Responsibilities of The Grievance Board Chair
- 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.
- 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.
- Read the General Grievance Board Policy, Hearing Procedure, Appendix
G of the University
Handbook, very thoroughly.
- 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.
- 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.
- The written notification sent to both parties should
include (See sample copy
of letter):
- A copy of the grievance.
- Request for a preliminary list of:
- all documents to be introduced,
- witnesses to be called,
- documents requested from the other party,
- name of the attorney (if one is to be used),
- the name and title of non-lawyer (advocate),
and
- a request from the respondent(s) to provide a written
summary to the allegations contained in the grievance.
- statement to insure that copies of all documents are sent to the
GGB chair and to the other party.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- On the 20th day from notification, final changes to any documents
should be received from both parties.
- 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.
- 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.
- 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.)
- 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).
- Write personal note to each panelist.
- 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.
- Take all original copies of documents and have them placed on file
in the Faculty Senate Office.
- Ensure that panelists shred their documents.