STEVEN C. BEERING
October 31, 1997
PRESIDENT
To: Chancellors, Deans, Directors, and Heads of Schools, Divisions, Departments, and Offices
Subject: Grievance Procedures for Academic Personnel
Purdue University has a well established tradition of excellence in all of its academic endeavors. The University community realizes that to sustain this standard, its academic personnel must work together in a respectful and collegial manner. To accomplish this, it is essential that we maintain a climate that values faculty and graduate student employees and fosters prompt and fair resolution of their concerns and grievances.
Purdue encourages its academic personnel to resolve their disagreements through informal, frank, and open discussion. However, the University also recognizes that occasionally more formal processes are needed. All such activities, whether informal or formal, must be carried out by all participants within a framework of good faith collegiality. None of these activities shall be judicial in nature, nor may legal counsel participate. Purdue faculty, staff, or graduate students who happen to be attorneys may take part in the following proceedings in their role as University employees, but not as lawyers.
Everyone participating in the grievance resolution process as outlined in this memorandum may exercise their prerogatives and fulfill their responsibilities without fear of retaliation from any University employee.
A summary of the procedures that follow is appended to this
document.
SECTION I: DEFINITIONS
SECTION II: RESOURCES AND TRAINING
SECTION III: INFORMAL PROCEEDINGS
SECTION IV: FORMAL PROCEEDINGS
SECTION V: APPELLATE PROCEEDINGS
SECTION VI: OTHER PROVISIONS
SUMMARY
A. Academic Personnel. All faculty members -- tenured and non-tenured, full-time or part-time including those on leave of absence with or without pay. Post doctoral residents, post doctoral research assistants and associates, graduate assistants, graduate instructors, graduate assistants in research, and graduate instructors in research in their roles as academic employees of the University, but not in their roles as students, also are considered academic personnel for purposes of resolving grievances. All administrative and professional employee grievances are handled through the Grievance Policy and Procedure for Members of the Administrative and Professional Staffs while all clerical and service employee grievances are addressed through the Complaint and Grievance Procedure for Bi-Weekly Employees. Complaints of alleged harassment are resolved through the Interim Procedures for Handling Complaints of Harassment that accompany Executive Memorandum No. C-33.
B. Grievance: A complaint initiated by an individual who claims to have been wronged by a University action or decision related to his/her employment. A grievance may be substantive and/or procedural in nature. It must be directed toward the University, not toward a person. An individual may seek formal resolution through the University to a specific action or decision only once.
2. Procedural Grievance: A complaint asserting that an action was taken or a decision was made in a manner that violated a University policy, procedure, standard, or established practice. Any such alleged improper action or decision adversely affecting an individual's employment may be grieved on procedural grounds.
D. Respondent: The University employee(s) who made the decision or took the action on behalf of the University that precipitated the complaint.
E. Advisor: An academic colleague invited to accompany an initiator or respondent to a hearing to provide advice and support or to observe the proceedings.
F. Witness: A person with knowledge of the alleged action or decision being grieved who attests to or furnishes evidence about what did or did not occur.
G. Grievance Committees:
2. Grievance Hearing Committee: A campus committee (regional campuses) or a school committee (West Lafayette) from which five member impartial faculty panels are constituted to hear formal grievances referred to it by a grievance steering committee.
3. Grievance Appeals Committee: A campus committee from which five-member impartial faculty panels are constituted to hear appeals of formal grievances referred to it by a grievance steering committee.
4. The number of members on each of these committees and the manner in which they are chosen shall be determined by the appropriate campus or school faculty governing body. Committee members shall serve multiple year terms with proportionate turnover annually--ex. two-year terms with 50% turnover annually; four-year terms with 25% turnover annually. An individual may serve on only one of these three committees at any given time.
5. Each committee shall select a chair from its membership annually. The chair shall be responsible for conducting committee meetings and for constituting and charging all hearing panels.
SECTION II
RESOURCES AND TRAINING
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A. The offices of the Vice President for Human Relations at West Lafayette, Director of Personnel Services at Calumet, Administrative Action at Fort Wayne, and Academic Services at the North Central campus shall serve as contacts for prospective initiators, initiators, and respondents seeking information or counsel about the University's grievance procedures for academic personnel. These offices also shall provide resource materials and training sessions for academic administrators concerning how to resolve grievances informally.
B. The offices of the Executive Vice President for Academic Affairs at West Lafayette and the Vice Chancellors for Academic Affairs/Services at the regional campuses shall be responsible for providing procedural consultation and resource materials as well as for arranging training sessions for grievance steering committees, grievance hearing committees, and grievance appeals committees.
SECTION III
INFORMAL PROCEEDINGS
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Conflicts frequently can be resolved if the parties involved communicate their concerns, listen to each other, and show a willingness to compromise and/or change. Often conflicts can be lessened, if not eradicated, by clearing up misperceptions and misunderstandings. Academic personnel at Purdue are strongly encouraged to try to take care of their employment related concerns in this manner.
At times, however, a more structured process may be needed. Therefore, each regional campus and West Lafayette school must establish a procedure incorporating discussion and/or mediation through which both initiators and respondents will be expected to make good faith efforts to resolve grievances informally. These procedures must include the following:
A. The initiator must begin informal resolution within 30 days of the time he/she first became aware or reasonably should have become aware of the alleged violation or within 30 days of his/her knowledge of the most recent incident in a series of related actions or decisions comprising the complaint.
B. To begin the informal process, the initiator must state his/her concerns in writing. The letter must include a description of the alleged impropriety including the date it occurred and/or the date the initiator became aware of the occurrence; the University policy, procedure, standard, or established practice supposedly misinterpreted or violated if the concern is procedural in nature; the name(s) of the person(s), if known, responsible for the alleged impropriety; and the remedy sought. Campus and school procedures must indicate to whom this correspondence should be sent.
C. The informal process must be completed within 30 days from the time a written complaint is received unless an extension of time has been granted.
D. The initiator must be informed in writing of the outcome of the informal proceedings including the findings and any actions that are proposed, have been, or will be taken.
E. If the initiator does not receive a written response to his/her concerns within the time limits specified in Section III. C or if the initiator is not satisfied with the findings, conclusions, proposed actions, or actions, the initiator may pursue resolution of his/her complaint through formal proceedings.
SECTION IV
FORMAL PROCEEDINGS
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A. Before requesting a formal hearing, an initiator must try to resolve the complaint through the appropriate regional campus or West Lafayette school informal process.
B. To begin formal proceedings, the initiator must notify the Executive Vice President for Academic Affairs at West Lafayette or the Vice Chancellor for Academic Affairs/Services on a regional campus in writing of his/her intentions no later than 30 days after receiving notification of the outcome of the informal proceedings or 30 days after it became clear that a response would not be received in a timely manner. If the Executive Vice President or Vice Chancellor is a party to the complaint, the initiator should send notice requesting a formal hearing to the President (West Lafayette) or the Chancellor (regional campuses) who shall designate another University faculty or staff member to perform the role assigned to the Executive Vice President/Vice Chancellor in this Sections I, II, and IV of these procedures.
C. The initiator's notification must be in writing and include a statement of the alleged impropriety that was not resolved informally; no new concerns or complaints may be added. The statement also must include a description of the facts giving rise to the complaint and the relief sought. These materials must be accompanied by copies of all correspondence concerning the complaint that the initiator sent or received during the informal proceedings.
D. The Executive Vice President/Vice Chancellor/or designee shall forward a copy of all materials received from the initiator to the respondent(s) whose alleged actions or decisions are the basis for the complaint. The respondent must furnish a written response within one week.
E. Upon receipt of the respondent(s) statement(s), the Executive Vice President/Vice Chancellor/designee shall forward the materials received from the initiator and the respondent(s) to the chair of the appropriate grievance steering committee. (See Section I.G.4. - 5. for information about committee composition and membership.)
F. The committee chair shall constitute a five member impartial panel drawn from the committee's membership. No one may serve on a panel who is employed in the same academic program, section, division, or department as the initiator or respondent or who has a conflict of interest with either party. From the panel's membership, a chair shall be selected to conduct meetings and issue all communication on behalf of the panel.
G. After reviewing the materials forwarded by the Executive Vice President/Vice Chancellor/designee, the panel must conclude one of the following by majority vote and convey its decision to the Executive Vice President/Vice Chancellor/designee within two weeks of receiving the complaint:
2. Although the time allotted has not expired, the initiator either has yet to begin or to complete the process for resolving grievances informally. Therefore, prior to being eligible for consideration for a formal hearing, the initiator must begin and/or complete the informal process within the allotted time, or
3. Informal remedies were pursued by the initiator, but the University employee(s) responsible for responding did not do so within the allotted time. At this point, the nature of the complaint determines whether formal proceedings should continue. If the allegation is grievable (see Section 1.B. 1.-2.), a formal hearing should be constituted. If the nature of the allegation is not grievable, no further action is warranted, or
4. The informal process was completed, but based on the types of allegations that are grievable, sufficient grounds do not exist for constituting a formal hearing, or
5. The informal process was completed, and sufficient grounds exist for initiating a formal hearing.
I. Each West Lafayette school and regional campus must establish a grievance hearing committee and a procedure for hearing formal grievances. (At West Lafayette, the Schools of Engineering collectively shall be considered one school for purposes of grievance proceedings as shall the Schools of Pharmacy, Nursing, and Health Science. The libraries also shall be treated collectively as a school.) Committee composition and proceedings must include the following:
2. Each formal hearing shall be conducted by an impartial panel of five faculty drawn from the committee's membership. No one may serve on a panel who is in the same academic program, section, division, or department as the initiator or the respondent, nor shall prospective panel members serve if they have a conflict of interest with either party. They also may withdraw from consideration if they have a scheduling conflict with an out-of-town commitment or served on another hearing panel that semester. In addition, the initiator and the respondent each may exclude up to three members from the slate of prospective panelists. If fewer than five members remain, the hearing may be conducted by a three-member panel. If additional panelists are needed, the chair of the grievance hearing committee shall inform the Executive Vice President/Vice Chancellor /designee accordingly. The latter shall randomly select the number of additional faculty needed to constitute a panel from either the voting faculty at that campus or school or from members of another campus or school grievance hearing committee. Panelists so selected must meet all the criteria stated above. In addition, they may choose to withdraw from further consideration for the reasons noted above.
3. The chair of the panel, who shall be selected by the panel from its membership, must be a tenured faculty member. The chair shall be responsible for conducting meetings and issuing all communication on behalf of the panel.
4. At anytime before the hearing, the initiator may withdraw the grievance. Once the hearing begins, however, the grievance may be withdrawn only under the following conditions:
6. The order in which the various elements of the hearing described below occur shall be determined by the panel. The panel also may set reasonable time limits in which these elements must be completed. Information concerning the order of hearing and the time limits, if the panel chooses to set them, should be sent to both the initiator and the respondent at least one week prior to the hearing.
7. The hearing shall be open only to the participants unless both the initiator and the respondent request otherwise.
9. Both the initiator and the respondent may present oral and written statements, question each other, introduce witnesses, and question all witnesses.
11. The panel may question all participants speaking at the hearing as well as ask for additional information. The panel also may call and question witnesses. In addition, the panel may stop the presentation of information it deems irrelevant to the allegations.
12. No new allegations may be introduced into the hearing.
13. All panel members, participants, and advisors must respect the confidentiality of the information and records introduced into the hearing.
14. An audio recording shall be made of the hearing and kept in the Office of the Executive Vice President for Academic Affairs or the Vice Chancellor for Academic Affairs/Services for use by the panel, the initiator, the respondent, the chancellor/dean, or the latters' designees should any want to review the proceedings. A written transcript will not be provided.
15. The panel's decision must be based solely on information that has been made available to both the initiator and the respondent(s). If additional information is received by the panel outside the hearing, it must be shared with both parties to the grievance, and each must be given an opportunity to respond. If the response is verbal, it must be made in the presence of the panel and both parties (either or both parties, however, may waive the opportunity to be present) or the panel must prepare a written summary of the information gained and share it with both parties for review and comment.
16. The panel shall conduct the hearing as expeditiously as possible. After the proceedings have concluded, the panel shall meet in executive session and determine by majority vote whether or not the preponderance of the evidence presented supports the allegations made by the initiator.
17. Within two weeks after the completion of the hearing, the panel shall report its findings, conclusions, and recommendations in writing to the appropriate West Lafayette school dean or regional campus chancellor. Copies of the report also should be sent to the initiator and the respondent(s).
18. The decision concerning the outcome of the hearing shall be made by the chancellor/dean and announced in writing within two weeks of receipt of the panel's recommendation. If the chancellor participated in the hearing or otherwise was involved in the grievance, the President must appoint another University employee not associated with the case to make and announce the decision. Similarly, if the dean took part in the hearing or was involved in the case, the Executive Vice President for Academic Affairs must either render and announce the decision or appoint another University employee not associated with the grievance to do so.
19. If the person making the decision decides to take action other than that recommended by the hearing panel, the panel must be informed accordingly.
20. Copies of the decision should be sent to the
initiator, respondent(s), panel, and Executive Vice President for Academic
Affairs, Vice Chancellor for Academic Affairs/ Services, or their designee.
A. The initiator shall have the right to appeal the outcome of the formal proceedings if he/she believes he/she
2. did not have a formal hearing that culminated in a decision even though a grievance steering committee concluded that a formal hearing was warranted.
2. has significant new information related to the grievance that was not known at the time of the hearing which, had it been introduced, he/she feels likely could have changed the panel's recommendation or the chancellor's/dean's/designee's decision.
D. Such notice must include a description of the facts giving rise to the appeal and the remedy sought. If the appeal is based on the failure of a grievance steering committee to grant a formal hearing, the appropriate grievance hearing committee to conduct or complete one, or the chancellor's/dean's failure to render a decision, the Executive Vice President/Vice Chancellor/designee shall send a copy of the allegations to the chair of the appropriate committee or the chancellor/dean for review and reply. The respondent(s) must furnish a written response within one week.
E. If the appeal is based on the provisions outlined in Section V.B., the notice also must include a description of the alleged procedural irregularities or the new information since discovered supporting the request along with a statement indicating how these alleged irregularities or this new information could have influenced the outcome of the formal proceedings. If the request for an appeal is based on new information, the party also must indicate why he/she was not aware of this information at the time of the formal proceedings. The Executive Vice President/Vice Chancellor/designee shall forward a copy of the materials received from the initiator to the chair of the hearing panel. The chair must provide a written response within one week.
F. The Executive Vice President/Vice Chancellor/designee shall then forward all of the material received related to the appeal from the initiator and the responding party(s) to a five member impartial panel constituted by the chair of the appropriate grievance steering committee from the membership of the committee that did not serve on an earlier panel considering this grievance. If fewer than five members are available, the request for an appeal may be heard by a three-member panel. Appeals at Calumet and Fort Wayne shall be forwarded to the grievance steering committees at those campuses. Appeals initiated at the North Central and West Lafayette campuses shall be sent to the West Lafayette Grievance Steering Committee. If the appeal involves an alleged procedural error related to a formal hearing, the Executive Vice President/Vice Chancellor/designee also shall forward a copy of the audio recording of that hearing.
G. No one may serve on a panel who is employed in the same academic program, section, division, or department as the initiator or respondent or who has a conflict of interest with either party. From the panel's membership, a chair shall be selected to conduct meetings and issue all communication on behalf of the panel. After reviewing the materials forwarded by the Executive Vice President/Vice Chancellor/designee, the panel must conclude one of the following by majority vote and convey its decision to the Executive Vice President/Vice chancellor/designee within two weeks of receiving the request for an appellate hearing:
3. A grievance hearing committee failed to conduct or complete a hearing mandated by a grievance steering committee or the dean/chancellor/designee did not render a decision concerning the case. Another grievance hearing panel should conduct a formal hearing per Section IV, or
4. Significant new information related to the grievance that was not known at the time of the formal hearing has been discovered which, had it been introduced, likely could have changed the panel's recommendation or the dean's/chancellor's/designee's decision. The appropriate grievance appeals committee should hear the case de novo, or
5. The procedural error which occurred during the formal proceedings likely could have influenced the panel's recommendation or the dean's/chancellor's/designee's decision, The appropriate grievance appeals committee should hear the case de novo.
I. The grievance appeals committees shall establish procedures for constituting impartial panels and hearing appeals. The elements that regional campus and West Lafayette school grievance hearing committees must incorporate into their procedures (Section IV, I.1-16) also must be incorporated into those of the grievance appeals committees.
J. The panel shall conduct the hearing as expeditiously
as possible. Within two weeks after the hearing has been completed, the
panel must report its findings, conclusions, and recommendations in writing
to the President of the University. Copies of all materials forwarded by
the panel also should be sent to the initiator and the respondent(s). The
President shall make and announce the disposition of the appeal within
two weeks of receipt of the panel's recommendation. Copies of the decision
should be sent to both parties, the panel, the Executive Vice President/Vice
Chancellor, and Chancellor. If the President decides to take action other
than that recommended by the panel, the panel must be informed accordingly.
The President's decision regarding the appeal shall be final.
SECTION VI
OTHER PROVISIONS
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The procedures outlined above shall pertain to grievances initiated on or after July 1, 1998. Grievances initiated prior to this time will be handled according to the provisions set forth in Executive Memorandum No. C-19.
A. The campus and school procedures called for in Sections III, IV, and V must be developed and approved by the appropriate campus or school faculty and endorsed for compliance with this memorandum by the President or the President's designee.
B. Academic personnel employed by a West Lafayette campus unit other than a school or the libraries who have grievances that qualify for formal consideration shall have their cases heard by a panel from the school that reviews the nominations for promotion and tenure for the initiator's unit.
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A. Informal Proceedings: Academic personnel are expected to make good faith efforts to resolve potential grievances informally. They must begin this process within 30 days* of the time they become aware or reasonably should have become aware of the alleged violation or within 30 days* of the employee's knowledge of the most recent incident in a series of related actions or decisions comprising the complaint. (Section III. A.)
2. The informal process must incorporate discussion and/or mediation and be completed within 30 days* from the time a written complaint is received. The initiator must be informed in writing of the outcome of the informal proceedings. (Section III. C.-D.)
2. The Executive Vice President/Vice Chancellor/designee shall request a written reply to the allegations within one week from the person(s) whose alleged actions or decisions are the basis for the complaint (respondent). (Section IV. D.)
b. If the panel does not feel a formal hearing is warranted, all parties to the complaint shall be informed accordingly. Unless the initiator files an appeal, no further action will be taken. (Section IV. F.-H.)
2. The Executive Vice President/Vice Chancellor/designee shall send a copy of the allegations to the chair of the appropriate grievance steering committee, grievance hearing committee, dean, or chancellor. The respondent must furnish a written response within one week. (Section V. D.-E.)
3. All of the materials related to the appeal received from the employee and the committee, dean, or chancellor shall be forwarded to the appropriate grievance steering committee. (Section V. F.)
b. If the committee determines that insufficient grounds exist to support the appeal, the outcome of the formal proceedings shall stand. (Section V. G.1.)
5. The President shall review this material and make as well as announce the decision concerning the outcome of the appellate proceedings. The President's decision shall be final. (Section V. J.)