chapter 7- Faculty Associate Handbook, ISU

A. Grievance

A grievance shall be defined as a difference of opinion as it pertains to the application or interpretation of any provision of the Faculty Associate Handbook. Actions which are not grievable include:

Discrimination complaints which should be filed with the Illinois State University Affirmation Action Officer.

Performance evaluations which may be reviewed with the current supervisor and the person to whom the supervisor reports.

Job classification and compensation, including salary adjustment.

Layoff through reduction-in-force.

Actions grieved after resignation or voluntary termination.

Hiring decisions, including internal promotion decisions, not alleged to be based on discrimination.

B. Grievant

Person(s) who seeks resolution to a difference of opinion through the filing of a grievance in accordance with the procedures defined within this document.

C. Respondent

Person(s) against whom a grievance is filed.

D. Major Area Administrator

For purposes of this document, “Major Area Administrator” shall be identified as follows:

Dean, College of Education

Superintendent, Laboratory Schools

Principal, Thomas Metcalf School

Principal, University High School

II. Grievance Review Committee

A. Committee Composition

A committee of seven (7) Faculty Associates shall be elected.

There shall not be fewer than three representatives from each school.

Elected committee members shall serve two-year terms.

In case of a vacancy on the Grievance Review Committee, the next available candidate having the highest number of votes shall be seated.

B. Election Process

The election of Grievance Review Committee members shall be conducted in November of each year under the direction of the Superintendent of the Laboratory Schools.

To become a candidate for election:
a. Any tenured Faculty Associate may place his/her name on the ballot through written notification to the Superintendent by the established deadline, OR
b. Any Faculty Associate may place the name of any other tenured Faculty Associate on the ballot through written notification to the Superintendent by the established deadline. The nominee shall be considered a candidate after acknowledging his/her willingness to serve.

A ballot shall be prepared and copies distributed to all Faculty Associates. Candidates receiving the greatest number of votes shall be selectively certified to insure that the elected Committee shall be constituted to meet other precedent conditions, herein prescribed as to building representation.

III. Grievance Administrator

A. The Grievance Administrator shall be appointed annually by the Superintendent.

B. Responsibilities of this position include the following:

Training. Annually and within two months following the election of new Grievance Committee members, the Grievance Administrator will convene the full Grievance Committee to review the guidelines, policies, procedures of the grievance process, and grievance training.

Review and Update Grievance Procedures. The Grievance Administrator and the Grievance Committee shall review all grievance policies and procedures and make changes as needed to better facilitate the process. All changes shall be subject to final approval by the elected governance group in each building (currently FAC at Metcalf and Keystone at U-High).

Apply Grievance Criteria. When there is a recognized intent to file a grievance or when a grievance is formally filed, the Grievance Administrator shall seek advice, when needed, and determine if the issue is grievable in accordance with the definition of a grievance and the procedures outlined.

Mediation. The Grievance Administrator shall initiate action to determine if the issue can be resolved without the necessity of a formal hearing.

Notification to Major Area Administrator(s). The Grievance Administrator shall notify the appropriate Major Area Administrator(s) of a pending grievance in his/her area. A copy of the procedures is included with the notification. Both the Grievant and the Respondent will receive a copy of the notification.

Coordinate the Grievance Process. The Grievance Administrator shall insure that all grievances are conducted in accordance with the established policies and procedures. Additional responsibilities shall include:
   a. Receive the written grievance and initiate the grievance process in accordance with the established policies and within the specified time frame.
   b. Contact the Grievant and the Respondent to determine if the issue can be settled without a formal hearing.
   c. Convene selected Grievance Committee to select a chairperson.
   d. Send a letter (via certified mail or personal delivery) to the Grievant and Respondent at least fifteen working days before the hearing, layout guidelines of the hearing, and include a copy of the Hearing Process.
   e. In conjunction with the Chairperson of the Grievance Committee, arrange for hearing times, dates, and places.
   f. Secure all materials and equipment needed for the hearing including two tape recorders.
   g. Arrange for clerical support for the Grievance Committee.
   h. Log and retain all written, personal, and telephone communications related to a single grievance for a period of 5 years following the conclusion of the Grievance Process.
   i. Transmit committee’s written recommendation.

IV. Charge

A. Any grievance matter coming before the Committee will be held confidential by the members to the extent allowed by law.

B. The Grievance Committee shall have access to all materials submitted by the Grievant and the Respondent and shall be responsible for a thorough review of all documents.

C. The Grievance Committee shall be empowered to solicit other relevant information from any appropriate source.

D. The Grievance Committee shall listen to the prescribed presentations at the scheduled hearing and shall have the right to ask questions of any hearing participants.

E. The Grievance Committee shall prepare and submit a written recommendation to the Grievance Review Administrator within five (5) working days following the hearing.

V. Grievance Process

A. Preliminary Discussion of Issues

Before a formal grievance may be filed, potential grievance issues must first be discussed by the parties directly involved. If issue is not resolved, the Grievant shall discuss his/her complaint with the immediate supervisor to attempt to resolve the complaint.

Within five working days, the supervisor will attempt to resolve the dispute to the satisfaction of both parties. If the Grievant is not satisfied with the resolution, the Grievant may, within five working days, discuss the issues with the person to whom their supervisor reports. If the issues are not resolved within five working days, the Grievant may then file a written grievance.

B. Filing a Formal Grievance

Within five (5) working days following the preliminary discussions between the involved parties, the Grievant’s supervisor, and the person to whom the supervisor reports, the Grievant shall provide the Respondent with written notification of his/her intent to file a formal grievance. In the event written notification is not received within 5 days following the preliminary discussion, the Grievance is void.

Within five (5) working days following the Grievant’s written notification to the Respondent, a completed Grievance Form and all relevant documentation (from the Grievant) must be submitted to the Grievance Administrator. Once a grievance has been formally filed, all written, personal, and telephone communications related to the grievance shall be logged by the Grievance Administrator.

Within five working days of the formal grievance filing, the Grievance Administrator shall:
   a. Notify the Respondent’s Major Area Administrator(s), in writing, of the formal grievance filing.
   b. Notify the Respondent, in writing, and provide a copy of the Grievance and the Hearing Procedures to be followed to seek resolution. The Respondent shall have up until ten (10) working days after receipt of notification of Grievance to provide a written response and appropriate documentation to the Grievance Administrator.

The Grievance Administrator shall provide each Grievance Committee member with copies of the formal grievance, grievance procedures, and the Respondent’s response. A copy of the Respondent’s response shall also be forwarded to the Grievant. Films, pictures, and tape recordings will be made available to the Grievant, the Respondent, and the Grievance Committee at a place and time designated by the Grievance Administrator.

The Grievance Administrator and the Chair of the Grievance Committee shall determine the date, time, and place for the hearing. The date shall be set not less than 20 working days nor more than 30 working days following the formal filing of the grievance, except by mutual consent of the Grievant, the Respondent, and Grievance Administrator. At least 15 working days prior to any scheduled hearing, the parties involved will be notified in writing of the time, date, place, and procedures of the hearing.

C. Hearing Procedures

Participants. The following persons are permitted to be present at the hearing proceedings:
   a. All committee members and both parties shall be present at the hearing. Should one party fail to be present, the committee may proceed with the hearing without the absent party and make its decisions based upon the evidence available.
   b. The Grievant(s) and the Respondent. Each may also invite only one person (for support) to be present. This person may not be legal counsel, may not serve as a witness, nor will he/she have speaking privileges during the conduct of the hearing.
   c. The Grievance Administrator and the seven (7) members of the Grievance Committee must be present for the hearing.
   d. At the request of the Grievant, the Respondent, the Grievance Administrator, and/or the Grievance Committee, one or more witnesses may be called.

Hearing Format
   a. The reading of the grievance statement by the Grievance Administrator
   b. 15 minutes – Grievant presents position
   c. 15 minutes – Respondent presents position
   d. 5 minutes – Witnesses for the Grievant
   e. 5 minutes – Witnesses for the Respondent
   f. 3 minutes – Rebuttal by Grievant
   g. 3 minutes – Rebuttal by Respondent
   h. 5 minutes – Closing statement by the Grievant
   i. 5 minutes – Closing statement by the Respondent
   j. 30 minutes – Committee questions Grievant, Respondent, and anyone presenting information.

General Conduct
   a. The hearing is to be conducted in a fair and reasonable manner.
   b. All proceedings of the hearing shall be tape-recorded and shall become a part of the official file and retained for the specified time period of five (5) years.
   c. By consensus of the Grievance Committee, the time line noted in V.C.2 may be altered.
   d. The Chairperson of the Grievance Committee may adjourn/recess the hearing if he/she feels it is in the best interest of both parties to do so.
   e. Additional support documentation may not be introduced at the hearing unless requested by the Grievance Committee.

Resolution
   a. The Grievance Committee shall have five (5) working days following the hearing to prepare and submit written recommendations to the Major Area Administrator via the Grievance Administrator. With the submission of Committee’s recommendations, committee members shall return copies of all hearing materials including the grievance, the Respondent’s response, and any other relevant written documentation to the Grievance Administrator.
   b. Upon receipt, the Grievance Administrator shall forward a copy of the grievance, the Respondent’s response, the Grievance Committee recommendations, and any other relevant documentation to the Major Area Administrator(s).
   c. Upon receipt, the Major Area Administrator(s) shall have ten (10) working days to render a final decision and transmit that decision and his/her rationale, in writing, through the Grievance Administrator to the Grievant and the Respondent.
   d. Upon receipt, the Grievance Administrator shall have five (5) working days to provide written notification to the Grievant and the Respondent of the final decision.
   e. If the final decision is not acceptable to the Grievant and/or to the Respondent, the dissatisfied party has five (5) working days to submit a written request to the Grievance Administrator for an administrative review by the Dean or his/her designee.

— If the Dean or designee determines that the Major Area Administrator has erred, the matter shall be remanded to the Major Area Administrator with direction to modify the decision.

— If the Dean or designee sustains the decision of the Major Area Administrator, the Dean shall notify, in writing, the Major Area Administrator, the Grievance Administrator, and the dissatisfied party that the decision stands.

Grievance Form
Next Chapter