors and tenured associate professors from other colleges; and

c. List 3 - Untenured associate professors, assistant professors, instructors, lecturers, and EPA professionals, from other colleges.

Prospective grievance committee members shall consist of all persons in list 1 and the first five persons in lists 2 and 3.

14.2.1.2 When the grievance pertains to a decision not to confer tenure, the panel shall include only professors and tenured associate professors and shall not include any faculty member who has participated in the tenure review that is the subject of the grievance. When the grievance pertains to a decision not to promote to the rank of professor, the panel shall include only professors and shall not include any faculty member who has participated in the promotion review that is the subject of the grievance. In each case, the chair of the faculty shall convene at least one of the elected officers of the Faculty Senate for purposes of creating two lists of names, drawn at random and recorded in the order drawn, as follows:

(a) List 1 - applicable faculty from the grievant's college;

(b) List 2 - applicable faculty from other colleges.

14.2.1.3 Notwithstanding sections 2.1.1 and 2.1.2, when the grievant names as respondent(s) the Head of a Department and/or Dean of the College in which the faculty member holds his/her appointment, the grievance panel shall not include faculty members from the respondent's department (in the case of the Head) or the college (in the case of a dean).

14.2.2 Peremptory Challenges and Challenges for Cause

The Chair of the Faculty shall meet or consult separately with each party and allow each the opportunity to remove, without cause, one prospective member from each of the three groups, or in the case of grievances pertaining to tenure or promotion one member from each of the two groups of applicable faculty members. The grievant shall be afforded the last opportunity to challenge prospective members. At the same time as the opportunity to remove without cause, each party may also request in writing that prospective member(s) be removed for cause. The request should specify the cause. The Chair of the Faculty shall make the decision whether to disqualify for cause, and that decision along with the written request will be made a part of the Official Record. The chair may also disqualify a prospective member for cause, based on written reasons, without a request from a party.

14.2.3 Self-Disqualifications

After the challenge process is complete, the Chair of the Faculty shall contact the first remaining prospective committee member on the relevant lists. The chair shall inform that person of the names of the parties and the nature of the grievance and ask if they have any reason to disqualify themselves. When persons disqualify, the Chair of the Faculty shall contact additional persons in order from each list until three members willing to serve are identified. In the case of a grievance involving a promotion or tenure decision, the Chair shall select one member from the grievant's college and two members from other colleges. In the event that all prospective members from any of the lists disqualify themselves, the chair shall select an eligible person who is willing to serve from the relevant group. The Chair of the Faculty shall allow each party the opportunity to challenge for cause any person so selected, according to the process in section 2.1.2. If the Chair of the Faculty has reason to disqualify himself or herself from making this selection, the responsibility will be assumed by the chair-elect or secretary of the faculty senate.

14.3 SELECTION AND TRAINING OF PANEL OF CHAIRS FOR GRIEVANCE COMMITTEES

14.3.1 The faculty senate shall elect a panel of 5 individuals to serve as the presiding officers (Chairs) for individual grievance committees formed to hear grievances. Persons eligible for election to the panel of chairs are selected first from among those who have served on a minimum of three grievance committees and have received training in the grievance procedures. If the number is short of five (5), then they are selected from among those who have been trained in the grievance procedures. At least one member of the panel of chairs must be an EPA professional. Each member of the panel of chairs shall serve a five-year term. Initial appointments shall be staggered so as to result in an annual appointment of one panel member each year after the first panel is appointed.

14.3.2 The panel of chairs will receive an annual orientation to the university=s grievance process and will be required to participate in periodic training sessions that will be developed by the faculty senate and the university general counsel. Training will include the role and responsibilities of grievance committee members and grievance committee chairs, general rules regarding the conduct of grievance hearings, responding to various procedural issues, dealing with conflicts of interest and the duty to recuse when conflicts are present, effectively organizing the evidentiary record and compiling the official grievance record, and in the contents of the committee report and recommendations. The Chair of the Faculty shall make sure that there is a sufficient supply of trainees, including EPA professionals, to satisfy the requirements stated in section 14.3.1.

14.4 SELECTION OF GRIEVANCE COMMITTEE CHAIR

The chair of the faculty shall select from the panel of chairs a grievance committee chair to preside over the grievance. The Chair of the Faculty shall provide each chair with the opportunity to disclose any potential conflicts of interest that may preclude the chair from presiding over the grievance and shall provide each party to the grievance with the opportunity to challenge any potential chair for cause.

14.5 NOTICE TO PROVOST AND EXECUTIVE VICE CHANCELLOR AND TO VICE CHANCELLOR AND GENERAL COUNSEL

Once a grievance committee and chair of the grievance committee have been selected, the Chair of the Faculty shall provide the Provost and Executive Vice Chancellor, and the Vice Chancellor and General Counsel with a statement of the grievance and the grievance committee membership.