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Handbook of Operating Procedures
Chapter 2 - Faculty and Academics
Previous Publication Date: October 26, 2020
Publication Date: August 1, 2023
Policy Reviewed Date: August 1, 2023
Policy Owner: VP for Academic Affairs


2.34 Faculty Grievance Procedure


I. POLICY STATEMENT


在线赌博平台(在线博彩)为教师提供了一个程序,通过该程序,可以对与雇佣关系有关的不满进行追究. 该程序支持在线博彩的诚信核心价值观(坚持标准核心价值观,确保一个人以公平和道德的方式行事)和尊重(以文明和开放的态度对待他人), recognizing the dignity inherent in each individual).


II. RATIONALE


This policy establishes a procedure for faculty to bring grievances to the attention of administration. The University of Texas System Board of Regents' Rules and Regulations, Series, Rule 30602 鼓励公平公正地解决雇佣关系中产生的问题,并满足州和联邦法律的适用要求.


III. SCOPE


本政策中所述的申诉程序适用于所有教职员工,以解决申诉行为或决定, as defined in VII. 教职员工(申诉方)可以通过以下程序寻求对任何此类申诉行为或决定的纠正,这些程序旨在确保及时彻底的考虑.


IV. WEBSITE ADDRESS FOR THIS POLICY


http://01ztrrv3.vitrincep.com/hop/chapter2/2.34.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


  1. University of Texas System Policies or the Board of Regents' Rules & Regulation
    1. The University of Texas System Board of Regents' Rules and Regulations, Series, Rule 30602

VI. CONTACTS


If you have any questions about HOP 2.34, Faculty Grievance Procedure, contact the following office:

Academic Affairs
210-458-4110


VII. DEFINITIONS


  1. Business Days:  weekdays during which normal university business is conducted. This excludes weekends and holidays.
  2. Committee:  the Faculty Grievance Committee (described in Section IX.C)
  3. Complaint:  the written record of the Grievable Action or Decision under dispute, and all supporting written materials submitted by the Grievant
  4. Grievant:  a faculty member who disputes a Grievable Action or Decision.
  5. Grievable Action or Decision:  Those administrative actions or decisions that are subject to these Grievance Procedures. Specifically, those actions or decisions that relate to the terms and conditions of faculty employment. To be a Grievable Action of Decision, it must include one of the following:
    1. Administrative actions or decisions that result in:
      1. a denial of or reduction in merit award, or a reduction in salary or rank;
      2. assignment or reassignment of duties. The routine assignment of work responsibilities, such as teaching and committee service, is not considered disciplining. Oral reprimands and oral counseling are not considered discipline;
      3. the denial or withdrawal of a university benefit or privilege, including the use of university facilities, equipment, or support staff;
      4. suspension without pay;
      5. performance evaluations (note that an Annual Performance Evaluation grievance begins at the Formal Grievance Procedure stage and bypasses the Informal Resolution Process); or
      6. other disciplinary actions.
    2. 投诉人认为违反合同权利或侵犯行使受本州或美国法律或宪法保障的权利的行为或决定.
  6. Faculty Member: any individual holding an academic title as defined in policy 2.02, Faculty Appointments and Titles, in the 在线博彩 Handbook of Operating Procedures (HOP).
  7. Materials:  the Complaint, the Response, 以及书面建议决议,其中包括由审查小组以电子格式审查的书面证据.
  8. Respondent: the individual or supervisor whose administrative action or decision is in dispute.
  9. Response: the written response and all supporting written materials submitted by the Respondent.
  10. Review Panel:  a three-member panel from the Committee who participate in a hearing of the grievance.
  11. Senior Vice Provost:  the Senior Vice Provost for Academic Affairs.   

VIII. RESPONSIBILITIES


  1. Chair of the Committee
    1. Provides copies of all records pertaining to the grievance to the various parties involved in the grievance process.
    2. Selects Committee members to serve on Review Panel.
    3. Provides Academic Affairs and the Faculty Senate an annual report summarizing the Committee's work.
  2. Committee  
    1. Delegates review functions on cases to a Review Panel of three members selected at random, as outlined in Section IX.E.3.3.1
  3. Senior Vice Provost for Academic Affairs (Senior Vice Provost)
    1. Assists the Review Panel in the process of implementing this policy.
    2. Responds to all procedural questions from both faculty and administrators regarding this policy.
    3. Annually summarizes the past year’s grievance processes for the Faculty Senate.
    4. Maintains original grievance records which can be reviewed by the Chair of the Committee.
    5. 记录要采取的各种行动的日期,以便根据本政策规定的时间限制及时处理申诉. 
    6. 审查并回应延长指定截止日期的请求,包括首次提交正式申诉的截止日期.
    7. 在申诉流程结束时,将申诉文件转发到申诉部门,以便保留在申诉部门文件中.
  4. Dean
    1. Provides a written response if Administrative Resolution is requested by Grievant.
  5. Provost’s Designee
    1. Provides a written response if Administrative Resolution is requested by Grievant when the dean is the respondent.
  6. Provost
    1. Provides final resolution to all parties if grievance is not resolved during Administrative Resolution.

IX. PROCEDURES



  1. Grievance Parameters
    1. 教职员工(申诉方)可以通过以下程序寻求对任何申诉行为或决定的纠正,这些程序旨在确保及时和彻底的考虑.
    2. 本政策中所述的申诉程序适用于所有教职员工,并且是唯一可用于解决申诉行为或决定的授权申诉程序.
    3. Grievants are accorded the following under this policy:
      1. A Grievant shall not be penalized, disciplined, or in any manner retaliated against for exercising his/her right to make a complaint or file a formal grievance. A faculty member shall likewise not be penalized, disciplined, or in any manner retaliated against for assisting another faculty member in the presentation of that complaint.
      2. The Grievant may present any documentary evidence to the Respondent, Respondent’s supervisor, and/or Committee that he/she considers relevant to the grievance and the resolution of the complaint.
      3. 申诉人可就非正式和正式申诉程序的程序问题向高级副教务长征求意见.
    4. A faculty member cannot grieve the actions or decisions proposed during, or resulting from, the informal grievance process.
    5. Steps in the grievance process, as described below in IX.D and IX.E, must be followed in their sequential order before progress to the next step can occur.
    6. The administration has the right to discipline members of the faculty. It also has the right to terminate faculty members for good cause. The University of Texas System Board of Regents' Rule 31008, "Termination of a Faculty Member,"应适用于终身教职人员的终止和非终身教职人员在其任期届满前被终止. 这些申诉程序不适用于根据大学提供的其他程序可审查的事项,也不适用于在线赌博平台《在线博彩》或德克萨斯大学系统政策的其他规定中提到的事项.

      受本申诉政策约束的行动或决定被定义为可申诉的行动或决定(见第VII条)。. 

  2. Actions or Decisions that Limit Academic Freedom
    1. 涉及限制教员个人学术自由的行政行为或决定的争议,应根据校董会规则进行解释 31004 “Rights and Responsibilities of Faculty Members,” and consistent with the American Association of University Professors’ 1940 Statement on Academic Freedom. 所有涉及学术自由的争议仅由(D)节非正式申诉程序中概述的程序管辖。.
      1. Such disputes shall be reviewed by the Senate Committee on Academic Freedom, Evaluation and Merit Committee (AFEM) to determine whether the complaint involves a limitation of academic freedom, as it is specified above.
      2. If the AFEM affirms a finding of academic freedom infringement, it shall forward a recommendation for resolution to the Dean within 20 Business Days of receiving a complaint. If the Dean is the Respondent in an academic freedom complaint, the recommendation shall be forwarded to the Senior Vice Provost.
      3. 院长或高级副教务长应审查AFEM的建议,并就投诉的解决作出最终决定. 该决议应在15个工作日内以书面形式传达给投诉人和被投诉人,并应结束投诉.
      4. If the AFEM does not affirm a finding of academic freedom infringement, it shall notify the Grievant in writing why the complaint does not meet the applicable standard. This shall conclude the complaint review process.
  3. The Faculty Grievance Committee
    The Committee is authorized to review individual grievances, governed by the following provisions and responsibilities:
    1. Committee Membership: The Committee consists of:
      1. 各院系根据院系书面程序从终身制教员中选出一名有表决权的教员,并经校长或指定人员批准,选出一名有表决权的教员. These members shall serve two-year overlapping terms, with half elected each year; and
      2. Eight voting members appointed by the president from the faculty at large, four new members each year serving two-year overlapping terms.
    2. Committee Chair
      1. The Chair of the Committee shall be appointed by the Senior Vice Provost and serve for a term of two years as chair. The appointment of the chair is subject to the approval of the president and is renewable. The chair’s membership on the Committee shall be extended until completion of the term as chair.
    3. Review Panels
      1. Review Panels review cases.
      2. Committee members are not precluded from filing their own grievances simply by virtue of their membership on the Committee. However, Grievants may not serve on the Review Panel for their own grievances.
      3. Unless authorized by applicable law, 委员会和审查小组的所有成员不得向没有直接参与处理或解决申诉或没有其他合法需要知道的第三方披露或讨论与任何和所有申诉有关的事实.
  4. Informal Resolution Process 
    教师应首先与采取该行动或做出该决定的管理员讨论有关的行政行为/决定,以试图解决问题. 以下时间表的例外请求应提交给高级副教务长,他将做出批准此类期望的决定.

    因为年度绩效评估过程包括与非正式解决过程(主席和教员之间的讨论)相似的步骤, review by a faculty peer review committee, and the opportunity to provide written objections to the Dean), 有关年度绩效评估的不满绕过非正式解决程序,并从第九节所述的步骤开始.E. Formal Grievance Procedure.
    1. Informal Dialog
      1. 投诉人有义务认真努力,通过直接对话与被投诉人解决申诉. The Grievant can request that their department chiar//school director, Dean and/or university ombudsperson be included in the conversations. 投诉人与被投诉人之间的对话应在投诉人收到根据本政策可申诉的行政行为或决定通知之日起30个工作日内启动.
      2. If a resolution has not been achieved within 15 Business Days, the informal dialog period may be considered complete.
    2. Written Complaint
      1. Only after the informal dialog period is complete should a written grievance be filed.
      2. The Grievant shall present the Complaint in writing to the Respondent for discussion, consideration, and resolution within 10 Business Days from the date that the informal dialog stage is complete. A copy of the Complaint should be sent to the Chair of the Committee.
      3. 本书面投诉书应与启动正式申诉程序时提交的书面投诉书相同,如果投诉进展到正式申诉程序阶段.
      4. The Respondent must respond in writing within 10 Business Days after receipt of the Complaint. If the Respondent is the Grievant’s immediate supervisor, 投诉人也可以向被投诉人的直接主管提出投诉,后者将要求被投诉人提供书面答复.
      5. After receipt of the written response from the Respondent, the Grievant may decide that the issue has been resolved or may request Administrative Resolution. 行政解决请求必须在收到被投诉人书面答复后的五个工作日内提出.
    3. Administrative Resolution
      1. Once the Complaint request Administrative Resolution, the Chair of the Committee shall forward the written materials to the Dean, 谁应在收到委员会主席转发的材料后10个工作日内向委员会主席提交一份书面决议草案.
      2. If the Dean is a Respondent, the Chair of the Committee shall forward both the Complaint and the Response to the Provost’s Designee, who shall provide a written proposed resolution to the Chair of the Committee.
      3. The written proposed resolution may either recommend dismissal of the Complaint outright, or recommend a solution to resolve the dispute. The 3.3 行政决议应在收到材料后30个工作日内完成工作,并将结果通知委员会主席.
      4. The Complaint (and supporting materials), Response (and supporting materials), 以及书面提议的解决方案,然后包括构成案件正式文件的材料,如果涉及正式申诉,将由审查小组进行审查.
      5. The Chair shall forward the written proposed resolution to both the Grievant and the Respondent. If both parties agree to the written proposed resolution, 则委员会主席应将该决议书面通知高级副教务长,并结束申诉程序.
      6. If the grievance has been successfully resolved by the Administrative Resolution to both parties’ satisfaction, 该决议应由教务长指定人以书面形式提交给委员会主席和高级副教务长, thereby concluding the grievance process.
      7. If there is no informal resolution to the Complaint, the Chair of the Committee shall then inform the Grievant that he/she may initiate the Formal Grievance Procedure.
  5. Formal Grievance Procedure
    1. Initiation of the Formal Grievance by Grievant
      1. If the grievance is not resolved in the steps outlined above for the Informal Resolution Process, 投诉人可在委员会主席通知投诉人后的15个工作日内启动正式申诉程序. Grievances regarding Annual Performance Evaluations begin at this stage.
      2. The Grievant initiates the Formal Grievance Procedure by the submission of the Written Complaint, with supporting materials, to the Chair of the Committee. This will be the only opportunity for the Grievant to present electronic materials related to the grievance.
      3. If the grievance concerns an Annual Performance Evaluation, the Grievant must initiate the Formal Grievance Procedure by December 15 following the conclusion of the evaluation period. If the grievance concerns a matter other than an Annual Performance Evaluation, 在委员会主席发出正式程序启动正式申诉程序的通知后,投诉人有15个工作日的时间.
      4. The materials submitted by the Grievant may include documentary or other evidence. 投诉人对文件的任何请求都应提交给在线博彩公共信息官或指定人员,并根据德克萨斯州公共信息法进行处理.
      5. Upon submission of the Complaint, the Grievant shall be advised by the Chair of the Committee of the grievance procedure as outlined in this section.
      6. The burden of proof shall rest with the Grievant to prove, by a preponderance of the credible evidence, that the administrative decision or action he or she is grieving under this policy:
        1. is not in substantial compliance with established university criteria or procedures;
        2. has no rational basis;
        3. was made for reasons that are unlawful under the state or federal constitution, laws, or court decisions; or
        4. violates a written agreement signed by the faculty member and an authorized representative of the university, with all the necessary approvals by the university and the UT System.
    2. Respondent's Notification of Grievance and Response
      1. Within five business days of the Chair of the Committee being notified of the filing of a formal grievance, 主席应通知被投诉人正式申诉已被提交,并向被投诉人提供投诉书副本以及投诉人提交的支持材料.
      2. The Respondent shall be given the opportunity to file a written response to the Complaint, with any relevant supporting materials (hereafter, the “Response”), within 15 Business Days of receipt of notification of the Complaint and the Complaint materials by the Chair of the Committee. These materials may include documentary or other evidence. This will be the only opportunity for the Respondent to submit materials related to the grievance. 委员会主席应在五个工作日内向投诉人提供一份答复及相关支持材料的副本.
    3. 审查小组对申诉的审查和最终行政决定(下面提到的时间表可能会合理地改变,以适应大学的日程安排和减轻情况 such as during the summer months or between the fall and spring semesters, contingent upon the availability of faculty to serve on a Review Panel)
      1. If the informal dialog, written complaint, and administrative resolution is not accepted by both parties, the Chair of the Committee shall notify both parties and the Senior Vice Provost. Within five Business Days of such notification, the Grievant may request that the Review Panel consider the matter. If the Grievant does not do so within this period, the Grievance is considered withdrawn and cannot be refiled. If the Grievant requests a review by a Review Panel, 委员会主席应选择一个由三名教员委员会成员组成的独立小组作为审查小组,在收到申诉者要求小组审查的请求后十个工作日内选出. 审查小组成员将由委员会主席通过随机程序选出,以尽量减少其成员与投诉各方之间的潜在利益冲突.
      2. The Review Panel is to review solely the record before it. 审查小组必须审查由委员会主席提供的由投诉人和被投诉人提交的材料. A decision to interview witnesses is within the sole discretion of the Review Panel is final.
      3. The Review Panel shall select its own chair and no member of the panel shall have been involved in the grievance in any way. Review panel membership is defined further by the following:
        1. If any member of the Review Panel is of the view that he or she cannot serve with fairness and objectivity, 从该成员意识到妨碍继续服务的任何时间起,该人员不得参与对申诉的审查.
        2. Either party may move to disqualify a Review Panel member whose service is alleged to be in violation of these provisions. 委员会主席应决定被质疑的委员是否能公正客观地处理此事.
        3. If a Review Panel member must be replaced, the Chair of the Committee shall assign a substitute chosen from the membership of the Committee, in accordance with Section IX E.3.3.1
        4. Either party may challenge the overall composition of the Review Panel. Such challenges must be made within five Business Days of the appointment of the Review Panel. If the challenge is upheld by the Chair of the Committee, a new Review Panel will be selected by the Chair of the Committee in accordance with Section IX.E.3.3.1
      4. The Review Panel may meet and conduct interviews for its review as it deems necessary. The Review Panel shall ensure that all parties are afforded a fair and objective review of the case.
      5. The Panel may submit written questions to the Grievant, the Respondent, and any witnesses identified by the Grievant or the Respondent if it needs clarification regarding any items in the Materials. Additionally, the Review Panel may interview any of these parties regarding those specific items. The decision to seek additional information or to interview witnesses is left to the Review Panel. 即使投诉人和/或被投诉人不建议(如第IX条所述),审查小组也可以寻求更多信息或进行面谈.E.2.
      6. Within 30 Business Days of the review panels initial meeting and after review of the Materials, the Review Panel shall provide their findings and shall recommend one of the following actions:
        1. dismiss the Complaint due to failure to state a claim upon which relief may be granted;
        2. dismiss the Complaint due to failure to meet the burden of proof;
        3. accept the written proposed resolution of the Complaint;
        4. suggest a modified resolution for the Complaint; or
        5. schedule a limited hearing for the sole purpose of clarifying the written evidence through verbal testimony.
      7. 审查小组的所有调查结果和建议应由其全体成员的多数决定,并应由委员会主席转交给投诉人和被投诉人以及教务长, along with the Materials and any additional information, if offered, for final resolution.
      8. If none of the actions in IX.E.3.6 are taken by the Review Panel within the allotted time period (30 Business Days), the Materials and any additional information collected by the Review Panel, shall be forwarded by the Chair of the Committee to the Provost for final resolution.
      9. The Provost shall provide a final written resolution to all parties (Grievant, Respondent, Dean, Senior Vice Provost, and Chair of the Committee) within 20 Business Days of receipt of the Materials provided by the Chair of the Committee.
        1. The Provost may endorse, modify, or reject the recommendations of the Review Panel.
        2. 教务长的决定应结束申诉程序的所有申诉事项,他或她有最终权力.
        3. If the Provost is a Respondent to the Complaint, then the President, or President’s designee shall provide the final written resolution in place of the Provost.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


None


XII. APPENDIX


None


XIII. Dates Approved/Amended


08-01-2023
10-26-2020

04-07-2017