FACULTY GRIEVANCE PROCEDURE,
SOUTHERN ILLINOIS UNIVERSITY EDWARDSVILLE
PERSONNEL POLICIES, SIUE, II 12-19
WC #06-11/12 approved by the Welfare Council 3/15/2012
Approved by the Faculty Senate 5/3/2012
Approved by the Chancellor 06/14/2012)
This Faculty Grievance Policy, as authorized by the Board of Trustees of Southern Illinois University, provides a means for faculty to resolve disputes between members of the Southern Illinois University Edwardsville community quickly and fairly. Its existence gives assurance that the University will act responsibly toward each member of the faculty. Although the Faculty Grievance Policy's immediate end is the service of justice, it is also conducive to higher morale and more efficient performance. Good faith participation is necessary for this Faculty Grievance Policy to serve its important purpose. Therefore, any retaliatory act taken against a participant to a grievance proceeding is prohibited and should be reported immediately to the Provost and Vice Chancellor for Academic Affairs.
Faculty grievances falling within the subject matter of this Faculty Grievance Policy shall not be suspended, including if a complaint concerning the grievance is filed external to the University. All faculty should attempt to resolve complaints informally whenever possible, making use of the formal grievance procedure of their department or faculty unit, if one has been previously enacted, the Faculty Ombuds Service, and/or informal resolution, including mediation, if available. Informal resolution and dismissal of a grievance by the involved parties may occur at any time during the grievance process, including during a formal hearing, if the parties mutually agree to such resolution and dismissal.
If informal dispute resolution is unsuccessful, a formal written grievance may be filed through the Office of the Provost and Vice Chancellor for Academic Affairs or the Provost's designated representative. The Office of the Provost shall supply all necessary and reasonable support for a grievance proceeding exclusive of attorney's fees and expenses of the grievant.
Substantial, good faith compliance with this Faculty Grievance Policy constitutes full compliance. While the time provisions of this Faculty Grievance Policy shall be observed in a fair and equitable manner, such limits may be waived upon agreement in writing of all parties to a grievance or under extenuating circumstances as determined by the Provost.
The Faculty Grievance Policy shall be available to any current faculty member or former faculty member to resolve disputes involving an alleged violation of the policies of the Board of Trustees or Southern Illinois University Edwardsville.
II. Grievable Matters
As defined by policy of the Board of Trustees of Southern Illinois University, a grievance is a formalized disagreement between a faculty or staff member and a University officer or officers regarding a decision of such officer(s) which affects the faculty member or staff member individually. Officers shall include, but are not limited to, the Provost, Associate Provost, Assistant Provost, directors, deans, and chairs. Under this Faculty Grievance Policy, a faculty member may also file a grievance against another faculty member. The Faculty Grievance Policy shall be available to any current faculty member or former faculty member to resolve disputes involving an alleged violation of the policies of the Board of Trustees or Southern Illinois University Edwardsville. The subject matter of complaints from former faculty members shall be limited to matters pertaining to their separation from employment. Complaints must be received in the Office of the Provost within ninety calendar days of the act or omission giving rise to the complaint, or the date on which the employee or former employee knew, or reasonably should have known, of the act or omission, whichever is later. If this Faculty Grievance Policy is being used as an appeal subsequent to departmental or unit grievance procedures, the grievant must file the Statement of Grievance with the Office of the Provost within thirty calendar days following the conclusion of the unit grievance process. Complaints alleging illegal discrimination (age, color, disability, marital status, national origin, race, religion, sex, sexual orientation, or veteran's status) must be filed in the Office of Equal Opportunity, Access and Title IX Coordination for resolution and are not subject to review under this Faculty Grievance Policy. A party's dissatisfaction with the outcome of a prior grievance shall not be a grievable matter. Complaints against the Chancellor shall not be grievable under this Faculty Grievance Policy and must be directed to the Office of the President for resolution. The Faculty Grievance Committee (FGC) shall determine whether a dispute is appropriate and grievable under the Faculty Grievance Policy.
A. Administrator: An SIUE Academic Affairs professional staff employee, including the Provost, Associate Provost, Assistant Provost, directors, deans, chairs or their equivalent, who manages or supervises SIUE policies, procedures and/or personnel.
B. Advocate: A member of the University faculty who has agreed to advise and/or represent the Grievant or Respondent during the course of the grievance. The identity of the advocate must be made known to the other party and Hearing Panel in writing prior to the hearing. The Hearing Panel may allow a party to name a different Advocate during the course of a grievance upon a showing of good cause.
C. Burden of Proof: The grievant shall have the burden of proving their case by a preponderance of evidence.
D. Decision: The final decision by the Provost and Vice Chancellor for Academic Affairs made in response to the Hearing Panel Report.
E. Evidence: Any manner of proof presented at a hearing of a grievance by the parties through testimony, records, documents, exhibits, and/or objects for the purpose of showing the truth or falsity of the issues in dispute between the parties to the grievance.
F. Ex Parte Communication: A communication between a party to a grievance and any member of the Hearing Panel or the Provost prior to issuance of the final report of the Hearing Panel that pertains to the subject matter of a grievance and is conducted in the absence of the opposing party. Ex parte communications are prohibited unless written consent is given by the absent party.
G. Faculty: All full-time tenured, tenure track and all other non-represented faculty of the University who hold the rank of lecturer, instructor, assistant professor, associate professor or professor, including those persons who are employed as visiting instructors, clinical instructors, research professors, etc., in tenure granting units.
H. Faculty Grievance Committee (FGC): The elected standing committee of full-time tenured faculty, representing all faculty units, with the responsibility to conduct preliminary review of complaints to determine which are grievable and to assemble the Hearing Panel for each grievance. All tenured faculty are eligible for election to the FGC. No administrator, including, but not limited to, deans, associate deans, assistant deans and chairpersons, shall be part of the FGC.
I. Faculty Ombuds: A tenured faculty member selected by the Welfare Council of the Faculty Senate for the purpose of providing impartial, confidential and informal conflict resolution of disputes for faculty members and administrators. The Faculty Ombuds shall not participate in the formal grievance procedure if such service conflicts with the role of Faculty Ombuds.
J. Faculty Panel: The pool or group of full-time tenured faculty from which one member of the three person Hearing Panel is selected. All tenured faculty are included in the Panel, except for current members of the FGC and the Faculty Ombuds. No administrator, including deans, associate deans, assistant deans and chairpersons, shall be part of the Panel.
K. Faculty Unit: A faculty unit as listed in the Faculty Senate Constitution and Bylaws. These are: College of Arts and Science, School of Business, School of Dental Medicine, School of Education, School of Engineering, School of Nursing, School of Pharmacy, and Lovejoy Library.
L. Grievant(s): The person(s) bringing the grievance.
M. Hearing: The proceedings in which the Hearing Panel is presented with testimony and other evidence, and develops the written record upon which it must base its findings of fact, conclusions, and recommendation.
N. Hearing Panel: The three-person panel selected to hear testimony and to make findings of fact, conclusions and recommendations. The Hearing Panel shall have two members selected from the FGC and one member selected from the Faculty Panel.
O. Hearing Panel Report: The written report of the findings, conclusions and recommendations reached by the Hearing Panel, based upon facts presented in a hearing.
P. Legal Counsel: A licensed attorney at law representing the legal interest of a party to a grievance.
Q. Notice: Written communication to the parties, Provost and Vice Chancellor for Academic Affairs, Welfare Council Chairperson, FGC Chairperson, Hearing Panel Chairperson, or other administrators shall be made by campus mail, U.S. Postal Service, or overnight delivery. Notices may be accompanied or preceded by an e-mail message.
R. Party to a grievance: Grievant and respondent(s)
S. Record: The written statements, documentary evidence, and the audio tape of the Hearing of a grievance. Personal notes taken by the parties involved and by members of the Hearing Panel during the Hearing and related deliberations shall not be considered part of the Hearing Record.
T. Relevancy: That quality of evidence which renders it proper application in determining the truth and/or falsity of the issues in dispute between the parties to the grievance.
U. Respondent(s): The person(s) against whom the complaint is brought.
1. A faculty member wishing to bring a grievance against a committee shall file such a grievance against the chair of the committee in question as a representative of the committee and as someone familiar with the activities, deliberations, and decisions of the committee rather than against multiple individual members. Individual members of the committee against which the grievance is filed shall have the opportunity to appear before the Faculty Grievance Committee if such appearance is deemed necessary by either party or by the FGC.
V. Return Receipt: A receipt including the signature of the individual receiving materials and the date received.
W. Statement of Grievance: The notarized written document filed with the Office of the Provost and Vice Chancellor for Academic Affairs. The Statement of Grievance prepared by the grievant shall identify the following in a focused and specific manner:
1. Identify the respondent(s) by name and position.
2. Cite and quote the policy allegedly violated by the respondent(s).
3. Provide the date(s) of the alleged policy violation.
4. Prepare a brief, factual, and accurate statement of the reason(s) for the filing, the specific act(s) upon which the grievance is based, and any prior efforts to resolve the disagreement.
5. Provide a statement of the relief being sought by the grievant.
The grievant faces the task of presenting a persuasive argument for careful consideration by the FGC, the Hearing Panel, and the Provost and Vice Chancellor for Academic Affairs. The grievant must explain how a decision that allegedly violated a Board of Trustees or Southern Illinois University Edwardsville policy impacted the grievant individually. The grievant shall have the burden of proving their case by a preponderance of evidence.
X. Testimony: Oral evidence heard by the Hearing Panel and written statements or documents read to the Hearing Panel by any party.
Y. Welfare Council Chairperson: The Chairperson of the Faculty Senate Welfare Council.
Z. Witness: A person providing evidence for any party in the grievance.
AA. Working Day: Any weekday (Monday through Friday) when the University is officially open and conducting business. All reference to "day" as a time to perform under this Faculty Grievance Policy shall be considered a "working day" as defined herein unless otherwise specifically noted to the contrary.
IV. Initiating a Grievance
A. A person who wishes to initiate a grievance shall file a notarized Statement of Grievance (as described in Article III (W), Statement of Grievance) with the Office of the Provost and Vice Chancellor for Academic Affairs within thirty calendar days of the act or omission giving rise to the grievance, or the date on which the employee knew, or reasonably should have known, of the act or omission, whichever is later. A grievance naming the Provost or a member of the Provost's Office shall be filed with the Office of the Chancellor. (The Statement of Grievance must include all elements listed in Article III (W), Statement of Grievance.) A grievance naming the Provost or a member of the Provost's Office as a respondent shall return to the Chancellor all grievance responsibilities associated with the Provost.
B. Complaints must be received in the Office of the Provost within ninety calendar days of the act or omission giving rise to the complaint, or the date on which the employee or former employee knew, or reasonably should have known, of the act or omission, whichever is later. If this Faculty Grievance Policy is being used as an appeal subsequent to departmental or unit grievance procedures, the grievant must file the Statement of Grievance with the Office of the Provost within thirty calendar days following the conclusion of the unit grievance process.
C. Formal action on a grievance may not be postponed except as allowed under this Policy. The grievant may request in the Statement of Grievance that formal action on the grievance be postponed for a period up to thirty calendar days during which time efforts to resolve the grievance informally shall be made. The grievant may terminate the postponement period at any point by notifying the Provost or the Provost's designated representative in writing. In the case of a hearing which would ordinarily commence during the summer term, the grievant, respondent, or the chair of the FGC, or designated representative, may postpone the grievance until the beginning of the following fall term.
D. Upon receipt of the Statement of Grievance, the Provost or Provost's designated representative shall forward the statement of grievance to the chair of the FGC within five working days.
E. The FGC chair shall, within five working days, forward copies of the Statement of Grievance to the members of the FGC and schedule a meeting of the full FGC and the person filing the statement of grievance at the earliest available date. A majority of the FGC membership shall constitute a quorum for this meeting.
1. The purpose of the FGC meeting shall be to review the Statement of Grievance and to determine whether the issues raised in the statement are grievable.
2. The FGC meeting shall be initially closed to discuss the merits of the Statement of Grievance and then the person filing the statement shall present the details of the case. The FGC may make any inquiry of the person at this meeting to determine whether the matter is grievable. The presentation and question period shall not exceed thirty minutes, unless extended by majority vote of the FGC.
3. Following presentation by the person filing the Statement of Grievance, the participating FGC members shall have five days to collect any additional information deemed relevant, deliberate, and determine by majority vote whether the matter is grievable. Any vote that is deemed a tie shall fall in the favor of the grievant(s).
4. In cases of multiple respondents, the respondents will be heard by one Hearing Panel. However, a respondent may petition the FGC for a separate hearing if they can show good cause.
F. The FGC chair shall notify the person filing the Statement of Grievance, the Provost, and the Chair of the Faculty Welfare Council within five days of the FGC's determination.
G. If the matter is deemed not grievable by the FGC and the grievant wishes to appeal, a written appeal of such determination must be filed with the Provost within five working days. The Provost shall render a final written institutional decision within five days and concurrently notify the person filing the Statement of Grievance, the FGC chair, and the Welfare Council chair of such decision.H. If the matter is deemed grievable by the FGC, or by the Provost subsequent to an appeal, the FGC chair shall notify the respondent in writing within five days that a Statement of Grievance has been filed and provide the respondent a copy of the Statement of Grievance and a copy of this Faculty Grievance Policy.
I. The respondent shall have ten days after receipt of the Statement of Grievance to submit a formal written reply to the FGC chair. The FGC chair shall provide a copy of the respondent's formal reply to the grievant, the Provost, and the Welfare Council chair.
J. The FGC chair shall commence forming a Hearing Panel, in accordance with Article VI, within five days of notification of the respondent.
V. Faculty Grievance Committee
A. Purpose, Jurisdiction, and Scope
The Faculty Grievance Committee (FGC) is an elected standing committee responsible for administration of the Faculty Grievance Policy, including receiving and reviewing all complaints received by the Provost and serving as members of a Hearing Panel, if selected. One role of the FGC is to determine whether a complaint falls within the definition of a grievance, whether the complaint is a grievable matter, whether a grievable dispute exists, whether a Board of Trustee or University policy cited within the Statement of Grievance is applicable to the issue(s) presented in the grievance, whether other avenues of resolution are appropriate, whether the complaint has met the time requirements, whether sufficient evidence exists to move forward to a formal hearing, whether the proper respondent(s) has/have been named, and whether any other circumstance exists to warrant a conclusion that the complaint is not subject to this Faculty Grievance Policy.
B. Membership and Composition
1. The FGC shall have 22 members elected by the faculty as per procedure.
2. All Units shall have representation on the FGC proportionate to the Units' representation on the Faculty Senate.
3. The members shall serve for a term of three years. No member may serve successive terms.
4. The FGC shall select a chair from its membership at the first meeting of each year. Notification of the election of the chair of the FGC shall be provided to the Faculty Welfare Council and the Provost. The chair of the FGC shall not serve on any Hearing Panel.
5. A member of the FGC shall be excused from all FGC activities and responsibilities during the duration of any grievance filed by or against such member.
C. The FGC shall receive training and advice from the Office of General Counsel.
VI. Hearing Panel
A. The Hearing Panel shall consist of three members, two selected from the membership of the FGC and one selected from the Faculty Panel.
B. Faculty employed in the same unit as a party to a grievance shall be deemed to have a potential conflict of interest in that particular grievance and shall not serve on a Hearing Panel for that grievance.
C. Faculty participants in a prior grievance in any capacity (grievant, respondent, advocate, witness, etc.) involving a party to a current grievance shall be deemed to have a potential conflict of interest and shall not serve on a Hearing Panel for the current grievance.
D. Faculty with a professional or personal relationship with a party to a grievance that creates an appearance of a conflict of interest shall not serve on a Hearing Panel for that grievance. It shall be the obligation of the faculty member to immediately disclose such a potential conflict of interest.
E. Faculty selected for a hearing panel must serve unless they can show good cause as to why they should be excused from such service. Faculty must petition the FGC in writing within three days of notification of selection to be excused for good cause from participation in a particular grievance. The FGC shall issue a final decision to such petition within five days.
F. The chairperson of the FGC shall be responsible for the selection of members to a Hearing Panel.
1. Select five persons by lot from the Faculty Panel and choose seven persons by lot from the FGC. Selection by lot means taking the first five eligible persons from the randomized list that are not in the unit of the grievant(s).
2. Advise the selected persons from the Faculty Panel and the FGC of the rules for potential conflicts of interest and disqualify those persons, if any, with such conflicts. Additional names shall be drawn, as necessary, from the respective pools. Steps (1) and (2) should be completed within ten working days.
3. Send the list of five names from the Faculty Panel and the list of seven names from FGC, to the respondent who shall, within five working days, select three persons from the Faculty Panel list and five from the FGC list and notify the Chairperson of their identity.
4. Upon receipt of the respondent's selections, send the lists to the grievant who shall, within five working days, select one from the three remaining persons on the Faculty List and two from the five remaining persons on the FGC list and inform the Chairperson of his/her selections.
5. Steps (1) through (4) should be concluded within twenty working days.
6. If either party fails to meet the deadlines for selecting the Hearing Panel, or making a response as prescribed herein, the FGC chair shall make the selections for the defaulting party and the grievance procedure shall proceed regardless of the failure.
7. Notify the person selected from the Faculty Panel list and the two persons selected from the FGC list of their appointment to the Hearing Panel and select one of the two members drawn from the FGC to serve as chair of the Hearing Panel. Provide each member with a copy of the statement of grievance and the formal reply by the respondent to the statement of grievance. Concurrently, notify the grievant and the respondent of the composition of the Hearing Panel and the designation of its chair.
VII. Formal Hearing Procedure
A. The chair of the Hearing Panel shall be responsible for conducting the Hearing in conformance with this Faculty Grievance Policy. The chair shall have the authority to allocate hearing responsibilities to the members of the Hearing Panel, decide questions of relevance of evidence, and to seek counsel from the chair of the FGC, the Office of General Counsel, and the Office of Provost on any matter pertaining to the grievance.
B. The Panel chair shall within ten working days of the notifications of the grievant and the respondent specified above in section VI.(F)(7) convene an organizational meeting of the Hearing Panel to receive procedural training by the Chair of the FGC. A member of the Office of General Counsel may also train and advise the Hearing Panel.
C. The Hearing Panel shall also schedule the date of the Hearing. The Hearing must be held between fifteen to twenty working days subsequent to the organizational meeting and, if feasible, shall be at a time when participants are free of classroom and other University assignments. When such scheduling proves impossible, departments/units shall assume the responsibilities of the participants at such times as their presence may be required at hearings. It is the responsibility of the grievant and respondent to cooperate with the Hearing Panel to schedule and attend the hearing. Notwithstanding the above, the Hearing Panel, in its sole discretion, shall have authority to establish the Hearing date. The Panel chair shall notify the parties of the hearing date as soon as that date is determined.
D. The parties shall deliver to the Panel chair a complete witness list and all exhibits pertaining to the case no less than ten days prior to the scheduled hearing. Each party must provide sufficient photocopies of these materials for distribution to each member of the Panel and to the other party. Exhibits not received and witnesses not identified ten days prior to the hearing may not be allowed at the hearing, as determined in the sole discretion of the Hearing Panel.
E. At the discretion of the Hearing Panel, and based on the circumstances of a particular grievance, a pre-hearing meeting of the Hearing may be held with the parties, including advocates, to discuss scheduling, proposed time allotments for the hearing, procedural matters, evidentiary matters, issues, confidentiality or any other topics relevant to the hearing.
F. The Hearing Panel chair shall convene and preside over the Hearing. The chair shall preliminarily explain the proceedings to the parties and resolve procedural issues, if any. The parties shall be advised of their responsibilities regarding attendance, testimony, honesty, rights, confidentiality, and the maintenance of order and decorum. The grievant and the respondent(s) must be invited to all testimonial hearings. If a party is absent or refuses to participate or cooperate, the hearing shall proceed regardless.
G. The Hearing procedural rules to be observed are as follows:
1. The Hearing shall be closed except for the parties, advocates, legal counsel, witnesses while giving testimony, and the Hearing Panel.
2. Everyone in attendance shall exhibit civil and professional behavior throughout the hearing. It is the duty of the Hearing Panel to ensure that each party receive the same opportunity to be heard in a civil environment. Therefore, it is at the Hearing Panel's discretion to remove from the hearing any individual who is disruptive.
3. All witnesses including the parties shall be under oath when testifying.
4. The burden of proof remains on the grievant at all times.
5. A member of the Hearing Panel shall be responsible for audio recording the entire hearing.
6. Strict or formal rules of evidence need not be followed. Evidence deemed by the Hearing Panel to be irrelevant or immaterial may be disallowed. A party may challenge the admission of evidence if the party believes there is a good reason the evidence should not be admitted. The Hearing Panel should generally defer to the parties in allowing reasonable testimony and evidence to be presented at the hearing. However, the Hearing Panel shall make the final decision in all cases regarding the relevance and admissibility of evidence.
7. Advocates must be allowed to participate directly in the Hearing including conferring with the relevant party, making opening and closing statements, and questioning witnesses. Legal counsel may not act as an advocate, as that term is used herein, and may not directly address witnesses or the Committee. A client's attorney, however, may confer with his or her client during the course of the hearing so long as the Hearing Committee does not determine that this practice obstructs the proceedings.
8. The Hearing Panel shall retain its right to deliberate with neither party present.
9. Faculty members are expected to provide leadership and service, with responsibility increasing commensurate with rank, to the department, school, and University in matters of curriculum and governance. Such leadership and service can take the form of active service on the Faculty Senate, special committees, program review bodies, and standing committees. Source: Normative Scholarship and Service Expectations of Faculty, Provost Memorandum, 5/13/92, SIUE Faculty Handbook.
Faculty members are expected to meet their obligations to participate willingly, professionally, and throughout the duration of the faculty grievance process as such obligations arise. If a faculty member wishes to opt out of the obligation to serve, for example as a member of the Faculty Panel or as a Respondent, that person may do so by submitting a written statement of unwillingness to participate to the Provost and Vice Chancellor for Academic Affairs, to the Chair of the FGC, and the Chair-Elect of the FGC. Having once declared unwillingness to participate, the faculty member may not choose to reenter that specific grievance process at a subsequent stage.
10. The burden shall be on the grievant and respondent to inform the Hearing Panel as to the existence and probable location of information bearing upon the grievance. A party's refusal to cooperate to provide evidence, or unduly delay providing evidence which the Hearing Panel, grievant or the respondent requests, may be grounds for finding against the uncooperative or dilatory party, if the Panel so decides.
11. The parties shall be permitted to present any and all evidence which the Hearing Panel deems to be relevant to the grievance.
12. Each party shall be solely responsible for locating, assembling, photocopying, and delivering all documents and exhibits to support its case to the Panel chair as detailed above. Documentary evidence to be used by a party must have been in existence at the time of the events in dispute. Exhibits created specifically for the hearing shall not be admissible and shall not be considered as evidence.
13. Either party shall have the right of access to all evidence presented.
14. The Hearing Panel shall make its findings of facts and conclusions based solely on the evidence presented and shall determine recommendations supported by a preponderance of the evidence.
15. The Hearing Panel shall report all problems obstructive to the fair and expeditious review of the grievance to the Provost, with a request for such intervention as may lie within the authority of the Provost.
16. Any situation, question, rule, point, issue, or matter not directly provided for in this policy but which arises under this policy will be resolved by the Hearing Panel in consultation with the FGC. The FGC may consult with the University's Office of the General Counsel and/or the Office of the Provost.
17. The Grievance Process should be completed as rapidly as possible while ensuring a fair and equitable hearing of the evidence.
18. Ex parte communications by the grievant and respondent with members of the Hearing Panel shall be strictly prohibited. Requests by the grievant or respondent to communicate with members of the Hearing Panel outside the formal Hearing shall be directed through the chair of the FGC.
H. The Hearing shall be conducted as follows:
1. An opening statement of a general overview of the case by the grievant followed by an opening statement by the respondent. Opening statements shall be limited to thirty minutes for each party.
2. The grievant presents his/her case to the Hearing Panel by calling and soliciting testimony from his/her witnesses and presenting the documentary evidence submitted earlier. The respondent may cross-examine the grievant's witnesses. The Hearing Panel may question the grievant's witnesses at any time during the proceedings.
3. The respondent presents his/her case to the Hearing Panel by calling and soliciting testimony from his/her witnesses. The grievant may cross-examine the respondent's witnesses. The Hearing Panel may question the respondent's witnesses at any time during the proceeding.
4. After the grievant and respondent have presented their witnesses and evidence, the Panel chair shall ask all parties to present any further information pertaining to the case, if any. The evidentiary phase of the hearing shall be deemed complete by the Panel chair after the taking of all evidence.
5. A closing statement shall be made by the grievant summarizing the evidence, followed by a closing statement by the respondent. Closing statements shall be limited to thirty minutes for each party.
6. The Hearing Panel shall deem the hearing complete and shall retire to deliberate and prepare a Hearing Panel Report for submission to the Provost.
VIII. Hearing Panel Report
A. The Hearing Panel Report, all exhibits presented at the Hearing, and the audio recording of the Hearing shall be submitted by the Hearing Panel to the Provost within fifteen days after completion of the hearing. If the Hearing Panel is divided, majority and minority reports may be submitted. Copies of the Hearing Panel Report, without exhibits and audio recordings, shall simultaneously be sent by the Hearing Panel to the grievant, respondent(s), Welfare Council Chairperson, chair of the FGC, and the head of the faculty unit in which the grievant holds rank. The Hearing Panel may extend the time for making its Report for good cause after consultation with the chair of the FGC and Provost. A final decision on the extension of time shall rest with the Hearing Panel. The grievant and respondent shall be provided notice of any extension.
B. The Hearing Panel Report shall include the following:
1. A summary of the charges and evidence.
2. A clear statement of the finding of the facts.
3. The conclusions and recommendations of the Hearing Panel.
4. The rationale for such recommendations.
5. Other pertinent comments.
IX. Decision and Appeal
A. Within fifteen days after receipt of the Hearing Panel report, all exhibits, and the audio recording of the hearing, the Provost shall, after consultation with the Chancellor, inform the FGC chair, members of the Hearing Panel, Welfare Council chair, grievant, and respondent(s) in writing as to the Provost's decision in the case. The Provost can extend the fifteen day period for a reasonable period of time, but such extension shall not exceed an additional thirty calendar days.
B. The Provost has the authority to accept or not to accept the Hearing Panel report. If the Provost rejects a Hearing Panel's report, including its recommendations, the Provost shall provide, in writing, a detailed rationale to grievant, respondent, and members of the Hearing Panel.
C. The Provost's decision on the Hearing Panel Report and the grievance shall constitute the final institutional decision.
D. In accordance with Bylaw VI.(2) of the Board of Trustees of Southern Illinois University, the grievant may appeal the institutional decision to the Board of Trustees. However, it should be noted that faculty upon faculty grievances may not be subject to appeal to the Board of Trustees.
X. Disposition of Records
A. Once a written recommendation is submitted by the Hearing Panel, the Office of the Provost shall be responsible for the custody, security, and confidentiality of all records, including the audio recording of the hearing, pertaining to grievances under this policy. The grievant and respondent(s) may have access to hearing records in the presence of a representative of the Provost's Office. Upon a final decision by the Provost, access to the record of the case must be approved by and arranged through the Office of the Provost.
B. Once the official Hearing Panel Report for a grievance, plus all exhibits and the audio recording of the hearing, have been submitted to the Office of the Provost, all members of the FGC and the Hearing Panel will immediately return all other working copies of documentation from the grievance activity in their possession to the Secretary of the FGC. The Secretary of the FGC will forward all such documents to the Office of the Provost, for placement with the other grievance materials.
XI. Report of Grievances
By no later than September 15 of each academic year, the chair of the FGC shall prepare and submit a report for the Faculty Senate Executive Committee outlining all outstanding grievances with the date the grievance was filed and the current status, but omitting the names of the grievant and respondent for the purpose of confidentiality. With respect to grievances concluded during the past fiscal year, the FGC chair shall prepare a report to the Faculty Senate Executive Committee outlining the date the grievance was filed, the date the hearing was held, the Hearing Panel Report and the decision of the Provost, but omitting the names of the grievant and respondent for the purpose of confidentiality.
Confidentiality of all matters pertaining to a grievance under this Faculty Grievance Policy is imperative in order to preserve and protect the privacy interests of the parties. Except as authorized by law or by operation of this Policy, or as granted by the consent of both parties to a grievance, disclosure to third parties of the content or subject matter of a grievance proceeding is not authorized. This restriction applies to the grievant, respondent, advocates, legal counsel for the parties, Hearing Panel, FGC, and Faculty Welfare Council. A breach of confidentiality of a grievance proceeding by a party to a grievance may result in a finding against the breaching party, as determined solely by the Hearing Panel. A breach of confidentiality of a grievance proceeding by a member of a Hearing Panel, FGC, or Faculty Welfare Council may be grounds for removal from the relevant Panel, FGC, and/or Council, or other consequences, as determined by the membership.