The University of Wisconsin Oshkosh
Policy # [####]
Faculty Grievances Policy (FAC 9.D)
[See update: Grievance Procedure (Faculty) Policy]
Original Issuance Date: MMMM DD, YYYY
Last Revision Date: MMMM DD, YYYY
Next Review Date: MMMM DD, YYYY
2. RESPONSIBLE OFFICER
6. POLICY STATEMENT
Part D Faculty Grievances 314
FAC 9.D.2. Definitions.
(1) The term “grievance” is used in two senses here. It denotes first the distress or dissatisfaction caused by perceived unfair treatment or violation of rights or in general unsatisfactory working conditions. It also denotes a formal appeal for relief from such distress or dissatisfaction. Any grievance in the first sense may be the subject of a formal grievance unless it is a reaction to substantive academic judgments made in the course of evaluating faculty for renewal, tenure, promotion, salary adjustments or other such personnel decisions.
(2) As a formal statement, a grievance differs from a complaint in focusing upon the undue effects experienced by the grievant rather than upon the alleged misconduct of another and in seeking relief for the grievant rather than punishment for an offender.
FAC 9.D.3. Grievance Procedure.
(1) An aggrieved faculty member shall seek to eliminate the cause of the grievance by informal means, via discussion or consultation or an exchange of correspondence. If the informal effort fails to resolve the problem to the satisfaction of the faculty member, he or she may file a written grievance containing the information described in FAC 9C.4., below. Two or more faculty members with identical grievances may file the formal grievance jointly.
Formal grievances should normally be filed with the Dean of the aggrieved faculty member’s college. If a grievance concerns actions of the Dean or other administrators who report to the Vice Chancellor, the grievance shall be filed with the Provost and Vice Chancellor. If the grievance concerns actions of the Provost and Vice Chancellor or other administrators who report to the Chancellor, it shall be filed with the Chancellor.
A formal grievance must be filed within sixty calendar days of the date upon which the grievant became aware of the action(s) or condition(s) being grieved, unless the time for filing is extended by the agreement of all parties to the grievance. The amount of time consumed by informal efforts to resolve problems or by college or departmental grievance procedures shall not affect the deadline for filing a formal grievance under this chapter.
(2) All grievances shall undergo administrative review, as follows. Within ten working days after receiving a written grievance, the administrator or his/her designate shall initiate a review of the grievance, interviewing all persons thought to be knowledgeable about the grievance and examining all pertinent documents. The person conducting the review shall then prepare a formal written response to each specification of the grievance and shall forward his/her response, together with copies of all documents considered during the review, to the grievant and to all persons whose actions have been grieved and to the chairperson of the Faculty Hearing Committee. The formal response shall be submitted within thirty days after the review has begun unless the deadline is extended by mutual agreement of the grievant and the administrator responsible for the review.
(3) If the administrative review fails to resolve the problem to the satisfaction of the grievant, the grievant may file a request for review by the Faculty Hearing Committee. If the request follows administrative review, it must be filed within ten working days after the grievant has received notice of the results of the administrative review.
Following the procedures outlined in the sub-chapter titled “Faculty Senate Hearing Committee,” the chairperson of the Faculty Hearing Committee shall convene a subcommittee of five faculty who shall review the grievance and within ten working days determine if there exist sufficient grounds for a hearing. If the subcommittee decides to deny the grievant a hearing, its chairperson shall inform the grievant in writing of the reasons for the denial and shall distribute copies of its rationale to the Chancellor and other parties to the grievance.
If the subcommittee decides that a hearing is warranted, it shall conduct its hearing in accord with the procedures outlined in the sub-chapter titled “Faculty Senate Hearing Committee.” It shall complete its hearing within thirty working days unless because of extenuatjng circumstances the deadline is extended by mutual agreement of the grievant and the chairperson of the subcommittee or by order of the subcommittee. At the conclusion of the hearing, the subcommittee shall transmit its findings and recommendations to the grievant and to other parties to the grievance and to the Executive Committee of the Faculty Senate for submission to the Chancellor.
(4) Within thirty days after receiving the recommendations of the hearing subcommittee, the Chancellor shall render a formal, written decision on the grievance. Copies of the Chancellors decision shall be sent to the grievant, other parties to the grievance, the members of the hearing subcommittee, and the Executive Committee of the Faculty Senate.
FAC 9.D.4. Required Form for the Presentation of Grievances.
(1) A description of the acts or conditions which gave rise to the grievance and the dates upon which the acts or conditions occurred or were made known.
(2) An explanation of the ways in which the acts or conditions constitute unfair treatment or violation of rights or otherwise are injurious to the grievant.
(3) Evidence to support the statements in a and b above.
(4) A statement of the relief sought by the grievant.
(5) An account of the informal efforts undertaken to remedy the grievance and an explanation of why the grievant considers the efforts to have been unsuccessful.
FAC 9.D.5. Records.
All documents submitted in support of a grievance shall become part of the permanent record, and shall accompany the grievance through all steps of consideration.
9. REVISION HISTORY