Nov 28, 2024  
University Policy Library 
    
University Policy Library

D. CONDITIONS OF SERVICE CONTINUED 4


UNIVERSITY GRIEVANCE POLICY FOR FACULTY MEMBERS AND ADMINISTRATORS

2:160
 

Grievances that grow into conflicts are endemic in a sin-tainted world. Responsible Christians seek to minimize them, and, where necessary, to resolve them. The process used for resolving any grievance is founded on the scriptural principle (Matt 18:15-17) of settling differences among believers. Discussion begins between the two parties concerned. Others become involved only if attempts to resolve differences fail. The university prefers to resolve conflict within the community of faith where possible, using only non-litigious mechanisms.

Any administrator or faculty member in any constituent school of the university, the James White Library, the Andrews Academy or Ruth Murdoch Elementary School may initiate a request to resolve a grievance that he/she feels relates to his/her rights, academic freedom, benefits, working conditions, appointment, reappointment, tenure, promotion, or reassignment. A person who has been disciplined by the administration with a major sanction such as suspension from service or a minor sanction such as a reprimand may also file a grievance. A faculty member, who believes that a major sanction has been incorrectly imposed under this paragraph, or that a minor sanction has been unjustly imposed, may petition a grievance committee as outlined below.

Resolution through Informal Discussion (Step 1) 2:160:1

As the first step in the process, an aggrieved party must seek to resolve the grievance through an informal discussion with the appropriate immediate supervisor or other person whose action led to the grievance. The aggrieved person may also appeal to the Ombudsperson for counsel on resolving the problem or for assistance in bringing the disputants together for dialog.

Written Grievance to Immediate Supervisor (Step 2) 2:160:2
  1. The grievant may file his/her written grievance (with details of the grievance as described below) with the appropriate supervisor. Where practicable, this should be done not later than fifteen (15) working days following the grievant’s knowledge of the act, event, or commencement of the condition which forms the basis of the grievance.
  2. Within five (5) working days of receipt of the written grievance, a further discussion of the grievance shall occur between the aggrieved party and the appropriate supervisor to resolve the grievance. A written decision shall be provided to the grievant by the supervisor within five (5) working days of this discussion.
Written Grievance to President (Step 3) 2:160:3

If the grievant believes the problem remains unresolved through Step 2, this may be stated in writing within five (5) working days to the president. Within five (5) further working days the President shall refer the case to a grievance committee, constituted for this event.

The letter of the grievant should simply state the problem at issue, the wrong believed to have occurred or about to occur, efforts made to resolve the conflict, the relief to which the grievant claims to be entitled, and the lowest-ranking administrator able to resolve the problem. The written statement may contain all of the facts or alleged facts that the grievant deems pertinent to the case.

An unresolved grievance against the president himself/herself is referred to the chair of the Andrews University Board of Trustees for resolution by an administrative grievance committee.

Hearing of Grievance by a Grievance Committee (Step 4) 2:160:4
  1. The grievance committee shall act within ten (10) working days to hear the case.
  2. All grievance hearings shall be open only to participants, their non-legal representatives (see policy #2:180:7, and persons presenting information to the relevant grievance committee or being questioned by the grievance committee.
  3. When a grievance is heard by the committee, any party involved may submit documents and other materials related to the case, question witnesses, and otherwise make a full presentation of information to the committee. The university is not obligated to present documentation on behalf of the witness.
  4. No reprisals of any kind shall be taken by the university or any employee thereof against any grievant, any witness, any member of the grievance committee or any other participant in the grievance procedure by reason of such participation.
  5. The burden of persuading the grievance committee that the actions or inactions at issue were not proper rests upon the grievant and shall be satisfied only by a preponderance of evidence in the record considered as a whole.
  6. At any point in the proceedings prior to the time at which the committee meets to make a decision, the aggrieved party may withdraw the grievance with the consent of the relevant grievance committee.
  7. In reaching its decision, the committee shall not consider or review any document or other material to which both parties in the grievance are not given access.
  8. The meeting(s) at which the grievance committee considers its decision shall be closed to all parties except the committee members.
  9. At no time in the process should the grievance committee or any of its members reveal details of evidence heard except as revealed in the final report to the president.
Grievance Committee Report to President or Board of Trustees Chair (Step 5) 2:160:5

The decision of the grievance committee is advisory to the parties only and shall be submitted in writing to the president or the chair of the Andrews University Board of Trustees with copies to the grievant, and the appropriate department head or comparable immediate supervisor or the president, within two (2) weeks following closure of the case.

Judgment on the Grievance (Step 6) 2:160:6

The president is responsible to make a judgment on the grievance, in the light of the findings of the grievance committee and to inform the committee and the involved parties in writing of the reasons for that judgment within ten (10) working days. (or, where appropriate, the chair of the Andrews University Board of Trustees), shall be final and binding in all cases.

RETRENCHMENT POLICIES

2:161

Guidelines for Retrenchment of Faculty 2:161:1

If, for reorganizational or financial reasons (see policy #2:175:1) the university finds it necessary to reassign or reduce faculty, it shall as a general policy follow the guidelines below with a view to remaining true to mission, being financially efficient, retaining a strong teaching/research faculty, and insuring quality in academic programs:

  1. Personnel decisions shall favor retaining full-time faculty on tenure. Those not on tenure, would be retained on the basis of qualities such as:
    1. Faculty with highest rank
    2. Faculty with longest employment by Andrews University
    3. Faculty with evidence of excellence in teaching and effectiveness in working with students.
    4. Faculty with highest degrees
    5. Faculty with longest employment by the SDA Church
  2. Faculty members whose loads must be reduced shall be given preference in filling vacancies in a support or service area over individuals who do not have instructional capability .
  3. The institution will make reasonable efforts to assist discontinued faculty in finding alternative employment or careers. Some options include:
    1. Reassignment within the institution (sometimes in a lower-paying job) or other SDA institutions
    2. Retraining within the institution for an alternate career, provided the cost is not extensive
    3. Searches for non-denominational employment
    4. Reduction from full-time to part-time.
  4. The university will avoid filling vacancies or new positions with persons from outside the university if faculty who have been, or may be, terminated could fill such a vacant position with little or no retraining. In such cases faculty and faculty spouses will be given retention preference over staff or student employees for such a salaried or hourly-rated position.

ARRANGEMENTS FOR SHORT ABSENCES OF ADMINISTRATORS AND FACULTY

2:162
 

Absence of Dean/Department Chair 2:162:1

When a dean is to be absent for a short period of time, the dean shall arrange for someone to care for the needs of the school and to make decisions during his/her absence from the campus and shall inform the provost accordingly.

A chair of a department shall likewise make arrangements for another member of the department to care for the needs of the department and to make decisions during his/her absence. The chair shall similarly inform the relevant dean of the arrangements made. If the chair is to be absent for an extended period of time (a week or more) he/she must appoint a member of the department as acting chair during the period in question and inform the dean.

Communication technology (telephone, e-mail) should be used whenever possible to maintain regular contact with the school or department.

Absence of a Faculty Member: Teacher Substitutes 2:162:2

When travel takes a faculty member away from class appointments, clearance must be obtained from the department chair even if no reimbursement for travel is sought. A faculty member who is absent from the campus for an extended period should notify the chair and/or the dean as to how he/she may be reached in cases of emergency. Communication technology (telephone, e-mail) shall be used to maintain regular contact with the department whenever possible.

Normally, a faculty member may not miss more than ten percent of the class hours for professional meetings and off-campus professional appointments during a given semester. When a faculty member is authorized to miss classes the faculty member must make adequate provision acceptable to the department chair for the care of all classes, laboratories, and departmental responsibilities.

Tardiness of a Faculty Member 2:162:3

Teachers have the responsibility of getting to class on time. If a teacher is detained and will be late, the teacher must send a message to the class with directions. If after 10 minutes, no message has been received, students may leave without penalty. If teacher tardiness persists, students have the right to notify the department chair, or if the teacher is the department chair, to notify the dean.

FACULTY OFFICES 

2:163

Full-time faculty are assigned offices within their department for use in their academic responsibilities. These offices are generally provided with telephone and campus web access and other items of equipment which the department may deem necessary. Faculty offices should be reserved for business and not be spaces for student recreation.

Personal Property 2:163:1

An employee may apply for insurance of personal property that must be kept on university premises and is mandatory to fulfill an employee’s job responsibilities. Personal property that is not essential to an employee’s job is not insured by the university against loss or damage. Employees are advised not to bring personal property of value to their workplaces unless it is covered by personal insurance.

Children at the Workplace 2:163:2

Children visiting their parents during working hours can be a disruption to the normal work activity of both the parent and others in the work environment. They may also be exposed to dangerous equipment or materials. For that reason, children should never be present in laboratories or clinical areas. Generally, children should be cared for away from the work place and in such a way as not to interfere with the activities of the university. This includes after school hours as well as vacations and holidays. However, this policy does not apply to brief or occasional visits to a faculty or administrative office which are not disruptive. In the event that the usual provisions for care of child(ren) should fail, appropriate arrangements should be made with the chair or administrator so that the parent can care for their needs.

If an exception to this policy is needed, a request should be made to Human Resources. Cause for an exemption may be based on age and capability of the child as well as input from the appropriate chair, dean, or administrator.

TEACHER ASSISTANTS

2:164

Student assistants are provided teachers to assist them in their assignments while at the same time also providing the student with research/teaching and other academic experiences in a collegial setting as part of a team.

The teacher’s student assistants shall be provided by the manager of student employment within the departmental budget on the recommendation of the teacher and after consultation with the department chair and the dean.

The following categories of assistants have been approved:

  1. Laboratory Assistants: Research assistants help in the preparation for and operation of the laboratories for given classes or assist in research projects.
  2. Readers: Clerical assistants assist the teacher in correcting papers, examinations, special reports and other clerical duties.
  3. Graduate Assistants: Within the department or research budgets, graduate students may be hired on stipends to assist faculty members for specific tasks such as laboratory assistants, teaching, readers or as research assistants assisting in specific research and teaching assignments that a faculty member or members may be engaged in (see also policies #2:310:3:2 and 3).

FACULTY ADVISING RESPONSIBILITIES

2:165

As part of the working obligations of a faculty member, he/she may be assigned to advise undergraduate and graduate students. As an advisor, a faculty member shall mentor the student(s) assigned to him/her, shall counsel them on their degree programs and career opportunities and seek to foster spiritual, personal, and social development. A crucial test of the faculty member’s effectiveness as an advisor is to be found in the quality of his/her advising as perceived by the student and his/her availability to help a student.

Each undergraduate student shall have a faculty advisor assigned by the Advising Coordinator on the recommendation of the department chair. The number of students that shall be assigned to a faculty member as advisees shall be decided in consultation with the faculty member and the department chair with consideration of his/her various workload responsibilities.

Graduate students shall be assigned advisors by the dean of the school offering the program after having been advised by the graduate program director.

The faculty advisor shall in all cases be consulted before the student is subjected to major discipline or a change in registration. On the request of either the faculty member or the student, or for some other reason, the office of academic advising may change the student’s advisor. Both the student and the advisors shall be informed of the change. The quality of faculty advising is evaluated annually and reviewed further, when the promotion of a teacher is considered (See policy #2:308:3).

OMBUDSPERSON

2:166

The ombudsperson is an impartial intervention agent available to help students, staff, and faculty resolve problems that remain unsolved after the normal channels for handling such matters have been followed. The ombudsperson may have access to all university offices and appropriate relevant records when assisting in the resolution of problems. The ombudsperson will advise the student, staff or faculty member on further steps to take, negotiate a solution, or determine why the problem is insoluble. No student, staff or faculty member shall suffer any penalty because of seeking the assistance of the ombudsperson, and all information presented to him/her by persons seeking assistance shall be confidential so far as possible.

The ombudsperson is alert to the chief causes for student, staff, and faculty concerns; and makes recommendations to the president for improvements in these areas (See also policies #2:685, the Employee Handbook http://www.andrews.edu/HR/emp_handbook.html, and the Student Handbook http://www.andrews.edu/services/studentlife/handbook).

The ombudsperson is appointed by, and reports directly to, the president or his designee.

Section 2 :167 is under revision. Please check with Campus Safety or Vice President for Financial Administration if you have questions.