Senate Document #9 (FWC Document #2) GRIEVANCE COMMITTEE PROCEDURE (Revision FWC Document #5 1982-83) The Faculty Welfare Committee favors the adoption of the FWC Document #2. I. Committee Organization 1. Upon receipt of a grievance petition, the chairman shall within one week summons the committee to meet. If no chairman exists, then the faculty member with the longest service at the institution shall assemble the committee. 2. At its initial meeting, the committee shall elect a chairman and shall provide for recording of minutes. 3. Any committee member who is a party to the grievance or who is in the same academic department as the petitioner(s) shall disqualify himself. 4. New members replace outgoing members as of the date of the first faculty meeting of the school year. II. Initial Screening Mere receipt of a petition does not establish the need for a full grievance hearing. The first effort of the committee is to "decide whether the facts merit a detailed investigation" (Handbook, p. 40, section 4). This determination shall be made only by a designated committee member who will secure from the grievant details necessary to explain the petition. Such inquiry shall be made only of the grievant, and findings shall be reported back to the committee simply as allegations. The purpose of this inquiry is to allow members to understand the petition as delivered, to amplify written charges, to remove possible misunderstandings of or ambiguities in the petition, and to ascertain whether at least prima facie the grievant has raised a significant issue. III. Mediation The Grievance Committee may at its discretion or upon request and agreement of the involved parties, first attempt to mediate the dispute without initiating a formal inquiry. Authorization for this procedure is Page 2 found in the Tenure Policies, Section VII, C, paragraph 2, which permits the Committee to "mediate voluntary adjustment by the parties . . ." This procedure can be used in instances requiring dispatch, in cases where the Committee believes a formal inquiry is not warranted yet where disagreements need adjustment, and when re- quested by the petitioners. Proceeding with mediation does not prejudice the case against a later formal grievance inquiry, which may be used where mediation is unsuccessful. The procedural steps outlined in Part IV, (The Formal Inquiry) do not apply to mediation, although confidentiality and other basic steps of discreet inquiry will prevail. In mediation efforts, the Committee provides its good offices and essentially acts as a broker in the dispute. Failure of either party to accept the committee's final offer signals the end of mediation. Committee proposals in these cases shall not be forwarded to administrative officers as in the case of the Formal Inquiry. This inquiry, as all others, shall be made confidentially and shall not be communicated to anyone outside the committee. IV. The Formal Inquiry After conducting an initial screening, the committee may, based on the petition and the amplifying details uncovered, decide by majority vote that the petition warrants a formal inquiry. In conducting a formal inquiry, the Grievance Committee shall offer the petitioner(s) and the accused: --confidentiality of proceedings --hearings with all parties to the petition present --the right to bring legal counsel --the right to offer evidence supporting or refuting charges made in the petition, to cross examine adverse witnesses, to inspect documents presented, and to offer evidence in explanation and rebuttal --the opportunity to present a summary of their position and to reply to charges made during the hearing --the right to challenge a committee member's impartiality and right to serve in the formal hearing. If challenged, the committee will make a finding in executive session before proceeding with the hearing. The committee shall offer to keep a tape of its hearings, and shall allow supervised access to the tape by the petitioners and the accused. A transcript of Page 3 the tape will not be prepared except on request of one of the parties who shall bear the cost of the transcript. The committee shall prepare minutes of each of its meetings, summarizing activity, and listing in detail its findings and the reasons supporting them. The Grievance Committee will forward a copy of its decision to the appropriate administrative officer and to each of the parties in the petition. Forwarding its findings and recommendations ends the Grievance Committee's participation in the dispute. Grievants dissatisfied with decisions by the Grievance Committee possess the right under Section 501C4 of the University Code to appeal directly to the Chancellor.