Academic Senate

A grievance is complaint that your rights or privileges as faculty member have been violated. A grievance seeks an administrative remedy. While others may be involved in the circumstances that resulted in a violation of your rights, it is not aimed at charging others with wrongdoing.

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• Academic Senate faculty may file a grievance that their rights may have been violated with the Committee on Privilege and Tenure (P&T).
• Students may file a grading or evaluation grievance with P&T.
• Non-faculty academic appointees and non-Senate faculty may file a grievance with P&T that their academic freedom rights may have been violated. (See below for details).

If you are an Academic Senate member and have a concern that your rights and privileges may have been violated, you may want to first ask for a consultation with one of the panel of advisors on the Grievance Advisory Committee (GAC). If you are ready to file a grievance with P&T, use the form linked below.

Non-faculty academic appointees (see APM-011 and APM-012.4 (b) for titles covered) and non-Senate faculty may file an academic freedom grievance with the Academic Senate using the P&T grievance procedures.* (Academic Senate members use the regular grievance process for academic freedom grievances.) Academic Freedom is referenced in the Faculty Code of Conduct, APM-010, & APM-011. The academic freedom grievance process “follows the [P&T] procedures specified by Bylaw 335.” Academic freedom rights only apply to that portion of one’s job that involves “teaching, research, scholarship, or the public dissemination of knowledge" and does not involve grievances related to the professional standards of the title. See below for the form.
APM-011 Frequently Asked Questions 

^{*An academic freedom grievance is not a substitute for filing a grievance with one's Union, Academic Personnel Office, or HR. Employees should advise the relevant office if they are filing an academic freedom grievance. Union-represented appointees are responsible to check with their union regarding their academic freedom process.}

FORMS 

You may use either version. Be sure to save to your own computer and follow the instructions for submitting. These will not save online.

• Grievance Form for Academic Senate members (Word)
• Grievance Form for Academic Senate members (Fillable PDF)
• Academic Freedom Grievance Form.  (Fillable PDF)
• Academic Freedom Grievance Form.  (Word Version)

The goal of a grievance is to seek an "administrative remedy" and "promote a resolution of the controversy between the grievant and the administrative officer, officers, or other persons concerned." Your grievance should include what administrative remedies you seek and an explanation how the remedies will restore a right or privilege.

This is a brief summary only. Please see Bylaw 335 for more detail.

1. The P&T Committee will first review your written grievance to determine whether you have a prima facie case, meaning that the Committee concludes that the allegations as stated in your written grievance, if true, would constitute a violation of your rights and privileges as a faculty member. 
2. If the P&T Committee determines you have a prima facie case, P&T may take one or more of the following actions:
   - conduct a preliminary review of the evidence to determine whether there is sufficient reason to believe that one or more of your rights or privileges may have been violated
   - provide you with an opportunity to discuss your allegations with the Committee, either orally or in writing
   - request files and documents under the control of the administration, including your personnel files and confidential documents contained therein
   - give the administrator with authority to offer a remedy notice of the grievance and an opportunity to respond
   - may also ask other persons involved in the events that gave rise to the grievance, including the department chair, to appear before or provide information to the Committee
3. If the Committee determines that you have made out a prima facie case of violation of a right or privilege, and that there is sufficient reason to believe that your rights and privileges may have been violated, the Committee will formally advise the Chancellor's designee of the grievance and the prima facie determination. P&T will then formally promote a resolution of the controversy between the you and the administrators or other individuals involved.
4.  P&T may propose a negotiated resolution or mediation.
5. If your grievance is not resolved, P&T will appoint a hearing committee to conduct a formal hearing. In a formal hearing you, the grievant, will have the "burden burden of proving the validity of the grievance by a preponderance of the evidence." (The Administration pays the cost of the hearing, but you bear your own cost for representation.)
6. If the hearing committee finds you have proved the validity of the grievance, they will forward that finding and their recommended resolution to the Chancellor.