REPORT FOR THE UNIVERSITY SENATE

University Senate Committee:  Faculty Personnel Committee

Charge to Committee (Brief History of Issue — why the issue is being considered):  The Faculty Personnel Committee was asked by Senate Chair Wood to examine current Handbook language regarding grievances (FASH 5.36; UWEC implementation of UWS 6.02) and to propose changes if it deemed them appropriate. 

Points Discussed by Committee:

• Whether the current language is too broad, allowing formal grievances when formal appeals would be appropriate. 
• The desirability of grievances being resolved informally.
• The language other UW campuses used in their local implementations of UWS 6.02.
• That the footnote which appears to disallow grievances regarding promotion and nonrenewal is not sufficiently normative.
• That the Handbook specifies procedures for appealing dissatisfaction with decisions regarding reappointment and tenure (UWEC 3.08/FASH 5.23-4), promotion (FASH 28), dismissal for cause (UWEC 4.04/FASH 5.31-2), and layoff or termination for financial emergency (UWEC 5.11/FASH 5.34; UWS 5.12).
• That the grievance process is not a substitute for or a continuation of appeals processes.
• The desirability of having a time limitation on what may be the object of a formal grievance.
• That a time limitation of 300 days would be neither too long nor too brief, and comports with both the EO/AA complaint/grievance and student grievance procedures (UWS 36.12)
• The desirability of dividing the third paragraph in order to clearly separate faculty and committee responsibilities.

Pros of Recommendation:

• Appropriately narrows permissible grievances without being overly restrictive.
• Is in line with the practices of other UW campuses.

Cons of Recommendation:

• Restricts what is formally grievable and thus might be seen to limit faculty.
• Restricts when grievances may be filed and thus might be seen to limit faculty.

MOTION FOR THE UNIVERSITY SENATE

The University Senate Faculty Personnel Committee, by a vote of  5 – 0 – 0 (for, against, abstain), on April 11, 2008, moves that the University Senate approve the following changes to the Faculty and Academic Staff Handbook, Chapter 5, page 36.

UWEC 6.02 Grievances¹

A grievance is a personnel problem involving a faculty member’s assertion of unfair treatment or of dissatisfaction with any aspects of his/her university rank, salary, or working conditions within the university which are not covered by other personnel rules.¹

To the extent practical, all grievances should be settled through informal discussions at the lowest possible administrative level and may be discussed with progressively higher administrators in a mutually sincere effort to reach an acceptable settlement. (FS 11/86)

Any faculty member having a grievance that has is not been resolved through regular university procedures covered by other personnel rules may submit a written statement of his/her grievance to the chair of the Faculty Complaint and Grievance Committee.  The written statement of the grievance must be submitted within 300 days after the faculty member knew or reasonably should have known of the action or omission out of which the grievance has arisen, unless there are extenuating circumstances.

The committee will then determine …

¹  Appeals concerning promotion in rank follow the procedure described on p. 28, Chapter 5.

Appeals concerning nonrenewal of faculty members follow the procedure described on p. 23, Chapter 5.

Examples of matters covered by other personnel rules include, without limitation because of enumeration, appeals of non-renewal, denials of tenure or promotion, and discrimination or harassment based on any protected category.

Implementation date: upon approval.