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Southern Illinois University Edwardsville

Faculty Grievance Committee (FGC)

Operating Papers

 

I. Rules of Procedure and Operating Papers

These Operating Papers are intended as a secondary resource to the Faculty Grievance Procedure. If these operating papers appear to conflict with or be at variance with the Faculty Grievance Procedure in any way, the Faculty Grievance Procedure shall take precedence.

II. Definition of Faculty

Throughout this document, the term "faculty" is defined according to the definition provided in the Faculty Grievance Procedure.

III. Membership

A. Composition and Size

1. The Faculty Grievance Committee consists of twenty-two members elected as representatives of the College of Arts & Sciences and the seven schools: Business, Dental Medicine, Education, Engineering, Library & Information Services, Nursing, and Pharmacy.

2. These members shall be elected by faculty, as per the procedure described below.

3. All members of the FGC, any alternates, and any temporary members will be tenured faculty.

4. All Units shall have representation on the FGC proportionate to the Units' representation on the Faculty Senate, except if alternate or temporary appointments have been made to the committee.

5. Alternates

a) In addition to electing twenty-two regular members to the FGC, the College of Arts & Sciences and the seven schools also elect Alternates who serve on the FGC only if and when one of the twenty-two Faculty Grievance Committee members must be on leave for at least a semester-long period or in the event that a Faculty Grievance Committee member can no longer serve.

b) Each unit shall have alternate(s) numbering at least one-third of the number of representatives required for proportional representation. Units with one or two representatives shall have one alternate.

c) Alternates serve for staggered terms of office for a duration of three years. No Alternate may serve successive terms. The attached table describes the time frame for the election of Alternates to the FGC.

d) Alternates cannot serve as temporary substitutes in the event that a FGC member is unable to attend FGC activities for a brief period of time, nor do they serve as proxies.

e) Alternates serve rather as formal replacements on the FGC for one or more semesters or as permanent replacements for the remainder of a vacant term, except as provided in Subsection (f). Alternates do not participate in FGC activities unless and until they become replacement members, except as provided in Subsection (f).

f) When the Chair of the Faculty Grievance Committee determines that there are not enough committee members who are able or eligible to serve as hearing panel members, then the Chair can draw upon the pool of alternates to serve as additional members of this committee.

i. If the Chair calls upon one or more alternates to serve on the committee, these alternates shall be treated as full members of the committee for the duration of their service, with all voting privileges extended thereto.

ii. An alternate who is selected to serve on the committee shall serve as a full member of the committee for a term of office not exceeding one semester, or for the duration of the grievance on which s/he is a panelist, whichever is longer.

iii. Upon the completion of the semester during which an alternate was appointed or the grievance on which s/he is a panelist (whichever is longer), the alternate who serves on the committee will revert to his or previous role as specified in Section III, Subsection 5, Subsections a through e.

6. Temporary Members

a) If the Chair determines that there are not enough committee members who are able or eligible to serve as hearing panel members due to a larger number of grievances than the elected members can reasonably hear, then the Chair can appoint temporary members to serve as additional members of this committee, subject to the following conditions:

i. The Chair must first draw upon the available pool of alternates before appointing any temporary members;

ii. The Chair may consult with the Deans of the schools or colleges in choosing these temporary members, as well as, the Chair of the Faculty Senate Welfare Council. The Chair is strongly discouraged from selecting faculty members from any colleges or schools from which the additional grievances originate;

iii. The Chair of the Faculty Senate Welfare Council shall report the names of the additional Grievance Committee members chosen at the next regularly scheduled Faculty Senate meeting;

vi. A temporary member who is selected to serve on the committee shall serve as a member of the committee for a term of office not exceeding one semester, or for the duration of the grievance on which s/he is a panelist, whichever is longer.

v. Temporary members are not eligible to serve in the same manner as the elected members and alternates. In particular, temporary members are not eligible to determine whether a Hearing Panel should be created to consider the merits of any complaint. Rather, temporary members are appointed exclusively for the purpose of possible service as Hearing Panel members.

vi. Prior to serving on any hearing panel, temporary members shall receive training from the Office of General Counsel.

vii. Upon the completion of that semester or grievance on which s/he is a panelist (whichever is longer), the temporary member’s term of service on the committee is terminated.8. Prior service on the committee as a temporary member shall not exclude that faculty member from being elected to serve as an alternate or regular committee member in subsequent semesters.

B. Term of Office

1. The members shall serve for a term of three years. No member may serve successive terms.

2. The fiscal year is the basis of the terms of Members and Alternates of the Faculty Grievance Committee. Elections for Members and Alternates shall be called for by the Rules and Procedures Council during the Spring Semester.

3. Staggered terms will be used, including when initially setting up the committee.

a) To establish the committee initially, eight of the members will be chosen by lot to serve 3-year terms, seven will be chosen by lot to serve 2-year terms, and seven will be chosen by lot to serve 1-year terms. Selection by lot means selecting the required number of eligible persons from a randomized list, starting at the beginning of the list.

C. Nomination and Election of Members and Alternates of the FGC

1. Each academic unit will hold elections for the representative(s) and alternate(s) from its unit.

a) Each academic unit is responsible for completely filling its proportionate representation.

b) The Chair of the Rules and Procedures Council of the Faculty Senate will notify each academic unit of the need to hold an election, the procedures to be followed, and the number of vacancies (members and alternates) each unit is responsible for filling.

c) Each academic unit will utilize the procedures for nomination of candidates and election of members that are detailed below.

2. Supervision and time of balloting

a) Nominations and elections of members and alternates shall be held annually in the Spring Semester at a time set by the Chair of the Rules and Procedures Council of the Faculty Senate in consultation with the Chair of the Welfare Council.

b) Each academic unit will draw up a list of eligible faculty voters and will distribute the initial email and the nominating and final ballots to appropriate faculty members. Each unit will also conduct the counting of its ballots.

c) Each academic unit will notify the Chair of the Rules and Procedures Council of its new members and alternates by April 15 of each year.

3. Nomination of candidates

a) To initiate the nomination process for an academic unit, each member of the tenured faculty from the academic unit to be represented shall receive via email a notification of the upcoming election. Tenured faculty members should be instructed to send a return email asking to be removed from the list of potential candidates if they are not willing to serve on the FGC.

b) When balloting for nominees from an academic unit, each member of the faculty from the academic unit to be represented shall receive a list of the tenured faculty members from that academic unit who have not requested to be removed from the list. Each member of the faculty shall also receive a ballot, on which the member is to name from the above-mentioned list nominees for the vacancy. If a unit has one vacancy, then faculty shall list no more than 3 names. If a unit has two vacancies, then the faculty member shall list no more than 6 names, etc.

c) The members in each academic unit receiving the most votes for academic unit representatives shall be the candidates of that academic unit. If a unit has one vacancy, then the top three persons shall be candidates. If a unit has two vacancies, then the top six persons shall be candidates, etc. If there is fewer than the maximum number of candidates, all of the persons shall be candidates.

4. Election of members and alternates

a) When balloting for academic unit representatives, each member of the faculty of the academic unit shall receive a ballot listing the candidates nominated in the faculty member's academic unit.

b) Each faculty member shall cast a vote for an FGC member from his or her academic unit as the academic unit representative. If there are two vacancies, each faculty member shall vote for two persons, and if there are three vacancies, each faculty member shall vote for three persons, etc.

c) If the number of candidates does not exceed the number of vacancies, then the ballot shall ask for a vote of confidence (yes or no) for each of the candidate.

d) Alternates will be drawn from the FGC election pool beginning with the next highest vote recipient after the successful candidates are determined in the elections held by each unit.

5. Removal of Faculty Grievance Committee members

a) A member of the FGC may be removed by a supermajority vote of the FGC for cause. Supermajority is defined as two-thirds vote or greater.

b) Circumstances that meet the definition of "for cause" include but are not limited to:

i. when a member is unable or refuses to abide by the required rules and ethical obligations consistent with the Faculty Code of Ethics and Conduct necessary to implement the SIUE Faculty Grievance Procedure, or

ii. when a member was absent from a majority of meetings (i.e., more than 50% of FGC meetings) during the prior fiscal year.

c) In the event of a removal of a member who was serving on a Hearing Panel, the current Grievant may file a subsequent additional grievance. The FGC will receive and review this additional grievance as specified below.

IV. Powers and Functions

A. The Faculty Grievance Committee is responsible for:

1. Administering the Faculty Grievance Policy.

2. Receiving and reviewing all complaints received by the Provost and determining the following as stated in the Faculty Grievance Procedure:

a) whether a complaint falls within the definition of a grievance,

b) whether the complaint is a grievable matter,

c) whether a grievable dispute exists,

d) whether a Board of Trustees or University policy cited within the Statement of Grievance is applicable to the issue(s) presented in the grievance,

e) whether other avenues of resolution are appropriate,

f) whether the complaint has met the time requirements,

g) whether sufficient evidence exists to move forward to a formal hearing,

h) whether the proper respondent(s) has/have been named, and

i. whether any other circumstance exists to warrant a conclusion that the complaint is not subject to the Faculty Grievance Policy.

3. Serving as members of a Hearing Panel, if selected, in accordance with the procedure for selection stated in the Faculty Grievance Procedure.

4. The Faculty Grievance Committee shall receive training and advice from the Office of General Counsel.

V. Chair

A. The FGC Chair shall call the first meeting of the FGC by no later than September 15. This meeting is for the express purpose for the FGC to elect a Chair-Elect for the current fiscal year.

C. Notification of the election of the Chair and Chair-Elect of the Faculty Grievance Committee shall be provided to the Chair of the Faculty Senate Welfare Council and the Provost.

D. The Chair of the Faculty Grievance Committee shall not serve on any Hearing Panel.

E. The duties and responsibilities of the Chair of the Faculty Grievance Committee (including the selection of members to a Hearing Panel) are stated in the Faculty Grievance Procedure.

F. The Chair and Chair-Elect shall serve one-year terms, except as provided below.

1. If the Chair resigns from this position, or is separated from the employment by the university, then the Chair-Elect immediately becomes the new Chair.

2. The new Chair shall serve as the Chair of the FGC for the remainder of the fiscal year.

3. The new Chair is required to notify the Chair of the Faculty Senate Welfare Council and the Provost within five business days of being notified that the previous Chair is no longer able to serve in this capacity.

4. Upon being notified, the Faculty Senate Welfare Council Chair shall convene a meeting of the FGC as soon as possible. The only purpose of this meeting is to elect a Chair-Elect. The Chair-Elect shall serve in this capacity for the remainder of the current fiscal year. The Welfare Council Chair shall not vote in the election of the FGC Chair-Elect.

VI. Chair-Elect

A. When and as charged by the Chair of the FGC, the Chair-Elect will assist the Chair in managing grievances in cases where there are multiple grievances going on simultaneously.

B. When the Chair-Elect is assisting the Chair in such situations, s/he is ineligible to serve on any Hearing panel.

C. Upon conclusion of the Chair's term of office, the Chair-Elect shall become the new Chair of the FGC.

VII. Secretary

A. At its initial meeting each year, the Faculty Grievance Committee shall elect from among its members the Secretary of the FGC who will serve a one-year term as the confidential channel of communication between each grievant and the corresponding Hearing Panel.

B. The Secretary shall not serve on any Hearing Panel.

C. The Secretary of the FGC shall serve no more than three successive one-year terms.

VIII. Meetings

A. Calling of Meetings

1. After the initial meeting of the Faculty Grievance Committee in the Fall semester to elect a Chair-Elect, the Chairperson of the committee shall call the meetings as needed.

B. The Conduct of Meetings

1. The Chair of the Faculty Grievance Committee shall preside.

2. In the absence of the Chair of the FGC, the Chair-Elect shall preside.

3. The Faculty Grievance Committee shall adopt its own rules of order.

4. At least half of the Faculty Grievance Committee membership shall constitute a quorum.

5. In accordance with the Illinois Open Meetings Act, the public is allowed to comment at meetings of the Faculty Grievance Committee for a maximum of three minutes per person. A maximum of 20 minutes per meeting will be allotted for public comment.

6. Upon a majority vote of a quorum present, the Faculty Grievance Committee may vote to go into closed session. All meetings, however, must be conducted in accordance with the Illinois Open Meetings Act. Final action can be taken only in open meetings.

IX. Amendment and Reapportionment

A. Amendment of Operating Papers

1. Any amendment of the policy-making or administrative structure of these Operating Papers is subject to approval by the Faculty Senate, in accordance with the Constitution and Bylaws of the Faculty Senate, and by the Provost and Vice Chancellor for Academic Affairs.

a) Such a proposed amendment may be initiated by the Faculty Grievance Committee or the Welfare Council of the Faculty Senate. Once a proposed amendment is initiated, it shall follow the routine channels of review by the Faculty Senate Executive Committee and then consideration by the Faculty Senate.

B. Reapportionment: The apportionment of membership on the Faculty Grievance Committee shall be kept under continuing scrutiny and shall be subject to changes by amendment of this document and by appropriate Faculty Senate action.

 

Approved by the Welfare Council: January 23, 2014
Approved by the Faculty Senate Executive Committee: January 23, 2014
Approved by the Chancellor 1/29/2014

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WC#02-12/13 Approved by the Faculty Senate 4/4/2013 
Approved by the Chancellor 5/1/2013

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Approved by the Welfare Council: 3/15/2012

Approved by the Faculty Senate: 5/3/2012

Approved by the Chancellor: 6/14/2012

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Approved by the Welfare Council: 9/15/2009

Approved by the Faculty Senate Executive Committee: 9/24/2009

Approved by the Chancellor: 10/26/2009

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