5.31 Grievance Procedure

Scope

This policy applies to regular status and extended temporary status teachers in the Laurent Clerc National Deaf Education Center (Clerc Center) at Gallaudet University.

Policy

It is the intent of the University to provide an effective method for teachers to bring problems and complaints concerning work to the attention of the administration without fear of retribution or prejudice. Teachers are encouraged to use the formal procedures when they believe a decision or action (including dismissal) is inappropriate, unfair, or in violation of the institution's policies or procedures.

Since the grievance process is an internal review, a representative may advise the teacher but may not attend or participate in any stage of the process. Teachers electing to pursue their complaint through external remedies without first using these procedures waive their right to use these procedures.

Employees who want to discuss or attempt to resolve their problems informally, who desire counseling, or who wish to obtain clarification of their rights, may meet in confidence with the Director of Equal Opportunity Programs or the Director of Human Resources.

Procedures

Mediation

At any stage of the grievance process, the employee or the supervisor may request mediation. Mediation is a voluntary process where the employee and the supervisor (or the administrator who initiated the action causing the dispute) work together in a non-adversarial way to resolve differences and to reach a mutually agreeable solution to the conflict. The Director of Equal Opportunity Programs and/or the Director of Human Resources facilitate the process. Mediation does not prevent the employee from pursuing the grievance process as long as the process is initiated or resumes within 10 working days following conclusion of the mediation.

Administrative Appeal

1. If a teacher has a grievance, he/she should request, in writing, reconsideration of the decision or action from his/her supervisor (or from the administrator who initiated the action) within ten (10) working days of the incident.
2. Unless there are extenuating circumstances, the supervisor has up to ten (10 working days to respond in writing.
3. If the reply of the supervisor does not resolve the grievance, the teacher has up to five (5) working days after receipt of the supervisor's response to present a formal, written appeal to the Principal (or other unit administrator if the teacher is assigned to another unit). The appeal must include the nature of the complaint, the policy or procedure which has been violated, any evidence which might be helpful, and the redress sought.
4. Upon receipt of the written grievance, the Principal consults with appropriate individuals in determining a response. Unless there are extenuating circumstances, the Principal must respond to the teacher in writing within ten (10) working days after receipt of the formal appeal.
5. If the reply of the Principal does not resolve the grievance, the teacher has up to five (5) working days after receipt of the Principal's response to present a formal, written appeal to the Dean. The appeal must include the nature of the complaint, the policy or procedure which has been violated, any evidence which might be helpful, and the redress sought.
6. Upon receipt of the written grievance, the Dean consults with appropriate individuals in determining a response. Unless there are extenuating circumstances, the Dean must respond to the teacher in writing within ten (10) working days after receipt of the formal appeal.
7. If the reply of the Dean does not resolve the grievance, the teacher has up to five (5) working days after receipt of the Dean's response to present a formal, written appeal to the Provost. The appeal must include the nature of the complaint, the policy or procedure which has been violated, any evidence which might be helpful, and the redress sought.
8. Upon receipt of the written appeal, the Provost consults with appropriate individuals in determining a response. Unless there are extenuating circumstances, the Provost must respond to the teacher in writing within ten (10) working days after receipt of the formal appeal.

Committee Review

1. If the response of the Provost does not resolve the grievance, the teacher may submit a formal written appeal, within five (5) working days after receipt of the Provost's response, to a grievance committee. The appeal must include the nature of the complaint, the policy or procedure which has been violated, any evidence which might be helpful, copies of all correspondence related to the appeal, and the redress sought.
2. The Director of Human Resources is responsible for establishing the grievance committee. The chair of the grievance committee, in consultation with the Director, determines whether or not the panel is an appropriate forum for the grievance. The chair may conclude that committee members would neither be in a position nor qualified to make an informed and appropriate recommendation for the resolution of a particular grievance. If the grievance is not accepted, the chair of the grievance committee notifies the grievant. If the response of the committee chair does not satisfy the grievant, the teacher may proceed to stop III if appropriate.
3. If accepted, the chair of the grievance committee secures any additional information that may be needed to review the complaint. Unless there are extenuating circumstances, the committee meeting is held within ten (10) working days of the receipt of the appeal. The committee interviews, as necessary, all persons involved in the grievance.
4. Upon completion of its examination, the chair of the grievance committee notifies the Provost in writing of the committee's findings and offers recommendations for resolving the grievance. The Provost may reconsider his/her decision, if appropriate, and responds to the teacher within ten (10) working days of the committee's recommendation. If the committee supports the decision of the Provost without recommendations, the chair of the committee notifies the teacher in writing within five (5) working days.

Director of Equal Opportunity Programs

In situation where there has been a potential violation of laws or regulations governing employment, the teacher may submit, within five (5) working days after receipt of the Provost's or committee's response, a formal written appeal to the Director of Equal Opportunity Programs. Unless there are extenuating circumstances, the Director will investigate, if appropriate, consult with the Provost, and respond in writing within ten (10) working days of the formal appeal.