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Rules and Procedures for the Faculty Grievance Committee
Grievance Form
(also see MCG
Informal Mediation Policy)
The purpose of the Faculty Grievance Committee shall be to work toward the
conciliation of intramural disputes, to guarantee due process for and just
settlement of otherwise irreconcilable grievances, and to help insure the
institutional integrity of the Medical College of Georgia, and to safeguard the
academic freedom of its corps of instruction faculty.
The Faculty Grievance Committee of the Medical College of Georgia shall be an
elected standing committee of the Academic Council. Its members will be elected
by and from the corps of instruction of each school and of the Library of the
Medical College of Georgia. The Faculty Grievance Committee shall act to
implement the policies and procedures established by the Faculty of the Medical
College of Georgia for the resolution of faculty grievances, for appeals
regarding discrimination and harassment complaints, and in matters of suspension
and dismissal of faculty members.
Section 1. Definitions
- Grievance is defined as a complaint arising from the work situation which is
a judged deviation from or misinterpretation or misapplication of reasonable
practice or policy and shall include complaints arising from dismissal and
suspension procedures. This definition is meant to
be as inclusive as practical; however, these areas will generally provide
exceptions to the rules.
- The findings of a committee may be grounds for a
grievance, but individual committee members, generally, are not.
- Policies and proceedings that have their own appeals
process.
- Discrimination and Harassment: Federal laws provide that it is an unlawful
practice for any employer or institution of higher education to discriminate
against an individual - employee, student or faculty - on the basis of that
individual's race, sex, age, religion, or national origin. For purposes of this
procedure, the term "harassment" is defined to include any discriminatory
conduct or practice when:
- Employment hiring, discharge, promotion or discipline or any other decision
related, directly or indirectly, to employment is based upon discriminatory
factors.
- Submission to such conduct is made explicitly or implicitly a term or
condition of an individual's employment or academic standing.
- Submission to or rejection of such conduct by an individual is used as a
basis for employment or academic decisions affecting an individual.
- Such conduct unreasonably interferes with an individual's work or academic
performance.
- In the case of sexual harassment only, such conduct or practice creates an
intimidating, hostile or offensive working or academic environment.
- Coverage:
- Grievance
The procedures described below shall be available in any instance when a faculty
member believes that he or she has a grievance as described above.
- Discrimination or Harassment
The procedures described below shall be available in any instance where a
student or faculty member is either a victim or instigator of harassment. In
cases where all of the involved parties are classified employees, the MCG
Classified Employee Grievance Procedure will be followed. For purposes of any
allegation of harassment, residents and housestaff are considered to be
classified employees.
- Days
Whenever "days" appears in this document, week days, exclusive of holidays are
intended, unless otherwise stated.
- Timelines
The intent of the Faculty Grievance Committee is to handle grievances in as
timely a manner as possible. The timelines indicated in this document indicate
the usual expectations of the Committee. It is recognized, however, that there
are instances in which holidays, graduation, or other events might interfere
with the committee's ability to meet these time frames. As long as the Committee
makes a reasonable effort to meet the stated time frames, the proceedings of the
Committee should not be questioned. Where possible
significant delays should be agreed upon ahead of time by the complainant and
the committee.
Section 2. Faculty Grievance
Committee
The Faculty Grievance Committee shall be an elected standing committee of the
Academic Council elected by each School and the Library by and from the
membership of the Corps of Instruction. The function of the Committee shall be
to review and evaluate all complaints of faculty grievance and faculty, student,
and staff appeals regarding complaints of discrimination and harassment which
are appropriately brought before it. The Faculty Grievance Committee shall be
the faculty body to recommend to the Executive Committee of the Academic Council
candidates for the Hearing Committee to hear cases of dismissal and suspension
as required by the Policy Manual: the Board of Regents Policy 803.11 and 803.12
and detailed in the Board of Regents Minutes, 1969-70, 1974-75, and 1982-83.
- Composition, Election and Meetings of the Faculty Grievance Committee
- Composition: The membership of the Faculty Grievance Committee shall consist
of twenty-four (24) members which shall include five (5) members each from the
Schools of Allied Health Sciences, Dentistry, Medicine, and Nursing, and two (2)
each from the Graduate School and the Library.
- Election of the Faculty Grievance Committee: Members of the Faculty
Grievance Committee shall be elected according to Part II. Bylaws. C. Elections
6. Faculty Grievance Committee of this Manual on Faculty Governance and shall
serve a three (3) year term of office. Vacancies shall be filled at the annual
election. This election will coincide with the general election of the
representatives to the Academic Council.
- Faculty Grievance Committee Officers: The Faculty Grievance Committee shall
annually elect from its membership a Chair, Chair-Elect, and Secretary whose
terms of office shall be effective on the day of their election.
The Chair-Elect will serve as vice-chair if the chair is unavailable.
- Meetings of the Faculty Grievance Committee: The initial meeting of the
Faculty Grievance Committee in each annual session shall be convened by the
Chair of the Executive Committee of the Academic Council by the tenth day of the
annual session at which time the committee will elect and install its officers.
The Faculty Grievance Committee will meet at least twice thereafter (April-May
and September-October) with additional meetings called by its Chair as necessary
for the conduct of its business.
- Records and Reports
- The Faculty Grievance Committee and its subcommittees will maintain minutes
and such other records of their activities as are necessary for the proper
conduct of their duties. During the committee's deliberations, these records
shall be retained by the Chairman of the appropriate subcommittee. When
necessary for multiple individuals to have access to materials, the Chairman of
the subcommittee may either make copies or put information on reserve in
Greenblatt Library, whichever seems most efficient and conducive to
confidentiality.
- Records of the subcommittees are considered to be confidential and, to the
extent required or provided by law, may be released only to the Chairman of the
Faculty Grievance Committee, the President of MCG, Board of Regents, or to the
primary parties involved, except with permission of all necessary parties.
- The Faculty Grievance Committee shall report to the Executive Committee of
the Academic Council annually, or as requested by the Executive Committee of the
Academic Council, concerning its activities. This report will include a
statement of the number of complaints received and their disposition, but will
not report the confidential records of the Preliminary Inquiries.
- Procedural Guarantees
Each faculty member shall be free from any restraint, interference, coercion, or
reprisal on the part of associates or supervisors in making any complaint or
appeal, in accompanying a complainant, in appearing as a witness, or in seeking
information in accordance with these procedures described herein. The above
principles apply with equal force after a complaint has been adjudicated. Should
a violation of these principles be brought to the attention of the Faculty
Grievance Committee, the Committee shall then bring the facts to the attention
of the President of the Medical College of Georgia.
Section 3. Procedures for Faculty
Grievance
- Faculty having cause for complaint shall follow the
established procedures within the complainant's own administrative unit before
filing a grievance with the Faculty Grievance Committee. The objective shall be
to resolve the matter before initiating the Formal Grievance Procedures herein
described.
- A faculty member with a complaint shall first discuss
the grievance with an immediate supervisor. If a resolution of the grievance is
not achieved at this level, the resolution of a grievance shall be pursued at
each administrative level up to the level of the Dean or the appropriate
administrative officer of the school or library in which the complaint arises.
- Where the School or the Library in which the
complainant's appointment is made has an established procedure which is
appropriate to hear the grievance, the complainant should fully utilize the
process before bringing a claim under the provision of this document.
- A complainant who is not satisfied with the outcome of
this procedure may initiate a Formal Grievance Procedure by registering a
written complaint with the Chair of the Faculty Grievance Committee within sixty
(60) calendar days from receipt of written notice of the decision of his or her
administrative unit. Once this complaint has been received these Formal
Grievance Committee Hearing (FGHC) Policies will be followed:
1. General
- It shall be the responsibility of the Faculty
Grievance Committee Chair to appoint two subcommittees for each complaint.
- A Grievability subcommittee to establish the
appropriateness of the complaint.
- A Formal Grievance Committee Hearing (FGHC)
subcommittee that will try the case.
- All proceedings should be held as expeditiously as
possible. Total time from appointing a hearing committee through a report
to the President should generally take about 45 working days.
- Both subcommittees will be appointed for each
complaint unless, in the view of the Chairman, the complaints are related and
could better be handled by one subcommittee.
- The subcommittees should be appointed within seven (7)
days after the receipt of a complaint by the Chair of the Faculty Grievance
Committee.
2. Composition
- The Chair of the Faculty Grievance Committee will
appoint subcommittee members from the membership of the Faculty Grievance
Committee.
- The subcommittee may include no more than one
representative from the department or division from which the complaint is
initiated.
- The Grievability Subcommittee (GS) will consist of
five (5) members.
- Seven members will be appointed to the Formal
Grievance Committee Hearing (FGHC) subcommittee.
3. Determining grievability
- The Grievability Subcommittee (GS) should meet as
expeditiously as possible, using ten (10) working days as a guide.
- It will:
- Determine if the complainant has adequately pursued
the established procedures within the complainant's administrative unit for the
resolution of the stated grievance as described in Sections 3.A, 3.B, & 3.C.
- Determine whether the complaint meets the criteria of
a grievance as defined in Section 1.A.
- As appropriate, seek to bring about a settlement of
the issue which is satisfactory to the parties.
4. Granting a hearing
- Once determined, the GS subcommittee chair will report
its findings to the Faculty Grievance Committee Chair.
- The Faculty Grievance Committee Chair will activate
the FGHC subcommittee and shall be responsible for serving notice to the
necessary parties by hand delivery or Registered Mail when a hearing has been
granted.
- The notice shall include a statement of the specific
charges, the names of the members of the Formal Hearing Committee panel, and a
copy of the Grievance Policies and Procedures, and the date, time and place of
the hearing. At this time, both parties will be given the opportunity to
strike one committee member for cause.
Section 4. Formal Hearing for
Faculty Grievances
A. General
- The Formal Grievance Committee Hearing (FGHC)
subcommittee will consist of 5 to 7 members, depending on whether the parties
exercised their right to strike.
- At this hearing, the subcommittee shall receive its
charge, elect its Chair from its membership, and receive from the Chair of the
Faculty Grievance Committee or other appropriate source(s) such evidence,
testimony, or written records as it may require.
- The committee should convene as quickly after its
select as practical.
B. Procedures
- The Formal Grievance Hearing Committee
shall establish and pursue its own procedures for conducting its inquiry, so
long as those procedures afford due process for all parties and include at least
the following as described by the Board of Regents Minutes, 1974-75, pp. 310-311
which are:
- The Formal Grievance Hearing Committee, in
consultation with the necessary parties, may exercise its judgment as to whether
the hearing should be made public or private;
- During the proceedings, necessary parties shall be
permitted to have an advisory counsel of their choice. The advisory counsel
cannot take part in the hearing, however. The Formal Grievance Hearing Committee
will be permitted to have advisory counsel;
- At the request of any necessary party or the Chair of
the Formal Grievance Hearing Committee, a representative of a responsible
educational association shall be permitted to attend as an observer;
- A tape recording or transcript of the proceedings
shall be kept and made available to necessary parties in the event an appeal is
filed;
- An oath of affirmation shall be administered to all
witnesses by any person authorized by law to administer oaths in the State of
Georgia;
- The Formal Grievance Hearing Committee may grant
adjournments as it deems appropriate to enable either party to investigate
evidence as to which a valid claim of surprise is made;
- Necessary parties shall be afforded a reasonable
opportunity to obtain necessary witnesses and documentary or other evidence;
- Necessary parties will be afforded the opportunity to
question all witnesses testifying at the hearing. Where a witness cannot or will
not appear but the Committee determines that the interests of justice require
the admission of his or her statement, the Committee will identify the witness,
disclose the statement and, if possible, provide for interrogatories;
- The Formal Grievance Hearing Committee is not a legal
trial and will not be bound by strict rules of legal evidence and may admit any
evidence which is of probable value in determining the issues involved. Every
possible effort will be made to obtain the most reliable evidence available. All
questions relating to admissibility of evidence or other legal matters shall be
decided by the Chair or presiding officer of the Formal Grievance Hearing
Committee;
- The recommendation of the Formal Grievance Hearing
Committee will be based solely on the hearing record;
- Except for such simple announcements as may be
required covering the time of the hearing and similar matters, public statements
and publicity about the case by any party should be avoided until the
proceedings have been completed, including consideration by the Board of Regents
in the event an appeal is filed. The President of the Medical College of Georgia
and all necessary parties will be notified in writing of the recommendations, if
any, of the Formal Grievance Hearing Committee.
- Suspension of Hearing Committee process: once a
grievance has been filed and a Formal Hearing Committee has been designated, the
process may be suspended, only if both parties agree to a temporary suspension
of the grievance. The purpose of a temporary suspension of the grievance is to
allow the parties to reconcile or allow for a third-party mediation. Should
reconciliation by the parties or third-party mediation occur, the grievance will
be terminated only by acquiescence of both parties.
- In cases of suspension or dismissal of a tenured
faculty member or of a non-tenured faculty member before the end of the
contractual term, the President shall follow the preliminary procedures
described in the Policy Manual: the Board of Regents, Policy 803.11 and detailed
in the Board of Regents Minutes, 1974-75. The Formal Hearing Committee for the
dismissal procedure shall be appointed as provided for in Section 4 of this
document. In addition to the procedures set forth in Section 4 of this document,
the following shall apply in hearing a case involving dismissal of a faculty
member.
- Service of notice of the hearing with specific reasons
of charges against the faculty member, together with the names of the members of
the Formal Grievance Hearing Committee, shall be made in writing at least ten
(10) days prior to the hearing. The faculty member may: (1) waive a hearing, or
(2) respond to the charges in writing at least seven (7) days in advance of the
date set for the hearing. If a faculty member waives a hearing but denies the
charges or asserts that the charges do not support a finding of adequate cause,
the Formal Grievance Hearing Committee shall evaluate all available evidence and
rest its recommendations upon the evidence in record.
- If the Formal Grievance Hearing Committee concludes
that adequate cause for dismissal has not been established by the evidence in
the record, it will so report to the President of the Medical College of
Georgia. If the President does not approve the report, the reasons shall be
stated in writing to the Formal Grievance Hearing Committee for response before
rendering a final recommendation. If the Formal Grievance Hearing Committee
concludes that an academic penalty less than dismissal would be more appropriate
than dismissal, it may so recommend with supporting reasons. The President may
or may not follow the recommendations of the Formal Grievance Hearing Committee.
- After complying with the foregoing procedures, the
President of the Medical College of Georgia shall send an official letter to the
faculty member giving notice of retention or removal for cause. Such a letter
shall be delivered to addressee only with receipt to show by whom and when
delivered and address where delivered. The letter shall clearly state any
charges which the President has found sustained and shall notify such person
that an appeal may be made to the Board of Regents within twenty (20) days
following the decision of the President. The letter shall state the decision
complained of and redress desired. The Board of Regents or a committee of the
Board shall investigate the matter thoroughly and render its decision thereon
within sixty (60) days from the date of any hearing which may be held thereon.
- Upon dismissal by the President of the Medical College
of Georgia, the faculty member shall be suspended from employment without pay
from the date of the final decision of the President. Should the faculty member
be reinstated by action of the Board of Regents, compensation shall be made from
the date of suspension.
- The Formal Grievance Hearing Committee shall, within
five (5) days of the completion or termination of its hearings, file a written
report of its findings of fact and of its recommendations for administrative
action with the President of the Medical College of Georgia. Copies of this
report shall be sent to all necessary parties involved.
- During the course of each hearing, the Formal
Grievance Hearing Committee shall keep minutes of its meetings and such other
records of its activities as it deems necessary and shall at its discretion
include information derived there from its reports to the President of the
Medical College of Georgia.
- The Formal Hearing Procedure may be terminated at the
discretion of the Formal Grievance Hearing Committee at any time upon request of
the complainant.
- In the event that a necessary party feels that the
Formal Grievance Hearing Committee has not complied with the policies and
guidelines for the Formal Grievance Procedure set forth herein, said party shall
have the right of appeal to the Executive Committee of the Academic Council of
the Medical College of Georgia for review, provided that the appeal is made
within thirty (30) days of notice of the ruling of this Formal Hearing Committee
to that party.
Section 5. Procedures for Discrimination
and Harassment Appeals
- Procedures Within a School or Administrative Unit
- Each school shall establish and administer its own rules and procedures for
discrimination and harassment complaints. It shall be the purpose of such rules
and procedures to resolve such matters, whenever possible, or to provide a final
written recommendation for the school or administrative unit which shall be
communicated to all parties to any complaint.
- Classified employees accusing another classified employee of
discrimination/harassment shall follow the procedure described in the
MCG Employee Handbook.
- When both complainant and accused parties are enrolled/employed within the
same school, the complainant shall fully utilize the formal hearing procedures
established by that school or administrative unit. Whenever involved parties are
from different schools, the procedures followed shall be those of the School of
the accused party.
- Where there is no formal hearing procedure in a school, the complaint shall
be discussed first with an immediate supervisor. If a resolution of the
complaint is not achieved at that level, a resolution shall be pursued at each
administrative level up to the Dean.
- Faculty, staff, and students may also bring complaints directly to certain
administrative officials. Faculty members and all other parties may contact the
Vice President for Academic Affairs (EEO/AA Officer); classified employees may
contact the Assistant EEO/AA Officer; and students may contact the Vice
President for Student Affairs. A written statement concerning the specific
nature of the complaint and the parties involved shall be forwarded to the
appropriate Dean and/or the Director of Personnel. The Dean(s) shall immediately
consult the MCG Legal Office for procedural direction.
- The Dean shall issue a written statement of his/her final decision to both
the complainant and the accused party.
- Functions of the Faculty Grievance Committee
- To review all appeals from school or administrative unit recommendations
regarding discrimination and harassment complaints;
- To determine if a hearing of such appeals shall be granted;
- To appoint a Formal Grievance Hearing Committee;
- To make recommendations to the President regarding the appeal;
- To make an annual review of its rules and procedures and to make
recommendations to the Academic Council for appropriate revision.
- Application for Appeal
- All requests for appeal must be made to the Committee Chair of the Faculty
Grievance Committee within ten (10) days of receipt by the applicant of written
notice of final action by that applicant's Dean or administrative unit
supervisor.
- All applications for appeal must be submitted in writing and shall include
at least:
- A statement of particulars sufficient to describe the original complaint
made by or against the applicant;
- A description of the treatment of that complaint to date;
- A written notice of the administrative recommendation and action from which
the applicant wishes to appeal.
- Applications for appeal shall be approved by the Chair of the Faculty
Grievance Committee, provided that:
- The written application is complete;
- The applicant has fully utilized all remedies available in his or her school
or administrative unit;
- And the original complaint involved discrimination or harassment as defined
in these rules and procedures.
- The Chair's disposition of an application shall be made within ten (10)
working days of filing.
- Immediate notice of said disposition shall be made by hand-delivered or
registered mail to the following:
- The applicant;
- All parties to the original complaint which gave rise to the appeal;
- The applicant's Dean or administrative unit supervisor;
- In all cases, the Vice President for Academic Affairs/EEO-AA Office;
- Where a student is involved, the Vice President for Student Affairs;
- And, where a staff member is involved, the Director of Personnel.
- Appointment of the MCG Discrimination and Harassment Appeals Subcommittee
- If an appeal hearing is granted, the Chair of the Faculty Grievance
Committee shall appoint, subject to the approval of the Committee, a Hearing
Subcommittee composed of five (5) members.
- None may be a member of the appellant's department or equivalent or of any
body which has heard any case based upon the facts in question.
- The sources for Hearing Subcommittee members are as follows:
- Faculty--corps of instruction;
- Students--Student Government Association (SGA);
- Staff--classified employees.
- The Hearing Subcommittee shall be appointed within five (5) working days of
notice of grant of an appeal.
- Composition of the Hearing Subcommittee shall depend upon the parties
involved in the original complaint and shall be constituted as follows:
- Five (5) faculty members when only faculty are involved;
- Three (3) faculty members and two (2) students selected by the SGA when both
students and faculty members are involved;
- Three (3) faculty and two (2) staff members when both faculty and staff are
involved;
- One (1) faculty member, who shall serve as chair, two (2) students and two
(2) staff members when both students and staff members are involved;
- One (1) faculty member, who shall serve as chair, and four (4) students when
only students are involved;
- When only staff members are involved, these rules and procedures shall not
apply. Those cases shall be heard according to the provisions of the MCG
Employee Handbook.
- The Chairman of the Faculty Grievance Committee shall appoint the Chairman
of the Hearing Subcommittee from the Corps of Instruction.
- Rules and Procedures for Formal Hearing
- The Chair of the Faculty Grievance Committee shall convene the Hearing
Subcommittee within seven (7) working days of its formation. At this first
meeting, the Subcommittee shall receive its charge and a copy of the application
for appeal.
- In cases where more than one of the parties to the original complaint have a
hearing granted, all appeals shall be heard concurrently and by the same Hearing
Subcommittee;
- The Hearing Subcommittee shall follow procedures described in
Section 4.B.2 of this document.
- Final Recommendations of the Faculty Grievance Committee
- Within twenty (20) working days of its constitution, the Hearing
Subcommittee shall submit its recommendations, including any minority reports,
to the Chair of the Faculty Grievance Committee.
- The Chair shall immediately distribute the report to the President and to
all parties who received notice of the Committee's grant of appeal.
- Within seven (7) working days of receipt of the report, the President shall
give written notice of his decision by hand-delivered or registered mail to the
Chairman of the Faculty Grievance Committee and all parties who received notice
of the Committee's grant of appeal. The President may choose to give the matter
further study by invoking the option to establish an ad hoc review committee.
- These procedures shall constitute the final MCG appeal from actions
regarding claims of discrimination or harassment, except as provided for
suspension or dismissal of a faculty member and appeals to the Board of Regents
(See Section 7 below).
Section 6. Disposition of Materials Collected
The findings and recommendations of the Faculty Grievance Committee, its
subcommittees, and the Formal Hearing Committee may be made public only by
action of all necessary parties included in the grievance. At the completion of
the Grievance Procedure, all materials collected during the Procedure shall be
transferred to MCG Records Holding Area where they will be kept for a period of
four (4) years, after which time they shall be destroyed. Neither these
documents nor any materials pertinent to the grievance shall be placed in the
personnel file of the faculty member held by the University unless so requested
by the faculty member.
Section 7. Right of Appeal
- Suspension or Dismissal of a Faculty Member
In cases of suspension or dismissal of a tenured faculty member or a non-tenured
faculty member before the end of the contractual term, the President shall
follow the procedures described in the Policy Manual: the Board of Regents,
Policy 803.11 and detailed in the Board of Regents Minutes 1974-75. The Formal
Hearing Committee for that procedure shall be appointed as provided for in
Section 5.A of Rules and Procedures for Faculty Grievance and shall be conducted
according to Section 5.B. of same.
- Appeals to the Board of Regents
Election by a faculty member, student or staff member to use these rules and
procedures shall not affect the right of such person to appeal to the Board of
Regents as provided for in Policy Manual: the Board of Regents, Policy 201.08.
Section 8. Review and Revision
of this Procedure
This document shall provide ready access to a faculty grievance procedure. It
should be reviewed and revised as appropriate within two (2) years.
Approved by the Grievance Committee
January 31, 1995
Accepted as modified by the Executive Committee
February 9, 1995
Approved by the Academic Council
February 16, 1995
Revisions approved by the General Faculty
Assembly May 21, 1998
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