PURDUE UNIVERSITY
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM No. C-19 (Revised)
Effective July 1, 1998
(Supersedes Executive Memorandum C-19 dated November 1, 1989)
To: Vice Presidents, Chancellors, Deans, Directors, and Heads
of Schools, Divisions, Departments, and Offices
Re: Grievance Procedures for Academic Personnel
Purdue University has a well established tradition of excellence
in all of its academic endeavors. The University community realizes
that to sustain this standard, its academic personnel must work
together in a respectful and collegial manner. To accomplish this,
it is essential that we maintain a climate that values faculty and
graduate student employees and fosters prompt and fair resolution
of their concerns and grievances.
Purdue encourages its academic personnel to resolve their disagreements
through informal, frank, and open discussion. However, the University
also recognizes that occasionally more formal processes are needed.
All such activities, whether informal or formal, must be carried
out by all participants within a framework of good faith collegiality.
None of these activities shall be judicial in nature, nor may legal
counsel participate. Purdue faculty, staff, or graduate students
who happen to be attorneys may take part in the following proceedings
in their role as University employees, but not as lawyers.
Everyone participating in the grievance resolution process as
outlined in this memorandum may exercise their prerogatives and
fulfill their responsibilities without fear of retaliation from
any University employee.
A summary of the procedures that follow is appended
to this document.
SECTION I
DEFINITIONS
- Academic Personnel: All faculty members tenured and non-tenured,
full-time or part-time including those on leave of absence with or without
pay. Post doctoral residents, post doctoral research assistants and associates,
graduate assistants, graduate instructors, graduate assistants in research,
and graduate instructors in research in their roles as academic employees
of the University, but not in their roles as students, also are considered
academic personnel for purposes of resolving grievances. All administrative
and professional employee grievances are handled through the Grievance Policy
and Procedure for Members of the Administrative and Professional Staffs while
all clerical and service employee grievances are addressed through the Complaint
and Grievance Procedure for Bi-Weekly Employees. Complaints of alleged harassment
are resolved through the Interim Procedures for Handling Complaints of Harassment
that accompany Executive Memorandum No. C-33.
- Grievance: A complaint initiated by an individual who claims to have
been wronged by a University action or decision related to his/her employment.
A grievance may be substantive and/or procedural in nature. It must be directed
toward the University, not toward a person. An individual may seek formal
resolution through the University to a specific action or decision only once.
- Substantive Grievance: A complaint alleging that the substance
of a decision or action regarding matters such as working conditions,
classification, assignment/reassignment of duties, or employee rights
or benefits was unfair or wrong. Complaints involving tenure or promotion;
non-reappointment or non-extension of appointment; termination of tenured
faculty for cause; or termination of non-tenured faculty, postdoctoral,
or graduate student employees for cause prior to the expiration of their
term of appointment normally cannot be the subject of a grievance on substantive
grounds. However, if a grievance regarding tenure, promotion, non-reappointment,
non-extension, or termination for cause is based on a charge of illegal
discrimination, the grievance may be considered on a substantive basis.
- Procedural Grievance: A complaint asserting that an action was
taken or a decision was made in a manner that violated a University policy,
procedure, standard, or established practice. Any such alleged improper
action or decision adversely affecting an individualŐs employment may
be grieved on procedural grounds.
- Initiator: A person who seeks to resolve a complaint through the
University grievance process.
- Respondent: The University employee(s) who made the decision or took
the action on behalf of the University that precipitated the complaint.
- Advisor: An academic colleague invited to accompany an initiator
or respondent to a hearing to provide advice and support or to observe the
proceedings.
- Witness: A person with knowledge of the alleged action or decision
being grieved who attests to or furnishes evidence about what did or did not
occur.
- Grievance Committees:
- Grievance Steering Committee: A committee on each campus from
which five member impartial faculty panels are constituted to determine
whether sufficient grounds exist for conducting formal or appellate hearings.
- Grievance Hearing Committee: A campus committee (regional campuses)
or a school committee (West Lafayette) from which five member impartial
faculty panels are constituted to hear formal grievances referred to it
by a grievance steering committee.
- Grievance Appeals Committee: A campus committee from which five-member
impartial faculty panels are constituted to hear appeals of formal grievances
referred to it by a grievance steering committee.
- The number of members on each of these committees and the manner in
which they are chosen shall be determined by the appropriate campus or
school faculty governing body. Committee members shall serve multiple
year terms with proportionate turnover annually ex. two-year terms
with 50% turnover annually; four-year terms with 25% turnover annually.
An individual may serve on only one of these three committees at any given
time.
- Each committee shall select a chair from its membership annually. The
chair shall be responsible for conducting committee meetings and for constituting
and charging all hearing panels.
- Time: All times in this document are expressed in terms of calendar
days. Every attempt must be made to comply with the parameters specified in
these procedures. When necessary, any time limit may be extended once up to
one week at the request of any of the parties involved. Requests within reasonable
limits especially between semesters and during the summer for
longer extensions may be granted if a key person involved in the informal,
formal, or appellate proceedings is unavailable. Unless other compelling circumstances
exist, both the initiator and the respondent must agree to any other extension
before approval will be considered. The Executive Vice President for Academic
Affairs at the West Lafayette campus and the Vice Chancellors for Academic
Affairs/Services at the regional campuses or their designees shall be responsible
for granting extensions and notifying all parties involved.
SECTION II
RESOURCES AND TRAINING
- The offices of the Vice President for Human Relations at West
Lafayette, Director of Personnel Services at Calumet, Affirmative
Action at Fort Wayne, and Academic Services at the North Central
campus shall serve as contacts for prospective initiators, initiators,
and respondents seeking information or counsel about the UniversityŐs
grievance procedures for academic personnel. These offices also
shall provide resource materials and training sessions for academic
administrators concerning how to resolve grievances informally.
- The offices of the Executive Vice President for Academic Affairs
at West Lafayette and the Vice Chancellors for Academic Affairs/Services
at the regional campuses shall be responsible for providing procedural
consultation and resource materials as well as for arranging training
sessions for grievance steering committees, grievance hearing
committees, and grievance appeals committees.
SECTION III
INFORMAL PROCEEDINGS
Conflicts frequently can be resolved if the parties involved communicate
their concerns, listen to each other, and show a willingness to
compromise and/or change. Often conflicts can be lessened, if not
eradicated, by clearing up misperceptions and misunderstandings.
Academic personnel at Purdue are strongly encouraged to try to take
care of their employment related concerns in this manner.
At times, however, a more structured process may be needed. Therefore,
each regional campus and West Lafayette school must establish a
procedure incorporating discussion and/or mediation through which
both initiators and respondents will be expected to make good faith
efforts to resolve grievances informally. These procedures must
include the following:
- The initiator must begin informal resolution within 30 days
of the time he/she first became aware or reasonably should have
become aware of the alleged violation or within 30 days of his/her
knowledge of the most recent incident in a series of related actions
or decisions comprising the complaint.
- To begin the informal process, the initiator must state his/her
concerns in writing. The letter must include a description of
the alleged impropriety including the date it occurred and/or
the date the initiator became aware of the occurrence; the University
policy, procedure, standard, or established practice supposedly
misinterpreted or violated if the concern is procedural in nature;
the name(s) of the person(s), if known, responsible for the alleged
impropriety; and the remedy sought. Campus and school procedures
must indicate to whom this correspondence should be sent.
- The informal process must be completed within 30 days from the
time a written complaint is received unless an extension of time
has been granted.
- The initiator must be informed in writing of the outcome of
the informal proceedings including the findings and any actions
that are proposed, have been, or will be taken.
- If the initiator does not receive a written response to his/her
concerns within the time limits specified in Section III. C or
if the initiator is not satisfied with the findings, conclusions,
proposed actions, or actions, the initiator may pursue resolution
of his/her complaint through formal proceedings.
SECTION IV
FORMAL PROCEEDINGS
- Before requesting a formal hearing, an initiator must try to
resolve the complaint through the appropriate regional campus
or West Lafayette school informal process.
- To begin formal proceedings, the initiator must notify the Executive
Vice President for Academic Affairs at West Lafayette or the Vice
Chancellor for Academic Affairs/Services on a regional campus
in writing of his/her intentions no later than 30 days after receiving
notification of the outcome of the informal proceedings or 30
days after it became clear that a response would not be received
in a timely manner. If the Executive Vice President or Vice Chancellor
is a party to the complaint, the initiator should send notice
requesting a formal hearing to the President (West Lafayette)
or the Chancellor (regional campuses) who shall designate another
University faculty or staff member to perform the role assigned
to the Executive Vice President/Vice Chancellor in this Sections
I, II, and IV of these procedures.
- The initiatorŐs notification must be in writing and include
a statement of the alleged impropriety that was not resolved informally;
no new concerns or complaints may be added. The statement also
must include a description of the facts giving rise to the complaint
and the relief sought. These materials must be accompanied by
copies of all correspondence concerning the complaint that the
initiator sent or received during the informal proceedings.
- The Executive Vice President/Vice Chancellor/or designee shall
forward a copy of all materials received from the initiator to
the respondent(s) whose alleged actions or decisions are the basis
for the complaint. The respondent must furnish a written response
within one week.
- Upon receipt of the respondent(s) statement(s), the Executive
Vice President/Vice Chancellor/designee shall forward the materials
received from the initiator and the respondent(s) to the chair
of the appropriate grievance steering committee. (See Section
I.G.4. - 5. for information about committee composition and membership.)
- The committee chair shall constitute a five member impartial
panel drawn from the committeeŐs membership. No one may serve
on a panel who is employed in the same academic program, section,
division, or department as the initiator or respondent or who
has a conflict of interest with either party. From the panelŐs
membership, a chair shall be selected to conduct meetings and
issue all communication on behalf of the panel.
- After reviewing the materials forwarded by the Executive Vice
President/Vice Chancellor/designee, the panel must conclude one
of the following by majority vote and convey its decision to the
Executive Vice President/Vice Chancellor/designee within two weeks
of receiving the complaint:
- The initiator either did not begin or failed to complete
the informal process within the allotted time. No further
action is warranted, or
- Although the time allotted has not expired, the initiator
either has yet to begin or to complete the process for resolving
grievances informally. Therefore, prior to being eligible
for consideration for a formal hearing, the initiator must
begin and/or complete the informal process within the allotted
time, or
- Informal remedies were pursued by the initiator, but the
University employee(s) responsible for responding did not
do so within the allotted time. At this point, the nature
of the complaint determines whether formal proceedings should
continue. If the allegation is grievable (see Section 1.B.1.
- 2.), a formal hearing should be constituted. If the nature
of the allegation is not grievable, no further action is warranted,
or
- The informal process was completed, but based on the types
of allegations that are grievable, sufficient grounds do not
exist for constituting a formal hearing, or
- The informal process was completed, and sufficient grounds
exist for initiating a formal hearing.
- The Executive Vice President/Vice Chancellor/designee shall
inform the initiator and the respondent(s) of the panelŐs decision.
If the panel concludes that a formal hearing is warranted, the
Executive Vice President/Vice Chancellor/designee must indicate
so to the appropriate grievance hearing committee and ask it to
proceed accordingly.
- Each West Lafayette school and regional campus must establish
a grievance hearing committee and a procedure for hearing formal
grievances. (At West Lafayette, the Schools of Engineering collectively
shall be considered one school for purposes of grievance proceedings
as shall the Schools of Pharmacy, Nursing, and Health Science.
The libraries also shall be treated collectively as a school.)
Committee composition and proceedings must include the following:
- All members of a regional campus grievance hearing committee
shall come from the voting faculty on that campus. Similarly,
all members of a West Lafayette school grievance hearing committee
shall be voting faculty in that school. (See Section I.G.4.
- 5. for further information about committee composition and
membership. )
- Each formal hearing shall be conducted by an impartial panel
of five faculty drawn from the committeeŐs membership. No
one may serve on a panel who is in the same academic program,
section, division, or department as the initiator or the respondent,
nor shall prospective panel members serve if they have a conflict
of interest with either party. They also may withdraw from
consideration if they have a scheduling conflict with an out-of-town
commitment or served on another hearing panel that semester.
In addition, the initiator and the respondent each may exclude
up to three members from the slate of prospective panelists.
If fewer than five members remain, the hearing may be conducted
by a three-member panel. If additional panelists are needed,
the chair of the grievance hearing committee shall inform
the Executive Vice President/Vice Chancellor/designee accordingly.
The latter shall randomly select the number of additional
faculty needed to constitute a panel from either the voting
faculty at that campus or school or from members of another
campus or school grievance hearing committee. Panelists so
selected must meet all the criteria stated above. In addition,
they may choose to withdraw from further consideration for
the reasons noted above.
- The chair of the panel, who shall be selected by the panel
from its membership, must be a tenured faculty member. The
chair shall be responsible for conducting meetings and issuing
all communication on behalf of the panel.
- At anytime before the hearing, the initiator may withdraw
the grievance. Once the hearing begins, however, the grievance
may be withdrawn only under the following conditions:
- the initiator decides that the action or decision being
grieved is no longer inappropriate, or
- the respondent agrees to provide relief acceptable to
the initiator, or
- both parties request the grievance be withdrawn.
- Formal hearings shall begin no later than two weeks after
a panel is constituted. (See Section 1.H. for provisions to
extend this time if necessary, especially between semesters
or during the summer.)
- The order in which the various elements of the hearing described
below occur shall be determined by the panel. The panel also
may set reasonable time limits in which these elements must
be completed. Information concerning the order of hearing
and the time limits, if the panel chooses to set them, should
be sent to both the initiator and the respondent at least
one week prior to the hearing.
- The hearing shall be open only to the participants unless
both the initiator and the respondent request otherwise.
- The initiator and the respondent each may invite up to two
faculty, staff, or graduate student colleagues from their
campus to serve in an advisory capacity. (Initiators and respondents
at the North Central campus may call upon colleagues from
the West Lafayette campus as well as their own to fulfill
these roles.) Advisors can be present throughout the hearing
to provide support and advice to their advisee and/or to observe
the proceedings. However, they may not provide testimony,
make statements, or otherwise participate in the hearing.
- Both the initiator and the respondent may present oral and
written statements, question each other, introduce witnesses,
and question all witnesses.
- Each witness may be present at the hearing only when he/she
is making a statement or being questioned. An advisor may
not also be a witness, nor may a witness be an advisor.
- The panel may question all participants speaking at the
hearing as well as ask for additional information. The panel
also may call and question witnesses. In addition, the panel
may stop the presentation of information it deems irrelevant
to the allegations.
- No new allegations may be introduced into the hearing.
- All panel members, participants, and advisors must respect
the confidentiality of the information and records introduced
into the hearing.
- An audio recording shall be made of the hearing and kept
in the Office of the Executive Vice President for Academic
Affairs or the Vice Chancellor for Academic Affairs/Services
for use by the panel, the initiator, the respondent, the chancellor/dean,
or the lattersŐ designees should any want to review the proceedings.
A written transcript will not be provided.
- The panelŐs decision must be based solely on information
that has been made available to both the initiator and the
respondent(s). If additional information is received by the
panel outside the hearing, it must be shared with both parties
to the grievance, and each must be given an opportunity to
respond. If the response is verbal, it must be made in the
presence of the panel and both parties (either or both parties,
however, may waive the opportunity to be present) or the panel
must prepare a written summary of the information gained and
share it with both parties for review and comment.
- The panel shall conduct the hearing as expeditiously as
possible. After the proceedings have concluded, the panel
shall meet in executive session and determine by majority
vote whether or not the preponderance of the evidence presented
supports the allegations made by the initiator.
- Within two weeks after the completion of the hearing, the
panel shall report its findings, conclusions, and recommendations
in writing to the appropriate West Lafayette school dean or
regional campus chancellor. Copies of the report also should
be sent to the initiator and the respondent(s).
- The decision concerning the outcome of the hearing shall
be made by the chancellor/dean and announced in writing within
two weeks of receipt of the panelŐs recommendation. If the
chancellor participated in the hearing or otherwise was involved
in the grievance, the President must appoint another University
employee not associated with the case to make and announce
the decision. Similarly, if the dean took part in the hearing
or was involved in the case, the Executive Vice President
for Academic Affairs must either render and announce the decision
or appoint another University employee not associated with
the grievance to do so.
- If the person making the decision decides to take action
other than that recommended by the hearing panel, the panel
must be informed accordingly.
- Copies of the decision should be sent to the initiator,
respondent(s), panel, and Executive Vice President for Academic
Affairs, Vice Chancellor for Academic Affairs/ Services, or
their designee.
SECTION V
APPELLATE PROCEEDINGS
- The initiator shall have the right to appeal the outcome of
the formal proceedings if he/she believes he/she
- was wrongfully denied an opportunity by a grievance steering
committee to have a formal hearing, or
- did not have a formal hearing that culminated in a decision
even though a grievance steering committee concluded that
a formal hearing was warranted.
- Either the initiator or the respondent may appeal the outcome
of a formal hearing if either
- feels a significant procedural error occurred during the
formal proceedings which likely could have influenced the
panelŐs recommendation or the chancellorŐs/deanŐs/designeeŐs
decision, or
- has significant new information related to the grievance
that was not known at the time of the hearing which, had it
been introduced, he/she feels likely could have changed the
panelŐs recommendation or the chancellorŐs/deanŐs/designeeŐs
decision.
- A person wishing to appeal the results of a formal hearing must
do so in writing within 30 days of receiving a grievance steering
committeeŐs decision not to grant a formal hearing, within 30
days after it became clear that a mandated formal hearing culminating
in a decision was not going to occur, or within 30 days of receiving
the decision concerning the outcome of a formal hearing. Academic
personnel at the Calumet and Fort Wayne campuses should send notice
to their Vice Chancellor for Academic Affairs while those at the
North Central and West Lafayette campuses should notify the Executive
Vice President for Academic Affairs. If the Executive Vice President/Vice
Chancellor is a party to the grievance, the initiator should send
notice requesting an appellate hearing to the President (North
Central and West Lafayette) or the Chancellor (Calumet and Fort
Wayne) who shall designate another University faculty or staff
member to perform the role assigned to the Executive Vice President/Vice
Chancellor in Sections I, II, and V of these procedures.
- Such notice must include a description of the facts giving rise
to the appeal and the remedy sought. If the appeal is based on
the failure of a grievance steering committee to grant a formal
hearing, the appropriate grievance hearing committee to conduct
or complete one, or the chancellorŐs/deanŐs failure to render
a decision, the Executive Vice President/Vice Chancellor/designee
shall send a copy of the allegations to the chair of the appropriate
committee or the chancellor/dean for review and reply. The respondent(s)
must furnish a written response within one week.
- If the appeal is based on the provisions outlined in Section
V.B., the notice also must include a description of the alleged
procedural irregularities or the new information since discovered
supporting the request along with a statement indicating how these
alleged irregularities or this new information could have influenced
the outcome of the formal proceedings. If the request for an appeal
is based on new information, the party also must indicate why
he/she was not aware of this information at the time of the formal
proceedings. The Executive Vice President/Vice Chancellor/designee
shall forward a copy of the materials received from the initiator
to the chair of the hearing panel. The chair must provide a written
response within one week.
- The Executive Vice President/Vice Chancellor/designee shall
then forward all of the material received related to the appeal
from the initiator and the responding party(s) to a five member
impartial panel constituted by the chair of the appropriate grievance
steering committee from the membership of the committee that did
not serve on an earlier panel considering this grievance. If fewer
than five members are available, the request for an appeal may
be heard by a three-member panel. Appeals at Calumet and Fort
Wayne shall be forwarded to the grievance steering committees
at those campuses. Appeals initiated at the North Central and
West Lafayette campuses shall be sent to the West Lafayette Grievance
Steering Committee. If the appeal involves an alleged procedural
error related to a formal hearing, the Executive Vice President/Vice
Chancellor/designee also shall forward a copy of the audio recording
of that hearing.
- No one may serve on a panel who is employed in the same academic
program, section, division, or department as the initiator or
respondent or who has a conflict of interest with either party.
From the panelŐs membership, a chair shall be selected to conduct
meetings and issue all communication on behalf of the panel. After
reviewing the materials forwarded by the Executive Vice President/Vice
Chancellor/designee, the panel must conclude one of the following
by majority vote and convey its decision to the Executive Vice
President/Vice Chancellor/designee within two weeks of receiving
the request for an appellate hearing:
- Insufficient grounds exist to support the appeal. No further
action is warranted, or
- The initiator was wrongfully denied a formal hearing by
a grievance steering committee. The appropriate school or
regional campus grievance hearing committee should conduct
a formal hearing per Section IV, or
- A grievance hearing committee failed to conduct or complete
a hearing mandated by a grievance steering committee or the
dean/chancellor/designee did not render a decision concerning
the case. Another grievance hearing panel should conduct a
formal hearing per Section IV, or
- Significant new information related to the grievance that
was not known at the time of the formal hearing has been discovered
which, had it been introduced, likely could have changed the
panelŐs recommendation or the deanŐs/chancellorŐs/designeeŐs
decision. The appropriate grievance appeals committee should
hear the case de novo, or
- The procedural error which occurred during the formal proceedings
likely could have influenced the panelŐs recommendation or
the deanŐs/chancellorŐs/designeeŐs decision. The appropriate
grievance appeals committee should hear the case de novo.
- The Executive Vice President/Vice Chancellor/designee shall
inform all parties involved of the panelŐs decision. If the panel
concludes that a formal or an appellate hearing is in order, the
Executive Vice President/Vice Chancellor/designee must ask the
chair of the appropriate grievance hearing or grievance appeals
committee to constitute an impartial five member panel to hear
the case. Appeals from Calumet and Fort Wayne shall be heard by
the grievance appeals committees on those campuses. Appeals from
North Central and West Lafayette shall be heard by the West Lafayette
Grievance Appeals Committee. Procedures should be established
for attempting to identify one or two impartial faculty members
from the North Central campus to be included among the five members
on an appellate panel at West Lafayette when an appeal from the
North Central campus is being heard.
- The grievance appeals committees shall establish procedures
for constituting impartial panels and hearing appeals. The elements
that regional campus and West Lafayette school grievance hearing
committees must incorporate into their procedures (Section IV,
I.1-16) also must be incorporated into those of the grievance
appeals committees.
- The panel shall conduct the hearing as expeditiously as possible.
Within two weeks after the hearing has been completed, the panel
must report its findings, conclusions, and recommendations in
writing to the President of the University. Copies of all materials
forwarded by the panel also should be sent to the initiator and
the respondent(s). The President shall make and announce the disposition
of the appeal within two weeks of receipt of the panelŐs recommendation.
Copies of the decision should be sent to both parties, the panel,
the Executive Vice President/Vice Chancellor, and Chancellor.
If the President decides to take action other than that recommended
by the panel, the panel must be informed accordingly. The PresidentŐs
decision regarding the appeal shall be final.
SECTION VI
OTHER PROVISIONS
The procedures outlined above shall pertain to grievances initiated
on or after July 1, 1998. Grievances initiated prior to this time
will be handled according to the provisions set forth in Executive
Memorandum No. C-19.
- The campus and school procedures called for in Sections III,
IV, and V must be developed and approved by the appropriate campus
or school faculty and endorsed for compliance with this memorandum
by the President or the PresidentŐs designee.
- Academic personnel employed by a West Lafayette campus unit
other than a school or the libraries who have grievances that
qualify for formal consideration shall have their cases heard
by a panel from the school that reviews the nominations for promotion
and tenure for the initiatorŐs unit.
Summary
Purdue University Grievance Procedures
for Academic Personnel
- Informal Proceedings: Academic personnel are expected to make good
faith efforts to resolve potential grievances informally. They must begin
this process within 30 days* of the time they become aware or reasonably should
have become aware of the alleged violation or within 30 days* of the employeeŐs
knowledge of the most recent incident in a series of related actions or decisions
comprising the complaint. (Section III. A.)
- To begin the informal proceedings, the employee (initiator) must send
a letter to the appropriate campus/school official fully describing the
alleged impropriety and stating the remedy sought. (Section III. B.)
- The informal process must incorporate discussion and/or mediation and
be completed within 30 days* from the time a written complaint is received.
The initiator must be informed in writing of the outcome of the informal
proceedings. (Section III. C. - D.)
- Formal Proceedings: If an employee is not able to resolve a complaint
satisfactorily through the informal process, he/she may request an opportunity
to resolve it through formal proceedings. This request must be initiated no
later than 30 days* after receiving notification of the outcome of the informal
proceedings or 30 days* after it became clear that a response would not be
received in a timely manner. (Section III. E. and Section IV. A. - B.)
- The employee (the initiator) must send a letter to the Executive Vice
President for Academic Affairs (West Lafayette) or the appropriate Vice
Chancellor for Academic Affairs/Services (regional campuses) requesting
that formal proceedings be initiated. The letter must include a statement
of the alleged impropriety that was not resolved informally; no new concerns
or complaints may be added. The letter also must include a description
of the facts giving rise to the complaint and the relief sought. Copies
of all correspondence concerning the complaint that the initiator sent
or received during the informal process must accompany this letter. (Section
IV. C.)
- The Executive Vice President/Vice Chancellor/designee shall request
a written reply to the allegations within one week from the person(s)
whose alleged actions or decisions are the basis for the complaint (respondent).
(Section IV. D.)
- All of the materials received from the initiator and the respondent(s)
shall be forwarded to the chair of the grievance steering committee at
the initiatorŐs campus. (Section IV. E.)
- If an impartial panel from this committee feels a formal hearing
is warranted, one must be conducted by the appropriate West Lafayette
school or regional campus grievance hearing committee. (Section IV.
F - H.)
- If the panel does not feel a formal hearing is warranted, all parties
to the complaint shall be informed accordingly. Unless the initiator
files an appeal, no further action will be taken. (Section IV. F.
- H.)
- If a hearing is warranted, an impartial panel drawn from the initiatorŐs
school (West Lafayette) or campus (regional campuses) grievance hearing
committee shall conduct the formal proceedings; determine whether or not
the preponderance of the evidence supports the allegation; and report
its findings, conclusions, and recommendations to the initiatorŐs dean
(West Lafayette) or chancellor (regional campuses). (Section IV. I. 1.
- 17.)
- The dean/chancellor shall review this material and make as well as announce
the decision concerning the outcome of the formal proceedings. (Section IV
I. 18. - 20.)
- Appellate Proceedings: Academic personnel may appeal a decision made
during formal proceedings for any of the following reasons: they feel they
were wrongfully denied an opportunity to have a formal hearing; they did not
have a formal hearing culminating in a decision even though a grievance steering
committee concluded a hearing was warranted; they feel a significant procedural
error occurred during the formal proceedings which likely could have influenced
the panelŐs recommendation or the deanŐs/chancellorŐs decision; or they have
significant new information related to the grievance that was not known at
the time of the hearing, which had it been introduced, they feel likely could
have changed the panelŐs recommendation or the deanŐs/chancellorŐs decision.
Requests to begin appellate proceedings must be initiated within 30 days*
of receiving a steering committeeŐs decision not to grant a formal hearing,
within 30 days* after it was clear that a mandated formal hearing culminating
in a decision was not going to occur, or within 30 days* of receiving a decision
concerning the outcome of a formal hearing. (Section V. A. - C.)
- To initiate appellate proceedings, an employee must send a letter to
the Executive Vice President for Academic Affairs (West Lafayette and
North Central campuses) or the Vice Chancellor of Academic Affairs (Calumet
and Fort Wayne campuses) describing the facts giving rise to the appeal
and the remedy sought. (Section V. A. - E.)
- The Executive Vice President/Vice Chancellor/designee shall send a copy
of the allegations to the chair of the appropriate grievance steering
committee, grievance hearing committee, dean, or chancellor. The respondent
must furnish a written response within one week. (Section V. D. - E.)
- All of the materials related to the appeal received from the employee
and the committee, dean, or chancellor shall be forwarded to the appropriate
grievance steering committee. (Section V. F.)
- If the committee concludes that a formal or an appellate hearing
is warranted, one must be conducted by the appropriate committee.
(Section V. G. - H.)
- If the committee determines that insufficient grounds exist to support
the appeal, the outcome of the formal proceedings shall stand. (Section
V. G. 1.)
- If an appellate hearing is warranted, an impartial panel drawn from the
appropriate grievance appeals committee shall conduct the proceedings; determine
whether or not the preponderance of evidence supports the allegation; and
report its findings, conclusions, and recommendations to the President of
the University. (Section V. H. - J.)
- The President shall review this material and make as well as announce the
decision concerning the outcome of the appellate proceedings. The PresidentŐs
decision shall be final. (Section V. J.)
*All times are expressed in calendar days. See Section I.H. of
the document for information about requesting extensions of any
of these limits.
Steven C. Beering
President