FACULTY HANDBOOK July 2009 - Morgan State University

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PAGE 106 * Morgan State University Faculty HandbookIII.GENERAL PROVISIONS APPLICABLE TO ALL GRIEVANCESA. Only a faculty member may make a grievance under this procedure.B. A faculty member may not make a grievance under this grievanceprocedure on behalf of another person.C. Grievances by more than one faculty member may be put together in a singlegrievance if each faculty member signs the grievance and the material facts andissues are substantially the same. Such joining of grievances shall be in thediscretion of the individual or body hearing the grievance.D. In order to be considered, a complaint must be grievable. A complaint isgrievable only if it meets the definition of a grievance set forth in Section II.B.and it does not fall within the exceptions to a grievance enumerated in SectionII.B.2.E. A faculty member is responsible for following all stated time limits for theinitial filing of a grievance or any appeals from decisions respecting thegrievance. Both the faculty member and the academic administrator shallobserve all other time limits stated in this Faculty Grievance Procedure or setby the individual or body hearing the grievance.F. Motions raising the issues of standing or grievability may be raised at any timein the proceedings. If those requirements are not met, the grievance shall bedismissed. Motions raising the issue of timeliness must be made at the firststage of the proceedings following the time at which the moving party knew orreasonably could have known of the grounds for making the motion, or theissue shall be waived. If it is determined that the requirements of timeliness asto the initial filing of the grievance and any appeals are not met in a particulargrievance, the grievance shall be dismissed. In the case of lack of timeliness asto time limits other than those for the initial filing of the grievance and anyappeals, the grievance may be dismissed in the discretion of the hearingauthority if the untimeliness results in undue delay or prejudice to the otherparty.G. The faculty member shall bear the burden of proving the merits of his or hergrievance. To meet this burden, at a minimum, he or she must demonstrate byevidence that is more convincing than the opposing evidence that the act andviolation complained of occurred; that it was the act of the academicadministrator involved; that the act adversely affects him or her; and that theremedy sought is reasonably necessary and proper to correct that injury.H. The formal rules of evidence shall not apply to this grievanceprocedure.I. The hearing authority at any step of the grievance procedure may requestadvice of legal counsel on significant legal issues raised in the grievance.The legal office providing legal advice or service to the academic administratormay not provide legal advice or service to the individual or body hearing thegrievance at any step.
PAGE 107 * Morgan State University Faculty HandbookIV.INFORMAL GRIEVANCE PROCEDUREBefore filing a formal grievance as provided in section IV B below, a faculty membershall seek an informal review of his or her complaint with his or her immediatesupervisor. Every effort should be made to resolve complaints and disputes throughinformal discussion. Consistent with the informal nature of the discussions at this stage,neither a written statement of the complaint nor a written answer thereof is required orencouraged.V. FORMAL GRIEVANCE PROCEDUREA. Step One - Grievance Committee1. CompositionSelection - In the spring semester of each academic year, each of theinstructional units shall elect one Grievance Committee representativeand one alternate. The alternate will serve in place of the primaryrepresentative when the primary representative is not available. In theevent both the primary and alternate representatives are not available,the faculty of the affected instructional unit shall select replacements inaccordance with procedures developed in that instructional unit.Term - Grievance Committee representatives shall serve a term of oneyear commencing July 1 in the year they are elected and ending June30 of the following year.Chairperson - At its initial organizational meeting of the year, therepresentatives of the Grievance Committee shall elect a Chairperson.Reelection of Representatives - No member may be elected to theGrievance Committee for more than two consecutive terms.2. Time and Place for Filing of ComplaintA faculty member shall file a grievance within 30 Daysfrom the date of the act giving rise to the grievance. Agrievance is deemed to be filed when it is received by theDirector of Human Resources. The 30 day period includesall efforts to resolve the matter informally.
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