2.7.5 Faculty Grievance Policy

Policy: 2.7.5

Faculty Grievance Policy

Date of Policy Adoption: January 23, 2007

Revised Effective Date: January 23, 2007

Scope: Faculty

Policy

Yavapai College encourages an open and frank atmosphere in which any problem, complaint, suggestion, or question receives a timely response. It is expected that members of the College community will attempt to resolve issues mutually through open discussion. If the open discussion fails to resolve the issue, members of the College faculty may file a grievance as stated below. At no point will a grievant suffer retribution for initiating a grievance. All documents, communication and records related to a grievance shall be filed separately and not be retained in the personnel file of any participant in the grievance procedure; however, filing of a grievance does not automatically remove relevant items that already exist in the personnel file.

Yavapai College recognizes that, as academic professionals, credentialed faculty may have issues that are unique to their profession. As such, faculty may file grievances on any of two levels: Individually or Faculty-as-a-Whole. Grievances may involve instances of prejudicial treatment or action by another member of the College community, matters of performance review, probationary contract status, continuing contract status, and professional reputation; or matters of academic freedom and policy pertaining to faculty and instruction.

Upon the resolution of any grievance, individual or faculty-as-a-whole, any remedies shall be implemented as swiftly as is reasonably possible.

Individual Faculty Grievance

If a situation occurs when a faculty member believes that a condition of employment or a decision that affects him or her is the result of a misapplication, misinterpretation or violation of district policy, that individual shall follow the faculty grievance procedure steps outlined below. A grievant may stop the procedure at any step. At any point in the grievance process, the grievant may solicit assistance from th e Yavapai College Human Resources Department.

All time limits contained in the procedure outlined below may be extended by mutual agreement of the parties concerned. Should an individual faculty member or the faculty as a whole submit a request for information pertinent to a particular grievance, the days falling between the grievant's request and the compliance with that request shall not be counted against said grievance’s time limits.

If the Grievance Review Committee, discussed in Step Four of this procedure, or the Provost or the College President fails at any step in these procedures to communicate the decision on the grievance within the specified time limits, the grievant will be permitted to proceed to the next step. If the grievant fails at any step of these procedures to appeal a grievance to the next step within the specified time limits, the grievance will be deemed to have been settled in accordance with the decision rendered at that step. Grievant(s) may request representation by a Faculty Senate representative in all proceedings with regard to a grievance filed according to this procedure. This includes the right to be accompanied by said representative at meetings.

Step One: In formal Resolution with Division Assistant Dean

The grievant shall orally present the grievance to his or her Division Assistant Dean within forty-five (45) working days from the date in which the grievant could reasonably have known of the occurrence of the grievous act. Since grievances may be cumulative and a grievant may be uncertain whether he or she has been aggrieved until additional observations are made, some time may expire before the grievant is convinced that cause exists to set the grievance process in motion. In consideration of this, a grievant may base his or her grievance on prior as well as current events or conditions. The grievant may present documentation of events and conditions. Members of the College community who have born direct witness to the grievous action may also submit documentation. Dates, times, and incidents must have direct correlation to the documentation submitted by the grievant.

Regardless of the outcome of this initial meeting, the individual grievant’s Division Assistant Dean shall conduct an investigation and issue a written decision to the grievant within twenty (20) working days following the date the grievance is filed at the Informal Step (Step One).

In the event the grievance concerns the discharge or suspension of an employee, the Informal Step (Step One) shall be omitted and the grievance must be presented in writing to the Provost. Upon receipt of a written grievance, the Provost shall have twenty (20) working days following the date said grievance was filed to conduct an investigation and issue a written decision to the grievant.

Step Two: Written Communication to Campus Dean

If the grievance is not resolved with the Division Assistant Dean, within ten (10) working days the grievant may present the grievance, in writing, to the Campus Dean. Upon receipt of a written grievance, the Campus Dean shall have twenty (20) working days following the date that this communication was filed to conduct an investigation and issue a written decision to the grievant.

If a Faculty Member reports directly to a Campus Dean rather than a Division Assistant Dean, Step One shall refer to Campus Dean and Step Two shall be omitted.

Step Three: Written Communication to Provost

If the grievance remains unresolved, within ten (10) working days the faculty grievant may present the issue in writing, with documentation, to the Provost. Upon receipt of a written grievance, the Provost shall have twenty (20) working days following the date that this communication was filed to conduct an

investigation and issue a written decision to the grievant. A faculty member who presents a grievance to the Provost may also request a position statement from the Faculty Senate.

Step Four: Grievance Review Committee

If a grievance has not been satisfactorily resolved at Step Three, the grievant may, within ten (10) working days of receiving a decision from the College Provost, request that the written grievance be forwarded to the Grievance Review Committee. Upon receiving such request, the Provost shall forward the grievance to the Grievance Review Committee within seven (7) working days.

The Grievance Review Committee will consist of five voting members of the Faculty Association who have continuing status. It will be established in the following manner: at the beginning of the academic year, two eligible faculty members will be chosen by the Faculty Senate and two members will be chosen by the Provost. These four individuals will choose the fifth member by alternately striking names from a list of the remaining eligible faculty. Committee members will elect a Chair from among themselves. Vacancies will be filled according to the guidelines set forth above (if, for example, a committee member chosen by the Faculty Senate has left the College, the Faculty Senate would select that individual’s replacement on the committee).

The Grievance Review Committee will conduct an investigation and present a recommended resolution of the grievance in writing to the grievant(s) and the Provost within thirty (30) working days after receipt of the grievance by the Committee. The Grievance Review Committee will consider written grievances, supporting evidence, and any additional information or materials that the grievant deems relevant to the case.

Rejection or acceptance by each party will be communicated to the Grievance Review Committee in writing within ten (10) working days after receipt of the recommended resolution. A written rejection should specify reasons and may include suggested alternative solutions.

Step Five: Appeal to the College President

If the grievance remains unresolved, within ten (10) working days the grievant may present the grievance in writing, with documentation, to the College President. The College President shall meet with the grievant(s), the Grievance Committee Chair, and the Provost within fifteen (15) working days of receipt of the Grievant’s recommendation. The purpose of said meeting will be to seek resolution to the grievance that is satisfactory to all parties. In the event that a resolution cannot be affected, the President shall issue a written decision to the grievant and shall forward a copy of this response to the Human Resources Department within ten (10) working days from the date of the meeting.

Step Six: Appeal to the College Governing Board

If the grievance remains unresolved, the grievant may appeal to the College Governing Board within ten (10) working days after receipt of the President’s decision. The appeal to the College Governing Board will be addressed to the Board and submitted to the President for delivery to the Board. The College Governing Board shall cr as soon as practicable

consider the grievance at its next meeting o

thereafter. The President will notify the grievant of the decision rendered by the College Governing Board.

Faculty-As-A-Whole Grievance

When the Faculty determines the need to grieve as a whole, the Faculty Senate shall initiate the grievance and shall represent the Faculty upon the affirmation of a majority of voting members of the Faculty Association. The grievance shall be received by the College Provost. The College Provost shall conduct an investigation and respond in writing to the Faculty Senate within twenty (20) working days. If the grievance remains unresolved, the Faculty Senate shall present the grievance in writing to the College President. The College President shall respond in writing to the Faculty Senate within ten (10) working days. If at that time the grievance remains unresolved, the Faculty Senate may vote to require the President of the Faculty Association to present the grievance to the Governing Board. The College Governing Board shall consider the grievance at its next meeting or as soon as practicable thereafter. The Faculty Senate, the College President, or the Governing Board may request a position statement from the AAUP at any point in the process.

Faculty Grievance Policy Chart