Grievances and Charges
| A. Definition | ||
A complaint that a specific administrative act was arbitrary or capricious or violated applicable University rules, regulations, or personnel policies and adversely affected the individual’s then-existing terms or conditions of employment or academic rights. | ||
| B. Result | ||
A grievance seeks a remedy that restores, insofar as possible, the lost rights or privileges. | ||
| C. Complainant | ||
The individual who was adversely affected. | ||
| D. Grievance Procedures Applicable to Academic Appointees | ||
| 1. | Members of the Academic Senate Members of the Academic Senate have access to the Privilege & Tenure Committee to file a grievance. Procedures for a Senate grievance are outlined in the systemwide bylaws: http://senate.universityofcalifornia.edu/bylaws-regulations/bylaws/blpar... | |
| 2. | Non-Senate Academic Appointees APM-140 http://www.ucop.edu/academic-personnel-programs/_files/apm/apm-140.pdf When facing early termination, a non-Senate faculty member (under Regents SO 103.9) may choose to grieve by APM-140 or request a hearing before Privilege and Tenure Committee as their grievance mechanism. Senate Bylaw 337 governs early termination hearings. | |
| 3. | Postdoctoral Scholars APM 390 http://www.ucop.edu/academic-personnel-programs/_files/apm/apm-390.pdf | |
| 4. | Teaching Assistants, Readers and other Academic Appointees covered by a Contract: Current Contract (including a link to grievance and arbitration procedures): http://ucnet.universityofcalifornia.edu/labor/bargaining-units/bx/contra... | |
| E. Grievance Procedures Applicable to Staff | ||
| 1. | Non-represented staff: PPSM 70 http://policy.ucop.edu/doc/4010417/PPSM-70 | |
| 2. | Represented Staff: For other Union Contracts, see: http://ucnet.universityofcalifornia.edu/labor/bargaining-units/ | |
| F. Grievance Procedures Available to Students | ||
UCLA Procedure 220 - re student records http://www.adminpolicies.ucla.edu/app/Default.aspx?&id=220-1 UCLA Procedure 230.1 – re discrimination http://www.adminpolicies.ucla.edu/app/Default.aspx?&id=230-1 UCLA Senate Reg. A-306 (d) – re grades http://www.senate.ucla.edu/FormsDocs/regs/ch1.htm#A306 Graduate Division Standards and Procedures for Graduate Study at UCLA | ||
| A. Definition | ||
1. | Academic Senate Member: Charge A complaint with the Academic Senate Committee on Charges that a Senate Member engaged in misconduct in violation of the Faculty Code of Conduct. | |
2. | Other Academic Appointees: Corrective Action/Dismissal A complaint that an academic appointee deserves corrective action for good cause, including but not limited to misconduct, unsatisfactory work performance, dereliction of duty, or violation of University policy including the Faculty Code of Conduct. | |
| B. Result | ||
Imposition of disciplinary sanctions against charged Senate member or corrective action of the non-Senate Academic Appointee up to and including separation from the University. | ||
| C. Complainant | ||
Any member of the University community. | ||
| D. Policies Applicable to Faculty | ||
| 1. | Members of the Academic Senate APM 015: Faculty Code of Conduct APM 016: University Policy on Faculty Conduct and Administration of Discipline Appendix XII to UCLA Academic Senate Manual: Campus Procedures for Implementation of University Policy on Faculty Conduct and the Administration of Discipline | |
| 2. | Non-Senate Academic Appointees (faculty and non-faculty) Academic Appointees are defined in APM 110-4(2) and include among others, senate and non-senate faculty, medical residents, and research appointees, APM 015: Faculty Code of Conduct APM 150: Corrective Action and Dismissal | |
| Privilege & Tenure Committee (P&T) | ||
The P&T Committee is available to review Senate grievances. The Committee first reviews the written grievance, but the grievant can request to meet with the Committee as well. | ||
| Grievance Advisory Committee | ||
GAC Committee members are available to review the Senate judicial processes for individuals considering filing a grievance or charge as well as for Senate members who have been charged with a violation of the Faculty Code of Conduct. | ||
| Charges Committee | ||
The Charges Committee receives Charges of violations by Senate members of the Faculty Code of Conduct. | ||
| Rules & Jurisdiction (R&J) | ||
The R&J Committee can answer questions about bylaws (including school and departmental bylaws). | ||
Office of Ombuds Services Sexual Harassment Prevention Office | Equity Diversity Inclusion Office Whistleblower Complaints |
A complaint by Senate faculty that seeks a remedy for the complainant is a grievance and is filed directly with the Committee on Privilege and Tenure (P&T). The Charges Committee does not receive grievances.
A complaint against a Senate faculty member that seeks discipline for violation of professional responsibilities, ethical principles, and/or standards of conduct that pertain to the professional obligations of faculty members is a charge and is filed first with the Charges Committee. Charges either conducts a preliminary factual investigation or reviews a factual investigation conducted by Title IX, the Equity Diversity and Inclusion (EDI) Office, or the Research Office to determine whether there is probable cause that a violation occurred. Although UCLA policies refer to this as a “hearing,” it is not an adversarial hearing. The panel invites the complainant to respond to the evidence and may invite the complainant or witnesses to speak, but the accused is not present and does not get to cross examine.
If probable cause is found, the Vice Chancellor (of Academic Personnel) forwards the complaint to the Privilege and Tenure (P&T) Committee. If no probable cause is found, the Vice Chancellor has the opportunity to review the recommendation and the file. In these cases, the Vice Chancellor has the option to concur with or to disagree with the recommendation. Should the Vice Chancellor reverse and find that there is probable cause, these cases will be forwarded to P&T as well. P&T conducts a formal adversarial hearing where the faculty member may confront the witnesses.
Both a grievance and a charge may be filed based on the same facts.
Timing
When a formal charge is filed, the charge and supporting evidence are sent to the person charged. They have a minimum of 21 days to file a response. Under certain circumstances, they may request more time to reply. Once a response is received, the Charges Committee will review the charge at their next scheduled meeting. For cases involving a formal investigation, the committee may need to wait for a report of that investigation before making a recommendation regarding probable cause. For other cases, the committee may decide based on the written file and response or may request additional information. Once a charge is sent to the Vice Chancellor, he/she has 30 days to respond (UCLA Bylaws, Appendix XII.7.A). The timing and process for a P&T hearing is described in Senate Bylaw 336.B.
When a grievance is filed, the Privilege and Tenure (P&T) Committee will first review the written grievance and discuss it at their next meeting. If there is a queue of grievances, the grievance may be held over to a following meeting. If the written grievance establishes a prima facie case, the committee will arrange to investigate further. If the grievance goes forward, see Senate Bylaw 335 for a general idea of timing.
Judicial committees are composed of faculty who serve on a voluntary basis and try to keep a set schedule of availability. As a general rule, the committees do not meet in the summer.
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