Changes proposed for grievance policy
Published Nov. 27, 2007
Grievance procedures for MU faculty could become less complicated if a set of revised policies is approved.
The grievance policy addresses faculty member allegations of violations of university policies and procedures, discrimination or infringement of academic freedom.
Leona Rubin, chairwoman of the Faculty Council Faculty Affairs Committee, presented a revised grievance procedure to the council during the general meeting on Nov. 15.
The changes made to the grievance policy would be used for two or three years before the council would re-examine it and look at shortening the process, Rubin said.
Under the current procedure, the entire grievance process can take as long as 320 days. According to the revised document, the procedure could take 340 days, including additional time for stays.
She said the committee would like to reduce the procedure to 90 days after the new extension so that the grievance policy "has teeth."
Laurie Mintz, the investigative officer for the grievance process, said during the meeting that although the changes will make the process better, there will always be room for improvement.
"I'm not sure any grievance process will be perfect ever," Mintz said.
Other proposed changes to the policy include reducing the number of people on the panel that rules on grievances from five to three, setting a 10-page limit on statements and removing tenure decisions from the grievance process.
Some proposed changes were left out of the revised document, including adding a non-voting administrative member to the panel and reducing the time a faculty member has to file a grievance.
Another change that was left out was an option that would allow grievants to opt out of the process and take their case to court. In a statement at the end of the revised policy, MU Counsel Phil Hoskins said that would not be possible.
"As escape clause is not something the university can do because it is forcing them to give up a class of legal defenses, failure to exhaust administrative remedies and they will not give up a legal defense," Hoskins said. "It should be noted that the grievant can elect to initiate a lawsuit at any time and the grievance process will be terminated. If they do so, however, they are electing not to pursue all remedies available to them in which case the failure to exhaust argument could be used."
A change put into the revised document shortens the time the chancellor has to make a decision on a grievance. The chancellor would have 30 days to make a decision, with the option for a 30-day extension with a written explanation. If the chancellor does not make a decision within the time period, the decision made by the panel would be considered final.
The current policy allows the chancellor 70 days to make a decision.
The new policy will be put to vote at a future Faculty Council meeting, and then the policy must be approved by both the faculty as a whole and the UM system Board of Curators.