Endorsement of Thirteen Policies and Formation of a Workgroup on Grievance Procedures

Number: 
US14/15-41
Date of Notice: 
Wed, 01/28/2015
Legislation, Resolution, or Policy Adoption: 
Policy Adoption
Current Status: 
Approved on 1/28/15
Motion: 

Section I

1.1 WHEREAS, the transition to a new Board of Trustees for the University under the law popularly known as Senate Bill 270 of 2013 removed the State Board of Higher Education as a future source of policies for the University of Oregon; and

1.2 WHEREAS, a number of policies adopted by the State Board of Higher Education in the past involve academic matters as commonly understood in higher education, including those that assure due process for grievances and appeals by officers of administration and faculty; and

1.3 WHEREAS, Section 170 (8) of Senate Bill 270 provides:

(8) Notwithstanding any other provision of this section, the lawfully adopted rules and policies of the State Board of Higher Education pertaining to a university with a governing board that are in effect on the effective date of this 2013 Act continue in effect until lawfully superseded or repealed by the standards or policies of the governing board or the university [emphasis added]; and

1.4 WHEREAS, members of the faculty and Officers of Administration require clear and consistent policy procedures to address applicable grievances and appeal processes;

1.5 WHEREAS, the compilation of “571 rules” and “580 rules” listed that provide, as applicable,adequate and necessary grievance and appeal processes for Officers of Administration and faculty not otherwise represented through a collective bargaining agreement; and

1.6 WHEREAS, the “571” and “580” rules listed in Section II below are unclear and at times inconsistent,

Section II

2.1 BE IT MOVED that the following 11 “571 rules” (contained withinhttp://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20571%20-%20Division%203.pdf) have been reviewed by the Senate and are hereby endorsed by the University Senate, and the President is requested to record this endorsement in an appropriate place in the Policy Library, both online and in other files:

24

OAR

571-003-0000

Grievance Procedures

Introduction

25

OAR

571-003-0001

Faculty Grievance Procedures

Faculty Grievance Procedure Definitions

26

OAR

571-003-0003

Faculty Grievance Procedures

Faculty Grievance Process Digest

27

OAR

571-003-0004

Faculty Grievance Procedures

Faculty Informal Grievance Procedure

28

OAR

571-003-0005

Faculty Grievance Procedures

Faculty Formal Grievance Procedure

29

OAR

571-003-0006

Faculty Grievance Procedures

Student-Faculty Committee on Grievances

30

OAR

571-003-0007

Faculty Grievance Procedures

Composition of Faculty Grievance Appeal Committees

31

OAR

571-003-0015

Faculty Grievance Procedures

Appeal of Failure to Grant Promotion or Tenure When Such Decision Results in Terminal Notice

32

OAR

571-003-0016

Faculty Grievance Procedures

Appeal of Non-Terminal Denial of Promotion or Tenure

33

OAR

571-003-0017

Faculty Grievance Procedures

Non-Renewal of a Fixed-Term or Annual Appointment

35

OAR

571-003-0025

Faculty Grievance Procedures

Prohibited Discrimination, Discriminatory Harassment and Sexual Harassment

2.2 BE IT FURTHER MOVED that the following “580 rules”  (contained at http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2021.pdf) have been reviewed by the Senate and are hereby endorsed by the University Senate, and the President is requested to record this endorsement in an appropriate place in the Policy Library, both online and in other files:

282

OAR

580-021-0050

Conditions of Service

Grievance Procedures

283

OAR

580-021-0055

Conditions of Service

Appeal of Grievance Decisions

2.3 BE IT FURTHER MOVED that the University Senate establish a workgroup on “Grievance and Appeal Policies” composed of:

one statutory faculty member from the Senate, one Officer of Administration from the Senate, one additional faculty member, one additional OA, one member from the PAC, and one administrative representative from the Office of Human Resources.

2.4 BE IT FURTHER MOVED that the University Senate charges the workgroup on Grievance and Appeal Policies to:

a) review the OARs listed above and identify all of the necessary criteria for grievance procedures and appeal processes as they pertain to coverage for all Officers of Administration and faculty not otherwise represented;

b) consult with the Senate Equity, Diversity and Inclusion Advisory Committee to incorporate any recommended revisions to the following:

35

OAR

571-003-0025

Faculty Grievance Procedures

Prohibited Discrimination, Discriminatory Harassment and Sexual Harassment


c) propose a revision and consolidation plan to the University Senate by March 11, 2015. The workgroup may determine that some of the policies are best retained in their current form as stand-alone policies while others may require extensive modification and consolidation. This report to the Senate should clarify plans for policy development and adoption;

d) draft revisions into a group of policies that assure grievance procedures and appeal processes are available for all OAs and all non-represented faculty.

e) Present draft policies to Senate by April 29, 2015. 

Financial Impact: 
Cost Neutral
Sponsor: 

Senate Executive Committee; Michael Dreiling (Sociology), Senator, and Lisa Raleigh (Director of Communications, CAS), Senator

Legislative History: 

See adoption notes at the end of each existing “580 rule” and “571 rule.”