F. Faculty Grievance Procedure

Whenever possible, efforts should be made to resolve problems before the filing of a grievance. Open communication is encouraged so that the resort to this formal grievance procedure will seldom be necessary.

The purpose of this grievance procedure is to promote prompt and efficient investigation and resolution of the few grievances that will arise. The procedure outlined below will be the method for resolving all grievances, with the exception of any matters stemming from tenure denial, promotion denial, tenure revocation, or action stemming from alleged harassment, for which other processes are specified in the Faculty Policies and Procedures Handbook.

1. Resort to Other Procedures for Matters Which May be Adjudicated under this Grievance Procedure

   In recognition of the fact that the commitment of the University and the grievant to this process is necessary in order to achieve its objectives, if the grievant seeks resolution of the subject matter of a pending grievance in any forum or by any set of procedures other than those established in this procedure, whether administrative or judicial, the University will be under no obligation to proceed any further with this procedure. However, the act of filing an action in another forum in order to avoid violating a time limitation imposed by that forum will not be considered a violation of the grievance procedure outlined here.

2. Confidentiality

   Grievance proceedings will be kept as confidential as possible, subject only to the need of the grievant and the University to comply with the processes specified herein or to present evidence concerning the grievance in other administrative or judicial proceedings. All hearings will be held in private.

3. Definitions

   For the purposes of this procedure:

   1. The term “grievance” will mean an allegation that the grievant’s employment interests have been adversely affected due to a violation, misapplication, or misinterpretation of University policies, regulations, or procedures.
   2. The term “grievant” will mean an identified person (or group of persons) who was/were at the time that the action which gave rise to the grievance arose, a faculty member/faculty members of The University of Tampa.
   3. The term “working days” will mean those days when the business offices of the University are open.
4. Time Limitation

   When any action required to be taken within a specified period of time is not taken in time, the following will apply:

   1. If the grievant fails to act within the time limits provided herein, the University will have no responsibility to process the grievance and it will be deemed withdrawn.
   2. In the case where the University fails to act in time, the grievant may proceed to the next review level and any decision on the matter subsequently issued at the level that has been bypassed will be void.
5. Steps in the Grievance Process
   1. Step 1: A grievance must first be presented informally to the grievant’s department chair. The grievance must be filed within twenty‐five (25) working days of the date on which the grievant knew or should have known of the action or condition which occasioned the grievance. The chair, upon learning of the grievance, will notify the college dean of the initiation of the grievance, will investigate the matter as deemed appropriate, will attempt to resolve the grievance, and will respond to the grievant in writing within fifteen (15) working days of the date the grievance was filed with the department chair.
   2. Step 2: If the grievance is not resolved at Step 1 and the grievant desires to pursue the matter, the grievant will formalize the grievance and file it with the dean of his/her college within fifteen (15) working days of the Step 1 decision. The formalized grievance will be presented in writing. The written submission will state the specific policy, regulation, or procedure alleged to have been misinterpreted, misapplied or violated, the effect on the grievant, and the relief requested.

      The dean of the college will notify the provost of the continuation of the grievance, will appropriately investigate the grievance, will attempt to resolve it, and will respond to the grievant in writing within fifteen (15) working days from the date on which the written grievance statement was filed with the dean.

   3. Step 3: If the grievance has not been resolved in Step 2, the grievant may file a written request for review with the provost within fifteen (15) working days following the date of delivery to the residence of the grievant of the Step 2 decision.

      The provost, within fifteen (15) working days of the date of the receipt of the request for review by the dean of the college, will set the time, date, and place for a hearing. Notice of the hearing will be provided to the grievant as well as to all parties to the grievance, including the dean of the college who conducted the Step 2 hearing and the chair who conducted the Step 1 hearing.

      Parties to the grievance have the right to obtain witnesses and present evidence. The provost or his/her designee will act as hearing officer and will convene the Hearing Committee to hear the grievance. The hearing officer or his/her designee will not vote.

      The University of Tampa will cooperate with the grievant in securing witnesses and in making available specifically identified and relevant documentary and other evidence requested by the grievant, to the extent not limited by law or by the rights of others to confidentiality. Faculty and staff members of the University will respond to requests to give testimony, subject to any legally recognized privilege. The parties to the grievance have the right to cross‐examine witnesses.

      Where a witness cannot or will not appear but the hearing officer determines that the interest of justice requires admission of his/her statement, then the officer will present a written list of questions to the witness and ask for a written statement in reply. The hearing officer may grant continuances when requested by either party to the grievance in order to enable either party to investigate evidence, or for any other reason he/she deems it appropriate.

      The hearing officer will keep an audiotape of the proceedings as a record. The hearings will not be conducted under strict rules of legal evidence, and attorneys have no role in the process. However, every effort will be made to obtain the most reliable evidence.

      The disposition of the grievance by the Hearing Committee will take the form of findings of fact and conclusions and a recommended disposition presented to the president within fifteen (15) working days after completion of the hearing. The recommended disposition must be based solely on the record, and pertinent institutional policies, regulations, and procedures.

   4. Step 4: The president will render a decision based upon a review of the record and the recommendations, findings, and conclusion of the Hearing Committee. Such decision will be made within ten (10) working days after the receipt of the Hearing Committee’s recommendations. The decision of the president will be final.