NC State University

Grievance

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


Authority: Board of Trustees

History:

First Issued:

September 20, 1996 Archived Version (Effective September 20, 1996 through November 20, 1997) - Renamed from mediation procedure to grievance procedure and made other amendments.

Revisions:

November 21, 1997 Archived Version (Effective November 21, 1997 through September 20, 2000) - Policy reformatted, no substantive changes.

September 21, 2000 Archived Version (Effective September 21, 2000 through November 21, 2002) - Reformatted and revised to be more user friendly. Substantive changes made to clarify the grievance process, provide for training of committee chairs, and to reduce the time for the entire process to run its course.

November 22, 2002 Archived Version (Effective November 22, 2002 through November 20, 2003) - Revisions fall into four categories: (1) revisions necessitated by new Board of Governors policy regarding SAAO positions and recent changes to Board of Trustees Policy 05.15.1 regarding Employees Exempt from the State Personnel Act (EPA), (2) revisions to address proposed changes to University Resolution Procedures for Harassment Complaints; (3) revisions to address concerns raised by a faculty grievance committee and (4) editorial clarifications.

November 21, 2003 Archived Version (Effective for all grievances filed after January 1, 2004) - This revised policy resulted primarily from changes to Board of Governors policies relating to mediation and grievances filed pursuant to Section 604 of the Code (appeals of non-reappointment decisions by tenure track faculty) and Section 607 of the Code (grievances related to other employment decisions recognized by Section 607). In addition, changes are proposed to address inconsistencies between the grievance procedure and other university regulations (identified by grievance committees since the last revisions to the procedure), to address other matters identified as a result of reviewing and updating the procedure, including minor editing for clarification and grammar or deletion of unnecessary language; and to address changes recommended by members of the Select Subcommittee of the Government Committee. (This policy was adopted on 3/21/03 by the BOG with an effective date of July 1, 2003. Then on 6/18/03 this policy was amended by the BOG to make it applicable to faculty grievances filed on or after January 1, 2004.)

February 20, 2004 Archived Version (Effective February 20, 2004 through July 11, 2006) – Revised to amend section 2.4.1 to clarify that for purposes of this section and section 12, a denial of promotion coupled with the denial of tenure constitutes a non-reappointment decision under Section 604 of the Code. This clarification makes clear the grounds upon which a grievance involving denial of promotion and tenure may be filed and the decision and appeal route for a grievance decision addressing both a denial of promotion and denial of tenure which constitutes a non-reappointment under Section 604 of the UNC Code.

July 12, 2006 Archived Version (Effective July 12, 2006 through January 30, 2008) - These revisions are proposed primarily to address issues that have been identified in grievances hearings that have been held since the policy was last revised (for example, clarification is provided on (a) the handling of grievances where 603 discharge for cause hearings are initiated, (b) the scope of the grievance procedure where other procedures are applicable, (c) extension of the grievance filing deadline, (d) the composition of committees to avoid potential claims that the panel could not fairly and neutrally decide the grievance). In addition, changes are proposed to address inconsistencies between the grievance procedure and other university regulations (for example, UNC has repealed the regulation relating to personal malice and incorporated it into another policy necessitating a change to the policy reference in the grievance procedure), to address other matters identified as a result of reviewing and updating the procedure, including minor editing for clarification and grammar or deletion of unnecessary language, and to incorporate current practices (for example clarifying the committee’s review of the grievance on jurisdictional grounds and incorporating language that recognizes appeals to the chancellor on jurisdictional issues).

January 31, 2008 Current Version - Revised section 2.3 to be consistent with UNC Policies 300.1.1, III-C and 300.2.1, IV pursuant to the authority granted to the Vice Chancellor and General Counsel by the Board of Trustees.

Related Policies:
UNC Code Section 604 - Appointment, Nonreappointment and Requirements of Notice and Review
UNC Code Section 607 - Faculty Grievance Committee for Constituent Institutions
UNC Policy Manual 101.3.1 - Grievances filed pursuant to Section 604 of the UNC Code, see Definition of Personal Malice in Section II (B)
UNC Policy Manual 101.3.2 - Grievances filed pursuant to Section 607 of the Code
UNC Policy Manual 300.1.1 - Senior Academic and Administrative Officers, see Section III.C
NCSU POL05.15.1 - Employees Exempt from the State Personnel Act (EPA), see section 5
NCSU POL05.35.1 - Mediation Policy
NCSU REG05.35.1 - Mediation Procedures for Faculty and Staff
NCSU POL01.05.8 - Faculty/EPA Grievance Appeals to BOT

Additional References:
Role of University Counsel in the Grievance Process
SAAO Definition
Conducting Faculty/EPA Grievance Hearings: A Guide for Grievance Committees and Grievance Committee Chairs
Checklist of NCSU Grievance Procedure Responsibilities of the Chair of the Faculty

Contact Info: Vice Chancellor and General Counsel (919-515-3071)