1. Purpose
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 and other disputes in accordance with the University Mediation Policy and Procedure. 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. Mediation can be undertaken anytime the parties wish, regardless of the status of a grievance hearing or legal actions.
1.3 A grievance committee has no power to reverse an administrative decision, but can only recommend a reassessment of that decision if it finds that the decision was reached improperly.
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 or college policy challenged on the grounds that the policy itself is unfair or inadvisable;
b. appeals from discharge, or the imposition of serious sanctions (suspension or demotion in rank) for faculty with academic tenure as defined in UNC Code section 603.
c. appeals from terminations for faculty with academic tenure as defined in UNC Code section 605.
d. complaints of harassment, since there is a separate procedure for them (administered by the Office for Equal Opportunity)
e. 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 employees.
2.3 Non-reappointment and Discontinuation of Tenure-track Faculty, SAAO Tier- II employees, and EPA Professional Employees.
2.3.1 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, sex, religion, age, disability, or national origin;
c. personal malice as defined in section 100.3.5 of the UNC Policy Manual; 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.
2.3.2 A SAAO Tier-II employee and 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 22.01, "Employees Exempt from the State Personnel Act (EPA)".
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 head and dean without satisfactory results. After the grievant has discussed the decision to no avail with his or her department head and dean, the grievant should review all relevant material, including his or her personnel files. The grievant should then file a written request with the chair of the faculty that a grievance committee be formed to hear the grievance. The grievant should send copies of this request to all parties against whom the grievance is filed. This request must include the following:
a. the exact nature of the grievance;
b. the identity of all parties against whom the grievance is filed;
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 In non-reappointment cases, this request should be filed before termination of the grievant's employment, and in all cases the request should be filed within two months of the decision cited in the grievance. This filing deadline can be extended only if, in the judgment of the chair of the faculty, there are significant extenuating circumstances. In non-reappointment cases, the act of filing a grievance does not constitute grounds for extension of the contract.
4. Selection and Initial Convening of the Grievance Committee
4.1 Upon receipt of the written request for the formation of a grievance committee, the chair of the faculty shall convene the elected officers of the Faculty Senate for purposes of selecting 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 Appendix A.) The chair of the faculty shall select and notify the grievance committee and grievance committee chair within two weeks following receipt of the grievant's written request. The chair of the faculty shall forward a copy of the grievance statement to the committee chair and committee members and promptly convene the committee for its initial meeting. Copies of the grievance procedure shall be provided to the grievance committee chair and each member of the grievance committee in advance of the initial meeting.
4.2 The chair of the faculty shall provide the provost and vice chancellor for Academic Affairs, and the Office of Legal Affairs with the grievance statement and the names of the grievance committee and grievance committee chair, following the formation of the committee.
4.3 At its initial meeting, the chair of the grievance committee with assistance of the chair of the faculty shall provide the members of the committee with an orientation covering the role and responsibilities of the committee and a review of the grievance process. After the orientation, the chair of the committee shall review the grievance statement and the committee shall determine whether the matter as stated is properly grievable or if the grievance should be dismissed for failure to state a properly grievable matter. Relevant considerations include, but are not limited to, the personnel status of the employee and the subject matter of the grievance (see paragraphs 2.1, 2.2, and 2.3. above), and the timeliness of the grievance (see section 3.2 above). If the matter is properly grievable, the committee chair should proceed to schedule a pre-hearing conference with the parties to the grievance. If it is not properly grievable, the committee may either:
a. allow the grievant to amend the grievance statement in the pre-hearing conference if this will enable the grievant to prepare a properly grievable claim; or
b. proceed to section 9 below by preparing a report that dismisses the
grievance for reasons stated.
5. Pre-hearing Conference
5.1 The chair of the grievance committee shall promptly forward a copy of the grievance statement to the person(s) against whom the grievance is filed together with notice that they have two weeks within which to file a written response. The chair shall convene a pre-hearing conference with all the parties one week after the committee and the grievant receive the response(s) to the grievance, or as soon as practicable thereafter. At this meeting, the committee will review the written response with the grievant and may request modification of the written grievance statement if such revision would clarify the exact nature of the grievance. The only topics that may be discussed at the pre-hearing conference are the exact nature of the grievance, the identity of all involved parties, the redress sought, the hearings procedures, and the rights regarding third-party observers. The chair shall prohibit the parties from providing evidence or arguing the merits of the grievance at the pre-hearing conference. The chair shall ensure that the parties are fully informed as to the nature of the grievance procedures and the parties shall be provided with a copy of this grievance procedure.
5.2 During the pre-hearing conference, the grievant is to inform the committee if the grievant wishes to have an observer present, and if so, to identify that person and state whether the observer is an attorney. The other parties may have one observer per party attend the hearing if, and only if, the grievant has elected to have an observer present. Should any of the other parties elect to have an observer present, their observers must be identified to the committee prior to the beginning of the hearing.
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 NCSU Office of Legal Affairs may provide an attorney to advise and act as an observer for parties who are responding to a grievance 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 NCSU 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 NCSU 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 all other parties 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 All meetings constituting the grievance hearing shall be conducted in accordance with the following guidelines:
8.1.1 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.
8.1.2 Committee Participation
Hearings shall be conducted with the chair and all three committee members present. If the committee is unable to timely convene and hear the grievance 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, including the committee chair, that are necessary to have it function effectively. The request to disband or replace, and the decision of the chair of the faculty in response, must be in writing and be included in the Official Record.
8.1.3 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. what additional information or documentation, if any, 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 be present at any hearing. With the exception of persons specifically designated as third-party observers, grievance hearings are not open to spectators.
8.1.4 Relevance of Evidence
The strict rules of legal evidence do not apply and 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.
8.1.5 Testimony
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.
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.
8.1.6 Order of Presentation
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 should present his or her case through the grievant's own testimony, exhibits, and witnesses. If the committee decides that the grievant's evidence, if taken as entirely true, is insufficient to state a grievable matter justifying remedial action, then the committee shall proceed to dismiss the grievance. If the committee decides that the grievant's evidence is sufficient to state a grievable matter justifying remedial action, then the committee chair will ask the respondent(s) to present evidence through testimony of parties, exhibits, and 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. 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 in the committee chair's discretion so long as each party gets an opportunity to testify and ask questions of other parties and witnesses.
8.1.7 Questioning of Witnesses
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.
8.1.8 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 judgement 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 in evidence and to any records of the proceedings shall be strictly limited for the duration of the hearings procedure to members of the committee, persons who have a need to know as part of the process (witnesses, observers, etc.) and the parties.
8.1.9 Hearings Records
The chair of the committee shall tape record, or arrange to record through a court reporter, all hearings and maintain such other written records as it considers appropriate. No other tape recordings of the hearings will be allowed. At any stage prior to submission of the Official Record to the Office of 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 state personnel records law. Once the Official Record has been delivered to the Office of the Chancellor, or a grievance terminated, committee members may destroy extra copies of records, but any original or unique records, including personal notes of committee members, must be retained in accordance with state public records law and sent to the Faculty Senate office promptly.
8.1.10 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. grievance statement.
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.
8.1.11 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.
8.1.12 Prompt Action
The committee shall attempt to complete its task within six weeks after the first hearing, excluding the initial meeting of the committee and the pre-hearing conference.
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, veto the decision of the committee, or write the committee's report.
9.2 The grievance committee shall prepare a written report of its findings and recommendations based solely on material presented in the hearings. 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, and recommend action(s) for the chancellor to take. The committee should be careful not to simply substitute its judgement for that of the respondent(s) (e.g., the committee should not recommend that the grievant get tenure or a raise simply because 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). Except in non-reappointment cases, the committee may recommend a compromise solution not advanced by any party. The report shall include any minority views of committee members, and shall note the intent of any committee member to file a separate report. Failure of the committee to note such intent shall not prohibit any committee member from filing a separate report.
9.3 The chair of the committee shall send the committee's report, together with the Official Record of the grievance, to the chancellor. Copies of the report shall be sent to the parties and to the chair of the faculty.
9.4 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
The chancellor may accept or reject within sixty days 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.
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 information 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. Discharge of Grievance Committee
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.
13. Appeals from the Decision of the Chancellor
Within ten calendar days (see below), appeals from final decisions of the chancellor may be made, consistent with provisions of section 501 C (4) of The Code, to the appropriate appellate body as follows:
13.1 Board of Trustees and thereafter to the Board of Governors:
a. grievances concerning appointment, promotion, and compensation by a non- tenured faculty member or EPA professional employee;
b. other grievances that derive from or that are controlled by policies, rules or regulations of the Board of Trustees.
13.2 President and thereafter to the Board of Governors:
a. grievances concerning appointment, promotion, and compensation by a tenured faculty member or senior administrative official;
b. other grievances that do not derive from or that are not controlled by policies, rules or regulations of the Board of Trustees.
14. Time Limits on Appeals
The grievant must file a written notice of appeal from decision of the chancellor to the appropriate appellate body, with a copy to the chancellor, within ten calendar days of the grievant's receipt of the chancellor's final decision by registered return-receipt mail.
14.1 Board of Trustees and thereafter to Board of Governors:
If the Board of Trustees agrees to consider the appeal, it will do so on a schedule established by the chancellor, subject to any instructions received from the Board or from a committee of the Board which has jurisdiction of the subject matter of the grievance. The Board will issue its decision within 120 days after receipt of the notice of appeal; provided, that if the grievant fails to comply with the schedule established for perfecting and processing the appeal and thereby precludes a decision within 120 days, the Board in its discretion, may extend the decision period or dismiss the appeal. A grievant dissatisfied with a decision of the Board of Trustees must file written notice of appeal with the Board of Governors, by submitting such notice to the president, within ten days after the grievant's receipt of the decision by registered return-receipt mail. If the Board agrees to consider the appeal, it will do so on a schedule established by the president, subject to any instructions received from the committee of the Board which has jurisdiction of the subject matter of the grievance. The Board will issue its decision within ninety days after receipt of the notice of appeal; provided, that if the grievant fails to comply with the schedule established for perfecting and processing the appeal and thereby precludes a decision within ninety days, the Board in its discretion, may extend the decision period or dismiss the appeal.
14.2 President and thereafter to Board of Governors:
The schedule for submission of relevant documents, perfecting, and processing the appeal shall be established by the president. The president will issue the decision within sixty days after receipt of the notice of appeal; provided, that if the grievant fails to comply with the schedule established for perfecting and processing the appeal and thereby precludes a decision within sixty days, the president has the discretion to extend the decision period or dismiss the appeal. A grievant dissatisfied with the president's disposition of the appeal must file written notice of appeal with the Board of Governors, by submitting such notice to the president, within ten days after the grievant's receipt of the decision by registered return-mail. If the Board agrees to consider the appeal, it will do so on a schedule established by the president, subject to any instructions received from the committee of the Board which has jurisdiction of the subject matter of the grievance. The Board will issue its decision within ninety days after receipt of the notice of appeal; provided, that if the grievant fails to comply with the schedule established for perfecting and processing the appeal and thereby precludes a decision within ninety days, the Board in its discretion, may extend the decision period or dismiss the appeal.
15. 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 that could improve the grievance process. Any proposed changes in the procedure must be approved by the faculty senate and the chancellor.
APPENDIX A
Procedures for Selection of Grievance Committees and Grievance Committee Chairs
1. Composition of Grievance Panel
1.1 A grievance panel from which potential 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 rank of 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 others with equivalent rank, with the rank being that rank 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.
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.
2. Selection of Grievance Committee Members
2.1 The chair of the faculty shall convene the elected officers of the Faculty Senate for the purpose of selecting members of a grievance committee from the pool of faculty and non-faculty EPA employees elected to the grievance panel. Members of the committee are to be selected as follows:
2.1.1 Prospective Members
Names of all grievance panel members are drawn at random and recorded in the order drawn so as to compose four lists of names:
a. panel members from the grievant's college or constituency;
b. tenured professors and tenured associate professors from other colleges; and
c. untenured professors and associate professors, assistant professors, instructors, lecturers, and non-faculty EPA employees, from other colleges.
Except when the grievant is from the general constituency, names of general constituency members are allocated at random to lists b, and c. Prospective grievance committee members shall consist of all persons in list a and the first five persons in lists b and c.
2.1.2 Challenges
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. 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.
2.1.3 Disqualifications
After the challenge process is complete, the chair of the faculty shall contact the first remaining prospective committee member on each list.
The chair shall inform them 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 themselves, the chair of the faculty shall contact additional persons in order from each list until four members willing to serve are identified. 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 that constituency. 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.
2.1.4 Formation of Committee
A three-member grievance committee shall be formed by selecting one member from each of the identified groups after challenges and disqualifications. In the event of disqualification, additional names are drawn until a member willing to serve is identified. The chair of the faculty shall provide the provost and vice chancellor, and the Office of Legal Affairs with a statement of the grievance and the grievance committee membership.
3. Selection of Grievance Committee Chair Panel
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. Each member of the chair panel 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.
3.2 The chair of the faculty shall make sure that there is sufficient supply of trainees to satisfy the requirements stated in section 3.1. Recognizing that non-faculty EPA employees should be represented on the grievance committees that deal with non- faculty EPA employee grievances, the faculty chair should see to it that enough non- faculty EPA employees receive training, or at least participate in the grievance proceedings, to gain sufficient experience to be eligible to serve on grievance committees as either members or as chairs. The number of non-faculty EPA employees thus trained shall not be less than two. To facilitate the implementation of this requirement, election to the grievance panel (see section 3.1 above) by the colleges should include non-faculty EPA employees. Membership by non-faculty EPA employees in the grievance panel shall be rotated among the colleges.
3.3 The chair of the faculty shall select from the panel a grievance committee chair to preside over each grievance for which the chair has received a request for the appointment of a grievance committee. 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 any particular grievance and shall provide each party to the grievance with the opportunity to challenge any potential chair for cause. The grievance committee chair shall have the responsibility for presiding over the grievance, addressing all procedural matters pertaining to the grievance, transmitting the committee's findings and recommendations and the Official Record of the grievance to the chancellor, and attending to the time deadlines set forth in the grievance procedure.
3.4 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, how to effectively organize the evidentiary record and compile the official grievance record, and what to include in the committee report and recommendations.
