Graduate Teaching Assistant Grievance Resolution Committee (GTA GRC) Hearing Procedures

The Memorandum of Agreement (MOA) between the University of Kansas and the Graduate Teaching Assistant Coalition, American Federation of Teachers, Kansas (GTAC AFT-Ks) establishes a formal Grievance Resolution Procedure.  Article 15 of the MOA provides the overall grievance procedure, which culminates in submission of a formal written grievance to the Grievance Resolution Committee, if necessary. In other articles, the MOA provisions establish the GTA GRC composition and Chair. Article 15, Section 6d defines this culminating step as a Stage 4 grievance, for which “The hearing procedures, deadlines, and extension process for hearing proceedings shall be established by the University in collaboration with GTAC.”  These established hearing procedures are as follows:

Grievance Submission:

If the grievant does not determine informal and formal grievance steps 1 through 3 (outlined in the MOA) to be successful, the grieving party may file a grievance with the University Governance Office (Governance) and request a hearing before the GTA GRC. The grievance must be filed within five (5) days of the completion of Step 3 or as otherwise specified in the MOA, and, when filing, the grievant must provide Governance with:

• the name of any chosen representative(s);
• copies of all materials from steps 1 through 3 of the grievance;
• a written description of the issue with supporting facts;
• a summary of meetings to date;
• a list of University employees and individuals to be called as witnesses/experts, along with a brief written summary of the anticipated testimony of each witness, showing the testimony relevancy;
• evidence to be considered; and
• issues remaining in dispute after Step 3 and the resolution sought.

Upon receipt of a grievance, Governance will notify the respondent and provide a copy of the grievance materials within three (3) days.

The respondent must provide the following materials to Governance within five (5) days of receiving the grievance materials:

• the name of any chosen representative(s);
• a statement concurring with the materials submitted by the grievant from steps 1 through 3 of the grievance or copies of any materials omitted by the grievant or disputed by the respondent;
• a statement concurring with the grievant’s summary of meetings to date or a statement disputing or providing any additional information about those meetings deemed necessary to resolution of the grievance;
• a list of University employees and individuals to be called as witnesses/experts, along with a brief written summary of the anticipated testimony of each witness, showing the testimony relevancy;
• evidence to be considered; and
• issues remaining in dispute after Step 3 and the resolution sought.

Governance will distribute the respondent’s materials to the grievant within three (3) days. Governance compiles, reproduces, and distributes the necessary copies of all documents submitted for the hearing participants.

Hearing Scheduling and Continuances:

Within five (5) days of receiving the respondent’s materials:

• Governance will select a Chair;
• the Chair will select the GTA GRC members from the standing pool of reviewers for the hearing; and
• Governance will notify the grievance parties of those selected.

Parties involved in the hearing will have the opportunity to indicate whether a GTA GRC member should be precluded from a particular hearing based on concerns about impartiality. The objecting party will have three (3) days from notice of GTA GRC appointment to notify Governance of those concerns. The GTA GRC Chair will determine whether an alternate should be appointed.

Within 5 (five) days of the appointment of the final committee, Governance will notify the parties of the scheduled hearing date. Governance will make every reasonable effort to schedule a hearing during regular working hours and at a convenient time for all involved parties. The date of the hearing will allow reasonable time for the GTA GRC to review all materials.

Parties may submit a written request to Governance by email or in person for a continuance (govern@ku.edu). Governance must receive the request no later than five (5) days before the scheduled date of the hearing. The written request must provide alternate dates on which the requesting party is available for the hearing and document that the opposing party has been notified of the request. Governance will consult with the GTA GRC Chair to make the final determination regarding the request and notify all parties of the decision and of any alteration in the scheduled hearing date.

Witness Notification and Participation:

Governance will notify in writing the University witnesses, their supervisors of record, and department heads that:

• the University supports every effort to accommodate the availability of witnesses for a hearing before the GTA GRC;
• witnesses have a choice to participate in the hearing;
• participation is paid “work time;”
• witnesses must request release from duties from their departments for the time of the hearing in advance and in accordance with normal unit notice procedures;
• witnesses must not be subjected to any form of intimidation, retaliation, or adverse actions by any party for their decision to participate or to not participate in the hearing;
• attempts at intimidation, retaliation, or adverse actions should be reported to Human Resource Management and to Graduate Teaching Assistant Coalition (GTAC) if the MOA provisions are violated;
• any complaint alleging intimidation, retaliation, or adverse action will be investigated by the appropriate office and/or GTAC; and
• the University will take appropriate counseling or disciplinary action if the University determines that intimidation, retaliation, or adverse action has occurred.

Possible Dismissal of Grievance:

Before the hearing and after a review of the grievance materials, the GTA GRC may recommend to the Vice Provost of Graduate Studies that the complaint be dismissed without further proceedings if any of the following grounds exist:

• the grievance or another grievance involving substantially the same underlying occurrence or events has already been, or is being, adjudicated by proper University procedures;
• the grievance should be heard by another body;
• the grievance was not filed in a timely fashion; and/or
• the University lacks jurisdiction over the subject matter or any of the parties.

Before the dismissal recommendation is made to the Vice Provost of Graduate Studies, the parties will be provided the opportunity to respond in writing to the GTA GRC dismissal recommendation by the date specified in the notice letter.

Role of the Chair:

The Chair of the GTA GRC has authority to conduct the hearing and such authority will include, but not be limited to:

• keeping order in the hearing, including calling a recess or rescheduling the hearing;
• setting reasonable time limits for the presentation and cross examination of witnesses;
• determining testimony relevance; and
• determining admissibility of any documents. The Chair may deny admission of any documents.

If a party presents documents for consideration after the stated deadlines for submission, the Chair determines whether the opposing party would be prejudiced by the admission of such documents without being given additional time.

Conducting the Hearing:

The hearing will not be governed by the rules of evidence. An attorney from the Office of the General Counsel will serve as an advisor to the GTA GRC during the hearing and deliberations. The hearing is not considered open to the public, and no parties will be allowed in the hearing who are not directly involved in the hearing as either parties, witnesses, or representatives. Witnesses will be sequestered during the hearing. Before testifying, parties and witnesses must affirm they will tell the truth; knowingly providing false testimony is a form of professional misconduct that is subject to sanction.

The grievant has the burden of proof to establish by a preponderance of evidence that the respondent did not act in accordance with Kansas Board of Regents or University policies or rules, University work practices, or the MOA.

Each party may have equal time to present an opening statement at the beginning of the hearing before calling witnesses for testimony. The grievant's case will be presented first, followed by the respondent’s case. The parties (or representatives) and the members of the GTA GRC may ask questions of the parties’ witnesses after testimony is given. Each party may each have equal time to present a closing statement.  The grievant's closing statement will be presented first, followed by the respondent’s closing statement.

GTA GRC Deliberations and Recommendations:

At the close of the hearing phase, the GTA GRC will adjourn into a closed session to deliberate and determine its findings by a plurality vote. The GTA GRC will make findings and recommendations based on the record, which includes information the parties presented at the hearing and in their grievance submissions. The GTA GRC will support its findings and recommendations with statements of fact and conclusions based on the application of Federal or State law, Kansas Board of Regents or University policies or rules, University work practices, or the MOA.

The GTA GRC shall prepare a statement of its findings of fact and recommendations no more than ten (10) days after the date of the hearing and submit the findings and recommendations by email to the Vice Provost of Graduate Studies and the parties. The Chair may extend the time limit for good cause.

Vice Provost of Graduate Studies Decision:

The Vice Provost of Graduate Studies will review the recommendations and provide a written decision to both parties within 10 (ten) days. The Vice Provost may take into account any relevant evidence in the record. The Vice Provost will ordinarily follow the GTA GRC’s recommendation. However, if the Vice Provost does not follow the recommendations of the GTA GRC, the Vice Provost will include the reasons for the departure in the written decision.

The Vice Provost of Graduate Studies’ decision is a final agency action and any judicial review of the decision is pursuant to the Kansas Judicial Review Act (K.S.A. 77-601 et seq.).

Hearing Transcripts:

All hearing meetings of the GTA GRC will be recorded by means of audio, except the GTA GRC deliberations. All recordings constitute part of the record of the hearing and Governance will maintain them. Access to the audio will be limited to the parties, the authorized representatives, and the members of the GTA GRC. Transcripts may be made of the contents of an audiotape at the sole expense of the requesting party or by other agreement of the parties.