University of Nebraska at Kearney
Sections 4.13, 4.13.1 and 4.13.2 of the Bylaws of the Board of Regents provide for the creation of a Faculty Grievance Committee and specify its powers. Article VII.I of UNK Faculty Senate Constitution of the Bylaws of the University of Nebraska-Kearney provides for the membership and specific responsibilities of the Faculty Grievance Committee. The following Rules of Procedure are hereby established for the University of Nebraska at Kearney Faculty Grievance Committee.
|Section 2.||Time Limit for Filing a Grievance.
A grievance must be filed not later than one (1) calendar year after the date the grievant becomes aware of the action or decision which led to the grievance; provided, that any grievance of an action or decision to terminate an appointment for a specific term or a special appointment as a member of the academic-administrative staff shall be filed with the Committee not later than forty-five (45) calendar days prior to the termination date of the appointment, unless the Committee shall find that the grievant has shown good cause which prevented the filing of the grievance within the last stated time limitation.
|Section 3.||Initiation of Proceedings.
Proceedings before the Committee may be initiated by any Faculty member filing a written complaint with the Chair.
|Section 4.||Determination of Jurisdiction.
The Chair will call a meeting of the Committee as soon as possible after filing of a written complaint, The Committee will first review the complaint for the purpose of determining whether the facts and circumstances therein alleged constitute a grievance within the jurisdiction of the Committee. If the Committee finds that no grievance has been stated or if the Committee finds that the complaint does not fall within its jurisdiction, it will communicate any such finding in writing to the grievant stating the reasons for the Committee's finding. If the Committee finds that it would be appropriate to refer the complaint to I another agency or committee within the University, it will also communicate its findings to this effect to the grievant and request authorization from the grievant to send the complaint together with a copy of the Committee's finding to such other appropriate agency or committee. In making determinations as to jurisdiction, the Committee shall be guided by the Bylaws of the Board of Regents, In cases where the Committee has initially declined to accept a complaint as a grievance, a grievant may within seven (7) working days after receipt of written notice of such action refile his or her complaint or file an amended complaint with the Committee, and request that the Committee reconsider its action. The Committee will reconsider the question of whether, or not it should accept the complaint or amended complaint as a grievance. If upon reconsideration the Committee finds that no grievance within its jurisdiction has been stated, or that it does not have jurisdiction, such finding shall be final and there shall be no further proceedings before the Committee with regard to the original or an amended complaint.
|Section 5.||Adoption of Committee Statement of the Grievance.
If the Committee accepts a complaint as a grievance, it will then proceed to adopt a Committee Statement of the Grievance. The Committee Statement of the Grievance shall contain (a) the name of the grievant, (b) the name of each respondent, and (c) a statement in ordinary and concise language of the allegations of fact relating to the grievance, including the action or decision which led to the grievance.
The Committee shall first prepare a draft Committee Statement of the Grievance. A copy of the draft Committee Statement of the Grievance shall be delivered to the grievant. The Grievant shall thereafter have seven (7) working days to deliver to the chair written recommendations for amendments or revisions to the draft Committee Statement of the Grievance. The Committee shall meet as soon as reasonably possible thereafter and adopt a final Committee Statement of the Grievance.
|Section 6.||Service of the Grievance and the Committee Statement of Grievance.
The Committee shall send a copy of the final Committee Statement of the Grievance to each respondent, the grievant, the Chancellor, the appropriate Vice Chancellor and the President of the Faculty Senate, The Committee shall also send to each respondent a copy of the written complaint originally filed with the Committee by the Grievant.
|Section 7.||Informal Procedures.
After service of the Committee Statement of the Grievance as provided in Section 6 of these rules, at the direction of .the committee the Chair may take such action as deemed appropriate to settle the grievance by informal methods of adjustment and settlement as provided by Section 4.13.2 (b) of the Bylaws of the Board of Regents.
|Section 8.||Initiation of Formal Procedures and Definition of Issues to be Investigated.
|Section 9.||Conduct of Formal Investigative Meetings.
For the purpose of conducting a formal investigation of a grievance, the Committee may either designate two or more of its members to act as an investigative subcommittee, or it may act as a wholes Meetings may be conducted separate with the grievant, each respondent, and any other persons called by the Committee to meet with it concerning the grievance or the committee may request that the grievant, respondent, or other witnesses attend meetings jointly.
All persons meeting with the Committee will be requested to respond to questions by the Committee and give testimony relevant to the grievance. Any person meeting with the Committee may in addition to his or her oral testimony also submit. a written statement. The Committee will interview all witnesses suggested by the parties except where it appears that the testimony of a witness would be (a) unduly repetitious of evidence already presented to the Committee, or (b) irrelevant to the grievance. The Committee may also call other witnesses which it feels may have relevant testimony.
|Section 10.||Committee Access to Personnel and Student Records.
In connection with the formal investigation of a grievance it shall be considered a legitimate educational and institutional interest for the Committee to examine any University personnel and student records considered by any person or body in taking the action or making the decision which is the subject of a grievance. The Committee shall be subject to and shall observe all laws, policies, rules and regulations pertaining to preservation of the confidentiality of such records.
|Section 11.||Interference with Committee Investigation.
If there is a reasonable basis in fact for the Committee to believe that any individual is in bad faith impeding the Committee's investigation of a grievance pursuant to Section 4.13.2 of the Bylaws of the Board of Regents, the Committee may refer such matter to the Chancellor or to the Professional Conduct Committee for remedial action.
|Section 12.||Standards for Consideration of a Grievance.
In its deliberations concerning any grievance, the Committee shall be guided by applicable state and federal law, the Bylaws of the Board of Regents, the Bylaws of the University of Nebraska at Kearney, the University of Nebraska Governance Manual, the bylaws, rules or regulations of the relevant administrative units (college, department, division, etc.), and general academic customs and standards. In the event of conflict between different University bylaws, rules or regulations, those of the superior administrative unit shall govern.
Refusal by any person to make documents available, testify, or take personal responsibility for testimony will prevent the Committee from receiving evidence which may be relevant to its investigation of a grievance, and the Committee in its deliberations shall take any such refusals into consideration in making its findings of fact, decisions and recommendations to the Chancellor.
|Section 13.||Committee Report.
Upon completion of an investigation of a grievance In accordance with the formal procedures in these rules, the Committee as a whole shall prepare and adopt a report of its findings of fact, order of reconsideration and/or recommendations, as appropriate, pursuant to Section 4.13.2 of the Bylaws of the Board of Regents and these rules. Any recommendations by the Committee shall be relevant to its findings of fact and may include, but not be limited to, the following:
A report of the Committee shall be promptly delivered to the grievant, each respondent, the Chancellor, the appropriate Vice Chancellor, and the President of the Faculty Senate.
|Section 14.||Reconsideration Ordered by the Committee.
If the report of the Committee orders reconsideration, the Committee shall also recommend in its report the appropriate person, group or groups to accomplish the reconsideration, Upon receipt of a report of the Committee ordering reconsideration, the Chancellor shall forthwith initiate proceedings for reconsideration in accordance with Section 15 of these rules.
|Section 15.||Process for Reconsideration.
|Section 16.||Chancellor's Response to Committee Recommendations.
If the report of the Committee contains recommendations pursuant to subparagraphs (d) (1) and (d) (2) of Section 4.13.2 Section 4.13.2 of the Bylaws of the Board of Regents, the Chancellor shall review the same and within a reasonable period of time make a written response to the Chair stating (a) Recommendations of the Committee which have been accepted in whole or in part and any action taken as a result thereof, and (b) those recommendations of the Committee which have been rejected in whole or in part and the reasons for such rejection.
|Section 17.||General Provisions.