OFFICIAL
Policy and Procedure Statement 8.08
Faculty Grievance Policy
Revised: 6/01
(10 Paragraphs)
Review Cycle: April 1, EY
Review Date: April 1, 2002
Reviewer: Provost
PURPOSE
  1. Section 4.42 of Chapter V of the Regents' Rules permits a faculty member to present a grievance, in person, to the President or his designee, on an issue related to wages, hours of employment, conditions of work, promotion denial, or the non-renewal or termination of employment.
  2. This PPS sets forth procedures for faculty grievances except for the following:
    1. Harassment and Discrimination Grievances. UPPS 04.04.42 (Sexual Harassment) contains procedures for sexual harassment complaints. UPPS 04.04.46 (Illegal Discrimination) contains procedures for complaints of racial harassment and illegal discrimination on the basis of race, color, national origin, age, religion, sex, or disability.
    2. Procedures Involving Due Process. Procedures for due process in terminating (1) tenured faculty members; (2) nontenured faculty before the end of their current period of employment; and (3) faculty under special circumstances are contained in Sections 4.5 and 4.6 of Chapter V of the Regents' Rules.
DEFINITIONS
  1. In this PPS the following terms have the definitions set forth.
    1. Faculty Member : a person employed full-time by Texas State, including professional librarians, whose duties include teaching, research, administration, or the performance of professional services. It does not include department chairs or a person who holds faculty rank but spends the majority of his or her time engaged in managerial or supervisory services.
    2. Ombudsman : a person designated by the President to help faculty members resolve work-related issues. The Ombudsman is neutral, and is not an advocate for either employee or management. The President will appoint the Ombudsman from a list of candidates recommended by a committee composed of three faculty senators (appointed by the Chair of the Faculty Senate) and three chairs or deans (appointed by the Provost). The Ombudsman will receive release time and serve a three-year term. The Ombudsman will develop procedures to facilitate the timely and equitable adjudication of faculty grievances and, via the Faculty Senate, recommend changes in the policy itself.
    3. Administrator : A member of Texas State's administration. The term includes vice presidents, deans, and other administrators as determined by the President .
GRIEVANCE PROCEDURES

  1. Informal Resolution . Faculty members must make good-faith efforts to resolve issues collegially by discussing their concerns with their chair or dean. If these discussions do not resolve the issues, faculty may request intervention by the Ombudsman.
    1. The Ombudsman may investigate and report findings in an effort to achieve equitable settlements. The Ombudsman may arrange, attend, participate in, and keep records of meetings between the faculty member and the chair, dean, or other person to explore possible settlement of the issues.
    2. A collegial settlement can be arranged as either an informal agreement or as a written document specifying the settlement's terms.
  2. Mediation . Faculty and administrators are encouraged to take advantage of the available mediation process before filing grievances. Participation in mediation is voluntary, and all parties must agree to participate. The Ombudsman must inform the parties of the availability of mediation and attempt to secure an agreement to mediate.
  3. Formal Grievance . If the Ombudsman determines that informal resolution is neither possible or satisfactory, the faculty member may file a formal grievance, using a form provided by the Ombudsman ( Attachment A ).
    1. Time Limit . The faculty member must file the grievance no later than 90 days after the faculty member learns (or in the exercise of reasonable care should have learned) of the action or condition giving rise to the grievance
      1. Although the parties may still resolve the matter informally, they may not use the formal grievance procedure after that time.
      2. The Hearing Officer may consider only those grievances that are filed in a timely manner. However, during a grievance the Hearing Officer may hear evidence related to the events that occurred earlier if it is relevant to show motive, intent, plan, knowledge, or absence of mistake or accident.
    2. Copies . The Ombudsman will forward copies of the grievance to: (1) the hearing officer designated by the President ; (2) the responding party; (3) the Provost; and (4) the chair of the Faculty Senate.
    3. Communication . After a formal grievance is filed, the parties may communicate on the grievance issues only through the Ombudsman or the Hearing Officer until the matter is resolved.
  4. Grievance Hearing . As provided in Section 4.42 of Chapter V of the Regents' Rules, the President will designate a hearing officer to hear the grievance. The Hearing Officer will make a recommendation to the President , who will make the final decision regarding the grievance.
    1. Ordinarily, the Hearing Officer will be a tenured member of the faculty, appointed for a three-year term. The President may remove the hearing officer at any time and for any reason, and may appoint a successor. However, if the grievance involves termination or non-renewal of a faculty member's employment at Texas State, the President will appoint an administrator (on an ad hoc basis) to serve as the hearing officer, in order to comply with Education Code § 51.960.
    2. The faculty member may present the grievance individually or through a representative who does not claim the right to strike.
    3. A hearing officer may not recommend changing action regarding:
      • tenure,
      • non-renewal,
      • termination of employment, or
      • denial of promotion

    unless the faculty member establishes, by a preponderance of the evidence, that he or she has been denied a right guaranteed by the Constitution or laws of the United States or the State of Texas .

    1. A hearing officer may not recommend changes in disciplinary actions taken against a faculty member unless the faculty member establishes, by a preponderance of the evidence, that the disciplinary action was an abuse of discretion and authority of the person imposing the disciplinary action.
    2. In all other cases the faculty member must establish his or her position by a preponderance of the evidence.
    3. A hearing officer may develop rules for the grievance as he or she determines is appropriate.
  5. Ombudsman's Records. The Ombudsman is not required to maintain records. No party or hearing officer may use the Ombudsman's testimony or any of the Ombudsman's records in a grievance.
  6. Other Records. The Faculty Senate will maintain in its offices the following records. Other records pertaining to the grievance may be destroyed or returned to the proper person.

Record

Length of Retention
The recommendation to the President from the Hearing Officer or the Faculty Hearing Committee.

Three years from their dates of submission.
The President 's decisions on the grievances.

Three years from their dates.

Supporting documents submitted by the parties in
connection with the grievance.

Two years from the date of the grievance hearing.

The original audio recording of the grievance hearing.

Two years from the date of the grievance hearing.

Any other documents associated with the grievance
hearing

Six months from the date of the grievance hearing.

CERTIFICATION STATEMENT

  1. This PPS has been approved by the reviewer listed below and represents Texas State's Division of Academic Affairs policy and procedure from the date of this document until superceded.
Review Cycle: _____________________________ Review Date: _______________________
Reviewer: ________________________________ Date: _____________________________
Approved: ________________________________ Date: _____________________________
  Perry Moore  
  Provost and Vice President for Academic Affairs  
 
Texas State University-San Marcos
Provost and Vice President for Academic Affairs
Last Updated: June 28, 2005
Send comments and questions to: sr27@txstate.edu