2.16     GRIEVANCE PROCEDURES

2.16.1              PURPOSE AND GENERAL STRUCTURE
The primary purpose of these grievance procedures is to ensure uniform and equitable application of the personnel rules and policies of the College.  These procedures provide a method for resolving conflicts on an informal basis because disputes settled on that basis avoid the disruptions to the spirit of community that often result from the formal resolution of disagreements.  Yet, if the informal method fails, it is the right of the faculty member to use the formal method.  These procedures provide a means of resolving differences within the College community without resort to any outside agency.

2.16.2              DEFINITIONS
A "grievance" is a complaint by a faculty member that alleges adverse treatment resulting from alleged misinterpretation, misapplication, or violation of College policies or procedures.  It can also include alleged infringement of the faculty member's rights or privileges.  The above include, but are not limited to: academic freedom; appointment, non-renewal of contract, tenure and promotion; separation; working conditions; discrimination and sexual harassment.  A grievance against a decision regarding non-renewal of contract or denial of promotion or tenure must specify whether it is based on substantive grounds such as biased or inadequate consideration, or procedural grounds such as a violation of section 2.6.4 of this Handbook.

A "grievant" is the person or persons bringing a complaint.

A "respondent" is anyone identified in a complaint as having caused the grievable action.  Committees shall be represented by their chair.

An "affected party" is anyone identified in a grievance procedure:  grievant, respondent and witnesses, but not the members of the Faculty Grievance Committee (FGC).

The "mediation panel" is the three-member team from the FGC which handles the informal portion of the grievance procedure.

2.16.3              PROCEDURES

2.16.3.1           FILING OF GRIEVANCES

The FGC will consider a written grievance with supporting evidence from any Roanoke College faculty member.  The written grievance should set forth in detail the alleged wrong.  In cases dealing with non-renewal of contract or denial of promotion, state whether the claim is substantive or procedural, indicate against whom it is directed, and specify the relief and/or remedy sought by the grievant; it may contain any other data which the grievant deems pertinent.  The reliefs and remedies must be within the FGC's authority.  A grievance lacking these elements can not be heard by the FGC.

If a grievance is accepted by the FGC for consideration, all identified as respondents have a right to a copy of the documents to prepare their responses.  New documents may not be entered at the hearing by either party unless the other party has had a copy of them for 48 hours.
2.16.3.2           FORMATION OF THE MEDIATION PANEL

The chair of FGC will propose to the grievant and respondent the appointment of two members of the FGC to help the chair mediate informally.  This is to help ensure that neither the grievant nor respondent has any objection to the informal mediation panel.  If the second or third member is objected to, the chair shall appoint another member of FGC in his/her place.  If the chair is objected to or is a party to the grievance, the full committee will designate another member to act as chair.

2.16.3.3           INFORMAL MEDIATION

Informal mediation shall occur as soon as is reasonably possible.  The mediation panel will convene the original meeting with the grievant and respondent.  Subsequent meetings may be held with both the grievant and respondent present or with only one party present, as the circumstances require in the judgment of the mediation panel.  Under no circumstances may parties other than the grievant or respondent be present or be involved in the mediation.

The purpose of informal discussions is to help reconcile the parties in conflict, not to perform an investigation.  Informal mediation may continue as long as the mediation panel and both parties think that progress is being made.  If progress seems unlikely, the mediation panel may declare that an impasse has been reached and call the informal stage of the proceedings to a close.  Until that time, both grievant and respondent are required by the College to mediate in good faith.  A grievant may always withdraw a complaint, however, and this brings the process to a close without prejudice to either side.

No records of informal mediation shall be made available for inspection except to persons named in the grievance and to the mediation panel.  The records shall be kept by the chair of the mediation panel.  At the conclusion of informal mediation, regardless of the outcome, any records will be destroyed, except that the mediation panel shall report to the full FGC that a complaint was processed, without identifying the persons involved or the outcome.

2.16.3.4           FORMAL GRIEVANCE OPTIONS
                                               
Regardless of whether the grievant's allegation was procedural or substantive, the mediation panel's report of an impasse should recommend that:  (a) the FGC hear it on procedural grounds, or (b) the President consider it on substantive grounds.  In cases containing both substantive and procedural grounds, the case will be sent to the President to review both claims.  In procedural cases, the FGC will schedule a formal hearing and proceed as follows.

2.16.3.4.1        FGC Review

When the mediation panel requests a formal FGC hearing, the chair (or acting chair) shall allow the grievant and/or the respondent each to object to the participation of one additional member of the FGC.  The chair will then make substitutions from the list of alternate members for the non-chair member of the mediation panel and for any of the FGC members whose participation was challenged.  These substitutions cannot be challenged.  The chair shall not vote.

All parties to the grievance will have the right to obtain witnesses and present evidence relevant to a claim.  The appropriate College authorities will cooperate with the FGC in securing witnesses and making available documentary and other evidence requested by the grievant to the extent not limited by contract or law.

Legal counsel shall not be allowed to attend any hearing.  The grievant and/or the respondent may each appoint one member of the College community, who is not a member of any bar and not a directly affected party or a member of the FGC, to provide assistance.  A member or alternate to the FGC may not continue in that role and be an affected party or assistant.  Only affected parties and those providing assistance have the right to attend hearings.

In all cases (including promotion and tenure) except dismissal or suspension, the burden of the proof shall be on the grievant.  In the case of dismissal or suspension, the burden of proof that adequate cause exists for the action shall be on the College, which proof shall be by clear and convincing evidence.

While the Faculty believes there is an ethical obligation to provide faculty with a rationale for all personnel actions, it is understood that the College, by law, need not provide reasons for the non-renewal of probationary contracts.

The decision will take the form of findings of fact, conclusions, and recommended disposition of the grievance.  The findings of fact, conclusions and the recommended disposition must be based solely on the hearing record, pertinent College personnel rules and policies, and the law.

A recording of the proceedings of a formal FGC hearing shall be made.  It shall be kept in a secure location by the President of the College, but shall be available on request to the grievant or respondent.  Any typescript of the recording must be paid for by the party requesting it.

All deliberations of the FGC shall be kept confidential.  All records shall be sealed and kept in the President's Office, except that the FGC shall make aggregate statistical reports of its case load and the disposition of cases to the faculty as required.  The disclosure of this confidential information shall, itself, constitute a grievable offense that, if proven, might result in a written reprimand to the offending party.

The FGC will present its decision in writing to the grievant, the respondent, the Dean of the College, and the President.  This decision may be accepted by the grievant and respondent or rejected by either.

The grievant may appeal the decision of the FGC or its rejection by the respondent to the President by filing a notice of appeal.  The President will review the record and render a decision.  In the event that the President is the respondent, the decision may be appealed to the Executive Committee of the Board of Trustees.

2.16.3.4.2        Presidential Review

When the Mediation Panel requests a Presidential Review on procedural or substantive grounds, upon receiving the request, the President can take any appropriate action.  Among those that he or she might take are:

1.         make a ruling independently;
2.         direct FGC to hear the case in any event;
3.         direct FPC to reconsider the case;
4.         confer with any of the parties and make an alternative determination.  In any case, the President makes the final determination.  The President's decision can be appealed to the Executive Committee of the Board of Trustees only if the President is the respondent.

2.16.4              GENERAL PROVISIONS

The filing of any grievance or its consideration shall not prevent the College from taking the action complained of, subject, however, to the final decision on the grievance.

It is expected that:  a grievance will be made within 30 working days of the action being grieved; the mediation panel will call a meeting within 15 working days after a grievance is submitted; if the mediation panel declares that an impasse has been reached and if a formal FGC hearing is requested, a hearing will be held within 20 working days; an appeal of FGC's decision will be made to the President within 15 working days; and the President will reach a final decision within 30 working days.

If the mediation panel concludes that a recommendation to the President is appropriate, the President will reach a final decision within 45 working days.

These limits may be extended by mutual agreement of the parties affected and these requests for continuances, if granted, automatically extend the time limits for all concerned.  Hearings may be held during summer break, but holidays during the academic year will not be counted in the limits.