This
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Committee
on Dispute Resolution and Grievance Charge
Arbitration Pool for Faculty Grievances
Arbitration Panel Information
Steps in the Dispute Resolution Process
COMMITTEE on DISPUTE RESOLUTION AND GRIEVANCE- OFFICIAL CHARGE
I. FUNCTION OF
THE FACULTY SENATE COMMITTEE ON DISPUTE RESOLUTION AND GRIEVANCE
(FSCDRG)
A. To provide for prompt
and orderly processing of grievances submitted by faculty members
of Central Missouri State University that are based on charges
of alleged arbitrary or capricious action, violation, misinterpretation,
or inequitable application of policies established by the Board
of Governors and/or administration, or that otherwise fail to
accord fair and equitable treatment to a member of the faculty
B. To provide for advisement
of faculty members
C. To offer its good
offices to provide an informal meeting and non-binding mediation
between the faculty member and the party or parties involved
D. To ensure monitoring
of the grievance process
E. To select an arbitration
panel from the arbitration pool if the faculty member desires
a formal and official hearing
F. To assist and facilitate
the arbitration-panel in the conduct of its hearing
G. To consider and/or
initiate independent study of issues relating to university faculty
personnel problems and procedures and report findings to the Faculty
Senate
II. POSITION IN
THE ORGANIZATIONAL STRUCTURE
Reports to the President
of the Faculty Senate
III. MEMBERSHIP
A. Composition
(6 members)
1. One tenured faculty member
from each college and L/AE
2. A nonvoting tenured faculty
member who is an attorney
Chairs are
not eligible to serve on this committee
B. Selection
Representatives from each
college and L/AE nominated by the FS Committee on Committees and
confirmed by the Faculty Senate
Attorney recommended by
the FSCDRG to the FS Committee on Committees, which presents the
nominee to the Faculty Senate for confirmation
C. Selection of Chair
Shall select a chair
from its voting membership
D. Term of Service
Two years, with no
voting member
serving more than two consecutive terms
IV. COMMENTS
A. The committee chair
shall submit an annual written report to the Faculty Senate.
B. Whenever possible, a
second-year committee member should be selected as chair.
C. The committee chair
is responsible for creating and maintaining a Procedures Manual,
a copy to be kept in the Faculty Senate Office.
D. This committee meets
at the beginning and end of each academic year. It also meets during
the academic year and in the summer as needed.
STEPS
IN DISPUTE-RESOLUTION PROCESS
I. THE FACULTY MEMBER SHALL
PRESENT THE CONCERN IN WRITING TO THE FSCDRG.
A. The FSCDRG shall clarify
to the faculty member the following:
(1) Role of the FSCDRG
(2) Appropriate alternative
complaint procedures
(3) Informal grievance
procedure
(4) Formal grievance
procedure
(5) Right to be accompanied
by a support person, who is not the faculty member's legal counsel,
through steps, III, IV, V, and VI. (A faculty member may
seek legal advice at his or her discretion.)
(6) Procedure for providing
advice to the faculty member
B. The faculty member
shall have the option of proceeding to steps II, III, IV, V, or
VI as appropriate. However, prior to proceeding to steps III,
IV, V, or VI, the faculty member shall file a formal grievance
in writing with the FSCDRG. The faculty member may modify the
formal written grievance at any time prior to initiating steps
III, IV, V, or VI.
II. PRIOR TO FILING A FORMAL
GRIEVANCE, THE FACULTY MEMBER SHALL HAVE THE OPTION OF REQUESTING
AN INFORMAL MEETING AND NONBINDING MEDIATION WITH THE PARTY OR PARTIES
INVOLVED.
A. The chair of the FSCDRG
shall inform the appropriate parties and arrange the time and
place for the meeting.
B. The Committee
shall select one FSDRG Committee member to be present at the
meeting in the role of a neutral observer.
C. If the issue is resolved,
the process is terminated.
D. If the issue is unresolved,
the faculty member shall have the option of filing a formal grievance
in writing with the FSCDRG and proceeding to steps III, IV, V,
or VI as appropriate.
III. THE GRIEVANT SHALL PRESENT
THE GRIEVANCE IN WRITING TO HIS/HER DEPARTMENT CHAIR.
A. The department chair
shall reply to the grievant in writing within ten working days
of receipt of the grievance.
B. If resolved, the process
is terminated.
C. If the grievance is
unresolved, the grievant shall have the option of proceeding to
steps V or VI as appropriate.
IV. THE GRIEVANT SHALL PRESENT
GRIEVANCE IN WRITING TO HIS/HER DEAN
A. The dean shall reply
to the grievant in writing within ten working days of the receipt
of the grievance.
B. If resolved, the process
is terminated.
C. If unresolved, the
grievant shall have the option of proceeding to steps 4 or 5 as
appropriate.
V. THE GRIEVANT SHALL PRESENT
THE GRIEVANCE IN WRITING TO THE PROVOST AND VICE PRESIDENT FOR ACADEMIC
AFFAIRS.
A. The Provost and Vice
President for Academic Affairs shall reply to the grievant in
writing within ten working days of the receipt of the grievance.
B. If the grievance is
resolved, the process is terminated.
C. If the grievance is
unresolved, the grievant shall have the option of proceeding to
step VI.
VI. THE GRIEVANT SHALL PRESENT
TO THE FSCDRG A WRITTEN REQUEST FOR A HEARING BEFORE AN ARBITRATION
PANEL.
A. An arbitration panel
shall be formed in accordance with the arbitration- panel procedures
in the Faculty Guide.
B. A copy of the formal
written grievance shall be delivered to each respondent by the
chair of the FSCDRG.
C. The hearing before
the arbitration panel shall be held within ten faculty working
days following the delivery of the formal written grievance to
the respondent(s).
D. The chair of the arbitration
panel shall submit a written report consisting of its findings
and a recommendation for a resolution of the grievance based on
those findings to the chair of the FSCDRG within five faculty
working days of the end of the hearing.
E. The chair of the FSCDRG
shall forward a copy of the report to the grievant and to the respondent(s).
F. Within ten faculty
working days of the receipt of the arbitration panel's report,
the grievant shall submit to the chair of the FSCDRG his or her
decision indicating whether the arbitration panel's report and
a copy of the grievance is to be forwarded to the appropriate
administrator, as designated by the grievant. The grievant may
consult with the FSCDRG during this time.
G. Should the grievant
decide to pursue the grievance further, the chair of the FSCDRG
shall immediately forward the arbitration panel's report along
with a copy of the grievance to the designated administrator.
Also at this time, the chair of the FSCDRG shall seal all documents
regarding the grievance and forward the sealed documents to the
Office of the Faculty Senate to be retained for a period of seven
years. The role of the FSCDRG in the grievance process shall then
be terminated.
H. If the arbitration
panel's report is forwarded, a final written decision regarding
a faculty grievance shall be rendered by the designated administrator
within ten faculty working days from receipt of the arbitration
panel's report.
I. If the grievance is
unresolved, the grievant shall have the option of continuing to
seek redress through the President of the University, the Board
of Governors, or the court system.
COMMENTS
Grievances shall be processed
during normal faculty working days without loss of pay to parties
involved. All official documents involved in the grievance process
shall be retained in the Office of the Faculty Senate for a period
of seven years. All matters related to grievances shall be kept
strictly confidential. There shall be no discrimination or retaliation
against any grievant in the presentation or processing of a grievance,
nor shall there be any discrimination or retaliation with regard
to future promotion or any rights that are assured to faculty members.
The philosophy of the University is that a grievance procedure is
a positive and equitable procedure for the solution of problems
and serves not only faculty members but also the administration
of the University.
ARBITRATION POOL
FOR
FACULTY GRIEVANCES
I. FUNCTION
To provide a pool of
faculty members from whom an arbitration panel shall be selected.
II. POSITION IN
THE ORGANIZATIONAL STRUCTURE
Reports to the Faculty Senate Ethics
in Research Committee (FSERC) when impaneled by that committee and/or
Faculty Senate Committee on Dispute Resolution and Grievance (FSCDRG) when impaneled by that committee.
III. MEMBERSHIP
A. Composition (30 members)
Five tenured faculty
members from each college and L/AE
B. Selection
Members elected by vote
of faculty members from each college and L/AE
C. Term of Service
One year
If impaneled, to serve
until the conclusion of the hearing and the presentation of the
findings.
IV. COMMENTS
Only tenured faculty members
are eligible for selection.
A member of the FSCDRG
may not serve as a member of the Arbitration Pool.
Department chairs and
unit heads are not eligible to serve.
ARBITRATION PANEL
I. FUNCTION
To hear grievance(s)
of faculty member(s) and report findings
II. POSITION IN
THE ORGANIZATIONAL STRUCTURE
Reports to the Faculty
Senate Committee on Dispute Resolution and Grievance (FSCDRG)
or the Faculty Senate Ethics in Research Committee (FSERC)
III. MEMBERSHIP
A. Composition and Selection
of the Five Members
Members of the Arbitration
Panel shall be selected from the Arbitration Pool; however,
Arbitration Panel membership shall not include representation
from the unit involved in the grievance.
One member shall be selected
randomly from each of the four remaining units by the FSCDRG or
by the FSERC. A fifth member shall be selected randomly from the
remaining Arbitration Pool members.
Any member of the arbitration
pool who has an interest in the outcome of the matter in dispute
shall not serve on the arbitration panel.
B. Selection of Chair
Shall select a chair
from its membership
C. Term of Service
Shall continue until
a report is made to the FSCDRG or the FSERC
IV. Parties' privileges
A faculty member whose
grievance is to be heard by an Arbitration Panel may have a support
person present during the hearing. The support person may take notes
for the grievant, but may take no active part in the hearing. The
support person cannot be legal counsel for the grievant. The same
privileges are accorded to the respondent(s) named in the grievance.
REV 01/2010; REV 4/2011
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