An Interim Faculty Grievance Procedure was approved by the Academic Council, May 9, 1972 and by the Board of Trustees, May 19, 1972. A revised Faculty Grievance Procedure was approved by the Academic Council on March 5, 1991 and by the Board of Trustees on April 5, 1991 and revised on June 28, 2002.

1. Definitions and Exclusions
 

1.1 Any Michigan State University faculty member with the rank of professor, associate professor, assistant professor, lecturer, instructor, assistant instructor, research associate, specialist, or librarian may initiate a grievance procedure alleging violation of existing policies or established practices by an administrator, by filing a complaint with the FGO pursuant to the procedures set forth in this document.

1.2 The Faculty Grievance Procedure (FGP) shall not preempt or replace the functioning of the Anti-Discrimination Judicial Board (ADJB) with this exception: a grievant facing disciplinary action short of dismissal, where the grievant asserts that the Anti-Discrimination Policy has been violated, may invoke only the FGP. In such case, a faculty member from the ADJB shall serve on the initial hearing panel.

 
1.2.1 The FGP shall not preempt or replace the functioning of the University Committee on Faculty Tenure (UCFT) other than to provide procedures for the appeal of administrative decisions not to reappoint non-tenured faculty in the tenure system.

1.3 The provisions of this document do not prohibit administrative review of any grievance prior to or during the pendency of a grievance. Any grievance under administrative review shall be held in abeyance until the review is completed or terminated at the request of grievant.

1.4 A grievant must promptly notify the FGO if an external procedure is initiated by him/her concurrently with a grievance. As a general rule, except in those instances in which the law or legal rulings prohibit the University from truncating internal proceedings, a grievant may not concurrently pursue a claim under the Faculty Grievance Procedure while pursuing the same matter before a court or other external body. Requests for exemptions from this prohibition must be submitted in writing, with a supporting rationale, to the FGO, who shall decide such matters on their merit. Appeals from the FGO's decision shall be adjudicated according to the procedures established in Articles 3.1.6, 3.1.7, and 3.1.8.

 
1.4.1 In the absence of an exemption from the prohibition in Article 1.4, a grievance filed under the FGP shall be held in abeyance by the FGO pending the termination of the external proceedings.


 1.5 The President, the General Counsel and members of his/her staff, and the FGO cannot be named as respondents to a grievance under the FGP.

 1.6 Actions of the University Committee on Research in Human Subjects (UCRIHS) and its Chairperson, and those of other Institutional Review Boards (IRBs) and their Chairpersons, cannot be grieved under the FGP.  However, disciplinary action imposed by an administrator on the basis of UCRIHS or another IRB action is grievable under the FGP.

 1.7 Decisions and actions taken under the Procedures Concerning Allegations of Misconduct in Research and Creative Activities cannot be grieved under the FGP.  Only disciplinary action imposed by any administrator on the basis of a decision under the Misconduct Procedures is grievable under the FGP.
 

2. Grievance Structure
 

2.1 The University Committee on Faculty Affairs (UCFA)
 

2.1.1 The UCFA shall serve as a University grievance advisory committee.

2.1.2 The UCFA shall recommend to the President, pursuant to procedures set forth in the Appendix to this document, one person who shall be appointed as the Faculty Grievance Official (FGO) upon approval of the Board of Trustees.

2.1.3 The UCFA shall periodically review the performance of the FGO according to the procedures set forth in the Appendix to this document.
 

2.2 The Faculty Grievance Official (FGO)¹
 

2.2.1 The FGO shall receive and make every reasonable effort to resolve grievances and assure that all hearings are conducted in accordance with the procedures prescribed in this document.

2.2.2 The FGO shall administer the grievance procedures as set forth in this document and shall advise the parties about appropriate procedures to follow.

2.2.3 The FGO shall have broad investigative authority and shall have ready access to all administrative officials and faculty and to all relevant information and records except those required to be kept confidential by statute and/or judicial decision. Information and records available to the FGO shall be made available to a grievant, in a form that protects the privacy and confidentiality of third parties if, in the FGO's judgment, the grievant has need of them for resolution of the grievance.

2.2.4 The FGO shall respect the confidentiality of information and records and the privacy of all parties whose interests are affected by a grievance.

2.2.5 The FGO shall exercise only those powers delegated to him/her.

2.2.6 The FGO shall not serve as advocate for any party on any grievance and may participate in a grievance proceeding only in his/her official capacity.

2.2.7 The FGO shall provide, upon request, assistance in the promulgation of procedural guidelines by departments, units and colleges.

2.2.8 The FGO may recommend to the UCFA changes in existing faculty grievance procedures.

2.2.9 The FGO shall report once a term to the UCFA and once each year to the Academic Council, and shall sit as an ex officio member of the Academic Council.

2.2.10 The FGO shall forward to the Chairperson of the UCFA, for distribution to the members of the committee, a copy of any decision of the President which overrules, in whole or in part, the findings and recommendations of an appeals hearing panel. The UCFA shall maintain the confidentiality of such documents.

2.2.11 The FGO shall maintain records of all grievances, formal proceedings, findings and recommendations, and decisions.
 

3. Initiation of Grievances and Hearing Procedures
 

3.1 Initiation of Grievances
 

3.1.1 A grievance may be initiated and processed at the department/unit, college or University level according to the procedures set forth in this document.

3.1.2 A faculty member who feels aggrieved may without delay discuss the matter in a personal conference with the FGO. The FGO shall determine if the grievance falls under the jurisdiction of the Faculty Grievance Procedure, the UCFT or the ADJB.

3.1.3 In order to establish and retain access to the formal hearing mechanisms at any level (department/unit, college, or University), a faculty member must submit a written grievance statement to the FGO within 30 days of his/her first knowledge of the alleged violation.²

3.1.4 The grievance statement shall set forth the alleged violation of existing policy or established practices, a concise statement of the facts relevant to the grievance, the name of any administrator(s) whose action is at issue, the approximate date on which the alleged action took place, and the redress sought.

3.1.5 Within 10 days of receipt of the grievance, the FGO shall forward a copy to the respondent(s) named, and inform the parties in writing of decisions that he/she has made with respect to all of the following:
 

3.1.5.1 Whether the grievant has standing under the Faculty Grievance Procedure.

3.1.5.2 Whether the grievance has been filed in a timely fashion.

3.1.5.3 Whether the grievance identifies the appropriate respondent(s).

3.1.5.4 Whether the grievance adequately identifies the existing policies and/or established practices alleged to have been violated, misapplied, or misinterpreted.

3.1.5.5 Whether the grievance contains a reasonably adequate statement of the facts relevant to the complaint.

3.1.5.6 Whether the redress being sought conforms to existing policy and procedures in the appropriate unit of the University.

3.1.5.7 Whether any other jurisdictional or procedural issue(s) need to be decided as part of the initiation of a grievance, and if so, an explanation regarding the matter(s) so decided.
 

3.1.6 All parties shall have the right to appeal the FGO's decisions on any matter under 1.4 and 3.1.5 by filing a written statement accompanied by supporting rationale with the FGO within 10 days of the issuance of such decisions.

3.1.7 In the event of an appeal, the FGO shall submit the statement of his/her decisions, together with any appeals from the parties, to a three-person standing panel drawn by UCFA from the membership of the University Appeals Board. The standing panel, whose members shall serve two-year terms on a staggered basis, shall deliberate and submit to the FGO written decisions on the issue(s) under appeal within 10 days of its convening by the FGO. Membership on this panel will recuse its members from any additional service as members of the University Appeals Board.

3.1.8 The FGO shall forward a copy of the decisions to the parties within 7 days of their receipt from the standing panel.

3.1.9 A grievant may amend a grievance until five (5) days before a scheduled formal hearing, so long as the proposed amendment concerns the same subject matter as the grievance and is shown to be based on information that became known to the grievant within 30 days before the submission of the proposed amendment. The acceptability of the proposed amendment, including any procedural and/or jurisdictional issues generated by the proposed amendment shall be decided by the hearing panel at the beginning of the hearing.
 

3.2 Informal Resolution

3.2.1 The FGO shall investigate the grievance and make every reasonable effort to resolve it informally. The FGO may recommend dropping the grievance as lacking in merit or for other just cause. Such a recommendation, however, shall not be binding on the grievant.

3.2.2 Within 40 days of the filing of the grievance statement, the parties and the FGO shall attempt to resolve the grievance informally. If the FGO determines that the grievance cannot be resolved, notice shall be provided to the parties. If the faculty member wishes to pursue the grievance, a written request for a formal hearing must be submitted to the FGO within 30 days of such notice. Failure to submit such a request will constitute a waiver of the faculty member's right to pursue the grievance.

3.2.3 The FGO shall determine after consultation with both parties the appropriate hearing level (i.e. department/unit, college, or University) and shall notify the administrator at the appropriate level of the written request for hearing.
 

3.3 Formal Hearing Procedures: Department, College or other Academic Unit
 

3.3.1 Each department, college, or other academic unit, subject to the approval of the UCFA, shall establish a grievance procedure that assures fair treatment for individuals and that accords with the guidelines contained in this Article and Article 6. A model procedure is available from the FGO.

3.3.2 Upon receipt of notice from the FGO that a hearing has been requested, a formal hearing shall be conducted in accordance with prescribed unit policies within 14 days of establishment of the hearing panel. The FGO shall be involved in the establishment of all hearing panels and shall be present at all hearings to ensure compliance with the procedures set forth in this document.

3.3.3 Whenever a hearing panel loses thirty percent or more of its members, the hearing shall be terminated and a new panel selected.

3.3.4 Hearing panels shall forward their findings and recommendations in writing within 14 days of the completion of the hearing to the FGO, who shall forward them to the grievant, respondent, and the administrator who is the respondent's immediate supervisor.

3.3.5 The administrator at the appropriate level shall provide written notification of his/her decision to the grievant, the respondent, respondent's immediate supervisor, and the FGO within 14 days of receipt of the hearing panel's findings and recommendations. Failure to provide written notification shall result in automatic appeal.
 

4.1 University Hearing Board and Hearing Panels
 

4.1.1 A University Hearing Board shall be established from which hearing panels shall be selected.

4.1.2 Each college shall select four (4) tenured faculty members and one (1) non-tenured tenure system faculty member to serve as members of the University Hearing Board. Each college with 75 but no more than 199 tenure system faculty members additionally shall select four (4) tenured faculty members and one (1) non-tenured tenure system faculty member. Each college with 200 or more tenure system faculty members additionally shall select six (6) tenured faculty members and three non-tenured tenure system faculty members. The non-college faculty shall select six University Hearing Board members from the tenured faculty and librarians with continuous appointment status. Tenured faculty and librarians shall serve three-year terms and non-tenured faculty shall serve two-year terms. Service shall be limited to two consecutive terms. Annually the Secretary for Academic Governance, in consultation with the colleges and non-college faculty, shall encourage the selection of a diverse group of faculty for service on the University Hearing Board and shall ensure the selection of the appropriate number of University Hearing Board members.

4.1.3 A University hearing panel shall consist of 5 members of the Hearing Board who are selected by the FGO by lot. A Hearing Board member shall serve on no more than one University hearing panel per year.

4.1.4 Each hearing panel shall have a presiding officer selected by the FGO from a list established by the UCFA. The presiding officer shall not be a voting member and shall apply the rules of procedure consistent with the guidelines stated in Article 4.2 and Article 6.

4.1.5 The FGO shall notify each party of the names of the five members of the hearing panel and within 10 days either party may challenge any member for cause. In addition, each party shall have two peremptory challenges. Cause shall be determined by the Presiding Officer. Challenged members of the panel shall be replaced pursuant to the procedures stated in 4.1.3.

4.1.6 If a hearing panel loses two or more of its members during the course of a hearing, the hearing shall be terminated, and a new panel selected.
 

4.2 University Hearing Panel Procedures
 

4.2.1 The FGO shall convene the hearing panel and shall be present during all formal proceedings.

4.2.2 The hearing shall begin within 14 days of the establishment of the panel and shall be conducted expeditiously in accordance with the procedures of this Article and Article 6.

4.2.3 When a University hearing panel sustains the allegation(s) made in a grievance, it shall recommend appropriate redress consistent with existing policies, procedures, or practices in the appropriate unit of the University. Its findings and recommendations shall be presented to the FGO within 14 days of the completion of the hearing.

4.2.4 Upon receipt of the panel's findings and recommendations, the FGO shall forward them to the Provost and the parties.

4.2.5 The Provost shall provide written notification of his/her decision to the parties and to the FGO within 14 days of receipt of the hearing panel's findings and recommendations. Failure to provide written notification shall result in automatic appeal to the University appeals panel.

¹See Appendix for appointment, reappointment and evaluation of the Faculty Grievance Official.

²For good cause shown, any time limits specified in this document may be waived or extended by the FGO or upon mutual agreement of the parties. References to days in this document are to calendar days. 

Administrative Review
 

Academic Personnel Policies Index
 

Faculty Handbook Table of Contents

URL: http://www.msu.edu/unit/facrecds/FacHand/facultygrievance1.html