(A)
Purpose
This rule provides faculty members with
the opportunity to present and resolve grievances.
(B)
Scope
This rule affords a a limited remedy to
all faculty members of the uiversity and graduate students while functioning as
a teaching assistant, research assistant or graduate assistant (who are
collectively referred to as "graduate students" in this rule).
These procedures do not apply to tenure
decisions, appointment and promotion decisions, charges of misconduct or where
specific university rules apply.
(C)
Definitions
Words have their ordinary meaning
unless otherwise specified in the faculty bylaws or this rule.
Students and faculty should consult the
faculty and student handbooks for further information on other rules that may
be applicable.
(1)
"Grievance" is defined as:
(a)
A complaint by a
faculty member or graduate student that a specific administrative act was
arbitrary or capricious, and that such act adversely affects their existing
terms or conditions of appointment; or
(b)
A claim by a
faculty member or graduate student that a violation of applicable university
faculty bylaws, regulations, or personnel policies has occurred and that such
violation adversely affects their existing terms or conditions of
appointment.
(2)
"Grievant" refers to the person filing the
grievance.
(3)
"Respondent" refers to the person against whom the
grievance is filed.
(D)
Body of the
rule
(1)
Standards and procedures
The provost and senior vice president
for academic affairs (provost) or the provost's designee is responsible for
implementing step two of this rule.
(2)
Informal
resolution (step one)
(a)
The grievant shall attempt to informally resolve the
grievance with the respondent.
(b)
Attempts at
informal resolution do not extend the time limits as set forth for filing a
formal grievance unless a written exception is granted. Deans will determine
the length of time for informal resolution.
(3)
Formal review
(step two)
(a)
Grievance that is not resolved to the satisfaction of the
grievant through informal resolution may be presented by the grievant for
formal review.
(b)
A formal grievance must be filed simultaneously in
writing with the provost or the provost's designee, the immediate supervisor
and the respondent no later than thirty calendar days from the date the
grievant knew, or could reasonably be expected to know of the event or action
that gave rise to the grievance.
(c)
The formal
grievance must:
(i)
Identify the specific administrative act(s) to be
reviewed;
(ii)
Specify how the grievant was adversely
affected;
(iii)
Specify in what regard, if any, the administrative
act(s) was/were arbitrary, capricious, or in violation of applicable bylaws or
policies;
(iv)
Specify the remedy requested.
(d)
The
respondent will prepare a written response to be submitted to the provost or
the provost's designee and his/her immediate supervisor within fifteen business
days of the date of the filing of the formal grievance.
(e)
The provost will
appoint a three-member faculty grievance committee, composed of associate or
full professors, to review the matter and make a recommendation to the provost
within fifteen days.
(f)
The provost or the provost's designee will render a
finding in the matter to the grievant and respondent within fifteen
days.
(4)
Withdrawal
At any time prior to the resolution of
the grievance, the grievant may withdraw the grievance without
prejudice.
(5)
Remedy
If the grievance is sustained in whole
or in part, the remedy shall not exceed restoring to the grievant the pay,
benefits, rights, repairing reputational harm, or other terms and conditions of
appointment lost as a result of the violation of university bylaws and policies
or as a result of an arbitrary, capricious, or administrative
action.
(6)
Records
After resolution, records of the
grievance will be maintained in the office of the general counsel in accordance
with the record retention rules of the university.
Notes
Ohio Admin. Code
3349-3-78
Effective:
5/13/2024
Promulgated Under:
111.15
Statutory
Authority: 111.15
Rule
Amplifies: 3350.12
