Executive Memorandum C-19 titled "Grievance Procedures for Academic Personnel" delineates in some detail the procedures for filing of faculty grievances. The further delineation and amplification of these procedures is not intended to supplant Executive Memorandum C-19 but to amplify it and to make it germane to the Fort Wayne campus of Purdue University.
The procedures herein delineated deal with, but shall not be limited to, grievances relating to individual rights, benefits, working conditions, appointment, reappointment, tenure, promotion, and reassignment.
A grievance shall be understood as falling under one or more of the following categories:
1. An allegation of a breach, or improper application, of the contract
existing between the University and the aggrieved faculty
member.
2. An allegation of a discriminatory, or arbitrary, or capricious deviation
from established University policies, practices, or
procedures.
3. An allegation of hardship or damages resulting from the application
of University contracts, policies, practices, or
procedures.
Grievance procedures may be initiated by any full- or part-time faculty member, lecturer, or graduate instructor or assistant, who believes s/he has a legitimate grievance falling under one or more of the categories listed above.
PURDUE UNIVERSITY AT FORT WAYNE
GRIEVANCE PROCEDURE
Composition
The Faculty Grievance Board shall be composed of twelve (12) regular members, who shall be members of the Voting Faculty of Purdue University at Fort Wayne and who shall be nominated for and elected to the Faculty Grievance Board by the Voting Faculty of Purdue University at Fort Wayne. Members shall be elected to the Faculty Grievance Board in the spring, and shall serve for a term of two (2) years beginning in the fall semester after they are elected. Six (6) regular members shall be elected to the Board each spring. No one whose duties are primarily administrative may serve on the Faculty Grievance Board.
Procedure
1. Grievances between and among faculty members or between faculty
and administration should be solved in the most
informal way possible. Parties to grievances
should attempt to resolve differences without recourse to either a Grievance
Board or a formal hearing.
2. If informal discussions between the parties of the grievance are
unacceptable to the aggrieved party, then the aggrieved party
(also referred to as the first party) shall bring
the grievance to the chairperson of the aggrieved party's department.
Should informal communication at the department level
be insufficient to resolve the dispute, the problem shall be brought to
the attention of the Dean of the aggrieved party's
faculty unit.
If informal communication with the Dean is insufficient
to resolve the dispute, the problem shall be brought to the attention of
the Vice Chancellor for Academic Affairs. If informal
communication with the Vice Chancellor for Academic Affairs fails to
resolve the dispute, the aggrieved party shall present
written notice of the problem to the Chancellor. The Chancellor will
investigate the problem and issue within ten (10)
instructional days a written response detailing the position of Purdue
University at Fort Wayne on the dispute. If the
aggrieved party has not obtained satisfaction after exhausting these
possibilities, s/he may bring the grievance before
the Purdue University at Fort Wayne Faculty Grievance Board.
In order to insure that the informal procedures are
carried out, the first party to the dispute is required to submit to the
Grievance Board signed forms attesting that each
informal step (namely, consulting with the chairperson, the Dean, the Vice
Chancellor, and the Chancellor) has been taken.
Copies of the forms are attached. Four forms are necessary. Failure of
the
chairperson, the Dean, the Vice Chancellor, or the
Chancellor to sign such forms may result in delaying a decision of the
Grievance Board. The signature of each of the parties
mentioned does not indicate that the substance of the first party's
grievance is acknowledged, but only that the first
party has complied with a particular step outlined in this document.
3. The aggrieved faculty member shall file a Faculty Grievance Form with the Faculty Grievance Board.
4. The Faculty Grievance Board shall meet within ten (10) instructional
days with the aggrieved faculty member for an informal
hearing of the grievance. A quorum for the informal
hearing will be 9 of the 12 elected faculty members. Within ten (10)
instructional days after this informal hearing,
the Faculty Grievance Board shall decide whether to hold a formal hearing
on
the grievance.
5. There shall be at least one (1) instructional day between the holding
of an informal hearing and the vote on whether to hold a
formal hearing. During this interim at least one
member of the Grievance Board will be assigned the task of verifying that
procedural and substantive matters pertaining to
the grievance under discussion are accurate and to report thereupon to
the
Board. No abstentions will be permitted on the vote
to hold a formal hearing. If four (4) or more members attending the
hearing vote in favor of a formal hearing, then
it shall go forward.
The first party may have no more than two (2) advisors
present at this informal hearing. The second party to the grievance is
not allowed to be present at the informal hearing.
Informal hearings shall not be open to any other individuals. The first
party
may consult these advisors, but these advisors are
not permitted to address the Grievance Board directly. If the Grievance
Board votes to hold a formal hearing, both parties
to the grievance shall be notified in writing by the Board of such action.
6. The aggrieved party may withdraw the grievance at any time prior
to the beginning of the formal hearing. Once the formal
hearing has begun, the grievance may be withdrawn
only by mutual consent of the parties to the grievance, and the Faculty
Grievance Board.
7. Each formal hearing conducted by the Purdue University at Fort Wayne
Faculty Grievance Board shall be heard by a panel
of five (5) eligible members of the Board. Members
shall be allowed to disqualify themselves because of personal
involvement, service on a concurrent panel, or other
University duties. Members shall be required to disqualify themselves if
they have served in an earlier grievance procedure
involving the same dispute. Each party to the dispute (regardless of the
number of members in the party) shall be allowed
to exclude up to three members from the slate. If more than five (5)
members of the Board remain eligible for the panel,
the five (5) panel members shall be randomly selected from among the
remaining eligible Board members. If fewer than
five (5) members of the Board remain, additional members needed to make
up a panel of five (5) shall be randomly selected
from among alternates who shall be proposed by, and are mutually
acceptable to, the parties to the dispute. The Chairperson
of the Grievance Board shall meet with the two parties of the
grievance in the event that alternates must be sought.
Each party to the grievance shall select from those eligible to serve on
a hearing panel those individuals who would
be acceptable as panel members. The Chairperson of the Grievance Board
shall then contact those individuals who are mutually
agreeable to both parties to determine if those individuals are willing
to
serve on a hearing panel. If a panel of five (5)
members cannot be obtained by the above procedures, the Grievance Board
will complete the panel from eligible faculty members.
8. At a formal hearing, each party of the grievance may present its
case, or may elect a representative to speak for the party.
The parties to the grievance (and/or their representatives)
may present statements and interrogate each other, and may
interrogate witnesses to the dispute. The parties
to the dispute shall be afforded access (with sufficient time for response)
to
any document or other evidence reviewed or considered
in any grievance procedure pertaining to the case. A transcript of
the formal hearing will be available to the hearing
panel and to the parties of the grievance. A copy of the transcript will
also
be kept on reserve in the library. A copy will also
be given to the Secretary of the Grievance Board.
9. The Chairperson of the Faculty Grievance Board shall be elected by
the members of the Faculty Grievance Board from
amongst their own number, and shall be responsible
for the conduct of the meetings. Within the guidelines of this document,
the Purdue University at Fort Wayne Faculty Grievance
Board shall establish, and modify as necessary, rules and
procedures for the proceedings of its hearing panels.
10. The Hearing Panel shall elect a Chairperson from among its members.
The Hearing Panel shall begin meetings within fifteen
(15) instructional days of its formation, and shall
hold hearings each subsequent week until all testimony has been heard.
The Hearing Panel has the authority to grant one
(1) postponement for not more than thirty (30) instructional days beyond
the original fifteen (15) days.
11. All hearings shall be open to the Indiana University-Purdue University
at Fort Wayne faculty (including full- and part-time
faculty members, lecturers, graduate instructors,
and graduate assistants) and administration, except that they shall be
closed
at any time upon the agreement of both parties to
the dispute, or of a majority of the hearing panel. The closing of a hearing
shall not prevent the panel or the parties to the
dispute from calling witnesses.
12. The findings, conclusions, and recommendations of the Hearing Panel
shall be presented to the Chancellor for transmittal to
the President within ten (10) instructional days
of the receipt of the official transcript. A copy will be sent to each
party of
the grievance, a copy will be attached to the transcripts
on reserve in the library, and a copy will be sent to the Secretary of
the Grievance Board. The Hearing Panel shall request
the President to respond within ten (10) instructional days. If the reply
is satisfactory to the aggrieved faculty member
and is not appealed by the second party, the case is closed.
TO: PUFW Faculty Grievance Board
FROM: (Name of 1st Party)
SUBJ: Informal Meeting with Department Chairperson
DATE:
On (date) I met with (Name of Department Chairperson) to
discuss in an informal way the Grievance delineated on the Faculty Grievance
Form. This memo verifies this fact.
_____________________________________ ____________________________________
(Signature of 1st Party) (Signature of Department Chairperson)
TO: PUFW Faculty Grievance Board
FROM: (Name of 1st Party)
SUBJ: Informal Meeting with Dean
DATE:
On (date) I met with (Dean) to discuss in an informal way the Grievance delineated on the Faculty Grievance Form. This memo verifies this fact.
_____________________________________ ____________________________________
(Signature of 1st Party)
(Signature of Dean)
MEMORANDUM
TO: PUFW Faculty Grievance Board
FROM: (Name of 1st Party)
SUBJ: Informal Meeting with the Vice Chancellor
DATE:
On (date) I met with the Vice Chancellor to discuss in an informal
way the Grievance delineated on the Faculty Grievance Form. This memo verifies
this fact.
_____________________________________ ____________________________________
(Signature of 1st Party)
(Signature of Vice Chancellor)
MEMORANDUM
TO: PUFW Faculty Grievance Board
FROM: (Name of 1st Party)
SUBJ: Written Notice of Grievance to Chancellor
DATE:
On (date) I gave a written notice to the Chancellor concerning my grievance. This memo verifies this fact.
_____________________________________ ____________________________________
(Signature of 1st Party)
(Signature of Chancellor)
Name of Grievant ________________________________________ Date______________
University Address _______________________________________ Telephone_________
Home Address ___________________________________________ Telephone_________
Institutional Officer to whom the grievant is responsible
(Section/Department Chairperson) _________________________________________________
Second party __________________________________________________________________
Statement of Grievance __________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Remedy Sought ________________________________________________________________
_____________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Informal Communication
Department level: Date response received ________________________________________
Vice Chancellor: Date response received ________________________________________
Chancellor: Date response received ________________________________________
Signature _____________________________________________
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