2.17 Grievances

Definition of a Grievance

A grievance is an effort to seek redress from an action or condition caused by one of the following:

1. discrimination as defined in Section 2.3.1 based on age, sex, race, religion, national origin, sexual orientation or other basis prohibited by law
2. denial of academic freedom
3. denial of fair procedures in consideration for tenure, renewal of contract or promotion
4. a violation, misinterpretation or inequitable application of the Faculty Handbook
5. manifestly unfair or clearly inequitable treatment

Standards

1. Any member of the College faculty who encounters an action or situation against which s/he wishes to petition for redress (consistent with 2.17.1 above) is entitled to access to the grievance procedure established in this section. Ordinarily, a grievance must be filed within six months of the event(s) triggering the grievance or within six months of the first knowledge of the event(s) triggering the grievance, unless another section of this handbook specifies an earlier deadline.
2. In general, a grievance is filed only when administrative correction of the situation or condition has been denied; however, failure to avail oneself of administrative remedies does not restrict access to the grievance procedure, although such perusal may be recommended by the Grievance Committee as the appropriate first step in resolving the matter in some cases.
3. A faculty member availing himself or herself of the grievance procedure is not to be subject to recrimination in any form for having done so; nor, however, is s/he exempt from usual and customary evaluation because a grievance procedure is in progress. To the extent possible and consistent with the necessity of a full and just examination of the matters at issue, those involved in the grievance procedure continue their normal academic activities.

Procedures

1. A Grievance Committee, consisting of nine full-time teaching faculty, elected one- third each year by the faculty at the time of election in the spring, is established to hear grievances.  Members of the Grievance Committee may not be Faculty Conveners or members of the Tenure, Promotion and Review Committee at the same time. Note: Membership on the Grievance Committee is a 12-month commitment, and members may need to be available during academic breaks (winter, summer, etc.). Faculty members agreeing to run for election to this committee should be aware of this so that they may consider their break situations and availability.
2. Any grievance should be addressed to the Presiding Clerk of the faculty. Upon receiving notice of the grievance, the Faculty Conveners shall meet informally with the parties in an effort to redress grievances or to otherwise resolve the problem.
   For this purpose, Faculty Conveners means persons who have been elected to the offices of Presiding Clerk, Assistant Presiding Clerk, and Recording Clerk in the academic year in which the grievance is filed. If a Faculty Convener has a conflict of interest or is otherwise unable to assist substitutions to the extent necessary shall be made from the following list:
   1. Assistant Presiding Clerk-elect (for the following year in which the grievance was filed)
   2. Immediate past Presiding Clerk
   3. Recording Clerk-elect
   4. Immediate past Recording Clerk
   5. Past Presiding Clerks in order of most recent
3. In the event the Faculty Conveners are unable to resolve the problem, the grieving party may request a formal Grievance Committee hearing within seven days of the final informal meeting of the Faculty Conveners. This request should be addressed to the Presiding Clerk.
4. The Presiding Clerk shall see that each party select one individual from the Grievance Committee to review the grievance. The two individuals selected shall in turn pick a third member of the Grievance Committee for this purpose. The third member will clerk the hearing of the Grievance Committee. Grievance Committee members who are in the same academic area as a party, or who serve as Area Coordinator for a party, or who otherwise have a conflict of interest shall be disqualified from reviewing the grievance.
5. The following rules shall apply to the hearing:
   1. The grieving party and the named party shall have the right to representation by counsel at all stages of the hearing process.
   2. At least two weeks’ notice shall be given to both parties prior to the hearing date. Either party can demand 30 days’ notice.
   3. Either party may move in writing for a continuance after setting forth the reasons, therefore. The Grievance Committee may, in its discretion, grant or overrule the motion, as the interest of justice may require.
   4. In hearings involving the dismissal or non-renewal of a non-tenured faculty member, the faculty member bears the burden of proving that the administration's decision to terminate or non-renew was clearly erroneous.
   5. Both parties may present witnesses and other evidence on their own behalf. Although no formal rules of evidence apply during the hearing, the committee may, at its discretion, restrict evidence that is unduly repetitive, misleading, or prejudicial.
   6. Counsel for either party may attend the hearing, but s/he may not participate directly in the proceedings. The Grievance Committee may restrict questioning that does not tend to elicit facts probative of the matters to be determined.
6. The Grievance Committee shall issue written findings to the President who shall make the final decision. In the event that an act or omission by the President is the subject matter of a grievance, the Executive Committee of the Board of Trustees shall make the final decision. The mere fact that the President issues a judgment concerning a grievance shall not be construed as "an act or omission by the President" for the purposes of exercising review by the Executive Committee of the Board of Trustees.