Appendix C--Faculty Grievance Procedures*

*Operating Policy and Procedure Manual, OP 32.05.

1.Foreword

a. The University operates under a philosophy that emphasizes the importance of ensuring the rights of its faculty. Both personnel and operating policies are formulated in order to assist administrators and faculty in working harmoniously toward the collective goals and objectives set forth by the Board of Regents. When a situation arises that results in a grievance by an individual faculty member, efforts will be made to determine the facts surrounding that grievance and to respond appropriately and justly.

b. The purpose of these procedures is to address grievances of faculty members and to provide a mechanism for resolving them. If the grievance is related in any way to tenure, the faculty member should refer to the Texas Tech University Tenure Policy. Grievances of faculty relating to admission to tenure, grounds for termination, termination procedure, and notice of nonreappointment or termination are not to be covered by the procedures noted below.

c. Whenever possible, problems should be solved within the University at the level at which they arise. However, each member of the Texas Tech University faculty shall have the right to a hearing and an appeal for redress of grievance through established channels. Access to these channels is restricted to University employees or those who were employees when the action or inaction leading to the grievance occurred.

d. In conformance with Article 5154C, Sec. 6, V.A.C.S., a faculty member has the right to present grievances individually or through a representative who does not claim the right to strike.

e. A faculty member holding an administrative position will have access to these procedures with regard to faculty duties, but will not have access to the procedures with regard to administrative duties (see OP 70.10).

f. After the grievance is presented, the time periods for action prescribed in these procedures should be followed unless reasonable extension is required by unusual circumstances or because a deadline occurs between semesters or in summer, when relevant persons are away for extended periods. In the absence of the foregoing conditions, times for action should be extended only by mutual agreement of the parties and, in an appeal, with concurrence of the Grievance Committee.

2.Grievance Initiation and Hearing

a. The grievant will present a written description of the grievance and proposed resolution to the administrator who made the challenged decision or has initial authority to resolve the grievance. The grievance will be presented within 21 calendar days after the grievant becomes aware of the action constituting the grievance. The grievant and administrator will meet within 21 calendar days of receipt by the administrator, and the administrator's written decision on the grievance will be provided to the grievant within 10 calendar days after the meeting is concluded. If the decision is not acceptable, the grievant may appeal.

b. Optional Mediation. The grievant or the administrator may suggest or request mediation of the grievance within 10 calendar days of receipt by the administrator. If both parties agree, the grievance will be mediated by a person acceptable to both parties. The grievance will be presented for mediation within 21 calendar days after the parties have selected the mediator. If mediation fails to resolve the grievance, the administrator will provide a written decision to the grievant within 10 calendar days after the mediation is concluded. If the decision is not acceptable, the grievant may appeal.

3.Appeal to the President

a. The grievant may appeal by submitting copies of the original grievance, written decisions and proposed resolution to the President. The appeal will be filed within 15 calendar days of the grievant's receipt of the written administrative decision to which the grievant objects.

b. In hearing the appeal, the President will use a Grievance Committee composed of five persons, which will be chosen within 15 calendar days of receipt of the appeal by the President. Twelve persons will be chosen initially by lot from the Faculty Grievance Panel for service on the Committee and their names presented to the parties. (The composition of the Faculty Grievance Panel is discussed in Section 5. of this OP.) Either party to the dispute may challenge not more than three persons selected for the Committee. After challenges by each party, the first five persons remaining will comprise the Grievance Committee.

4.Grievance Committee Hearing

a. Upon receipt of a request from the President, the Grievance Committee will schedule a hearing. This hearing must be held within 21 calendar days after receipt of the request from the President. The Grievance Committee will elect its own chairperson. The chairperson's notice scheduling a time and place for the hearing must be delivered to the parties involved seven calendar days prior to the hearing. These time limits are a guide and may be changed by mutual written agreement of the Grievance Committee and the parties to the grievance. A copy of the notice and a copy of the written appeal is set out in Section 3. and will be furnished to the members of the Grievance Committee.

b. The formal hearing will be conducted in accordance with procedures established by the Grievance Committee. The grievant or the grievant's representative or counsel will present the grievant's case and has the right to present information, written or oral, considered relevant or material to the grievance, including the calling of witnesses.

After the presentation by the grievant, the administrator's case will be presented under the same rules as the grievant. The University may be represented by counsel. The Grievance Committee may also call witnesses as it considers appropriate. The grievant and the administrator may question all witnesses.

c. Evidence considered in the hearing must relate to the grievance and be of the type relied on by faculty members or administrators in the conduct of their professional affairs. After all evidence is received, the Grievance Committee will meet and consider the case. The opinion held by the majority of the members will constitute the committee's recommendations. The committee must provide its recommendations in writing to the President of the University, with copies to the parties to the grievance, within 15 calendar days after the hearing is concluded. Minority opinions of the committee may also be submitted to the President. Recommendations to the President are advisory in nature.

d. The President will send a written decision, which is the final University decision on the grievance, to the grievant within 15 calendar days of receipt of the Grievance Committee's recommendations. If the President's decision is different from that recommended by the Grievance Committee, the written reasons for such difference will be provided to the grievant and the Committee.

e. The parties may agree to a resolution of the grievance at any time from initiation of the grievance procedures until the President's final decision.

5.Faculty Grievance Panel

a. The Faculty Grievance Panel will consist of two representatives and an alternate from each college, including the School of Law, who are full-time tenured faculty members. Representatives will be elected for two-year alternating terms, to commence on September 1. They will serve until their successors are elected.

Faculty members who have served a full two-year term will not be eligible for reelection to another two-year term, or appointment to an unexpired term, until two years after the expiration of the existing or previous term of service. Should a representative be unable to complete a two-year term of service, a replacement will be selected under the normal procedures to serve the unexpired portion of the term.

b. The Provost will provide the Elections Committee with a list of full-time tenured faculty of the colleges. The Elections Committee will have the responsibility of developing and implementing election procedures whereby each of the colleges and the School of Law will elect its representative(s) from the list provided by the Provost.


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