A. Grievance Initiation and Informal Resolution

1. Under this section, a faculty member may initiate a Grievance (1) against another faculty member; or (2) against the College if the College has issued written disciplinary action against the faculty member. 
2. The Provost will seek to resolve the Grievance informally by consulting with the faculty member, the faculty member’s department chair, and others whose knowledge or experience may be of help in settling the dispute.
3. Within sixty calendar days of receiving the faculty member’s Grievance, the Provost will report the substance of this informal consultation, including any proposed resolution, to the faculty member in writing.  If the Provost determines it is appropriate, the Provost will suggest that the dispute be resolved through mediation, as outlined in this Section.  Any party to the dispute may refuse mediation.  

B. Mediation

1. If the Parties have agreed to mediation, the Provost or their designee will contract a neutral, external mediator who will help build consensus toward resolving the grievance.  Mediation is based on the principles of neutrality and confidentiality.
2. The mediator will provide the parties with a safe process that encourages them to share their perspectives about the issue and develop a strategy for moving forward.
3. The parties to the mediation must understand that they are not there to present evidence or to determine who is right or wrong. Rather, the parties are asked to collaborate to find a solution to their joint concern.
4. Confidentiality.  The mediator will not disclose any information about the mediation to outside parties.  Likewise, the parties will keep any documents and any information exchanged in the mediation confidential to the mediation process.  They may not discuss or use the documents or information in any College adjudication, hearing, or legal process against the other party, unless otherwise required by law or a legal process.

C. Hearing Committee Review

1. In the absence of a satisfactory resolution through mediation or in the case where any party refuses mediation, the faculty member may request a hearing by submitting a written request to the chair of the Grievance Committee, with a copy to the Provost.  Upon receipt, the Grievance Committee will appoint a Hearing Committee as set forth in Section VI.
2. Preliminary Investigation
   1. For Grievances that fall under this section only, the Hearing Committee will conduct a preliminary investigation to determine whether the evidence warrants a hearing.
   2. At the request of the Hearing Committee, the administration and/or faculty members who are parties to the dispute will make available to it all relevant evidence in their possession.
   3. The College will provide the Hearing Committee such information to the extent it may do so without violating any rule, regulation, or law, or unnecessarily violating the privacy of individuals who are not a party to the grievance.
   4. Prima Facie Case.  Within ten calendar days of being stood up, the Hearing Committee will meet and decide whether there is a prima facie case warranting a hearing or if the Grievance should be dismissed.
   5. Notification. Upon making this decision, the Hearing Committee will notify the parties to the dispute, the President, the Provost, and the Associate Vice President of Human Resources if:
      1. the Grievance includes issues of discrimination that would be addressed via other policies;
      2. it has decided to dismiss the Grievance; or
      3. it has decided to proceed to a full hearing, in which case, the notice shall include the time and place of the hearing.
3. Dismissal of Request for Hearing–
   1. By a majority vote in favor, the Hearing Committee may dismiss a Grievance on the grounds that substantial evidence does not support the claim of the aggrieved faculty member.
   2. If there are multiple contentions within the Grievance, the Hearing Committee may decide by majority vote to dismiss some portion(s) of the grievance.
4. Hearing: Any Hearing must conform to the provisions and procedures set forth in Section VI as well as the following provisions:
   1. Evidence and Witnesses:
      1. The Hearing Committee, the Provost, and all parties directly involved in the dispute have the right to call, present, and question witnesses and to request and supply documentary evidence.
   2. Closed Hearings. Hearings conducted under this section will be closed to the public, and the parties may not be represented by legal counsel in the hearings.
      1. The Provost; the parties directly involved in the Grievance, as determined by the chair of the Hearing Committee; and the AVP of Human Resources are entitled to attend the hearing.
      2. Any party may be accompanied by an advisor chosen from the College faculty or administration. A party’s advisor may ask clarifying questions and advise the party, but may not present a case on the party’s behalf.
   3. Hearing Committee Decision. After the conclusion of the hearing, the Hearing Committee will meet in a closed session to review all information presented during the hearing and make a written recommendation on the Grievance.
      1. The recommendation will include a decision on the merits of the grievance and provide explicit recommendations about appropriate restitution, if any.
      2. Within twenty calendar days of making a decision on the Grievance, the Hearing Committee will submit its written recommendation to the President.
5. Review by the President.
   1. Within twenty calendar days of receiving the Hearing Committee’s recommendation, the President must accept or reject that recommendation in writing.
   2. Acceptance.  If the President accepts the recommendation of the Hearing Committee, the case is closed.  The President’s office will inform, in writing, the Grievance Committee, the Provost, and all parties of the resolution of the Grievance.  This notice will also include a projection of how and when the College will carry out the Hearing Committee’s recommendation.
   3. Non-Acceptance.  If the President does not accept the Hearing Committee’s recommendation, within fifteen calendar days of making that decision, the President will meet with the chair of the Hearing Committee and an additional member of the Grievance Committee to discuss differences to determine if they can reach a mutually agreed upon outcome.
      1. If the parties are able to resolve the Grievance through this meeting, within five calendar days of the meeting, the participating member of the Grievance Committee will make a written report of the outcome and send copies to the President, the parties, and the Grievance Committee.
      2. Finality.  If the Parties are not able to resolve the Grievance through this meeting, the President’s decision shall be final.  Within five calendar days of that determination, the President’s Office will inform the parties and the Grievance Committee of the outcome.