Academic Policy  1430.10 

Faculty Grievance Policy

FACULTY GRIEVANCE PROCEDURE

It is the policy of the University of Arkansas to encourage fair and efficient resolution of concerns arising out of the employment relationship between faculty and the University.  Individual faculty members may have personal employment grievances considered and assessed upon their merits under the general policies and practices of the University according to the following grievance procedure.

The procedure excludes matters that are addressed under other University policies and review procedures including the following:

• Allegations of unlawful harassment, discrimination, pay inequities, and/or retaliation, and reasonable accommodations for disabilities. These allegations should be reported to the University's Compliance Officer with the Equal Opportunity, Compliance, and Title IX Department.  For more information or to report allegations of discrimination, contact:  Equal Opportunity, Compliance & Title IX,  Phone:  479-575-4019, TDD: 479-575-3649 or titlevii@uark.edu.

• Allegations of sexual and/or gender-based harassment (including, but not limited to, sexual assault/misconduct, sexual harassment, domestic/dating violence, stalking, and discrimination based on pregnancy). These allegations should be reported to the Title IX Coordinator, Phone: 479-575-7111, TDD: 479-575-3649 or titleix@uark.edu.

• Alleged workplace violence or threats of violence should be reported to UAPD at 911 on campus or 479-575-2222 from off-campus phones and may also be reported to the Behavioral Intervention and Threat Assessment Team (BIT-TAT) via http://report.uark.edu.

• Annual review, non-reappointment of a faculty member, dismissal of a faculty member, or an appeal of a negative promotion and/or tenure decision pursuant to Board of Trustees Policies 405.1 and 405.4 and Academic Policy 1405.11 and 1405.111

• Retrenchment of employees pursuant to Board of Trustees Policy 405.5

• Allegations under the University’s Research and Scholarly Misconduct Policy

• Flexible and remote work arrangements

The grievance procedure described in this academic policy is an internal process, intended to encourage informal dispute resolution and, when necessary, allow for structured, but non-adversarial resolution of disagreements.  Accordingly, faculty who utilize the grievance process are free to consult with legal counsel at their own expense, but attorneys and other individuals besides the faculty member are not permitted to attend or participate in the grievance process.

All participants in the grievance process are expected to maintain the confidentiality of these personnel matters, provided that disclosure is permitted to university personnel with official responsibility or need to know or otherwise as may be required by law or university policy.

This procedure confers no authority to include within a grievance, or within a recommendation or decision concerning the grievance, any amendment, deletion, addition, or modification to University personnel regulations, policies, and practices. Other procedures afford opportunities for review and revision of the existing personnel regulations, policies, and practices against which the grievance is to be assessed.

 

Definitions

A faculty member who may process a grievance under this procedure is defined as a University employee assigned to the Fayetteville campus who holds an academic title as defined by Board Policy 405.1.  These include the academic ranks of lecturer, master lecturer, instructor, advanced instructor, senior instructor, assistant professor, associate professor, or professor, University professor, distinguished professor or one of the above titles modified by clinical, research, teaching, adjunct, visiting, executive in residence, or professor of practice.  Individuals holding certain non-teaching titles as defined in Board Policy 405.1 are also included in the definition of faculty member. Graduate Assistants or graduate students who do not hold an academic rank shall be covered by a separate procedure approved by the Graduate Council and included in the Graduate Catalog.

Unless related to an area excluded above, a “grievance” is defined to include the following:

• Repeated and ongoing acts of intimidation, humiliation, ridicule or similar repeated and ongoing inappropriate and unprofessional behavior that materially interferes with the work environment.
• An administrative decision involving an alleged violation of rights under or failure to apply established university policies or practices that materially affects the terms and conditions of the employment of a faculty member.

A “decision” means a determination that the grievance issue or issues were or were not inappropriate behavior(s) in a professional workplace, or in violation of rights under established personnel regulations, policies, or practices of the University. Each decision shall include an assessment of the issues and reasons for the position taken.

 

Grievance Procedure Steps

A faculty member having a grievance is entitled to have the issue considered in the following manner. Written records will be maintained at all steps.

a. The faculty member discusses the grievance with the department head, chairperson, or other immediate administrative superior (hereafter called “the respondent”). If determined appropriate by the respondent, discussions may also include other faculty that are the subject of the grievance. If the grievance is not resolved to the satisfaction of the faculty member by discussions at the departmental level, the faculty member may discuss it with their dean.   If the grievance is satisfactorily resolved by any of the above discussions, then the terms of the resolution shall be reduced to writing signed by the faculty member, the respondent, and the dean, if involved, and distributed to all of the involved parties.

b. If the grievance is not resolved by the above discussions and the faculty member then chooses to pursue the matter further, the issue must be reduced to writing by the faculty member and sent to the respondent.  Within ten (10) working days after receipt of the written statement, or as soon as practicable thereafter, the respondent shall prepare a written decision on the matter and forward copies of both documents to the appropriate dean, to the grieving faculty member, and to other faculty who are subject of the grievance if appropriate. If determined appropriate by the respondent, a written response may be required from other faculty that are the subject of the grievance prior to furnishing a response by the respondent.

c. If the matter is not resolved by the respondent, and if requested by the faculty member, the respondent, or another faculty member who is the subject of the grievance, the written grievance and any responses may be brought before the departmental personnel committee for consideration (or reconsideration) by either party before the matter is presented to the dean. If such a referral is made, the committee shall review the matter within ten (10) working days or as soon as possible thereafter.  The committee shall make recommendations in writing for resolution of the grievance. If the faculty member determines that the grievance is not satisfactorily resolved through the mediation of the committee, the faculty member shall notify the respondent within ten (10) working days.  The full record, including any written report of the committee, shall be forwarded by the respondent to the dean, the grieving faculty member, and any other faculty member who is the subject of the grievance as determined by the respondent. 

d. The dean shall make an effort to resolve the grievance in a mutually satisfactory manner, but in any event shall, within ten (10) working days or as soon as practicable after receipt of the file, prepare a written decision on the matter and forward copies to the faculty member, the respondent, and any other faculty member who is the subject of the grievance as determined above. The dean may refer the matter to an appropriate college committee for advice. If such a referral is made, the committee shall review the matter within ten (10) working days or as soon as possible thereafter. The committee may make a written report on the matter, in which case that report shall become part of the record which is included with the report of the dean’s decision to the faculty member and the respondent.

e. The decision of the dean may be appealed to the Provost by letter sent by either the faculty member, the respondent, or other faculty member who is the subject of the grievance, within ten (10) working days following receipt of the dean’s decision. In case of such an appeal, the entire written record of the matter shall be concluded with the appeal letter.  The appeal shall state specific objections to the decision of the dean, addressing the specific matters in University policy or practice and specific material in the record indicating that the dean’s decision does not satisfactorily resolve the grievance. Upon receipt of the appeal, the Provost shall request that an ad hoc grievance committee be constituted from among the membership of the Faculty Grievance Panel to review the matter and make written recommendations for its solution.

When ad hoc grievance committees are needed, the Chair of the Faculty Senate shall impanel such grievance committees so as to maximize impartial evaluation of the grievance. Individual ad hoc grievance committees shall consist of five members of the larger Panel. Individual grievance committees shall select their own chairs who shall be responsible for reporting the recommendations of their committees to all parties in the grievances (see below), including the administrative supervisors of the faculty members involved and the Chair of the Faculty Grievance Panel who will, in turn, provide a summary annual report of the total recommendations of all ad hoc grievance committees to the Chair of the Faculty Senate, excluding the names of aggrieved faculty members.

f. In appointing an ad hoc grievance committee, the Chair of the Faculty Senate shall seek to attain a balanced and diverse representation. In the event of a grievance requiring consideration during the summer or during a University closure and sufficient members of the Faculty Grievance Panel will not be able to serve, the Chair of the Faculty Senate shall confer with the Provost’s Office regarding appointment of such faculty as may be available to allow a timely consideration of the matter in a fair and impartial manner. Persons holding administrative positions are not eligible to serve on this Panel. The faculty member whose grievance is being considered and the respondent may each strike one member from the initial list of members of the ad hoc grievance If the remaining grievance committee consists of four members, the Chair of the Faculty Senate shall immediately appoint a fifth member from the Faculty Grievance Panel.

g.  The ad hoc grievance committee shall select its own chairperson.  The ad hoc grievance committee shall be given access to all relevant records and may question relevant parties or others necessary to the resolution of the grievance.  If the ad hoc grievance committee meets with any individuals involved with the grievance, the discussion shall be recorded. The committee shall make a recommendation on appropriate resolution of the grievance in light of applicable university policies and practices and the record in the matter. The ad hoc grievance committee shall adopt and use fair procedures, understanding that its review is designed to develop all pertinent factual information. Unless the time is extended by action of the Provost, the ad hoc grievance committee shall return its written recommendations to the Provost within twenty (20) working days of the date on which the committee membership was finally established. Within ten (10) working days following receipt of the recommendations of the grievance committee, or as soon as practical thereafter, the Provost shall present a written decision on the matter, including the report of the ad hoc grievance committee, to the person whose appeal is being heard, with copies to the dean and other parties to the grievance.

h. The decision of the Provost may be appealed to the Chancellor within ten (10) working days of receipt, by the faculty member, the respondent, or the dean. The appeal shall state specific objections to the decision of the Provost, addressing the specific matters in University policy or practice and specific material in the record indicating that the Provost’s decision does not satisfactory resolve the grievance. The Chancellor’s decision shall be made within ten (10) working days of receipt or as soon as practical thereafter, and copies of it shall be sent to all of the parties involved. Any appeal to the Chancellor shall be on the basis of the complete written record only.

i. The Provost is authorized to approve limited adjustments to the procedures outlined in this policy where necessary to facilitate the fair, prompt, and efficient consideration of faculty grievances, consistent with the overall principles outlined in this policy.

 

Related Policies

In view of the fact that this policy and procedure involves personnel issues, all grievance hearings shall be conducted in private with only those involved present.

No faculty member, member of a grievance committee, administrator, or witness shall suffer loss of compensation for the time spent in any step of this procedure. The decision and relevant records shall be forwarded to and retained in the files of the Provost for a minimum of three years. No faculty member filing a grievance, serving on a grievance committee, or appearing as a witness in any grievance proceeding shall thereafter be retaliated against or suffer any employment disadvantage by reason of participation in grievance matters pursuant to this procedure.