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Kansas State University

 

Susana Valdovinos
Director of Academic Personnel
204 Anderson Hall
Kansas State University
Manhattan, KS 66506
785-532-4392
svaldovi@k-state.edu

Responsibilities of The Grievance Board Chair

 

  1. At the beginning of each fall semester, call a meeting of all GGB members to provide information about their role in the grievance process. This should include requirements of due process, the mechanics of fact finding, judicial review and liability of GGB members. The University Attorney usually provides the training. The Office of Academic Personnel can assist with setting date, time, and location and with contacting the GGB members and the attorney’s office.
  2. At the first meeting of faculty senate each fall semester, report the preceding year’s (1) number of grievances filed, (2) nature of grievances heard, and (3) other information about individual grievances considered to be a concern of the faculty senate. If needed, suggest recommendations for modification of relevant policies and procedures.
  3. Read the General Grievance Board Policy, Hearing Procedure, Appendix G of the University Handbook, very thoroughly.
  4. If a grievance is filed maintain objectivity and fairness at all times. Ensure that correct procedures are followed as stated below:
    *Note - persons that you will contact during this process are the administrative assistants for the administrative respondents and University attorneys, the Office of Academic Personnel, and the Faculty Senate.
    1. Within 5 workdays of receipt of the written request from the grievant, the GGB chair notifies both parties in writing of acceptance or rejection of the grievance. The chair must determine if the grievance falls within the jurisdiction of the GGB and if the materials presented by the grievant meet adequate standards of detail and clarity. The grievant must have exhausted all administrative appeals as stated in Appendix G, Section B of the university handbook. See Appendix G, Section C of the university handbook for further definition and explanation of grievances that can be accepted.

    2. The written notification sent to both parties should include (See sample copy of letter):
      1. A copy of the grievance.
      2. Request for a preliminary list of:
        1. all documents to be introduced,
        2. witnesses to be called,
        3. documents requested from the other party,
        4. name of the attorney (if one is to be used),
        5. the name and title of non-lawyer (advocate), and
        6. a request from the respondent(s) to provide a written summary to the allegations contained in the grievance.
      3. statement to insure that copies of all documents are sent to the GGB chair and to the other party.
      4. A time/date form for both parties to complete to determine dates for the hearing. (Count back 10 to 15 workdays from the 35 days that the hearing has to be held.) (See sample copy of letter).
    3. Send a letter along with a time/date form (See sample copy of letter) to all members of the GGB (except those in the grievant's department/college or the advocate's department to insure no conflict of interest) stating that a grievance has been filed, asking that they participate in the hearing, and they complete the time/date form and return to the GGB chair within 7 working days. This should be completed at the time the confirmation letter is sent to both parties.
      Note: Even though only 7 panelists (a presiding officer, 4 panelists, and 2 alternates) are needed, it is recommended that all members except those who have a conflict of interest be sent a letter because many GGB members will have other responsibilities during hearing dates.
    4. After receipt of time and date forms from grievant and administrative respondents, set tentative dates for the hearing. The hearing should be set for two consecutive days - starting at 8:00 a.m. to 5:00 p.m. on both days. The hearings are usually held in the Union.
    5. Contact Kristi Harper, Faculty Senate assistant, who will reserve two rooms at the Union (one for the hearing and another for the panel to convene and/or for witnesses to wait). If the rooms are not available at that time, then another date may have to be determined.
      Kristi Harper will also be responsible for ordering coffee and water, getting a tape recorder for the hearing, getting meal cards from the Union for the participants, and for making nametags. Once all names are finalized, she will need names of panelists, grievant and advocate, and administrative respondents for nametags and meal cards.
    6. After receipt of time and date forms from GGB members, determine which members are available on the tentative dates; contact them either by telephone or e-mail (their preference stated on time/date form). Confirm that they can participate in the hearing for two days. Select four panelists, a presiding officer, and two alternates.
      For selecting the presiding officer, it is recommended that they be contacted in person. This allows time to discuss the procedures and responsibilities of the chair.
    7. After dates and panelists have been confirmed, contact grievant and administrative respondents with the finalized dates and the names of panelists for their review (can be done through formal letter or by e-mail with panelist form attached). They have five working days to strike the names of any of the panelists. (If this is done, the GGB chair will be responsible for naming another panelist).
    8. Contact the Office of Academic Personnel to obtain a lawyer from KU or the Board of Regents who can act as a consultant to the panel.
    9. On the 20th day from notification, final changes to any documents should be received from both parties.
    10. After final changes have been received, have copies of all documents made. The Office of Academic Personnel will assist in making copies. (The provost’s office pays for the copying).
      The chair should separate the documents by headings using colored paper (i.e., initial grievance letter and date it was sent; grievant's witness list, etc.). If time allows, it would be best if the pages were numbered.
      Make 10 copies of all documents - one for each of the panelists (7), one for the administrative respondents, one for the grievant, and one for the chair or outside lawyer (consultant).
      Hand deliver copies of documents to the panelists. Ensure that they are kept confidential at all times.
      The GGB chair should keep all original documents until the hearing is complete.
    11. Five workdays before the hearing, meet with the presiding office, the grievant and his/her advocate to discuss procedures for the hearing and for calling witnesses. The panel chair should then discuss procedures with the administrative respondents.
      It should be clear to all what the procedures will be. Appendix G 3 outlines the procedures, however, they can be interpreted in several ways.
    12. Hold the hearing and assist the panelists, grievant, respondents and advocates as needed. The chair of the GGB does not have to be present at all times, however, it is important to ensure that the hearing is running smoothly and on time. (This is primarily the responsibility of the presiding officer, but he/she may need the GGB chair to interpret a policy, run an errand, etc.)
    13. After the hearing, write letters to each panelist’s department chair with copies to the dean, provost and panelists commending them for their service on the hearing panel. (See sample copy of letter).
    14. Write personal note to each panelist.
    15. Within 21 workdays of the end of the hearing, the presiding officer will submit the report of the panel to the GGB Chair. Within 5 workdays, send the report to the President of the University (see sample copy of letter), to both parties (see sample copy of letter) and to the President of Faculty Senate.
    16. Take all original copies of documents and have them placed on file in the Faculty Senate Office.
    17. Ensure that panelists shred their documents.