Texis Tech University
The Faculty Senate
January 7, 1983
TO: MEMBERS OF THE FACULTY SENATE
FROM: Virginia M. Sowell, President
SUBJECT: Agenda for meeting #47, January 12, 1983
The Faculty Senate will meet on Wednesday, January 12, 1983, at 3:30 p.m.
in the Senate Room of the UniverSity Center. The agenda is as follows:
I.
Introduction of new parliamehtarian, Vernon McGuire, and other guests
II.
Approval of minites of DeceMber 8, 1982 meeting
III.
IV.
V.
Discussion of legislative budget matters and summer school financing Vice President for Academic Affairs John R. Darling
Report on faculty parking - Representative from the Office of Finance and
Administration
Report of Faculty Benefits and Retirement Committee on TIAA-CREF Pensron
Benefits - Eon Cockings, M.D., Chairman and Wendell Tucker, Direttor,
Personnel
VI.
VII.
Report of Facu1-4 Status and Welfare Committee on proposed grievance
procedures - Charles Bubany
Report of meet ng of varils study committee chairmen with Presideni Cavazos
and Vice President Dar ing on January 12 at 2:00 p.m.
VIII.
Report of thE Committee on Committees - Reed Richardson
IX.
New Business
X.
Other Business and Announce ents
1.
Wrote letter, as instru ted by the Senate, to Vice President for Finance
and Administration, Eug ne E. Payne, concerning faculty parking after 5 p.m.
2.
Forwarded ilformation entitled "Competition for TIAA-CREF PensiOn: Some
Colleges Offering Mutua1 Funds" to the Benefits and Retirement Committee.
3.
Wrote letters of appreciation concerning his service as Senate Parliamentarian
to Ernest S.Allivan and to English Department Chairman Daryl E. Jones
1 _Lt.-L-1.
- 70,4110 / IOALI 7A1_1g4g
Page 2.
Agenda for meeting F47
January 12, 1983
4.
Wrote letter inwiting Verno McGuire to serve as Senate Parliamentar an.
5.
Agenda Committee sent names of George Tereshkovich and Dan Benson to
Academic Vice President's o fice as Senate nominees to serve on the
Hearing Panel.
the
pecial
XI. Summary of Academic Council minutes
1.
Announcement wa made that
the purchase of a larger co
system as well Ls as increa
for involvement of academic
academic comput . ng was emph
2.
Requests were m4de that dea
group when poss.ble.
3.
Timing of performance revie s for promotion, tenure, and merit raise
discussed and w . 11 be furth r discussed at their February meeting.
4.
A summary of external funds being generated within the University wa distributed
by Dr. J. Knox %ones. Darling indicated that the level of activity n generating
external funds would be a f ctor in salary distribution to colleges. (A copy of
this summary is available i the Senate office.).
5.
Information on !tate salary levels received from the Coordinating Bo
distributed. (A copy is available in the Senate office.).
6.
Mini-computer Cass enrollm nts during the intersession were so popu ar that a
third section ms offered.
he Board of Regents would be asked to ap rove
puter to accommodate the new student inf rmation
ed administrative and academic computing
The need
deans in deciding on levels and sources f funds for
sized.
candidates meet with the Academic Counc 1 as a
were
rd was
Teas Tech University
School of Law
DATE:
Decembe/ 8, 1982
TO:
Faculty Senate
FROM:
Professcr Charles Bu any, Chairman
Faculty Status and -lfare Committee
SUBJECT:
Committee Report (De ember 8, 1982)
As reported Et the Novemb 3 10, 1982 meeting the committee has be
reviewing the proposed Texas T ch University Faculty Grievance Procedu
consultation with Dr. John Dar ing, Vice President for Academic Affair
November 18 meetirg, the committee gave its approval, conditioned on c
modifications beirg made. Tho e modifications have been incorporated
revised draft, a copy of which has been forwarded by Dr. Darling to th
of the Senate witl the request that the Senate review and consider the
an advisory role to the Office of Academic Affairs. I am advised by t
that the proposed procedure wi 1 be placed on the agenda for discussio
next meeting of tte Senate on anuary 12, 1983. Copies of the proposed
will be provided to you before that meeting.
a
_s in
. At its
rtain
ato a
President
it-aft in
a President
at the
?rocedure
As noted in the NOvember issue of Insight, the proposed procedure ?rovides
for a step-by-step grievance p ocedure, with a specific timetable for
ach step.
In general, there are four basic steps: first,a required attempt to r aolve the
grievance informally; second, iiling of a formal grievance with the ad Lnistrator,
who may use an advisory commit ee to hear the grievance; third, appeal hrough
regular administrative channel up to and including the Vice Presiden
for
Academic Affairs; and finally, appeal to the President in which case t a grievance
will be heard by a Grievance C mmittee of five representatives chosen • y lot from
the Faculty Grievance Panel, w ich is made up of two representatives f mi each
college and the School of Law.
As for as the hearing bef
attempts to make it non-advers
the grievance may peremptorily
Committee, who will be replace
whose decision is claimed to h
the committee and may call oth
question all witnesses. Other
parties, if possible, but if n
recommendations of the committ
decision is different from the
the grievant of the reason.
re the Grievance Committee is concerned,
ry and investigative in nature. Both pa
challenge up to three members of the Gri
by lot. The aggrieved and the administ
ve led to the grievance each may present
3 witnesses, as may the committee, and a
details of procedure are to be agreed up
t are decided by the committee. The fin
e are submitted to the President who, if
recommendations, must inform the committ
Charles P.1'ubany
CPB/dw
Lubbock, Teas 79409 / (806) 742-3791 Faculty 742-3785
the procedure
ties to
avance
rator
evidence to
Lso may
3n by the
al
his
ae and
Te as Tech University
Office of
e Vice President for Academic Affairs
D cember 2, 1982
Dr. Virginia M. 3owell
President, Facul:y Senate
Campus
Dear Dr. Sowell:
Enclosed plaase find a evised draft of the Texas Tech Universit
Faculty Grievanca Procedures
This draft is being submitted to the
Faculty Senate far its revie and consideration. In this regard, the
Faculty Senate i3 being aske to serve in an advisory role to the
Office of Academic Affairs.
The present draft of th
revision of the arocedures p
served in an advisory role t
development of taese revised
of the following individuals
Education; Alice M. Denham,
School of Law; Ernest B. Fis
Architecture; and Harley D.
Grievance Procedures was based on a
esently in force. A special committee
the Office of Academic Affairs in the
procedures. This committee was compose
Professors J. Camille Bell, Hone Econ 'tics
ollege of Education; J. Hadley Edgar,
, Park Administration and Landscape
berhelman, Classical and Romance Langua
The Academiz Council wa
regarding the policy. In ad
Committee met several times
and subsequently approving t
being submitted to the Facul
also asked to provide recommendations
ition, the Faculty Status and Welfare
his fall carefully analyzing, reviewing,
e present draft of the procedures that •
y Senate.
at
to
of
be
If you decide to schedu e the Grievance Procedures for discussi
the Faculty Senate meetin on Wednesday, January 12, I will be ha
be available for question . I do not plan to be on campus the we
February 9, which would b the following scheduled meeting. I wo Ld
happy to discuss this mat er further with you at your convenience
Sincerely yo rs,
John R. Darli
Vice President
JRD/ls
attachment
xc: Professor Charles P. B bany
Box 4609 Lubbock, Texas 79409/(806) 742-2184
AA DRAFT 11 282
TEXAS TECH UNIVERSITY
FAC LTY GRIEVANCE PROCEDURES
Foreward
The Unive
importance of
operating poli
faculty in wor
set forth by t
in a grievance
determine the
and justly.
sity operat
nsuring the
ies are for
ing harmoni
e Board of
by an indiv
acts surrou
s under a philosophy that emphasizes the
rights of its faculty. Both personnel and
ulated in order to assist administrators and
usly toward the collective goals and objectives
egents. When a situation arises that rec'ults
dual faculty member, efforts will be made to
ding that grievance and to respond appropriately
The purpo
members and to
related in any
Tech Universit
to tenure, gro
nonreappointme
noted below.
e of these
provide a in
way to tenu
Tenure Pol
nds for te
t or termin
rocedures is to address grievances of fa ulty
chanism for resolving them. If the grie vance is
e, the faculty member should refer to th e Texas
cy. Grievances of faculty relating to a dmission
ination, termination procedure, and noti ce of
tion are not to be covered by the proced res
Whenever
the level at w
University fac
redress of gri
channels is re
when the actio
ossible, pr
ich they ar
lty shall h
vance throu
tricted to
or inactio
blems should be solved within the Univer sity at
se. However, each member of the Texas T ech
ve the right to a hearing and an appeal or
h established channels. Access to these
loyees
niversity employees or those who were e
leading to the grievance occurred.
A faculty member hold
to these proce ures with r
have access to the procedu
duties. The t 'mes noted f
followed excep under exte
both parties t • the grieva
ng an administrative position will have ccess
gard to his or her faculty duties, but _11 not
es with regard to his or her administratLve
r response in these procedures are to be
uating circumstances agreed upon in writLng by
ce.
Grievance Initiation
A. Befor any formal
discussion bet een the agg
initial decisi n in questi
seeking a sett ement. The
writing and d ed, and be
aggrieved has ecome aware
The informal II scussion wi
aggrieved wit 'n 10 workin
request for s h a discuss
administrator ithin 10 wo
informal disc sion, it sh
In case of do t as to the
the administr. or dealing
administrativ officer wit
grievance is filed, there shall be an i -2ormal
ieved and the administrative officer who made the
n, or whose action or behavior is in qu stion,
request for an informal discussion shal be in
nitiated within 15 working days after t
of the action perceived as a possible g _evance.
I be held, and a response received by t
days of receipt by the administrator o the
on. If a response is not received from :he
king days of the date of the request fo an
11 be considered a denial by the admini :rator.
individual whose decision caused the gr rvance,
irectly with the aggrieved is the appro -Aate
whom to initiate an informal discussio
2
B. If a ettlement c nnot be reached informally, the aggrieved
faculty member may then su mit a formal grievance and proceed with xhe
following sche ule.
1.
The g ievance mus be submitted in writing and provide sufficient
detai to allow a response. The grievance will contain a
state ent of the acts of the case and a precise description of
the r medy sought by the grievant.
2.
The g
withi
trato
worki
It sh
decis
3.
The a ministrator
assis ance of an
to ap oint an adv
least three membe
chall nge any ind
commi tee, with t
three As each c
ment ill be sele
commi tee.
levance mus be signed and dated by the grievant and filed
5 working ays from the date a response from the adninisis receive or in the case of no response, within 13
g days from the date an informal discussion was requested.
11 be filed with the administrator who made the
on.
ministrator
the aggrie
le, but no
rmal grieva
I be establ
4. The a
infor
possi
the f
it wi
may decide the grievance with or without the
dvisory committee. If the administrator chooses
sory committee, that committee must have at
s. The aggrieved shall have the right to
vidual selected as a member of this advisory
e total number of challenges being limited to
allenged member is excused, his or her replaceted by the administrator appointing the
shall initiate review of the grievance ad
ed of the procedure to be followed as soli' as
ater than 5 working days after the filing of
ce. If an advisory committee is to be used,
shed at this time.
administra or refers the grievance to an advisory c)m5. If t
mitt , the commi tee shall meet with the aggrieved, review the
grie nce, and re der a recommendation as promptly as is f?asible,
later than 15 working days following referral of th? matter
but
administra or. This review is intended to be an informal
by t
proc ure rather han a formal hearing of the grievance. iowever,
the .• visory comm 'ttee is to make every reasonable effort :o
the fundam ntal fairness and confidentiality of the review.
ensu
mmittee's r commendation shall be submitted in writ'lg to
The
ministrator
the
6. The
aggr
reco
the
aggr
form
the
grie
ministrator s written decision shall be provided to the
working days of the receipt of the counittee's
ved within
f the grievance is reviewed without a conmittee,
endat ion.
ministrator 's written decision shall be provided to the
eved within 15 working days of the receipt of the written
1 grievance. Failure of the administrator to respond within
ime periods oted above shall be deemed a denial of the
ance.
II II
C. The ggrieved ma withdraw a formal grievance at any stage of the
proceeding bu may not re state it once it is withdrawn. The withdrawal
3
request should be made in riting to the individual hearing the appeal at
the time of the withdrawal
II. Ad inistrative Decision Appeals
A. If the faculty me
tive officer, further writ
trative channels. A writt
days of the receipt of an
of the original grievance,
The written appeal shall b
above the source of the de
trator who receives the ap
grievance procedure schedu
grievance shall be kept in
ber objects to the decision by the adminLstraen appeals may be made through regular alminisn appeal shall be initiated within 10 wc:king
dministrative decision and shall include copies
written decision(s), and reasons for the appeal.
transmitted to the next level of admini3tration
ision. At each level of appeal, the admLniseal shall proceed in accordance with the
e noted in section I.B. All parties to 1
ormed of the appeal procedure being followed.
B. The aggrieved mem
not been resolved after ap
administrative level up to
Affairs may then appeal di
review and consideration.
following receipt of the d
Affairs. The request must
original grievance, writte
appeal levels, and reasons
er of the faculty who feels that a grievince has
ealing to and receiving a decision at ea:Al
and including the Vice President for Acaiemic
ectly to the President of the University for
This appeal must be made within 10 working days
cision of the Vice President for Academi:
be in writing and must include copies of the
decisions from all previous administrative
for the appeal.
C. In hearing the ap
mittee compose3 of five re
from the Faculty Grievance
working days of receipt, b
sition of the Faculty Grie
Either party in the disput
Committee. The total numb
to three. As each challen
will be chosen by lot by t
Faculty Grievance Panel.
eal, the President will use a Grievance :omresentatives chosen by lot by the President
Panel. The Committee will be chosen wit'lin 10
the President, of the written appeal. 3ompoance Panel is discussed in section IV below.
can challenge a member of the Grievance
3 of challenges by either party will be Limited
ed member is excused, his or her replacement
e President from the remaining members c= the
Grievance Committee Hearing
A. Upon receipt of a
the Grievance Committee wi
within 15 working days aft
The Grievance Committee wi
notice scheduling a time a
parties involved 5 working
are a guide and may be cha
Committee and the parties
copy of the written appeal
the members of the Grievan
request from the President of the Univer3ity,
I schedule a hearing. This hearing must be held
3 receipt of the request from the President.
I elect its own chairperson. The chairperson's
d place for the hearing must be deliverEl to the
days prior to the hearing. These time limits
ged by mutual written agreement of the Grievance
o the grievance. A copy of the notice aid a
as set out in Section II.A. will be furnished to
e Committee.
B. The formal hearin will be conducted in accordance with prpcedures
established by the Grievan e Committee and agreed upon by the parties to
4
the grievance.
cedures, a dec
will present h
evidence, writ
grievance. Th
by the aggriev
grievance is f
under the same
call witnesses
administrator
If the par
sion by the
s or her o
en or oral,
s includes
d, the admi
led will be
rules as th
as it consi
eferred to
ies to the grievance cannot agree upon ploGrievance Committee will prevail. The ar.lgrieved
case and has the right to present whateler
he or she considers relevant or material to the
he calling of witnesses. After the pres.ntation
istrator about whose actions or decisio .. the
given an opportunity to present his or . r case
aggrieved. The Grievance Committee may also
ers appropriate. Both the aggrieved an. the
bove may question all witnesses.
C. Evide
and be of the
conduct of the
Grievance Co
the majority o
tions. The co
President of t
no later than
case. Minorit
President. Re
ce consider
ype relied
3 professio
ttee will m
the member
ittee must
e Universit
0 working d
opinions o
ommendation
d in the hearing must relate to the gri-vance
n by faculty members or administrators i the
al affairs. After all evidence is rece Fed, the
et and consider the case. The opinion 4d by
will constitute the committee's recomme daprovide its recommendations in writing • the
, with copies to the parties to the grievance,
ys from the last date of the hearing of he
the committee may also be submitted to he
to the President are advisory in nature
D. In ca
sity, a decisi
writing. The
on the grieva
receipt of th
decision is d
grievant and t
therefore.
es where an
n will be m
resident's
e, will be
Grievance C
ferent from
e committee
appeal is made to the President of the iverde on the grievance and it will be redue . d to
ecision, which is the final University d.cision
ent to the aggrieved within 10 working ys of
mmittee's recommendations. If the Pres ent's
that recommended by the Grievance Commit ee, the
will be so informed in writing of the re sons
I
IV. Facult Grievance Panel
culty Griev
A. The
from each col ge, includi
. Represen
faculty membe
nce on Sept
terms, to co
acuity memb
are elected.
reelection
be eligible f
until two
unexpired te
previous term f service.
two-year term f service,
procedures to serve the un
B. The
Senate with a
Faculty Senat
election proc
elect its rep
for Academic
nce Panel will consist of two represents ives
g the School of Law, who are full-time t nu red
atives will be elected for two-year alt nating
mber 1. They will serve until their SU4 essors
rs who have served a full two-year term ill not
to another two-year term, or appointment to an
ears after the expiration of the existi Or
Should a representative be unable to co' Jete a
replacement will be elected under the rprmal
xpired portion of the term.
for Academic Affairs will provide the Faculty
ice Preside
list of ful time tenured faculty of the colleges. The
will have t e responsibility of developing and implementing
dures whereb each of the colleges and the School of Law will
esentative(s) from the list provided by the Vice President
ffairs.
COMMENTARY TO
HE FACULTY GRIEVANCE PROCEDURES
by
Charles • Bubany, Chairman of the
Faculty S atus and Welfare Committee
Preamble
As the preamble stat s, the purpose of the procedure is to establish
a mechanism for handling g ievances by faculty members which arise with
respect to faculty duties. Grievances by rather than against administrators
and grievances related to enure and termination are not covered.
The main thrust of t
and to resolve the grievan
before the fornal grievanc
and finally the President,
step are established (see
I.
e procedure is that serious efforts to air
e are to be exhausted at the departmental level
procedure, involving an appeal through :hannels
is initiated. Specific time limits for Each
able attached).
Grievance Initiation
A.
Definition of Grievance.
apparently includes any de
member concludes is detrim
of any adminis7rative deci
Disputes between faculty m
satisfaction 1)7 the admini
e term "grievance" is not defined and t'us
ision by an administrator which a facult)
ntal to this or her interest with the ex:eption
ion for which a separate review procedura. exists.
mbers not resolved to the faculty member's
trator are implicitly included.
Required Action by Grievan
the procedure, a written r
istrative officer who made
request must be made withi
aware of the action percei
discussed whether this est
concluded, in effect, that
reasonably hav been expec
15 working day; before the
show otherwise,
• To establish a clear point for initiation of
quest for an informal discussion with ths. adminthe questioned decision is required. This
15 working days 'after the aggrieved has become
ed as a possible grievance." The committee
blishes a subjective or objective limitation and
in situations in which a faculty member yould
ed to know of the possible grievance mora than
request, the burden would be on the grievant to
Action by Administrator.
obligation on the administ
within 10 work Lng days of
disucssion at 111) is cons
he procedure appears to impose an affirmative
ator to hold the informal discussion and to respond
he request. Failure to respond (or to have the
dered a denial of the grievance.
B.
Filing a FormaA Grievance. Within 5 working days of a response or within
15 working days from the r quest for discussion, if there is no response,
the grievant mz y file a fo al grievance with the administrator.
Disposition. '7 he administ ator has the option of using an advisory zommittee
faculty) to conduct an informal review and to
of three member s (presumab
committee is used, the grievant must receive
make recommendz tions. If
the administrat or's writte decision within 25 working days of the filing
of the grievam e; if not, ithin 15 days.
II. Admi istrative Decision Appeals
Administrative Appeal. Th grievant may seek review of the decision of the
administrator nd each suc essive administrator, including the Vice President
for Academic Affairs, by f ling a written appeal within 10 working days
of the receipt of each adm istrator's decision. Each successive administrator may use an advisory committee and must act within the same tLme
limits as in I. B.
Appeal to Presldent. The rievant may appeal to the President within 10
working days orie7eitp of the decision from the Vice President for Academic
affairs. This appeal must e heard by the Grievance Committee, five persons
chosen by lot from the Fac lty Grievance Panel within 10 working days of
party to the dispute has 3 peremptory challenges.
receipt of the appeal. Ea
III. Gr evance Committee Hearing
After prcviding for
the procedure for the hear
is made to makE it non-adv
and the adminiEtrator whos
each may presert evidence
as may the committee, and
of procedure axe to be agr
not are decidec by the co
are submitted to the Presi
recommendations, must info
It will be noted that neit
represented by counsel, bu
whole proceedirg and the r
be represented by counsel
and apparently would be a
procedures" prc vision. Th
for Academic Affairs and t
of counsel, as a general r
proceedings, wLthout signi
proceeding.
otice and time of the hearing, this section sets
g before the Grievance Committee. An a tempt
grieved
rsary and investigative in nature. The
ievance
decision is claimed to have led to the
o the committee and may call other witne ses,
lso may question all witnesses. Other d ails
ed upon by the parties, if possible, but if
ittee. The final recommendations of the committee
ent who, if his decision is different fr m the
ason.
the committee and the grievant of the
er party to the dispute has a right to b
there is the right to be present during the
ght to examine all witnesses. A request to
committee
ould be addressed to the discretion of t
reed
atter subject to negotiation under the
feeling of the Office of the Vice-Presi nt
e majority of the committee was that the presence
le, would unduly obstruct and prolong th
the
icant gain to fact-finding and fairness
•
TI •E FOR FACULTY GRIEVANCE PROCAINE
Procedure with Initial
Administrator
Awareness of
Possible Grievance
15
I
days
Written Request for
Informal Discussion
10
Procedu e with
Pres ent
days
Informal Discussion
and Decision
by Administrator
Written Ap eal to the
Pres dent
Proce lure with Successive
Administrators
0 days
5 I days
Wr itten Appeal of
Admin istrative Decision
Filing of Formal
Grievance with
Administrator
days
5idays
Inform Aggrieved of
Procedures and
Establish Committee
Inform Aggrieved of
Procedures and
Establish Committee
15
days
Selection f Grievance
Comm ttee
cn
co
15
days
V
Hearing crl. Grievance
by Grievance Committee
I
15
days
10
days
Ne!
Recommendation of
Advisory Committee
days
Administrative Written
Decision to Aggrieved
Recommendation of
Advisory Committee
5
days
Admiristrative Decision
to Aggrieved
I
Recommendations of
Grievance Committee
10
days
Presidential Decision
to Aggrieved