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SECTION 353: GRIEVANCES - FACULTY

SOURCE: SBHE Policy Manual, Section 612; NDSU President

  1. Each institution shall establish procedures to attempt mediation or resolution of faculty grievances.

  2. "Grievance" means an allegation of a violation of a specific Board or institutional policy, procedure or practice pertaining to the employment relationship. This includes the terms of the grievant's employment contract and this policy. Discretionary actions, such as salary adjustments and performance evaluations, may not be grieved, except to determine: (a) whether the discretionary action was made in accordance with relevant Board or institutional policies, practices, procedures or criteria; and (b) whether the action constitutes a clear abuse of discretion. Complaints involving any matters covered under SBHE Policy, Section 605.3 or 605.4 are not grievances under this policy. Grievances cannot be filed against written Board and institutional policies, per se. Decisions on matters related to tenure and promotion may be appealed under NDSU policy 350.1-350.5 and 352. Equal opportunity grievances are governed by NDSU Policy 156.

  3. This policy applies only to faculty as defined in SBHE Policy, Section 605.1 of these policies. It does not apply to classified staff or to administrators or coaches.

  4. The faculty governance structure at each institution shall by policy define the procedures for filing a grievance in accordance with SBHE Policy, Section 305.1 of these policies.

    4.1
    Actions or conditions subject to grievances are those which apply personally to the grievant and are administrative decisions affecting terms and conditions of employment, such as salary adjustments, development leave, assignments/duties, periodic reviews and working environment. Grievance does not include matters related to tenure or promotion.

    4.2
    A grievant may initiate the grievance process by 1)communicating with the person whose decision is the subject of the grievance and 2)then discussing the grievance with that person's immediate supervisor. The grievant shall put the basis for the grievance in writing if requested by any supervisor. If the outcome of these steps is unsatisfactory to the grievant, a grievant may then appeal to a Special Review Committee by filing a written grievance with the presiding officer of the University Senate no later than 120 calendar days from the date when the grievant is officially notified of the action or when the grievant becomes aware of a grievable condition that she/he was not made aware of by written means. The grievant may need to file an appeal to the Special Review Committee prior to the outcome of the previous steps in order to retain the right of appeal.

  5. The Special Review Committee shall attempt to resolve the grievance on an informal basis. Should the grievance remain unresolved, the Committee shall make its recommendations in writing to the complainant, head of the academic unit or program area, dean, or academic vice president, and president.

    6. 5.1
    The Special Review Committee shall consist of the following members:

    5.1.1
    A member of the University faculty chosen by the faculty member requesting the review;

    5.1.2
    A member of the University faculty chosen by the person(s) whose action is alleged to constitute violation of the regulations on academic freedom, tenure, and due process;

    5.1.3
    A member of the University faculty (who shall be chair) appointed by the Presiding Officer of the University Senate from among a pool of faculty members (one from each of the colleges in the University [excluding University Studies]), appointed by the Senate, upon recommendation of its Executive Committee, for one year terms coinciding with the term of the Presiding Officer of the University Senate. Any faculty member may serve up to four successive terms in such a position.

    5.1.4
    Emeritus professors are eligible for memberships on the SRC.

    5.1.5
    Faculty holding administrative appointments are not eligible for membership on the SRC. "Administrative appointment" includes appointments as President, Vice President, Dean, Associate or Assistant Dean, or Department Chair or Head of an Academic Unit.

    5.2
    In the event of a dispute as to whether an action is a matter related to tenure or promotion or is subject to grievance, the university or faculty member subject to the action may request an interpretation from the Standing Committee on Faculty Rights by filing a written request for an opinion. The Committee, after reviewing the matter and considering any written argument from either party, shall issue its opinion within thirty calendar days of the time of the filing of the request for an opinion.

  6. The President shall within thirty days of receipt of the recommendation, provide written notice to the grievant of his/her decision concerning the grievance after consideration of the Special Review Committee's recommendation. The President's decision shall be final.

HISTORY: June 26, 1986; Amended November 18, 1990; June 1995; June 1998; November 2000; March 2002; August 2003; March 2005.

NDSU PolicyManual
Last Updated: Thusrday, May 09, 2008
Published by North Dakota State University