FACULTY HANDBOOK July 2009 - Morgan State University

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PAGE 104 * Morgan State University Faculty HandbookI. GENERAL POLICYFACULTY GRIEVANCE PROCEDUREIt is recognized that legitimate problems, differences of opinion, complaints or grievanceswill from time to time arise in the daily relationship between the University as anemployer and its faculty. Currently, such complaints are resolved formally throughexisting procedures or informally in discussions between the faculty member and theacademic administrator involved.It is further recognized that on occasion complaints will arise that cannot be redressedthrough formal channels because they pertain to matters that are not within the subjectmatter of existing procedures and policies or that cannot be resolved through informaldiscussion. The following procedure is adopted to define the means whereby a grievanceagainst the University arising from certain acts of academic administrators may bepresented for formal review.II.DEFINITIONSA. FacultyFaculty member or faculty means a person who holds a faculty appointment in a50% or greater time capacity at Morgan State University pursuant to a validMorgan State University appointment agreement and who is not an academicadministrator.B. Grievance1. A grievance is a signed complaint by a faculty member against theUniversity that alleges a violation of University policy, by an academicadministrator, in the performance of an official act, which act adverselyaffects the faculty member, in his or her academic or professionalcapacity.2. Even if a complaint otherwise meets the definition of a grievance as setforth in II.B.1. above, if the complaint is based on any of the followingmatters, it shall not be reviewed or challenged under the FacultyGrievance Procedure:a. Any matter pertaining to a subject that is reviewable under, or isspecifically excluded from review by any other University policy orprocedure, including but not limited to the “Policies and Procedureson Appointment, Promotion, and Tenure,” and a Morgan StateUniversity faculty appointment contract;
PAGE 105 * Morgan State University Faculty HandbookC. Daysb. Sexual harassment, discrimination based on race, sex,ethnic origin, religion, age or handicap, and violations ofacademic freedom;c. Any matter pertaining to broad areas of the fiscalmanagement, staffing or structure of Morgan StateUniversity; any matter pertaining to differences infaculty salaries and benefits that are based ongeneral market factors such as availability of faculty,demand for a particular academic discipline, orreputation of a department; any matter pertaining togeneral levels of salary and fringe benefits;d. Any matter, the resolution of which is not in theexclusive control of the University;e. Personal disputes not related to the employmentenvironment; andf. Any matter, the resolution or remedy of whichwould conflict with federal, state, or local law orregulation, or any contract to which the University isa party.Days shall mean calendar days.D. University Policya. A written policy, regulation, procedure or rule of theUniversity, division, school, department or program;orb. A practice of an academic unit which, althoughunwritten, has been consistently followed and appliedover a significant number of years. However, changesin any such practices may only be challenged orreviewed under this grievance procedure if suchchanges are arbitrary and capricious or if they conflictwith University policy or policies established athigher administrative levels.
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FACULTY HANDBOOK July 2009 - Morgan State University

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