Faculty/EPA Grievance Appeals to BOT
POL 01.05.8
Authority: Board of Trustees
History: First Issued: November 10, 1979. Last Revised: July 14, 2003. Additional History Information.
Related Policies: UNC Code, Section 501C(4), Section 603, and Section 607
Contact Info: Vice Chancellor and General Counsel (919-515-3071)
1. INTRODUCTION
1.1 These appeal procedures apply to employment grievances filed by faculty,
SAAO-Tier II employees and EPA Professionals ("EPA Grievances").
By delegation of the Board of Trustees, appeals of EPA grievances are heard
by the Academic Affairs and Personnel Committee of the Board of Trustees.
1.2 The Office of the Provost and Executive Vice Chancellor for Academic
Affairs, in consultation with the Office of Legal Affairs, shall be responsible
for scheduling all appellate hearings, setting the time deadlines and otherwise
administering the procedures set forth in this policy.
1.3 The Office of Legal Affairs is responsible for compiling the record on
appeal and forwarding the record to the Academic Affairs and Personnel Committee.
2. NOTICE OF APPEAL
2.1 A grievant appealing the disposition of his or her grievance by the
Chancellor or Chancellor's designee must file written notice of appeal with
the Board, by submitting such notice to the Provost and Executive Vice Chancellor
for Academic Affairs, by certified mail return receipt requested, within 10
days after the grievant's receipt of the decision.
2.2 If the notice is received in a timely manner, the Provost and Executive
Vice Chancellor for Academic Affairs will notify the employee in writing of
the time period within which the employee must file a clear and concise written
statement specifying of the grounds for appeal, the policy and specific sections
of the policy under which the appeal is made, the precise remedy sought, and
a summary of facts upon which the grievant relies in support of his or her
appeal. Failure to submit the statement within the time frame established
by the Provost and Executive Vice Chancellor for Academic Affairs shall result
in dismissal of the appeal.
3. DETERMINATION OF JURISDICTION AND GROUNDS FOR APPEAL
3.1 Review of an appeal by the Board of Trustees is not automatic. Before
agreeing to consider an appeal, the Board of Trustees Academic Affairs and
Personnel Committee will determine whether the subject matter of the appeal
is within the Board's jurisdiction as defined by the UNC Code and NC State
University's grievance procedure, and whether the grievant has alleged facts
which, if proven to be true, would constitute grounds for relief. This determination
will be made solely by reference to the appeal statement submitted by the
grievant.
3.2 No review of a decision of the Chancellor or Chancellor's designee with
regard to non-reappointment of a tenure track faculty member under the Regulations
on Academic Freedom and Tenure (Chapter VI of The Code) will be granted unless
the grievant alleges facts supporting his or her contention that the decision
was based upon one or more of the following grounds:
3.2.1 The faculty member's exercise of rights guaranteed by either the
First Amendment to the United States Constitution or Article I of the North
Carolina Constitution;
3.2.2 Discrimination based upon the faculty member's race, sex, religion,
age, disability or national origin;
3.2.3 Personal malice; or
3.2.4 Material procedural irregularities, meaning departures from prescribed
procedures that cast substantial doubt on the validity of the decision being
appealed.
3.3 No review of other grievances pursuant to Section 502 C(4) of the Code
will be granted unless the grievant alleges facts supporting one or more of
the following grounds:
3.3.1 Material procedural irregularities, meaning departures from prescribed
procedures that cast substantial doubt on the validity of the decision being
appealed;
3.3.2 That the decision of the Chancellor or Chancellor's designee reflected
a disregard or incorrect interpretation of established institutional policies
or applicable state or federal law; or
3.3.3 That the decision of the Chancellor or Chancellor's designee was
not supported by the preponderance of evidence.
4. SUBMISSION OF RECORD AND OTHER DOCUMENTS
4.1 If the Academic Affairs and Personnel Committee agrees to hear the appeal,
the Committee shall consider the appeal statement, any response to the appeal
statement by the Chancellor or Chancellor's designee, and the Official Record
of the Grievance hearing.
4.2 Notice of the proposed record shall be sent to the grievant who may submit
written objections to the exclusion or inclusion of material in the Record.
The Committee will resolve all disputes concerning the Record. The Committee's
decision is final.
4.3 The Chancellor or Chancellor's designee may also submit a written response
to the grievant's appeal statement. The grievant shall receive copies of any
response to the appeal statement that may be submitted.
4.4 The Committee may consider any information it deems relevant to disposition
of the Appeal. If the Committee considers information other than that submitted
by the parties, such information will be included within the record of the
proceedings and provided to the parties.
5. THE HEARING
5.1 The Provost shall establish a time schedule for the hearing of the appeal
and provide notice to the Grievant.
5.2 The Committee shall decide the appeal based upon the appeal statement
and response, if any, and the record of the grievance. A personal appearance
by the grievant with or without legal counsel is not a matter of right; a
grievant, however, may make a written request for an opportunity to address
the Committee either personally or through counsel. If the request is granted,
a verbatim transcript of the appearance will be made.
5.3 The Committee's decision shall be final except in cases where the decision
of the committee is to reverse the decision being appealed, the Committee
shall submit to the Board of Trustees a report including its findings and
recommendations. The Board of Trustees shall make the final decision.
5.4 All proceedings relating to hearing and deciding the appeal shall be
conducted by the Committee and by the Board of Trustees in closed session.
6. STANDARD OF REVIEW AND BURDEN OF PROOF
6.1 The standard of review is clear and material error.
6.2 The grievant has the burden of proving clear and material error.
7. DISPOSITION OF THE APPEAL
7.1 The Academic Affairs and Personnel Committee or the Board of Trustees
will issue a decision within 120 days after receipt of the grievant's notice
of intent to appeal. However, if the grievant fails to comply with any schedule
established for perfecting and processing the appeal and thereby precludes
a decision within 120 days, the Academic Affairs and Personnel Committee in
its discretion, may extend the decision period or dismiss the appeal.
7.2 The grievant will be notified in writing of the decision of the Academic
Affairs and Personnel Committee or the Board when its review of the case is
completed and a decision has been rendered. The notification will also inform
the grievant of any rights to seek review by the Board of Governors. The notification
will be sent by certified mail, return receipt requested.
