Filing a Grievance - Responsibilities of Grievant
Before filing a grievance, the faculty or unclassified profession must
follow the administrative appeal process as stated inthe General Grievance
Board Policy and Hearing Procedures found in Appendix
G, section B of the University
Handbook
Administrative Appeal
Contact a university ombudsperson
to assist with the administrative appeal.
- Listed below are the current ombudspersons for the University.
One ombudsperson to be announced Fall 2009
Todd Simon
School of Journalism and Mass Communication
Phone: 341-6575
Email: simont@k-state.edu
Michael Dikeman
Animal Sciences and Industry
Phone: 532-1225
E-mail: mdikeman@k-state.edu
- For tenure: “If the finding of the deans council is
to not grant tenure, the candidate may appeal this decision to the provost
within a period of fourteen calendar days of receiving notification.
If the provost concurs with the finding of the deans council to not
grant tenure, the candidate then has the option to file a grievance
with the General Grievance Board.”
“If the finding of the dean’s council is to grant tenure,
the provost then reviews the case. If the provost does not concur with
the finding of the deans council, then the provost will offer to arrange
a meeting with the candidate, the senior dean, and a tenured faculty
moderator mutually acceptable to the provost and the candidate, within
a period of fourteen calendar days of notification of provost's decision.
If no agreement is reached, then the provost will provide the candidate,
the department chair/head, the dean of the candidate's college, and
the deans council, written reasons for the decision. At that point,
the candidate has the option to file a grievance with the General Grievance
Board.”
- For promotion: “If the finding of the deans council
is to not grant promotion, the candidate may appeal this decision to
the provost within a period of fourteen calendar days of receiving written
notification. If the provost concurs with the finding of the deans council
to not grant promotion, the candidate then has the option to file a
grievance with the General Grievance Board.”
If the finding of the deans council is to grant promotion, the provost
then reviews the case. If the provost does not concur with the finding
of the deans council, then the provost will offer to hold a meeting
with the candidate, the senior dean (longest serving), and a tenured
faculty moderator mutually acceptable to the provost and the candidate,
within a period of fourteen calendar days of notification of provost's
decision. If no agreement is reached, then the provost will provide
the candidate, the department chair/head, and the dean of the candidate's
college, and the deans council, written reasons for the decision. At
that point, the candidate has the option to file a grievance with the
General Grievance Board.
Filing A Grievance:
- Obtain an advocate to assist with the grievance process. An advocate
should be a senior faculty member. Ask the ombudsman or senior faculty
in the college to recommend an advocate.
- Ensure before the grievance is filed that all administrative remedies
have been exhausted. These include:
- The nature of the grievance and the decisions that led
to the grievance. This may include decisions concerning reappointment,
tenure, dismissal, promotion, salary, working conditions, discrimination,
or any other matters related to employment of a faculty member or
other unclassified professional.
- A grievance may be filed by either a current or former
faculty member or unclassified personnel. However, grievances must
be submitted within one year of the latest incident of the administrative
action/inaction.
- The grounds for the grievance which should include, but
not be limited to:
- a violation or misapplication of the written rules,
regulations, or established practices governing the university,;
- improper, arbitrary, or capricious action of the
university or its agents ;
- violation of academic freedom; and
- discrimination.
- Explanation of how the grievance was attempted to be
resolved through the administrative appeals process as stated in
Appendix G section B of the University Handbook. For a grievance
alleging discrimination, exhaustion of administrative remedies also
includes a review of the discrimination allegations by the Office
of Affirmative Action.
- Submit a written request to the GGB chair with a detailed statement
of the grievance which should include:
- an account of the alleged administrative action/inaction
which gave rise to the grievance and the dates;
- the name(s) of the administrator(s) who will be the respondent(s);
- the precise grounds upon which the grievance is based;
- whether an “open” or “closed”
hearing is requested; and
- The nature of the relief sought.
- Hand deliver the written request to the Chair of the GGB.
- Follow procedures as stated in the written notification of acceptance
and in Appendix G,2.
- Ensure that copies of all follow-up documents as stated in the written
notification of acceptance and time guidelines are provided to the Chair
of the GGB and to the administrative respondents within the required
times.
- After the date of the hearing has been set, contact witnesses to ensure
that they can testify.
- Review list of panelists to determine if there is a conflict of interest
or other just cause to remove a panelist.
- At any time, contact GGB chair for questions or concerns.
- Five workdays before hearing meet with the advocate, the Chair of
the GGB, and the Chair of the Hearing Panel to discuss hearing procedures.
- Contact witnesses to reconfirm time, date, and location of hearing.