Current through all regulations passed and filed through September 16, 2024
This rule applies to the faculty of the
school of law and all grievances that are not alleged to be a violation of the
collective bargaining agreement between the university of Akron and the
American association of university professors, the university of Akron chapter,
which became effective in 2005.
(A)
The statement of
these procedures, to be followed by the faculty rights and responsibilities
committee, was approved by the board on December 21, 1974.
(B)
Preamble.
Set forth below are the procedures that
shall be followed in the consideration of grievances by the faculty rights and
responsibilities committee of faculty senate. These procedures are supplemented
by a set of policies which shall govern the committee's implementation of these
procedures.
(C)
Procedures.
(1)
Filing of complaint.
(a)
A member of the
university of Akron faculty who wishes to place a grievance before the faculty
rights and responsibilities committee must put the complaint in writing, sign
it, and file it with the chair of the committee. The complainant must also
authorize the committee to view the complainant's personnel
files.
(b)
The complaint must include the steps the complainant
has already taken in an effort to resolve the grievance. These steps normally
should consist of pursuing fully the procedures established by the department
and college, and consulting with the department head chair, dean, and the
senior vice president and provost and chief operating officer.
(c)
The complaint
must also specify the date upon which the complainant first became cognizant of
the grievance. The complainant must demonstrate the validity of this date to
the best of the complainant's ability. The complaint must be filed within six
months of this date, such date to be determined by the committee should a
dispute about the date arise.
(d)
Upon receipt of a
complaint, the chair shall transmit a copy of the complaint to the party or
parties against whom a complaint has been lodged.
(2)
Initial
review.
(a)
Within seven days after receiving a complaint, the chair
shall schedule a meeting of the full committee. The complainant shall be
notified of the meeting and should be in attendance to answer whatever
questions might arise concerning the complaint.
(b)
After reviewing
the complaint, and in closed session, the committee shall vote to accept or
reject the complaint. A simple majority vote of the full committee shall be
required to accept the complaint and to submit it to further
investigation.
(3)
Investigation of grievance.
(a)
If the complaint
is accepted by the committee, the chair shall immediately appoint one or more
committee members to meet privately with the complainant and one or more other
committee members to meet privately with the party or parties against whom the
complaint has been lodged.
(b)
The appointed
committee members shall consider copies of whatever records, documents, or
other written materials that are relevant to the controversy. All issues shall
be clarified and all information material to the grievance shall be made
available to the committee at this time.
(c)
Any member of the
university community shall appear before the committee as a witness upon
request and shall cooperate fully as long as the matter has not been referred
to the courts, or a quasi- legal body such as the Ohio civil rights commission
or the equal employment opportunity commission, etc., and a licensed and
practicing attorney has not become actively involved by participation in the
university grievance procedures.
(4)
Intermediate
review.
Within fifteen days following the
appointment of committee members, they shall complete their investigations and
report their findings and recommendations to the full committee, who shall vote
to continue consideration of the complaint or to reject it. Again, a simple
majority vote of the full committee is required to pursue
conciliation.
(5)
Conciliation.
(a)
If the committee
decides to submit the grievance to conciliation, a conciliation subcommittee
shall be formed consisting of the previously appointed investigating members
and one additional committee member who shall serve as chair and who shall be
selected by agreement of both parties or otherwise appointed by the chair of
the full committee.
(b)
Within two weeks of the appointment of the conciliation
subcommittee, it shall hold a meeting to which all parties to the dispute and
the senior vice president and provost and chief operating officer shall be
invited in writing. At this meeting, which shall be confidential and informal
in nature, the committee members shall attempt to aid the parties in achieving
a voluntary resolution of their differences.
(c)
At the conclusion
of the conciliation, the subcommittee chair shall prepare a report for the full
faculty rights and responsibilities committee indicating only whether or not
the grievance was resolved by conciliation.
(6)
Final
review.
(a)
In
those instances where conciliation proves unsuccessful, and when the
complainant requests, the chair shall promptly schedule a final comprehensive
review before the entire committee. All parties to the dispute shall be
invited, in writing, at least two weeks before the scheduled review, to present
their case before the committee.
(b)
Although the
review shall be treated with sensitivity, and intended primarily to inform
fully the entire committee of all the issues, all parties shall have the right
to be advised by counsel if they so desire.
(c)
Within two weeks
after the review, the committee shall complete its deliberation of the matter
and shall decide whether to reject the complaint or to submit recommendations
to the president. The decision to report to the president and each
recommendation to be made to the president requires a simple majority vote of
the full committee. Within two weeks of its final action, the faculty rights
and responsibilities committee shall forward a copy of its findings or
recommendations to the complaint and to the administrative officer whose
recommendation is under appeal, as well as to the administrative officer at the
next level of administrative review.
(d)
In any event, the
decision and recommendations of the committee shall be transmitted to the
president with copies to the parties, the senior vice president and provost and
chief operating officer, and the secretary of the faculty senate. The president
shall inform the committee of any action in the matter within thirty days of
receiving the decision and recommendations. The administrative officer
receiving any findings or recommendations from the committee shall inform all
parties of his/her decision within thirty days after receiving the rights and
responsibilities committee documents.
(D)
Implementation of
policies.
(1)
Purview. The committee, in accordance with its general
charge as stated in the bylaws of the faculty senate, may consider any
grievance relating to faculty well-being, rights, and
responsibilities.
(2)
Presidential involvement. The president of the
university shall not be involved in the grievance procedure until such time as
the committee rejects a grievance or the committee, after completing the final
review, decides to submit its recommendations to the president. Nor shall
actions proposed to the board by the president in the regular course of
business preclude consideration of a grievance by the committee. Dismissal or
suspension of a faculty member from teaching duties during grievance procedures
is justified only if immediate harm is threatened by
continuance.
(3)
Grievance file. Each grievance submitted to the
committee shall be assigned a file and file number. All documents pertinent or
related to the grievance shall be kept in the file. The file must be maintained
by the chair and transmitted to the successor. The file shall be treated with
sensitivity and available only to the members of the committee. In all reports
external to the committee the grievance shall be referenced only by its file
number.
(4)
Committee report. When the committee has completed its
consideration of a grievance, it shall report to faculty senate specifically
that,
"a grievance was received by the
committee and assigned file number ______ . The committee has completed its
consideration of the grievance and has (a) rejected the complaint, or (b)
assisted in resolution of the complaint by conciliation, or (c) conducted a
comprehensive review and has submitted a report to the president."
In the latter case, the report shall
conclude with the statement that:
"the president (a) accepted the
committee's recommendations, or (b) accepted the committee's recommendations
with modifications, or (c) rejected the committee's
recommendations."
Such reports shall be made once a
semester.
(5)
Sanctions. In the case that sanctions are imposed
following disciplinary proceedings, such sanctions shall be appropriate to the
severity of the offense. Sanctions shall include verbal or written reprimand,
withholding or postponement of salary and/or promotion for a specified period,
suspension, and in the gravest cases, dismissal.
Replaces: 3359-20- 03.6
