UNIVERSITY OF PITTSBURGH PROCEDURE 02-03-01A

CATEGORY:                ACADEMIC AFFAIRS
SECTION:                    Academic Integrity
SUBJECT:                   Faculty Grievances/Alternative Procedure
EFFECTIVE DATE:   August 2, 2004
PAGE(S):                     3

I.    PURPOSE

      To define an alternative process by which faculty members can seek redress for a

      grievance against certain actions by an administrator not covered by other

      University policies.

II.   SCOPE

      This procedure applies to all eligible members of the faculty as defined in section IV,

      below.  Research associates, whom the University excludes from faculty status, are

      not eligible to use this procedure.

III.  ADMINISTRATIVE RESPONSIBILITIES

      The chairperson, dean or campus president will attempt to resolve an appeal or

      dispute within the department, school, or campus, before the grievance process is

      initiated.

      The Provost, if the election by the faculty member to file under this alternative

      process is accepted, in consultation with the President of the Senate and, in cases

      arising from the School of Health Sciences, the Senior Vice Chancellor for the

      Health Sciences, will select a Hearing Officer to investigate and make

      recommendations for resolution.

      Upon receipt of the notification of the appointment of the Hearing Officer, the faculty

      member shall have five (5) days to decline to utilize this alternative process and

      elect to proceed under Policy and Procedure 02-03-01.

      The Hearing Officer shall be a person selected by the Provost who will, upon

      completion of the investigation, report conclusions and recommendations to the

      Provost.

      The action taken by the Provost on the matter completes the process and will be

      final.

IV. DEFINITIONS

      Faculty eligible to use this Faculty Grievance Procedure include: all full-time or part-

      time faculty and librarians with faculty status.

      Grievance is defined as an action or decision that has adversely affected a member

      of the faculty in his professional capacity, that has occurred or been reached unfairly,

      improperly, or in violation of University policy.

V.  PROCEDURE

      Time for filing

      In the normal case, the grievance procedure should be invoked no later than 90 days

      after the incident, or after the most recent incident in a pattern of incidents.  A person

      shall make a good faith effort to resolve the problem at the department, school or

      campus level with the Chairperson, Dean or Campus President as the case may be,

      prior to invoking the Formal Grievance Process set forth in this procedure.  A person

      who has made a good faith effort to solve a problem at the department, school or

      campus level, however, should not be cut off from this grievance procedure if the

      attempts stretch beyond 90 days.

      Formal Grievance Process

      Faculty Member                         1.   File a written complaint with the Provost.

                                                                 a.   The written statement will be the complaint

                                                                       that will initiate the formal grievance

                                                                       procedure.

      Provost                                        2.   Within fourteen (14) days of receipt of the

                                                                  complaint, determine whether to accept the

                                                                  faculty memberís election to proceed and notify

                                                                  the faculty member in writing of the acceptance

                                                                  or declination.  If the election is accepted, the

                                                                  Provost shall consult with the President of the

                                                                  Senate and, in cases arising from the Schools of

                                                                  the Health Sciences, the Senior Vice Chancellor

                                                                  for the Health Sciences prior to appointing a

                                                                  Hearing Officer.  However, the Hearing Officer

                                                                  shall be selected at the sole discretion of the

                                                                  Provost.

      Faculty Member                          3.   Upon receipt of the notification from the Provost

                                                                  of the appointment of the Hearing Officer, the

                                                                  faculty member shall have five (5) days within

                                                                  which to notify the Provost if he/she declines to

                                                                  proceed with this alternative process.  In the

                                                                  event the faculty member declines to proceed

                                                                  with this alternative process, he/she shall have

                                                                  the right in the notification to the Provost to

                                                                  request the grievance be processed under

                                                                  Policy and Procedure 02-03-01.

      Hearing Officer                            4.   Follow the same Panel Procedures as are

                                                                   followed by Appeals Panels in cases involving

                                                                   denial of tenure of promotion, as set forth in

                                                                   Policy and Procedure 02-02-10, Section IV.B.4.b.,

                                                                   Faculty Reviews and Appeals.

                                                                   a.   The Hearing Officer shall maintain

                                                                         confidentiality to the extent practicable.

                                                                   b.   The Hearing Officer shall conduct and

                                                                          conclude the investigation and make a

                                                                          report and recommendations to the Provost

                                                                          within forty-five (45) days of the receipt of

                                                                          the grievance from the Provost.

      Provost                                          5.   The Provost shall consider the report and

                                                                    recommendations of the Hearing Officer within

                                                                    fourteen (14) days of the receipt of the same

                                                                    and shall notify the aggrieved faculty member,

                                                                    the person against whom the grievance was

                                                                    brought, and the chairperson, dean or campus

                                                                    president involved in attempting to resolve the

                                                                    matter, in writing as to whether the report and

                                                                    recommendations are accepted or rejected.

                                                                    a.   The action taken by the Provost on the matter

                                                                          completes the process and shall be final.

VI. REFERENCES

      Policy 02-03-01A, Faculty Grievances/Alternative Policy

      Policy 02-02-10, Faculty Reviews and Appeals

      Procedure 02-02-10, Faculty Reviews and Appeals