NC State University

Grievance

POL 05.25.1

September 20, 1996 Archived Version (Effective September 20, 1996 through November 20, 1997)

Grievance Procedure For Faculty Senior Academic Administrative Officers Tier II (SAAO Tier-II) And Epa Professional Employees

Authority:  Board of Trustees

History:  First issued: September 20, 1996;  Last Revised: September 20, 1996   Additional History Information.

Related Policies:  UNC Code: Appendix I.C


24.01.1 GRIEVANCE PROCEDURE FOR FACULTY AND EPA PROFESSIONAL EMPLOYEES

1. PURPOSE

1.1 The purpose of this Grievance Procedure is to provide a mechanism whereby an EPA employee or other EPA Professional Employee (defined as all EPA "covered positions" specified in the "Policy of the UNC Board of Governors for University Employees Exempt from the State Personnel Act" and hereinafter referred to as "EPA employee") may have a grievance (see Section 1.a) heard and evaluated by a committee of EPA employees in an unbiased and confidential manner to the end that an equitable resolution to the problem may be achieved. A Grievance Committee can be formed only after the EPA employee has appealed the grievance without satisfactory resolution to the individual’s department head and dean.

1.2 Faculty and EPA professionals may also seek to resolve grievances and other disputes in accordance with the University Mediation Procedures. 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 the decision if it finds that the decision was reached improperly. It is not the purpose of this Grievance Procedure to serve as a court of law. Therefore, active participation by legal counsel in any phase of the grievance process is not allowed.

1.3.1 Definition of Grievance

In the context of the Grievance Procedure a grievance is defined as a complaint alleging that a decision, which has adversely affected an individual EPA employee’s professional or academic capacity, has been reached improperly or unfairly.

1.3.2 Exclusions

The Grievance Procedure for Faculty and EPA Professional Employees can not 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, suspension, demotion in rank, or termination for faculty with tenure as defined in UNC Code section 603; or cases of disruption. (these grievances may be appealed through the Faculty Hearings Procedure, except for disruptions, which have their own procedure.)

c. nonrenewal, nonreappointment, or non-extension of a contract upon expiration of an existing contract for anyone other than tenure-track faculty and EPA Professionals.

1.3.3 Nonreappointment and Discontinuation of Tenure-track Faculty and EPA Professionals

a. A tenure-track EPA employee who has been notified of a terminal appointment or nonreapointment has the right to have the case reviewed by a Grievance Committee only if, after interviews with the individual’s department head and dean, the individual concludes that the decision not to reappoint was based upon one of the following:

1. the EPA 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;

2. discrimination on the basis of race, sex, religion, age, disability, or national origin;

3. personal malice (including sexual orientation-based discrimination); or

4. 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 nonreappointment decision was based upon any of the above impermissible reasons.

b. An EPA professional who has been notified of nonreappointment or discontinuation has the right to have the case reviewed by a Grievance Committee only if, after an interview with the individual’s supervisor, the individual concludes that the discontinuation or nonreappointment was based upon one of the impermissible grounds listed in Section 600 of the "NCSU Employment Policies for University Employees Exempt from the State Personnel Act."

2. COMPOSITION OF PANEL

2.1 The pool of potential Grievance Committee members is called the "Grievance Panel," which is constituted as follows:

2.1.1 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 Senate 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, one from the rank of 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.

2.1.2 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.

3. FILING A GRIEVANCE

3.1 After the EPA employee (grievant) has appealed the decision without avail to the individual’s department head and dean, the grievant should review all relevant material, including the grievant’s personnel files. The grievant should then file a written request with the chair of the Faculty Senate 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 should include the following:

3.1.1 the exact nature of the grievance;

3.1.2 all parties against whom the grievance is filed;

3.1.3 the redress sought; and

3.1.4 a statement that members of the Grievance Committee are designated as properly authorized agents who may examine the grievant’s personnel files.

3.2 In nonreappointment cases, this request should be filed before termination of the grievant’s employment, and in all cases the request should be filed within eight 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 Senate, there are significant extenuating circumstances. In nonreappointment cases, the act of filing a grievance does not constitute grounds for extension of the contract.

4. SELECTION OF GRIEVANCE COMMITTEE MEMBERS

4.1 Upon receipt of the written request for the formation of a Grievance Committee, the chair of the Faculty Senate shall convene the elected officers of the Faculty Senate for the purpose of selecting members of the Grievance Committee from the pool of EPA employees elected to the Grievance Panel. Within two weeks following receipt of the written request, members of a Grievance Committee are to be established as follows:

4.1.1 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. professors from other colleges;

c. associate professors from other colleges; and

d. assistant professors, instructors, lecturers, etc., from other colleges.

Except when the grievant is from the General Constituency, names of General Constituency members are allocated at random to lists b, c, and d. Prospective Grievance Committee members shall consist of all persons in list (a) and the first five persons in lists b, c, and d.

4.1.2 Challenges

The chair of the Faculty Senate shall meet or consult separately with each party and allow each the opportunity to remove, without cause, one prospective member from each of the four 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 Senate shall make the decision whether to disqualify for cause, and that decision along with the written request will be made 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.

4.1.3 Disqualifications

After the challenge process is complete, the chair of the Faculty Senate 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 the have any reason to disqualify themselves. When persons disqualify themselves, the chair of the Faculty Senate 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 Senate 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.

4.1.4 Formation of Committee

The five-member Grievance Committee shall be formed from those prospective members remaining after challenges and disqualifications as follows:

a. the identified member in each of the four groups; and

b. a member drawn at random from the remaining names in lists 2, 3, and 4. In the event of disqualification, additional names are drawn until a member willing to serve is identified. The chair of the Faculty Senate shall provide the provost and vice chancellor, and the Office of Legal Affairs with a statement of the grievance and the Grievance Committee membership.

4.1.5 Charge of Committee

Once the Grievance Committee has been selected, the chair of the Faculty Senate shall promptly convene the Committee for the purpose of electing its chair from the four members who are not from the grievant’s college or constituency. At this meeting, the chair of the Faculty Senate shall distribute copies of the grievance statement to the Committee members. The chair of the Faculty Senate shall also distribute copies of the Grievance Procedure for Faculty and EPA Professional Employees and review it with the Committee.

4.1.6 Prior to the pre-hearing conference, the Grievance Committee should decide if the grievance statement should be dismissed for failure to state a properly grieveable matter. Relevant considerations include, but are not limited to, the personal status of the employee and the subject matter of the grievance, per paragraphs (1.3.1, 1.3.2, and 1.3.3) above and the timeliness of the grievance per paragraph 3 above. If the matter is properly grieveable, the Committee should proceed to schedule a pre-hearing conference. If it is not properly grieveable, 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 grieveable claim; or

b. proceed to paragraph 9 below by preparing a report that dismisses the grievance for reasons stated.

5. PRE-HEARING CONFERENCE

5.1 The Grievance Committee shall promptly instruct the persons against whom the grievance is filed that they must send a written response to the Committee and grievant within two weeks after the receipt of the grievance statement. The Committee shall convene a pre-hearing conference with all of the parties one week after the Committee and the grievant receive the response(s) to the grievance, or at a later date if necessary. At this meeting, the Committee will review the written request with the grievant and may request modification of the written grievance statement if such revision would clarify the exact nature of the grievance procedures. The Committee shall ensure that the parties are fully informed as to the nature of the grievance procedures. 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 Committee shall prohibit the parties from providing evidence or arguing the merits of the grievance at the pre-hearing conference. 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 attending 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 any part of the grievance process is not allowed, the grievant is entitled to have one third-party observer of the grievant’s choice present during the grievance hearings. A third-party observer may be an attorney, however, during the grievance process, 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 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 or who advises the Grievance Committee on procedures may not advise or participate in presentation of the Committee’s recommendation to the chancellor or in any appeals to the Board of Trustees.

7. GRIEVANCE HEARINGS - TIMING AND INFORMATION EXCHANGE

7.1 Only if the Committee 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 of the hearings.

7.2 The Committee may require the parties to exchange witness lists and copies of exhibits the parties wish to introduce as evidence, and the Committee 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 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.

8. GUIDELINES FORTH ECONDUCT 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 of any amendment to the grievance.

8.1.2 Quorum

Hearings shall be conducted with all five Committee members present; however, by unanimous agreement of the parties, hearings may be held with the chair and three other members present. If the Committee fails to get a quorum in a timely matter, or otherwise is not functioning effectively, any Committee member or party to the proceeding may ask the chair of the Faculty Senate to disband the Committee or replace members who are delaying or otherwise obstructing the Committee’s progress. The chair of the Faculty Senate shall have the discretion to make any changes to the Committee that are necessary to have it function effectively. The request to disband or replace, and the decision of the chair of the Faculty Senate in response, must be in writing and be included in the Official Record.

8.1.3 Control of Hearings

The Grievance Committee, through its chair, 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 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, rules of evidence and 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 Grievance Committee shall not be bound by strict rules of legal evidence and may admit any information it determines to be pertinent. The Committee shall have access to any available information it considers relevant to the case. If any heresay 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, through its chair, shall determine whether information or testimony is material and relevant to the issues involved in the grievance. With a majority vote of the Committee members, the chair 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.

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 determines that testimony of the witness should be admitted into evidence, the Committee 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 may, at its discretion, call a recess so that reasonable time is provided for the examination of all evidence 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 sufficient to state a grieveable matter justifying remedial action, then the Committee 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 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 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’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 shall have the prerogative to determine the appropriateness of all questions and the method of questioning. The Committee 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 the 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 Senate 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 Hearing records

The Grievance Committee shall tape record, or 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 immediately.

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 at that point, 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 to the chair of the Faculty Senate, 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 consent by 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.

8.1.12 Basis of Recommendations of the Committee

Any and all recommendations of the Grievance Committee shall be based solely on material presented in the hearings. In cases of nonreappointment, the decision of the Committee shall be limited solely to determining whether or not the nonreappointment decision was based upon one of the impermissible grounds of paragraph (1.3.3) above.

8.1.13 Prompt Action

As a general guideline, a Grievance Committee shall attempt to complete its task within six weeks after the first hearing, excluding the pre-hearing conference

9. REPORT OF GRIEVANCE COMMITTEE

9.1 The Grievance Committee shall decide whether to sustain all or any part of the grievance and shall prepare a written report of its findings and recommendations. The Committee’s final report shall be transmitted to the chancellor, to the parties, and to the chair of the Faculty Senate.

9.2 The report should state a separate finding for each particular item of grievance, should make findings that resolve the material issues of fact that have been disputed, and should recommend action(s) for the chancellor to take. 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 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. In addition, the Committee may send a separate report to the chair of the Faculty Senate and the chancellor recommending any changes within the University that might prevent similar situations in the future, or any proposed improvements in the grievance procedure, including additional circumstances under which it would be appropriate to hear nonreappointment grievances.

10. REPONSE 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. In consideration of 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 rejects any of the findings or recommendations of the Committee, the chancellor shall notify the Committee members in writing, giving his/her specific reasons for not accepting their findings or recommendations. Copies of all correspondence between the chancellor and the Committee shall be transmitted to the parties and the chair of the Faculty Senate. The chancellor shall provide the opportunity for the Committee and parties to respond to the chancellor’s decisions. The chancellor shall notify the grievant of the final decision by registered return-receipt mail.

11. RECONSIDERATION BY GRIEVANCE COMMITTEE

If, while reviewing of the report of the Committee, the chancellor finds that one or more relevant facts were omitted from the Committee’s deliberations, the chancellor shall inform the Committee and parties. The chancellor may then refer these facts to the Committee for reconsideration. The Committee shall the reconsider the entire grievance in light of the new information, and may call for additional information or testimony.

The Committee shall submit its revised report to the chancellor, who shall then accept or reject any or all findings and recommendations of the Grievance Committee within sixty days. The procedures of the preceding paragraph (Response of the Chancellor to the Report of the Committee) shall then be applicable.

12. OFFICIAL RECORD

12.1 The Official Record of a Grievance Hearing shall consist of all correspondence pertaining to the grievance and every item, piece of information, and document 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.

12.2 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.

12.3 Exhibits should be numbered sequentially and identified by party; e.g., Grievant’s Exhibit No. 1 or Committee Exhibit No. 3 or Department Head Exhibit No. 2. The exhibit numbers should be written on the exhibits, and pages numbered, at the time they are first presented to the Committee.

13. DISCHARGE OF GRIEVANCE COMMITTEE

Upon delivery of the Official Record of the Grievance Hearing to the Office of the Chancellor, the Grievance Committee will have completed its work and shall then be officially discharged in writing by the chancellor.

14. 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 follow:

14.1 Board of Trustees and thereafter to the Board of Governors:

14.1.1 grievances concerning appointment, promotion, and compensation by a nontenured EPA employee or EPA professional employee;

14.1.2 other grievances that derive from or that are controlled by policies, rules or regulations of the Board of Trustees.

14.2 President and thereafter to the Board of Governors:

14.2.1 grievances concerning appointment, promotion, and compensation by a tenured faculty member or senior administrative official;

14.2.2 other grievances that do not derive from or that are not controlled by policies, rules or regulations of the Board of Trustees.

15. 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.

15.1 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 soon 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.

15.2 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