1. Policy Statement
1.1. Oregon State University (“university”) recognizes and encourages open communication and informal resolution of academic and professional faculty disputes wherever possible. The university makes options available to its academic and professional faculty for the good faith review and resolution of disputes and Grievances. These options include:
1.1.1. Informal procedures to encourage prompt resolution of disputes that can include consultation, problem solving, or facilitated discussion; and
1.1.2. Procedures reserved for Grievances not resolved through informal efforts.
2. Reason for Policy
2.1. The university encourages the resolution of disputes through informal means and discussion in keeping with the collegial atmosphere of a university. The university is also committed to a formal Grievance procedure for consideration of disputes that are not resolved through informal procedures.
3. Scope & Audience
3.1. This University Policy applies to academic and professional faculty employed by Oregon State University as defined in Art. Ill Sec. 1 of the Faculty Senate Bylaws, unless otherwise noted. Any references to “faculty” in this University Policy refers to both academic and professional faculty.
3.2. This procedure may be used to hear any Grievance as defined in Section 4.3 of this University Policy. Excluded from this University Policy are:
3.2.1. Undergraduate or graduate student grievances.
3.2.2. Grievances alleging discrimination or discriminatory harassment as addressed in University Policy 04-100 Discrimination and Discriminatory Harassment; retaliation as addressed in University Policy 04-110 Retaliation; or sexual misconduct or sex discrimination as addressed in University Policy 05-001 Sexual Misconduct and Sex Discrimination.
3.2.3. Alleged violations of any University Policy or University Standard with its own formal appeals process.
3.2.4. Non-renewal of employment appointments unless the circumstances meet the definition of Grievance in Section 4.3.
3.2.5. Sanctions of academic faculty members for cause that may be heard through procedures described in the faculty collective bargaining agreement or University Policy 580-021 Conditions of Service, depending on whether the academic faculty member is represented by a collective bargaining unit.
3.3. The university recognizes the procedures in this policy as distinct from the Grievance procedure negotiated with a certified bargaining unit and contained within a collective bargaining agreement.
3.3.1. Faculty members who are represented by a collective bargaining unit may choose to pursue a Grievance either under this policy or through the Grievance procedure outlined in their collective bargaining agreement, but not both.
3.4. The university will not proceed with a Grievance under this University Policy if the Grievant also seeks resolution in another internal or external forum, including but not limited to a collective bargaining agreement Grievance or arbitration process.
4. Definitions
4.1. Day: Calendar day. This definition will be applied unless otherwise mandated by federal, state, or other regulatory requirements.
4.2. Faculty Grievance committee: A committee of the Faculty Senate charged with the responsibility for hearing faculty Grievances in accordance with this policy.
4.3. Grievance: Any complaint by a Grievant that there has been a violation, misinterpretation, or improper application of a University Policy, University Standard, unit rule, or procedure. Grievants may not challenge the substantive merits of a decision made by an authorized decision-maker.
4.4. Grievant: The academic or professional faculty member alleging damage or injury to themselves by the Grievance.
4.5. Third-party neutral: An individual who is trained to assist in the resolution of a dispute, such as a Faculty Mediator, Ombuds, or Employee and Labor Relations staff.
4.6. Unit leader: The relevant dean, vice provost, or vice president.
5. Responsibilities & Procedures
5.1. Faculty Grievance Procedure, Generally
5.1.1. Faculty are encouraged to resolve their disputes through informal procedures; however, faculty are not required to use informal procedures before filing a written Grievance.
5.1.2. The Grievance must be filed within 30 days of the time the Grievant knew or should have known of the acts which gave rise to the Grievance. Therefore, supervisor discussions or informal mediation should be initiated as soon as possible. The university will automatically extend the filing requirement to 60 days if the faculty member is attempting to resolve the dispute informally pursuant to Section 5.2.
5.1.3. Failure to initiate a Grievance or an appeal within the specified time limits constitutes a waiver of the Grievance and acceptance of the decision rendered.
5.1.4. In the event a decision is not made at any level within the designated time limit, the Grievant may submit the Grievance to the next step.
5.1.5. A Grievant may withdraw their Grievance at any point.
5.2. Informal Procedures
5.2.1. Generally, disputes are handled through informal discussion. Faculty are encouraged to:
a. Discuss disputes with their immediate supervisor (or director, or Unit Leader, if the immediate supervisor is the subject of the dispute). If the dispute is with a Unit Leader and the Unit Leader is the immediate supervisor, discuss the dispute with that Unit Leader’s immediate supervisor.
b. Avail themselves of any university resource with people trained and charged with dispute resolution responsibilities (e.g., Employee and Labor Relations, University Ombuds Office, Faculty Mediator).
5.3. Filing a Grievance
5.3.1. If a dispute is not resolved to the satisfaction of the faculty member at the informal stage, or if the faculty member chooses to bypass the informal stage, the faculty member may file a written Grievance.
5.3.2. The written Grievance must contain the Grievant’s name and work address; the date and nature of the act or omission which gave rise to the Grievance; the University Policy, University Standard, unit rule, or procedure alleged to have been violated or misapplied; the remedy requested by the Grievant; and the Grievance filing date.
5.3.3. A Grievance must be filed with the General Counsel, and:
a. The faculty member’s supervisor (or director, or Unit Leader, if the immediate supervisor is the subject of the Grievance).
b. The Provost, if the Unit Leader was the decision-maker on the matter being grieved.
c. The President, if the Provost was the decision-maker on the matter being grieved.
5.4. Grievance Procedure, Generally
5.4.1. If the Grievance was filed with the Grievant’s supervisor (or director, or Unit Leader, if the immediate supervisor is the subject of the Grievance), the Grievance must follow the following steps and timelines:
a. The faculty member’s supervisor (or director, or Unit Leader, if the immediate supervisor is the subject of the Grievance) will review the Grievance and send a written decision to the Grievant within 20 days of receipt of the Grievance.
b. If the decision of the supervisor (or director, or Unit Leader, if the immediate supervisor is the subject of the Grievance) is unsatisfactory to the Grievant, the Grievant may file a written appeal to their Unit Leader, if that Unit Leader has not already heard the Grievance. The Unit Leader or their designee will review the Grievance and send a written decision to the Grievant within 20 days of receipt of the Grievance or within 20 days of any meeting held regarding the Grievance.
c. If the decision of the Unit Leader or their designee is unsatisfactory to the Grievant, the Grievant may file a written appeal to:
i. The Faculty Grievance Committee with copy to the General Counsel, or
ii. The Provost, with copy to the General Counsel.
iii. The written appeal to the Faculty Grievance Committee or the Provost must be filed within 10 days of receipt of the Unit Leader’s decision, stating why the Unit Leader’s decision is deficient.
5.4.2. If the Grievance was filed with the Provost, the Provost will review the Grievance and send a written decision to the Grievant within 20 days of receipt of the Grievance. Prior to issuing a decision the Provost may interview any person and review any documents concerning the Grievance, provided that the decision identifies persons interviewed or documents reviewed. The Grievant must be informed of any additional information obtained by the Provost and given seven days to respond. The decision of the Provost may be appealed to the Faculty Grievance Committee with copy to the General Counsel. The appeal must be filed within 10 days of receipt of the Provost’s decision, stating why decision of the Provost is deficient.
5.4.3. If the Grievance was filed with the President, the President or their designee will review the Grievance and will issue a decision within 30 days of receiving it. Prior to issuing a decision the President may interview any person and review any documents concerning the Grievance, provided that the decision identifies persons interviewed or documents reviewed. The Grievant must be informed of any additional information obtained by the President and given seven days to respond. Copies of the decision will be provided to the Grievant, their supervisor, the relevant Unit Leader, the Provost, and the General Counsel. The decision of the President or their designee is final and binding.
5.5. Faculty Grievance Committee Procedures
5.5.1. If the Committee determines the matter meets the definition of a Grievance and that all required steps have been taken by the Grievant, the Committee will schedule a hearing and send to the Grievant a written notice of the time and place of the hearing at least seven days prior to the hearing.
a. The Committee chair is authorized to make decisions about the timing of the hearing.
b. The Committee chair is authorized to make decisions about the admissibility of evidence. While formal court rules of evidence do not apply, evidence should be of a type normally relied upon by a reasonably prudent person in the conduct of his or her serious affairs. Evidence that is repetitive, irrelevant or immaterial may be excluded by the Committee chair.
c. The Chair of the Grievance Committee may hold pre-hearing meetings with the parties to prepare for the orderly and efficient administration of the hearing, including but not limited to hearing and deciding on what will be allowed as evidence and other procedural questions.
d. A Grievant or the person or persons who are the object of the Grievance may be accompanied by or represented at the hearing by any other person.
e. At the Committee hearing, the Grievant (or their representative) will present their Grievance first, followed by the person or persons who are the object of the Grievance (or their representative), followed by any response the Grievant wishes to provide.
f. Each party may call and examine witnesses and introduce exhibits or other documents. The members of the Committee may question any witness and may call additional witnesses.
g. Either party may provide for and obtain a sound recording of the hearing or, if the hearing is online, a recording of the online hearing through the online platform.
h. The hearing may be open to the public at the option of the Grievant to the extent allowed by law. However, deliberations of the Committee are not open to the public or the parties.
i. The Committee’s report will be made in the form of a written recommendation to the Provost within 60 days of receipt of the appeal to the Committee, unless agreed to by the Grievant.
j. The Committee’s report and recommendation will be based only upon evidence presented at the hearing. Any factual conclusions must be supported by more evidence in favor of the conclusions than against them (i.e., a “preponderance of the evidence” standard). The recommendation must include a description of the Grievance, the evidence the Committee collected, and its factual conclusions and recommendations for disposition of the matter. Copies of the recommendation will be sent to the faculty member, their supervisor, and the relevant Unit Leader. The report will be sent to:
i. The President, if the Grievance was first filed with the Provost. The President or their designee will review the recommendation of the Committee and will issue a decision within 30 days of receiving it. If the President rejects or modifies the recommendations of the Committee, the reasons must be stated in writing. Copies of the decision will be provided to the Grievant, their supervisor, the relevant Unit Leader, the Provost, the General Counsel, and the Committee. The decision of the President or their designee is final and binding.
ii. The Provost, for all other Grievances. The Provost or their designee will review the recommendation of the Committee and will issue a decision within 30 days of receiving it. If the Provost rejects or modifies the recommendations of the Committee, the reasons must be stated in writing. Copies of the decision will be provided to the Grievant, their supervisor, the relevant Unit Leader, the General Counsel, and the Committee. The decision of the Provost or their designee is final and binding.
5.6. Provost’s Review of Direct Appeal
5.6.1. The Provost or their designee will review the direct appeal to the Provost pursuant to 5.4.1.c.ii. and will issue a decision within 30 days of receiving it. Copies of the decision will be provided to the Grievant, their supervisor, the relevant Unit Leader, and the General Counsel. The decision of the Provost or their designee is final and binding.
5. Responsibilities & Procedures
6.1. Frequently Asked Questions
6.1.1. Question: Can I use this policy to resolve a Grievance on behalf of another academic or professional faculty member?
Answer: No. You may only use this policy to resolve a Grievance affecting yourself.
6.1.2. Question: What if the person who is supposed to hear my appeal is the subject of my Grievance?
Answer: The Grievant may escalate the matter to the next level of management. For example, if a decision by the Unit Leader is the subject of the Grievance, the Grievant may appeal directly to the Provost. If a decision of the Provost is the subject of the Grievance, the Grievant may appeal directly to the President.
History
Adopted: Oregon State University adopted University Policy 576-050 Faculty Grievance Procedure and University Policy 580-021 Conditions of Service from Oregon Administrative Rules 576-050-0000 Faculty Grievance Procedure and University Policy 580-021 Conditions of Service on July 1, 2014.
Revised: University Policy 576-050 Faculty Grievance Procedure and the faculty Grievance provisions 580-021-0050-580-021-0055 of University Policy 580-021 Conditions of Service were consolidated, revised and renumbered as University Policy 01-225 Faculty Grievances on November 26, 2024.
Next scheduled review date: November 2029.
Contacts
Division of Academic Affairs
https://academicaffairs.oregonstate.edu
(541) 737-5105