Grievance Procedures: General Provisions

Coverage

This policy and these procedures apply to all graduate students and members of the academic and administrative staffs in the College of Education. This policy also applies to former graduate students, provided they meet the timeliness requirements specified in the procedures above.

Oversight Authority and Responsibility

1. The Associate Dean for Academic Affairs has responsibility, under the policies and procedures of the Graduate College, for the management of College of Education graduate programs and related policies and procedures.
2. The Associate Dean for Academic Affairs shall have the primary responsibility for administering the campus procedures detailed herein. All information and items furnished will be made available to the grievance committee. During the course of an investigation, the Associate Dean for Academic Affairs will provide information about the status of proceedings to the primary involved individuals. Subsequent to the grievance committee’s reporting, the Associate Dean for Academic Affairs will maintain a file of all documents and evidence, and is responsible for the confidentiality and the security of the file. The Associate Dean for Academic Affairs shall make the complete file available to the Dean of the Graduate College and on the appeal of a grievance outcome to the Graduate College.

Confidentiality

All persons involved in administering these procedures will make diligent efforts to protect the reputations, privacy, and positions of all involved persons. These persons include those who file grievances, persons who are alleged in a grievance to have taken inappropriate actions or activities, and college/department administrators. All of the procedures and the identity of those involved should be kept confidential to the extent permitted by law. However, confidentiality regarding information other than the identity of the grievant need not be maintained if the grievance is found to be false and in particular if dissemination is necessary to protect the reputation of individuals or units falsely accused. Making public the fact that a grievance has been deemed false or unproved is not considered retaliation against the grievant. Protection of confidentiality does not preclude disclosures necessary to redress actions leading to a grievance.

Standards of Evidence

The grievance committee’s decision shall be made on the “preponderance of evidence” standard. Any finding against an individual or department on the subject of the grievance must be supported by a preponderance of the evidence.

Academic Freedoms and Rights of the Parties

1. It shall be a prime concern of all persons who implement this policy and these procedures to protect the academic freedoms fundamental to the academic enterprise. Among other things, this includes the professional judgments of student performance that are an essential part of the graduate education process. Academic freedom, however, affords no license for the mistreatment of graduate students.
2. The rights of the primary involved individuals shall be specified in the form of a written notice or letter from the Associate Dean for Academic Affairs. The primary involved individuals have the following rights:
   1. To receive notice of the identity of the members of the grievance committee;
   2. To receive a written statement of the charge including the subject matter being considered by the grievance committee. If additional information emerges during the committee’s evaluation that substantially changes the subject matter, the parties shall be informed promptly in writing
   3. To submit statements in writing and to meet with the committee to present information;
   4. To consult private legal counsel, or another person who may provide advice at the meeting with the committee. Prior notice of the absence of an adviser must be given and any other primary involved party may request a delay of up to 5 calendar days to arrange for the presence of an adviser; and,
   5. To review and respond to the grievance committee’s final report.
3. Any of the parties responsible for the implementation of this policy may consult University Legal Counsel at any time during the informal processing of a grievance.

Conflict of Interest

A conflict of interest is a significant professional or personal involvement with the facts or the parties to a dispute. Any participant, who has a conflict of interest in a dispute under this procedure, or a concern about a conflict on the part of another, shall report it to the Associate Dean for Academic Affairs who shall take appropriate action. If the Associate Dean for Academic Affairs has such a conflict, the Associate Dean for Academic Affairs will inform the Dean of the Graduate College who will, in consultation with the Dean of the College of Education, decide how to address the situation.

Timeliness and Procedural Changes

All procedures prescribed in this document should be conducted expeditiously. The Associate Dean for Academic Affairs with good cause may extend any of the time periods and may make other reasonable alterations of these procedures, provided that the alteration does not impair the ability of a grievant to pursue a grievance or the respondent(s) named in the grievance to defend him/herself. Any alterations of these procedures must be communicated to all pertinent parties.

Withdrawal of a Grievance

The grievant may submit a written request to withdraw the grievance at any time. The Associate Dean for Academic Affairs shall decide whether to approve the request. A request to withdraw shall be approved only if both parties to the action agree to terminate the proceedings. If the withdrawal request is approved, the Associate Dean for Academic Affairs shall notify the primary involved parties and the files shall be destroyed. If the withdrawal request is denied, the grievance shall continue to be processed to a conclusion according to the above procedures.

Termination of University Employment

After the initiation of grievance procedures under this policy, the grievance proceedings will not automatically terminate due to the termination of university employment, by resignation or otherwise, of any of the primary involved individuals in the grievance.

Malicious Charges

Bringing unfounded charges in bad faith is a violation of this and the Graduate College grievance policy. If the grievance committee determines that the allegation(s) in the grievance or the testimony of any person was unfounded and motivated by bad faith, that finding shall be communicated by the Associate Dean for Academic Affairs to the Dean of the Graduate College and the Dean of the academic college. After consultation with the Provost, the deans may inform the Associate Dean for Academic Affairs of such a finding. Such a finding may be the basis for disciplinary action or other personnel decisions in accordance with University rules and regulations.