Fort Wayne Senate Document 76-10
(Supersedes FWSD 72-13)
(As Amended 12/9/1976, 1/20/1977 and 2/17/1977 and Passed 2/17/1977)
(Amended 3/17/1977)
(Amended 9/15/1977)
(Amended 1/11/1993)
(Amended 4/12/1993)
(Amended 12/13/1993)
(Amended 10/14/1996)


Superseded by SD 98-14


PURDUE UNIVERSITY AT FORT WAYNE FACULTY GRIEVANCE POLICY
PREAMBLE

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.



MEMORANDUM

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)
 



MEMORANDUM

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)



FACULTY GRIEVANCE FORM

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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