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Grievance Procedures Involving Augsburg College Faculty Members and Students
Introduction
Preface
Augsburg College is committed to a policy of treating fairly all members of the college community in regard to their personal and professional concerns. However, times do occur in which students think they have been mistreated. This procedure is provided in order to ensure that students are aware of the way in which their problems with faculty members can be resolved informally and to provide a more formal conciliation process when needed. Each student must be given adequate opportunity to bring problems to the attention of the faculty with the assurance that each will be given fair treatment. The faculty member must be fully informed of the allegations and given an opportunity to respond to them in a fair and reasonable manner.
Definition of Grievance
A grievance is defined as dissatisfaction occurring when a student believes that any conduct or condition affecting her/him is unjust or inequitable, or creates unnecessary hardship. Such grievances include, but are not limited to a violation, misinterpretation, or inequitable application of an academic rule, regulation, or policy of the college or prejudicial, capricious, or manifestly unjust academic evaluation.
College policies and procedures that do not come within the scope of the Grievance Procedures are the Sexual Harassment Policy, the Sexual Violence Policy, the Committee on Financial Petitions, Discipline Process, and Academic Standing.
Time limits will include only business days (M-F) for the program in which the student was enrolled. (Weekends, and vacation days are not included; summer may not be included depending on the studentŐs program.)
Informal Process
It is always the studentŐs responsibility to know these procedures and timelines and to follow them.
A. Any time a student feels that she/he has been mistreated by a faculty member, the student should contact
the faculty member to discuss the problem and attempt to resolve it.
B. If no mutually satisfactory solution can be reached with the faculty member or if, in unusual circumstances,
the student prefers not to confer with the faculty member, the student should discuss the problem with the
department chairperson of the faculty member and attempt resolution of the problem.
C. If the problem cannot be resolved in discussions with the faculty member or department chairperson, or if
the faculty member and the department chairperson are the same individual, the student may contact the
Associate Dean for Faculty Affairs.
1. The student must begin the Informal Grievance process within 15 days of the conduct giving rise to the
grievance, by submitting an Informal Grievance Form to the Associate Dean for Faculty Affairs.
a. The time limit to begin the Informal Grievance process for a grade appeal will be 30 days from the last published finals date for the relevant term. It is the responsibility of the student to maintain a correct and current address on file with the Registrar.
b. If the student could not reasonably be expected to be aware of the conduct when it occurred, the student will have 15 days to file the grievance from the date on which the student could reasonably be expected to be aware of the conduct or condition that is the basis for the grievance. It is the responsibility of the student to establish the reasonableness of such non-awareness. The Associate Dean for Faculty Affairs will determine if this paragraph applies to a grievant.
2. The Associate Dean for Faculty Affairs and the student must ensure the informal process is completed
in 20 days. (See Part I for definition of time limits.)
3. Extension - In unusual circumstances, the time limit may be extended by the Associate Dean for Faculty Affairs. A grievant or respondent must submit a written request for such extension before the end of the time limit. If the Associate Dean thinks the extension is warranted, the Dean will notify all concerned persons in writing.
E. Records
If the grievance has been resolved, either by agreement or by expiration of the time limits, a copy of the informal grievance and statements of the resolution will be kept by the Dean of the College for one year. Neither a copy of nor any reference to the grievance will be placed in the personnel file of the respondent.
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If these informal discussions do not resolve the problem to the satisfaction of the student, a more formal conciliation procedure is available in Part III of this document. Note: A student must file a written grievance, per below, within 5 days after completion of the informal process. |
Formal Process
If a student has a grievance with a faculty member that has not been resolved through the Informal Process described in Part II of this document, the student may then seek resolution through the following procedures.
1.1 Filing
A. The Grievance - The student must first formulate a written statement of the allegations; this written statement is the Ňgrievance.Ó The grievance shall be submitted to the Dean of the College.
l. The grievance should contain all the related allegations of the student. It should include the names of all persons accused of misconduct and a statement of all material facts on which the student relies to support the allegations, including the dates of the conduct which forms the basis of the grievance and the norm of conduct alleged to have been violated.
2. This grievance statement cannot be changed after it has been filed.
3. Any student(s) filing the grievance will be the "grievant(s)" and any person(s) accused of misconduct will be the "respondent(s)".
4. For any grievance of a grade in a class where the teacher is no longer an Augsburg College faculty member, the chair of the department in which the course was given will be the respondent.
5. If further alleged misconduct occurs after filing of the first grievance, a separate grievance may be filed. The Dean of the College may combine the grievances and will inform all concerned persons of any such combining of grievances.
1.2 Withdrawal of a Grievant or Removal of a Respondent
A. Grievant - Any individual grievant may withdraw from a grievance by written notification to the Dean of the College.
B. Respondent - Any individual respondent may be removed from a grievance by written notification by all grievants to the Dean of the College.
C. The Dean of the College will inform all concerned persons of all withdrawals and removals.
1.3 Definition of Roles of other Parties
A. Associate Dean for Student Affairs - The grievant may consult with the Associate Dean for Student Affairs, who will serve as a source of information, not an advocate, for the student.
B. Associate Dean for Faculty Affairs - The respondent may consult with the Associate Dean for Faculty Affairs, who will serve as a source of information, not an advocate, for the respondent.
C. Advisors - Any party may seek from within the college community of students, faculty, administrators, and staff a person willing to act as an advisor to assist the party.
D. Attorneys - Lawyers may not represent parties in these proceedings.
1.4 Responsibilities of the Parties
The respondent(s) and grievant(s) are expected to cooperate fully at all steps of these procedures. If either party destroys any document essential to the grievance before final resolution under these procedures, the grievance committee will have the authority to dismiss the grievance or to resolve the grievance in favor of the non-offending party.
2.1 Appointment of a Mediator; Notification
Within five days of receipt of the formal grievance, the Dean of the College will appoint a mediator and
will, in person or by certified mail, present of copy of the grievance to the respondent(s). (See Part I for
definition of time limits.)
2.2 Mediation
A. Time Limits - The mediator will attempt to resolve the problem by conciliation with all concerned parties within ten days of the appointment of the mediator. Immediately following the ten-day conciliation period, the mediator will inform, in writing, all concerned parties of the status of the conciliation efforts.
B. Dismissal of Grievance - If the mediator does not think that the grievance has any merit, the mediator will inform the Dean of the College, and together they will dismiss the grievance.
The mediator will, in person or by certified mail, present a written statement of the dismissal and the reasons for the decision to all concerned persons.
C. Records
l. If the grievance is dismissed under paragraph B above, a copy of the grievance and statement of reasons for the dismissal will be kept by the Dean of the College for one year. Neither a copy of nor any reference to the grievance will be placed in the personnel file of the respondent.
2. If the grievance has been resolved by mediation other than dismissal under paragraph B above, a copy of the grievance and statements of the resolution will be kept by the Dean of the College for one year. Neither a copy of nor any reference to the grievance will be placed in the personnel file of the respondent.
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If the grievance has been neither dismissed nor resolved to the satisfaction of the grievants through mediation, the grievant(s) may request a grievance hearing under procedures of Section 3 below. |
3.1 Request for Hearing Đ Time Limits
If the grievance has been neither mediated to the satisfaction of all grievants nor dismissed under Section 2.2 B, the grievance may be presented to a grievance committee. This request must be made in writing to the mediator appointed under Section 2.1 within three days of the issuance of the mediator's conciliation status report of Section 2.2 A. (See Part I for definition of time limits.)
3.2 Appointment of a Grievance Committee
A. The mediator will coordinate the constituting of the grievance committee and convene a preliminary meeting within ten days of receipt of request for a hearing.
B. Committee Membership - The committee will consist of four full-time tenured faculty members whose primary role is teaching, at least one of whom is from the division of the respondent, appointed by the Faculty Senate, and three students currently enrolled full-time in the college, appointed by the Student Standing Committee.
C. The mediator will notify all parties of the membership of the committee and the date of its preliminary
meeting, and of the partiesŐ right to challenge the membership of the committee.
3.3 Changes in Committee Membership
A. Right to Challenge Committee Membership - Any challenge for cause by a party to the membership of the committee will be presented before the preliminary meeting to the mediator in a written statement. The mediator and the body making the committee appointment will determine whether to withdraw the name of the member. Any new appointment will be made by the same body.
B. Any committee member who has a conflict of interest concerning the matter heard will withdraw from the committee. If it is necessary for any person to withdraw, the appointing body will select an appropriate substitute.
3.4 Preliminary Meeting
The mediator will present to the committee a copy of the grievance and a list of grievants. The mediator will preside for the purpose of electing a chair. Upon election of the chair, the mediatorŐs work with the grievance is done and the mediator is excused.
The chair will conduct the remainder of the preliminary meeting and all subsequent meetings.
The committee will set a time for a hearing of the grievance which will be reasonably convenient to all parties and within 20 days of the preliminary meeting. The chair will notify the parties in writing of the time and place of the hearing, delivered in person or by certified mail, at least ten days prior to the hearing.
3.5 Rules of Procedure for all Grievance Committee Meetings and Hearings
A. Voting and attendance:
All members of the committee possess the same voting rights.
A simple majority vote of the committee membership is required for all decisions and questions.
All committee members must be present at all meetings.
B. Additional Rules of Procedure
The committee may adopt any rules of procedure, such as rules of admissibility of evidence, which are not inconsistent with this document.
C. Appearance of Parties
If a party fails to appear at the scheduled time and there is conclusive evidence that the party was aware
of the hearing and does not within a reasonable time present a valid reason for failing to appear, then
1. If the party is a respondent, the committee may hear the matter in that respondent's absence.
2. If the party is a grievant, the committee will return a decision in favor of the respondent regarding the absent grievant.
The committee will determine all questions regarding absence of parties.
D. Opening Statements, Closing Statements
At the opening session of the hearing the chair will read the grievance.
The grievant, followed by the respondent, may make either oral or written opening statements . After all evidence has been presented, the grievant, followed by the respondent, may make closing statements. These statements may be limited in duration by the chair.
The grievance, the opening statements, and the closing statements will not be considered as evidence.
E. Rules Regarding Evidence
Each grievant will have the opportunity to provide evidence to which the respondent may respond. Each respondent may present additional evidence. Members of the committee may ask questions at any time during the hearing.
Any party in the case and any committee member may object to the admissibility of any evidence. Questions of admissibility of evidence will be determined by the committee.
If witnesses are called by the committee, the parties may question them.
The content of any written statement presented against a respondent by another person and the name(s) of the person(s) making the statement must have been made known to the respondent before the hearing so as to permit rebuttal.
The committee will consider as evidence only that which was presented at the hearing as testimony or documentary evidence.
It is the responsibility of the grievant to establish the truth of the allegations by a preponderance of evidence and to establish any disputed facts the grievant alleges. It is the responsibility of any respondent to establish any disputed facts the respondent alleges.
G. Closed Hearing
The hearing will be closed to all except parties, advisors, and committee members. All parties may agree to hold an open hearing.
The chair of the committee has the authority to dismiss any person who interferes with the hearing or fails to abide by the rulings of the chair.
H. Minutes
Minutes will be kept of all hearing meetings which will include at least dates of meetings, names of those attending, motions made by parties, procedural questions raised by parties or committee members, and committee responses to motions and procedural questions. The minutes will not include a verbatim record of testimony or discussion of non-procedural issues.
I. Dismissal
The committee has the authority to dismiss a grievance before all evidence has been presented if:
1. The allegations cannot be supported by the facts in the grievance or
2. After the grievants have presented their case, the committee thinks that they have failed to provide evidence sufficiently strong to require the respondent to answer the grievance.
3. A party has destroyed evidence (see 1.4).
3.6 Deliberations and Decision
A. Deliberations - Following the hearing the grievance committee will deliberate in private. All committee members will be present. The decision on the allegations will be based solely on the information introduced into evidence at the hearing except in the application of Section 1.4. A simple majority vote of the committee membership will be required for all decisions.
B. Content of the Decision - The decision of the committee will be in writing and contain:
1. A summary of the evidence and conclusions of fact;
2. A determination as to the validity of each allegation and a statement of reason for the determination;
3. Any assignment of a grade determined by the committee under the procedures in paragraph C below and a statement of reasons for the determination; and
4. Recommendations regarding other issues and a statement of reasons supporting the decisions.
5. The committee may request an interview with the respondent, the Dean, and others whom the
committee believes can provide helpful information. (At times, the advice of an attorney may be
warranted.) The committee will hold such interviews in a closed meeting.
The decision may also contain any minority opinion.
C. Grade Determination - If an appeal of a grade is contained in the grievance, an appropriate grade will be determined as follows:
l. The committee may determine the original grade will stand.
2. If the committee determines that the grade was inappropriate, it will confer with the grievant and the respondent involved to determine a mutually acceptable grade. If unsuccessful, the committee will assign a grade within the grading scale of the college.
3. Any grade assigned by these procedures may be higher than, lower than, or the same as the original grade.
D. Other Regulations Including Possible Sanctions - If the grievance committee has upheld one or more of the allegations, the following procedures will be used in determining recommended resolutions other than grade changes.
l. The recommendations of the committee will be reasonable in light of the seriousness of the supported allegations and past findings by similar committees of misconduct which are documented.
2. The committee may request an interview with the respondent, the Academic Dean, and others whom the committee believes can provide helpful information for its recommendations. The committee will hold such interviews in closed meeting.
3. The committee is urged to seek the advice of an attorney before making any final determination of recommendations of resolution.
E. Notice of Decision - The grievance committee's decision will be sent by the chair within 20 days of the adjournment of the hearing to the Dean of the College, the Registrar if a grade change is involved, and all parties in the case. The decision of the committee will be sent by certified mail.
3.7 Records of the Hearing
The record of the hearing including the decision, copies of all documentary evidence, and all minutes will be sent to the Academic Dean.
3.8 Finality of Decision and Appeals
A. Any grade determination under Section 3.6 will be final.
B. All other decisions of the committee will be final unless the appeal is made on the grounds of
1. Prejudicial procedural errors in the hearing, by any party in the case, or
2. Unreasonable recommended resolutions, by the respondent, to the Chair of the Committee of Faculty Equity. The appeal must be filed within five days of the receipt of the grievance committee decision.
Section 4: Appeal to The Senate Committee on Faculty Equity
Refer to the section on The Senate Committee on Faculty Equity in the Faculty Handbook.
Section 5: Records of Proceedings
5.1 College Record
5.2 Resolution of Non-Grade Grievances
When a non-grade grievance is resolved, and when any appeal under these procedures has been exhausted, the following procedures will be followed:
6.1 Electronic Recordings
A. Electronic recordings of the above proceedings will not be made by anyone.