School of Business Faculty Grievance Procedure

Pursuant to Article XIV of the University Senate Code and Articles V and VI of the University Senate Rules and Regulations of the University of Kansas, the School of Business establishes the following procedure to hear grievances of faculty arising within the School, including grievances against other faculty, school administration or staff. Student grievances are addressed in a separate policy. This procedure shall be the sole procedure available to school faculty. This procedure shall not be used to hear disputes assigned to other hearing bodies under USRR Article VI, Section 4. Examples of exclusions are disputes related to promotion and tenure, compensation, sexual harassment, discrimination, and disciplinary actions.

Except as provided in USRR 6.5.4, no person shall be disciplined for using the grievance procedure or assisting another in using the grievance procedure.

The School shall provide a copy of this procedure to anyone who requests it.

1. To start the grievance process, the complainant must submit a written grievance to the Dean’s Office. The complaint shall contain a statement of the facts underlying the complaint and specify the provision(s) of the University Senate Code, the University Senate Rules and Regulations, or other applicable rule, policy, regulation, or law allegedly violated. The complaint shall also indicate the witnesses or other evidence relied on by the complaining party, a description of the relief or resolution the complaining party seeks, and copies of any documents relevant to the complaint shall be attached to the complaint.
2. At the time the complaint is submitted to the Office, the complaining party shall provide a copy of the complaint, with accompanying documents, to the respondent(s).
3. Upon receipt of the complaint, the Dean’s Office shall contact the respondent to verify that the respondent has received a copy of the complaint and to provide the respondent with a copy of these procedures.
4. Pursuant to University Senate Code Article XII.2, a respondent has the privilege of remaining silent and refusing to give evidence in response to a complaint. The respondent also has the right to respond and give evidence in response to the complaint.
5. The respondent may submit a written response to the Dean’s Office within 14 calendar days of receiving the complaint. The response shall contain the respondent’s statement of the facts underlying the dispute as well as any other defenses to the allegations in the complaint. The response shall also identify the witnesses or other evidence relied on by the respondent and shall include copies of any documents relevant to the response. The respondent shall provide a complete copy of the response to the complaining party.
6. Upon receipt of the response, the Dean’s Office shall contact the complaining party to verify that a copy of the response has been provided.
7. Upon receiving the complaint and response, or if the respondent does not respond within the 14 calendar-day time period, the Dean shall appoint a grievance committee selected with the assistance of the Faculty Advisory Committee (FAC) to consider the complaint. The committee members shall be three disinterested parties who have not had previous involvement in the specific situation forming the basis of the complaint.
8. Pursuant to USRR 6.8.4.28, the chair of the grievance committee may contact other hearing bodies within the University to determine whether a grievance or complaint involving the underlying occurrence or events is currently pending before or has been decided by any other hearing body.
9. Time limits: To use this procedure, the complainant must file the written complaint with the Dean’s Office within six months from the action or event that forms the basis of the complaint. The six-month time period shall be calculated using calendar days (including weekends and days during which classes are not in session).
10. Upon receiving the complaint, if a majority of the members of the grievance committee determines that any of the following grounds exist, the chair may recommend to the Dean that the complaint be dismissed without further proceedings. The grounds for such dismissal are: (a) the grievance or another grievance involving substantially the same underlying occurrence or events has already been, or is being, adjudicated by proper University procedures; (b) the grievance has not been filed in a timely fashion; (c) the Dean lacks jurisdiction over the subject matter or any of the parties (d) the grievance fails to allege a violation of a University rule; (e) the party filing the grievance lacks standing because the party has not suffered a distinct injury as a result of the challenged conduct and has not been empowered to bring the complaint on behalf of the University; or (f) the party filing the grievance has been denied the right to file grievances pursuant to USRR 6.5.4.
11. If a majority of the members of the grievance committee determines that the grievance should be heard by another body, the chair will recommend that the Dean send the grievance to the appropriate hearing body without further proceedings in school. The Dean will send a copy of the referral to the complainant(s) and any responding parties.
12. Prior to scheduling a hearing, the parties shall participate in mediation of the dispute unless either party waives mediation. Mediation shall be governed by USRR 6.2.3.
13. If mediation is successful, the mediator will forward to the Dean, the grievance committee chair, and all parties a letter describing the outcome of the mediation and the terms upon which the parties have agreed to resolve the dispute. This letter shall be a recommendation to the Dean who will notify the mediator, the committee chair, and the parties that the recommendation has been accepted, modified, or rejected.
14. If mediation is not successful, the mediator will notify the Dean, the grievance committee chair, and the parties that mediation has terminated. If mediation is not successful, or if it is waived by either party, the grievance committee will schedule a hearing no later than 30 calendar days from the written submission of the complaint. The 30 calendar-day period may be extended for good cause as determined by the chair of the committee. The 30 calendar-day period shall be suspended during the mediation process. The hearing will be closed unless all parties agree that it shall be public.
15. The parties may represent themselves or be represented by an advisor of his or her choice.
16. Each party has the right to introduce all relevant testimony and documents if the documents have been provided with the complaint or response.
17. Each party shall be entitled to question the other party’s witnesses. The committee may question all witnesses.
18. Witnesses other than parties shall leave the hearing room when they are not testifying.
19. The chair of the committee shall have the right to place reasonable time limits on each party’s presentation.
20. The chair of the committee shall have the authority and responsibility to keep order, rule on questions of evidence and relevance with the acquiescence of a majority of the committee, and shall possess other reasonable powers necessary for a fair and orderly hearing.
21. The hearing shall not be governed by the rules of evidence, but the chair of the committee may exclude information deemed irrelevant, unnecessary, or duplicative. Statements or admissions made as part of the mediation process are not admissible.
22. The committee will make an audio recording of the hearing but not of the deliberations of the committee. The recording will be available to the parties, their authorized representatives, the committee, and the Dean. If a party desires a copy or transcript of the recording, that party will pay for the cost of such copy or transcript. In the event of an appeal, the recording will be provided to the appellate body as part of the record of the case.
23. After the presentation of evidence and arguments, the committee will excuse the parties and deliberate. The committee’s decision will be a written recommendation to the Dean. The committee shall base its recommendations solely upon the information presented at the hearing.
24. The committee will send its written recommendation to the Dean and the parties as soon as possible and no later than 14 calendar days after the end of the hearing.
25. Within 14 calendar days of receiving the committee recommendation, the Dean will notify the parties of the acceptance, modification, or rejection of the recommendation, and will advise the parties of the procedure available to appeal the decision.