clogo2.jpg (24632 bytes) Faculty Senate Committee

Dispute Resolution and
Grievance Committee


This Page Includes: (click on any title to go directly to that section)

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 the University of Central Missouir 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.)

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 IV or V 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 V or VI as appropriate.

V. THE GRIEVANT SHALL PRESENT THE GRIEVANCE IN WRITING TO THE PROVOST.

A. The Provost and Vice President for Academic Affairs shall reply to the grievant in writing within ten working days of 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 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 which 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.

Committees may conduct business and voting via electronic means.

REV 01/2010; REV 4/2011; REV 12/2013; REV 5/2014

 

Meetings Schedule ] Faculty Senate Committees ] Senators ] Alternates ] Arbitration Pool ] University/Administrative Committees ] Compensation ]


University of Central Missouri
Faculty Senate Office - University of Central Missouri  - Union 309 - Warrensburg, MO  64093 - phone 660-543-4808
click mailbox to send E-mail to Faculty Senate   
mailbox.gif (1071 bytes) gower@ucmo.edu