Faculty General Grievance Procedure

A22B

The purpose of this procedure is to assure fairness and consistency in faculty employee relations and to resolve misunderstandings as quickly as possible. No employee will be retaliated against because he/she uses this procedure.

A28J

For purposes of this procedure, employees are full time and part-time faculty. Staff with faculty rank and administrative staff with faculty rank may choose either the faculty or staff procedure.

A33E

• Disciplinary actions, including written warnings placed in the employee's file, suspensions, and dismissal, where the employee questions the appropriateness of the stated actions except hearings conducted by Academic Council under Faculty Bylaws I-5, Article VI.
• Alleged violation, misinterpretation, or inequitable application of the University policy affecting the employee
• Alleged violation of the professional boundaries policy. (Note: Students who wish to issue a complaint of the professional boundaries policy against a faculty or staff member should use the process identified in the Student Handbook for addressing such violations.)
• Sanctions resulting from determinizations of responsibility for discrimination and harassment based on membership in protected categories in Elon's non-discrimination statement
• Alleged professional misconduct and/or
• Other serious complaints that are not excluded as non-grievable issues

• Issues heard by Academic Council under Faculty Bylaws (I-5, Article VI, Section 3)
• Issues heard by the Tenure/Promotion Appeal Hearing Board and the Continuance Appeal Hearing Board.
• Determinations of responsibility for discrimination and harassment based on membership in protected categories in Elon’s non-discrimination statement
• Termination related to: reduction in force or expiration of grants, failure to receive tenure, failure to receive a continuing contract, and expiration of employment contracts
• The content of published personnel policies and procedure

A29M

• Discussion with the grievant's Department Chair/supervisor should normally take place first in an attempt to resolve the matter. In some cases, input from an administrative unit (for example, Dean, or, Provost may be appropriate and helpful. The grievant and/or Department Chair/supervisor may wish to contact such a person.
• If the Department Chair/supervisor is involved in the matter or has a conflict of interest related to the matter, a second person, selected by the Provost will assist in attempting to resolve the matter.
• Efforts to resolve the matter at this step will be expeditious.

1. If the grievant is not satisfied with the disposition of the grievance at Step One, the grievant will, within 30 calendar days after the event giving rise to the grievance, submit a written statement of grievance to their Department Chair/supervisor or the Provost or Provost's designee.
2. Upon receipt of the grievance at this stage, the Department Chair/supervisor or Provost's designee will notify the Associate Vice President for Human Resources, who may contact the University legal counsel in order to help assure that the grievance procedure is followed carefully.
3. The Department Chair/supervisor or Provost's designee will investigate and attempt to resolve the grievance. This investigation may include a meeting between the Department Chair/supervisor or Provost's designee, appropriate Dean, the grievant, the person against whom a compliant is directed  and any other appropriate personnel.
4. A written response will be given to the grievant and the appropriate person (s) against whom a complaint is directed within 14 calendar days after receipt of the written grievance by the Department Chair/supervisor or Provost's designee unless the grievant agrees to an extension of this time period.

If the grievant is not satisfied with the disposition of the grievance at Step Two, or if no decision has been rendered within 14 calendar days of the Department Chair’s/supervisor's or substitute's receipt of the grievance at Step Two, the grievant may request the Dean of the Department Chair’s/supervisor's college/school to begin processing the grievance at Step Three.

Appeals are not re-investigations. The decision will be based on the written appeal and the Investigative Report from Step Two. However, if substantial new facts are discovered, the Dean may wish to investigate the recently learned information.

If the Dean is involved in the matter or has a conflict of interest related to the matter, a second person, selected by the Provost, will assist in attempting to resolve the matter.

A written response will be given to the grievant and the person (s) against whom a complaint is directed within 14 calendar days after receipt of the written grievance by the Dean unless the grievant agrees to an extension of this time period.

1. If the grievant is not satisfied with the disposition of the grievance at Step Three, or if no decision has been rendered within 14 calendar days of the Dean’s receipt of the grievance, the grievant may request that the Provost begin processing the grievance at Step Four.
2. The Provost, with the support of the Associate Vice President for Human Resources, will arrange for a hearing to be conducted by a three-or five-member committee of full-time teaching faculty members, administrator(s) with faculty rank, and/or staff with faculty rank

  In cases that do not involve a person against whom a complaint is directed, there will be a three-member committee composed of

• One member selected by the grievant
• One member selected by the Provost
• One current member of Academic Council selected by both the grievant and the Provost

If the grievant and the Provost  are unable to agree on the selection of a third member, they will alternately eliminate names from the current elected members of  Academic Council until they reach the last name, at which time that person will become the third committee member. Who gets the first elimination is to be determined by the toss of a coin.

In cases that do involve a person against whom a complaint is directed, there will be a five-member committee composed of:

•  One member selected by the grievant
• One member selected by the person against whom a complaint is directed
• One member selected by the Provost
• Two current members of Academic Council selected jointly by the grievant, the person against whom the complaint is directed, and the Provost

If the grievant, the person against whom the complaint is directed and the Provost are unable to agree on the selection of the fourth and fifth members, they will alternately eliminate names from the current elected members of Academic Council until they reach the last two names, at which time those two people will become the fourth and fifth committee members. Who gets the first and second eliminations is to be determined by drawing names from a hat.

3. The committee selected above will elect a Chair from among its members by majority vote via secret ballot. If no member receives a majority, the last member chosen from Academic Council will be Chair. The Chair, with support provided from the Associate Vice President for  Human Resources, will be responsible for determining how the facts relative to the grievance will be investigated. For matters involving grievances related to sanctions resulting from a determination of responsibility under the Title IX process, the grievant may be accompanied by an advisor of their choosing. For all other grievances, the grievant may be accompanied at the hearing by a University employee of their choosing. In cases involving a person whom a complaint is directed, that person may also be accompanied at the hearing by a University employee of their choosing. Only University employees may accompany a grievant in a grievance hearing. Reasonable provision will be made for other employees to appear as witnesses.
4. The investigation by the committee should normally be completed within one month of its formation. Within 21 calendar days of the completion of the investigation, the recommendation of a majority of the committee, along with their findings of fact, will be submitted to the President.
5. The President, after reviewing the findings and recommendations and any other evidence considered relevant, will make a final decision which will then be communicated to the grievant, and the person whom the complaint is directed, if applicable.

A27D

Faculty who are found to be in violation of the Professional Boundaries Policy and who wish to contest the finding should follow the faculty’s general grievance policy.