Faculty Handbook: Grievance procecures

In 1988, following a mandate to all State System institutions from the State Board of Higher Education, the OSU Faculty Senate approved new grievance procedures. There have been minor revisions since then. The procedures are published in their entirety below. Numbers refer to the Oregon Administrative Rules.

Purpose
576–050–0010

  1. The University encourages the resolution of grievances through informal means and discussion in keeping with the collegial atmosphere of a university. The University is also committed to a formal procedure for consideration of grievances that are not resolved through informal processes.
  2. The procedure set out in this rule is available to any unclassified employee with faculty rank as defined in this rule and in the rules of the State Board of Higher Education.
  3. This grievance procedure may be used to hear any complaint by a faculty member that he or she was wronged in connection with compensation, tenure, promotion or other conditions of employment, or that his or her rights were denied as to reappointment. "Other conditions of employment" shall include, but not be limited to, violations of academic freedom, nondiscriminatory employment practices and discriminatory employment practices including sexual harassment, and laws, rules, policies and procedures under which the institution of higher education employing the academic employee operates. Disciplinary sanctions are imposed in accordance with OAR 580–021–0320 and shall not be subject to this grievance procedure.
  4. The University may elect not to proceed with a grievance if the grievant also seeks resolution in another forum.
  5. If the grievance concerns a matter to which contested case procedures apply, the grievant may elect to use the procedures in OAR 576–002–0020 to 576–002–0055.

Definitions and Mail Requirement
576–050–0015

Informal Procedures
576–050–0020

Initiation of Formal Procedures
576–050–0025

Appeal to the Faculty Grievance Committee
576–050–0030

If the decision of the dean, director, or unit executive officer is not satisfactory to the grievant, the grievant may file a written appeal with the Faculty Grievance Committee within ten (10) days of receipt of the written decision, stating why the response at the previous level is deficient. This step is optional with the grievant. The grievant may bypass the committee and file the appeal directly with the President.

  1. The Committee shall send to the grievant a written notice of the time and place of the hearing at least seven (7) days prior to the hearing.
  2. At the committee hearing the faculty member shall present his or her case first, followed by the person or persons who are the object of the grievance. Thereafter the faculty member shall have an opportunity to respond.
  3. Each party shall have a right to call and examine witnesses, to introduce exhibits or other documents. The members of the committee may question any witness and may call additional witnesses.
  4. If the grievant so chooses he or she may be accompanied by or represented at the hearing by any other person.
  5. Either party may provide for and obtain a sound recording of the hearing.
  6. The hearing shall be open to the public at the option of the grievant to the extent allowed by law. However, deliberations of the Grievance Committee shall not be open to the public or the parties.

Decision by the Committee and Appeal to the President
576–050–0035

Effect of Time Limits
576–050–0045

If the University fails to respond within the time limits at any step in this grievance process, the grievant may appeal to the next step.

Non–Retaliation
576–050–0050

An individual filing a grievance in good faith or otherwise participating in any of the actions authorized under these grievance rules shall not be subject to retaliatory action of any kind by any employee of the University, the Oregon University System, or the State Board of Higher Education.

Two–Year Review
576–050–0055

Not later than two years from the adoption of these rules, the Provost and Faculty Senate Executive Committee shall jointly appoint a faculty committee to review the effectiveness of this grievance procedure and to recommend any changes.

Effective February 25, 2002