Procedures for the Faculty Grievance Committee

facultygov.unc.edu/procedures-for-the-faculty-grievance-committee/

I. Membership
The Faculty Code provides as follows: “The Faculty Grievance Committee consists of ten
elected members, and is structured to represent faculty of all ranks. Three of the members
are elected at the time they hold the rank of professor or librarian, three at the time they hold
the rank of associate professor or associate librarian, three at the time they hold the rank of
assistant professor or assistant librarian or general librarian, and one at the time he or she
holds a fixed-term appointment. A member’s promotion in rank during a term of office does
not terminate his or her membership. One professor or librarian, one associate professor or
associate librarian, and one assistant professor or assistant librarian or general librarian are
elected each year. One person holding a fixed-term appointment is elected every third year.”
The term of office for each member is three years.

The Committee elects a Chair on an annual basis. “The committee may act as a whole or, by
designation of the Chair, in panels of two or more, for the consideration of particular
grievances. It may promulgate rules of procedure for its operations. When promulgated,
these rules constitute the exclusive formal procedures for the adjustment of faculty
grievances herein described. No formal appeal procedure is provided.”

In any case in which a member of the Grievance Committee is also a member of a

department or unit involved in the grievance or has a personal relationship that may appear
to affect his or her impartiality, that member shall not participate in the hearing or
determination of the grievance. Furthermore, a Committee member will not participate in a
grievant’s case if the grievant requests that he or she abstain for reasons that the Committee
agrees are valid.

II. Committee Charge

The Faculty Code provides as follows: “The committee is authorized to hear and advise with
respect to the adjustment of grievances of all persons designated as members of the Faculty
by the Trustee Regulations on Academic Tenure and those librarians who are members of
the General Faculty. The power of the committee is solely to hear representations by the
persons directly involved in grievances, to mediate voluntary adjustment by the parties, and
to advise adjustment by the administration when appropriate. Advice for adjustment in favor
of an aggrieved faculty member may be given to the chancellor only after the dean,
department head, or other administrative official most directly empowered to adjust it has
been given similar advice and has not acted upon it within a reasonable time.”

III. Meetings
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The Chair calls the meetings of the Committee. A meeting should be held after new
members join the Committee to inform them of the procedures of the Committee, and to
obtain schedules from the members to facilitate the scheduling of subcommittee meetings.
Subsequent meetings shall be called as individual cases or other business requires.

IV. Duties of the Chair of the Committee

It is the Chair’s responsibility to conduct preliminary informal discussions with persons
contacting the Committee with respect to potential formal grievances. Often the issues
involved can either be resolved informally or are issues beyond the scope of the Committee’s
jurisdiction. Hence, not all matters that come to the Chair’s attention result in the filing of
formal grievances.

The Faculty Code provides as follows: “No grievance may be considered except on the basis
of a prior written statement of its nature by the aggrieved faculty member, and until
determination is made that an unsuccessful attempt has been made by the faculty member
to resolve it with the administrative official most directly concerned.”

The preliminary discussions should include: (1) the definition of the concerns; (2) a
determination that the concerns are within the Committee’s jurisdiction (that is, the potential
grievant must be a member of the faculty and the concerns must not be ones within the
jurisdiction of the Faculty Hearings Committee, and there must have been an attempt by the
grievant to resolve the concerns with the appropriate administrative official); (3) a discussion
of the appropriateness of a formal grievance as a means for resolution of the concerns; and
(4) an attempt to reach a negotiated settlement, where appropriate.

The Chair decides during these discussions whether a Subcommittee of the Committee
should be appointed to cover the matter in greater depth. If a Subcommittee is to be
appointed, the grievant must file a written statement of the grievance with the Chair. This
written statement must indicate the specific grievances with supporting facts and
circumstances, against whom they are directed, the dates, and the proposed remedies.
When the written statement is received by the Chair, he or she notifies the grievant in writing
whether the matter has been accepted for hearing and, if not, why not. If the matter is
accepted, he or she notifies the Chancellor’s office with a memorandum to the Vice
Chancellor and General Counsel, with a copy of the written grievance attached, starts a file
for the individual grievance, and designates the members of the Subcommittee with a Chair
and notifies them. The Committee Chair determines the scope of the Subcommittee’s
responsibility. He or she notifies the grievant that the Subcommittee has been appointed and
instructs the Chair of the Subcommittee to begin the hearings. He or she also notifies the
other parties directly involved that the Subcommittee has been appointed and gives them a
copy of the written statement of the grievance.

V. Confidentiality of Proceedings

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Meetings of the Subcommittee and of the full Committee when it is reviewing a
Subcommittee report or discussing any individual employee are closed to the public; only
persons asked to attend by the Chair of the Subcommittee or Committee may do so.
Information obtained by the Subcommittee and reports prepared by the Subcommittee or
Committee are confidential. However, parties directly involved in the grievance have access
to all documents related to the grievance.

VI. Procedures for Hearings

Impartiality is essential on the part of the members of the Subcommittee. While parties may
be present at meetings, the grievance procedure is primarily intended to facilitate resolution
of the grievance. Thus the Subcommittee usually hears one witness at a time with no other
witness present except a party to the grievance who chooses to be present. A party to the
grievance will be offered an opportunity to be heard by the Subcommittee. A party may be
accompanied by a person of his or her choice, if reasonable notice is given to the
Subcommittee Chair. Other persons with relevant information may be called to appear before
the Subcommittee Chair, and any person directly involved in the grievance and any member
of the Subcommittee may suggest other persons who should appear. The Subcommittee
Chair is responsible for deciding who will be asked to appear and for scheduling hearings,
which may involved multiple sessions. The Subcommittee Chair determines the conduct of
all investigations, discussion, mediations, and hearings unless these procedures specify how
they must be conducted.

Access to the personnel files in connection with a grievance is in accordance with pertinent
University policy. Requests for access by the Committee or any party should be made to the
Office of the Assistant to the Chancellor.

At any point in the grievance procedure, including the hearing phase, further negotiations
can be held. The grievant has the option of withdrawing his or her grievance at any time or
stating that it has been satisfactorily resolved. Such action terminates the responsibilities of
the Subcommittee. No formal report, except a statement that the matter was resolved or
withdrawn, should be submitted by the Subcommittee Chair.

At the Conclusion of the hearing phase on a grievance that has not been resolved or
withdrawn, the Subcommittee writes a report, including its recommendations for resolution of
the matter, and forwards it to the Chair of the Committee. The report is based on information
from the hearings and on other information made available to all parties directly involved in
the grievance. A meeting of the Committee is then held to act upon the report and
recommendations. Copies of the subcommittee’s report and recommendations, if they are
accepted by the full Committee, or, if not, the Committee’s report and recommendations,
should be sent to the grievant, the parties “directly involved” in the grievance, and if the
report recommends any action, to the administrative superior most directly empowered to
adjust the grievance and who is not “directly involved.” Although the report is advisory, the

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administrative superior will be asked to report to the Committee whether he or she had taken
any action in response to the report and, if so, what action was taken. If the administrative
superior declines to take appropriate action on the Committee report within a reasonable
time, the Committee will report the matter to the Chancellor.

Special rules apply to grievances alleging racial or sexual harassment. These rules are part
of the University’s Racial Harassment Policy and Procedures and Sexual Harassment Policy
and Procedures and are as follows:

1. The grievant and the accused shall have the right to counsel, to present the testimony of
witnesses and other evidence, to confront and cross-examine witnesses, and to examine all
submitted documents and other evidence. Counsel may not examine witnesses or parties,
but may advise their clients during the course of the hearing.

2. The scope of the investigation shall be determined by the Committee Chair in his or her
discretion according to the charge and the facts.

3. The Committee shall consider only such evidence as is presented at the hearing. The
Committee shall use its judgment in deciding what evidence presented is fair and reliable
and in doing so is not bound by the rules of evidence. A recording or other record shall be
kept of all proceedings in which evidence is presented.

4. Except as herein provided, the conduct of the hearing is under the charge of the Chair of
the hearing.

5. If the majority of the Committee finds that the accused has violated this Policy (on racial or
sexual harassment), it shall recommend, in writing, an appropriate course of action – which
may include the recommendation of appropriate sanction – to the supervisor of the accused
party, with a copy to his or her dean or director. Any recommendation for suspension for
employment for diminishment in rank, or for dismissal shall proceed in accordance with the
established University policies and procedures on dismissal for cause.

6. If the majority of the Committee finds that the accused has violated this Policy (on racial or
sexual harassment), the Committee is entitled to receive from the Sexual Harassment Officer
or the Affirmative Action Officer the confidential records of prior incidents of racial or sexual
harassment involving that individual, if any, and is entitled to consider such records in
reaching its recommendations. A summary of such records shall be included in the
Committee’s recommendations to the supervisor.

VII. Grievances Covered by Committee

The Faculty Code provides as follows: “…grievances within the committee’s jurisdiction
include matters directly related to a faculty member’s employment status and institutional
relationships within the University, except for those within the jurisdiction of the Faculty
Hearings Committee or arising from the termination of an administrative appointment.”

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Generally speaking the Faculty Hearings Committee has jurisdiction over cases involving
suspension, diminishment in rank or discharge of any faculty members, and of cases
involving non-reappointment of faculty members on probationary term appointments,
including when the faculty member alleges that one of the impermissible grounds for
nonreappointment is present in his or her case.

Only current faculty members may file a grievance with the Committee. If a faculty member’s
appointment with the University is terminated before his or her grievance has been resolved
or before the Committee has made a recommendation, the Committee Chair, after consulting
with the Subcommittee, will decide whether the grievance is terminated. The grievance will
be terminated if the Committee Chair determines that the faculty member’s termination
precludes any appropriate remedy for the grievance. The Committee will retain jurisdiction
over the grievance, if the Committee chair determines that an appropriate remedy for the
grievance is possible.

VIII. Distribution of Reports

The Faculty Code provides as follows: “The power of the Committee is solely to hear
representations by persons directly (emphasis supplied) involved in grievances, to mediate
voluntary adjustment by the parties, and to advise adjustment by the administration when
appropriate.”

Pursuant to this provision, when efforts to achieve voluntary adjustment of a grievance fail,
the Committee gives written advice to the appropriate administrative official. This advice is
given and received in confidence. Copies of this report are distributed to the Committee
members, grievant, any other persons directly involved in the grievance, and the
administrative official most directly empowered to implement any recommendation of the
Committee. Under the Faculty Code, no further transmittal of the Report can be made unless
the administrative officer most directly concerned declines to take appropriate action on the
Report “within a reasonable time,” in which event the Committee will report the matter to the
Chancellor.

IX. Grievances Against the Grievance Committee

The fact that the grievance may be against some member of the Committee itself, a panel of
the Committee, or even the Committee as a whole, does not deprive the Committee of
jurisdiction.

X. Appeal of Grievances
The Faculty Code provides that no “formal appeal procedure is provided” from decisions of
the Committee. However, the Code of the Board of Governors also provides that: “If the
faculty grievance committee did not advise that an adjustment in favor of the grievant was
appropriate, then the decision of the chancellor is final and may not be appealed. If neither

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the relevant administrative official nor the chancellor makes an adjustment that is advised by
the faculty grievance committee in favor of the aggrieved faculty member, then the faculty
member may appeal to the board of trustees of the constituent institution. The decision of the
board of trustees is final.”

XI. Modification of These Procedures

These procedures were adopted by the Committee and may be changed at any time by a
majority vote of the Committee.

Approved by Committee, Feb. 25, 1981

Amended, Dec. 10, 1991
Amended, May 8, 1995
Amended Apr. 22, 1996
Amended Jan. 1, 2004
Amended Aug. 24, 2006
Amended Oct. 19, 2007

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