Faculty Handbook-2.19 Grievances (Other Than Appeals)

Faculty Handbook-2.19 Grievances (Other Than Appeals)

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This section of the Faculty Handbook describes the policy for filing a grievance.
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2.19 Grievances (Other Than Appeals)

A faculty member may seek redress for a grievance, which is an action or decision that has materially and/or adversely affected his or her professional faculty capacity at UAB and appears to have been reached unfairly, improperly, or in violation of University policy. However, such a grievance does not include or apply to the following types of actions or decisions:

a.      Appeals regarding denial of reappointment, promotion, or tenure, which are covered by Section 2.17;

b.     Matters regarding judgment of professional qualifications of a faculty member which are vested in the department, college, school, or library peer groups, in academic administrators, or in third parties used by departments, college, schools, or library peer groups;

c.      Terminations, which are covered by Section 2.18 and Appendices B and C;

d.     Claims of discriminatory harassment, discrimination based on race, color, religion, sex, sexual orientation, gender identity, gender expression, age, national origin, disability unrelated to job or program performance, veteran status, or genetic or family medical history, all of which are subjects of University policy including but not limited to the policies covered in Section 3.8, unless such policy expressly incorporates this Handbook’s grievance procedures;

e.      Allegations or findings of research misconduct, which are covered by Section 3.5;

f.      Dissatisfaction with existing University policies, procedures or guidelines (only misapplications of a policy, procedure or guideline as to specific individuals are grievances within this policy);

g.     Decisions made by administrators in the ordinary course of their administration (including but not limited to teaching assignments and resource allocations), except as such a decision or set of such decisions is part of a pattern of conduct that as a whole rises to the level of grievance;

h.     Negative evaluations of an individual faculty member's professional work, other than negative evaluations that constitute violations of academic freedom, which might properly be characterized as a grievance (appeals of annual faculty evaluations are described in Section 2.14.3);

i.       Conflicts between faculty members unless the faculty member against whom the grievance is lodged was in that case acting in an administrative capacity;

j.       Dissatisfaction with a salary or other compensation decision, except as such a decision or set of such decisions is part of a pattern of conduct that as a whole rises to the level of grievance; or

k.     Decisions made by UAB public safety officers with respect to a faculty member.

 

A faculty member with a grievance may file a written complaint and may seek solution of the problem through the appropriate department chair or dean. Thus, each school, college, or UAB Libraries may develop and disseminate to its faculty a clear description of the unit’s grievance procedure. If unable to obtain a satisfactory resolution at the school, college, or UAB Libraries level, following established school, college, or UAB Libraries procedures, the faculty member may then file a written grievance with the Provost. Upon receipt of a written grievance, the Provost will review the grievance and will determine a course of action as appropriate. The grievance procedure is described in Appendix A of this Handbook.

The Provost shall report quarterly to the chair of the Faculty Senate the status of new and continuing Grievances and Termination for Cause cases during the reporting period.