ºÚÁÏÉçÇø

3.4.1 In the event the ºÚÁÏÉçÇø elects not to pursue an informal resolution, is not satisfied with the Chair’s informal resolution, or the Chair determines that he or she is unable to resolve the matter informally, a formal grievance may be filed challenging a grade and/or charging an instructor with a violation of Good Teaching Practices.

3.4.2 The written complaint and any written response from the instructor submitted as part of the informal resolution process form the basis for the grievance. If the informal resolution process has not been engaged, the ºÚÁÏÉçÇø must submit to the Chair a written, dated and signed complaint stating the name of the instructor, the course, a precise description of the nature of the complaint including, as appropriate, the provision(s) of the Good Teaching Practices alleged to have been violated, a brief description of the incident(s) giving rise to the grievance, any supporting documents, and the remedy requested. The instructor may elect to submit a written response.

3.4.3 The Chair shall appoint a Committee of faculty members (at least three) to hear the grievance and name one of its members as chair. The Chair will provide the grievance committee with copies of the ºÚÁÏÉçÇø’s complaint and the instructor’s response.

3.4.4 Each party shall have the right to call a reasonable number of witnesses to support his or her position. Witnesses shall be present only when their testimony is being given. Each party may bring an advisor to the proceedings. However, representation by legal counsel is not permitted. Both the ºÚÁÏÉçÇø and the instructor shall have the right to question each other and inquire into any testimony given at the hearing. The Committee may receive any information it believes will be helpful.

3.4.5 Within seven (7) calendar days after the close of the hearing in the matter, the Hearing Committee shall present its recommendations in writing to the Chair, the ºÚÁÏÉçÇø, and the instructor.

3.4.6 If the ºÚÁÏÉçÇø asks only for a grade review, the review of the grade will be handled within the department and may not be appealed. Although a grade change may be recommended by the Chair and/or by the Hearing Committee, the final decision regarding change of grade rests with the instructor.

3.4.7 A ºÚÁÏÉçÇø may appeal a departmental decision on a charge of a violation of good teaching practices.

If the ºÚÁÏÉçÇø wishes to appeal the decision beyond the department level, the ºÚÁÏÉçÇø must follow the procedures outlined in the Academic Grievance Policy found in the Student Handbook, Section 1.7.B. A divisional grievance committee will not adjudicate a violation of Good Teaching Practices unless the written complaint is lodged before 5 p.m. Friday of the eleventh week of the fall or spring semester that follows the term in which the alleged violation occurred.

[See MUPIM Section 8.1 Grievance Procedures Available To Members of the Instructional Staff]

3.6.1 Pre-Grievance Requirements

Before a grievance is initiated, the faculty member is expected to engage in constructive discussion and consultation with the individual(s) involved, in order to assure that concerns are understood, and to attempt to reach a resolution. Faculty members are also encouraged to consult as appropriate with deans, chairs, colleagues, representatives of the provost's office, or the Chair or any member of the Committee on Faculty Rights and Responsibilities for advice and counsel. The objective of such consultation is to resolve disputes and misunderstandings by clarification and conciliation, in order to avoid the need to initiate a grievance.

3.6.2 Scope of Grievance Procedure

3.6.2.a A grievance is a request for a particular decision or action; or a request for modification of, or relief from, a decision or action previously taken. The purpose of the grievance procedure is to enable members of the faculty to raise questions and concerns, to attempt to resolve differences and, where appropriate, obtain redress, in matters directly affecting an individual or group relationship with the University.

3.6.2.b A grievance must identify a particular action, inaction, or decision, and an individual or individuals within the academic division of the university believed to be responsible for it.

3.6.2.c A grievance may not be initiated where the subject matter of the proposed grievance is: an action or decision exclusively affecting one or more individuals other than the grievant, a decision or action as to which the grievant has already been afforded the right to a University level hearing, whether or not such right was exercised.

3.6.3 Submission of Written Grievance

A grievance is initiated by the submission of a written statement of the grievance to the Committee on Faculty Rights and Responsibilities via the Chair of the Committee. A grievance should be filed with the Committee only after such time as the individual has exhausted all other means of redress as specified in 3.6.1.20