Review of Complaints Regarding Conditions of Employment
A Faculty member who believes that he or she has received unfair treatment with regard to individual conditions of employment involving administrative actions or the actions of another member of the Faculty may file a written complaint with the Chair of the Review Board. “Conditions of employment” is understood to include such matters as an individual’s salary or promotion; access to sabbaticals, leaves of absence, and professional development funds; and assignment of classes and committee responsibilities. The complaint shall describe the nature of the conflict in detail and include all pertinent information in support of the allegation of mistreatment. The complainant shall supply this information in writing within two weeks of filing the complaint or ask the Chair of the Review Board for an extension, providing a valid reason for the requested delay.
The Review Board has the authority to determine whether the complaint raises issues that it is constituted to review and to determine whether to hear the complaint. It shall make this determination within two weeks of receiving the pertinent information from the complainant. In no case shall the Review Board hear a complaint unless all administrative means of dealing with the matter have been exhausted.
If the Review Board decides not to hear the complaint, it shall inform the complainant in writing within one week of reaching its decision, providing the reasons for its decision. Copies of this report shall be sent to the President of the College and the Dean of the College.
If the Review Board decides to hear the complaint, it shall name a panel which shall notify in writing the person or persons against whom the complaint is filed and shall ask that person (or those persons) to provide all information pertinent to the complaint within two weeks. Submission of this information shall be in writing. An extension may be granted if requested in writing, provided that a valid reason is given. If either party fails to provide pertinent documentation within the allotted time, the review panel has the right to dispose of the proceeding case at that point based on the information it has. After reviewing the information provided to it by both parties, and after interviewing all pertinent individuals, the review panel may decide to attempt to resolve the issues by mediating a settlement that is satisfactory to all parties involved. The review panel may bring the parties together in order to provide the opportunity for the two sides to hear each others’ claims, explain or refute allegations or counter-allegations, and question each other.
Whether or not any parties appear before the review panel, either together or separately, the review panel, at an appropriate time, shall inform each party in writing of the substance of relevant information submitted by the other party or parties, with the understanding that confidential aspects of the proceeding will not be included therein. All parties shall have the opportunity to respond to or rebut such information before the panel issues its recommendations. The Faculty member may have an adviser present when appearing before the review panel. The adviser must be chosen from the Faculty or administration of the College. The review panel may admit any evidence it determines to be useful and relevant, and its recommendations shall be based solely on that evidence. Each party may call a reasonable number of persons to speak on his or her behalf. The review panel in its sole discretion may limit the number of people to be called if the number requested is deemed excessive and if, in the judgment of the panel, the information to be presented is likely to be redundant. The review panel shall have the right to ask either party to explain why a specific individual should be called. If the review panel declines the request of either party for the panel to hear testimony by other individuals, it shall convey its response in writing, indicating the reason or reasons, with the understanding that confidential aspects of the proceeding will not be included in the explanation.
If a successful solution can be mediated, that solution shall be put in writing by the review panel and signed by the members of the panel and each of the parties involved. Copies shall be sent to the complainant, the Chair of the Review Board, the President of the College and the Dean of the College.
If the review panel does not view mediation as an appropriate option, or if successful mediation cannot be achieved, the panel shall draft a statement of its recommendations on the basis of information gathered during the proceeding. It shall put its recommendations and their rationale in writing and submit a copy to the complainant, to the Chair of the Review Board, the President of the College, and the Dean of the College. It is the responsibility of the President or the Dean to take final action.