The University of Texas Health Science Center at Houston (UTHSC-H) encourages fair, efficient, and equitable solutions for problems or disputes arising out of the employment relationship. Many issues may be addressed informally through the problem solving/conflict resolution process (refer to 2.58 Problem Solving/Conflict Resolution). However, a faculty member does not have to use the problem solving/conflict resolution process to address an issue, but may proceed directly to the grievance process. A faculty member cannot pursue an issue under the problem solving/conflict resolution process and the grievance process simultaneously.
This policy applies to grievances of faculty members concerning actions of supervisors, department chairs, and deans as to work load, compensation, working conditions, infringement of academic rights, and incidents involving verbal abuse or personal offense not covered under separate policies addressing illegal discrimination and sexual harassment. Topics addressed by separate policies, including dishonesty in science and disputes over tenure and promotion, are also not covered by this policy. Grievances concerning policy 2.18C Disability are addressed in policy 2.50A Grievances--Disability.
No faculty member will be penalized, disciplined, or prejudiced for filing a grievance or for aiding another faculty member in the presentation of a grievance.
To the extent permitted by law, the confidentiality of the grievance process and the records and documents related to it will be protected.
Pursuant to this policy, grievances may be brought against immediate supervisors, department chairs, and deans. Depending on the level at which the grievance is commenced, a sequence of steps is followed that can result in the resolution of the grievance or an appeal to the president, whose decision is final in all cases.
Grievances that reach the executive vice president for academic affairs (EVPAA) (Step Four) may be submitted to the Faculty Grievance Committee for an inquiry at the request of the grievant or at the election of the EVPAA.
Prior to filing a written grievance, a faculty member will informally present his or her grievance to the person who is its subject and the parties will make a good faith effort to resolve the issue or issues that are the subject matter of the grievance.
If informal efforts to resolve the grievance are not successful, the faculty member may pursue resolution through the problem solving/conflict resolution process or present the grievance in writing to the next higher administrative level for consideration and action within five days of the completion of Step One. If the faculty member has pursued resolution through the problem solving/conflict resolution process and wishes to pursue the matter further through the grievance process, the faculty member must file his/her grievance within five days from the date the Problem Solving/Conflict Resolution Board member's decision was communicated to the employee or within five days after the employee terminated the problem solving/conflict resolution process. Grievances against immediate supervisors will be directed to the department chair; grievances against a chair will be directed to the dean; and those against a dean will be directed to the EVPAA.
The party against whom the grievance is brought will be provided a copy of the written grievance by the Step Two administrator and will have the opportunity to respond to it in writing and submit documents or materials in support of his or her position.
The Step Two administrator will respond to the grievance within 10 working days of notifying the party against whom the grievance is brought of the written grievance. The time for responding can be extended for good reason by the EVPAA or his or her designee who will do so in writing. The substance of the grievance will not be disclosed to the EVPAA or designee at the time a request for an extension of time is made. Ordinarily, the extension period will not exceed five working days.
If the grievance remains unresolved after the designated time period, or the faculty member is not satisfied with the decision of the Step Two administrator, the faculty member may file a written appeal the next higher administrative level.
The Step Three administrator will respond within 10 working days of receipt of the appeal unless the time period has been extended in writing by the EVPAA. The substance of the grievance will not be disclosed to the EVPAA at the time the request for an extension of time is made. Ordinarily, the extension period will not exceed five working days.
If the grievance remains unresolved after the designated time period, or if the faculty member is not satisfied with the decision of the Step Three administrator, a further written appeal may be made to the EVPAA within five working days after the completion of Step Three.
The EVPAA may consider the appeal or may forward the appeal to the Faculty Grievance Committee within five working days of receipt of the appeal. The appeal may also be forwarded to the Faculty Grievance Committee if the grievant so requests when he or she submits an appeal to the EVPAA.
If the EVPAA considers the appeal, he or she will respond to the grievant within a reasonable time, not to exceed 15 working days following receipt of the appeal. If the Faculty Grievance Panel conducts an inquiry and makes a recommendation to the EVPAA, the EVPAA will respond to the grievant within 10 working days of receipt of the recommendation.
If the faculty member is not satisfied with the decision of the EVPAA, or a response has not been made within the designated time, a written appeal may be made to the president of the UTHSC-H within five working days after the conclusion of Step Four.
The president will respond by certified mail addressed to the home of the grievant within 15 working days of receipt of the appeal. The decision of the president is final.
Upon completion of the grievance process, all recordings, documents, and materials related to the processing of a formal grievance will be forwarded to the EVPAA for protected storage. The confidentiality of such records will be protected to the extent possible under the law.
The Faculty Grievance Committee will be advisory to the EVPAA and, at the request of the grievant or the EVPAA, will make an inquiry into an unresolved grievance and provide a written recommendation to the EVPAA concerning its resolution.
The Faculty Grievance Committee will consist of one elected faculty representative and one alternate from each of the six schools of the UTHSC-H. The election of representatives will be coordinated by the faculty governance organization of each school. Members will serve a three-year renewable term; alternates will serve and vote only in the absence of the elected representative.
Each grievance forwarded to the Faculty Grievance Committee for a fact-finding inquiry will be assigned to a three-member panel randomly selected from among the committee's members by the EVPAA or his or her designee. The representative or alternate from the grievant's school will not be eligible for selection.
The panel will choose a chair from among its members who will be responsible for scheduling a time and place for the grievance inquiry. The chair will also request that the parties to the grievance submit written statements of their positions with regard to the grievance, and provide the names of persons with relevant information and copies of relevant documents concerning the grievance to the chair at least 10 working days before the inquiry. The chair will ensure that relevant documents are identified and distributed to panel members and notify other persons with information relevant to the inquiry of the need to appear at the inquiry.
During the inquiry, members of the Faculty Grievance Panel may ask questions of the parties and of other persons with information relevant to the inquiry. The parties or their representatives will not be allowed to question witnesses except at the discretion of the chair.
All interactions between the panel, parties to the grievance, and other persons questioned at the inquiry will be tape recorded.
After the inquiry, the panel will deliberate and provide a written recommendation concerning the grievance to the EVPAA within a reasonable time not to exceed 30 days. All materials and records concerning the grievance inquiry will be forwarded to the EVPAA with the recommendation.
Updated 4/96