University of Missouri System

Collected Rules and Regulations

Grievance Procedures

Chapter 370: Academic Grievances (for procedures applicable to UMC, UMKC and Missouri S&T, refer to Section 370.015)

370.010 Academic Grievance Procedure

Bd. Min. 5-25-79, amended Bd. Min. 3-20-81, Bd. Min 7-27-95; amended Bd. Min. 5-27-99; amended Bd. Min. 10-16-03; amended 12-12-08; 04-03-09.

The Board of Curators, the faculty, and the administration of the University of Missouri recognize the importance of providing a prompt and efficient procedure for fair and equitable resolutions of grievances with the University without fear of prejudice or reprisal for initiating a grievance or participating in its settlement. To the extent possible, all grievances should be settled through informal discussions at the lowest administrative level, and disputed matters should be processed as formal grievances only when either party feels that a fair and equitable solution has not been reached in the informal discussions. Accordingly, the members of the faculty as defined in the rules and regulations, Section 310.020 A, including faculty who hold an administrative title or function, are encouraged to use this grievance procedure for grievances relating to their status or activities as faculty members. However, it is not to be used in connection with a matter relating to any administrative title or function which the faculty member may also have had.

1. Grievance, Defined -- A grievance is defined as an allegation that:
   1. There has been a violation, a misinterpretation, an arbitrary or discriminatory application of University policy, regulation, or procedure which applies personally to the faculty member, notwithstanding that it may apply to others within or without the grievant's unit, relating to the privileges, responsibilities, or terms and conditions of employment as a member of the faculty, or
   2. The faculty member has been discriminated against on the basis of race, color, religion, sex, sexual orientation, national origin, age, disability, status as a Vietnam era veteran, or by action inconsistent with the Board of Curators' Policy on Maintaining a Positive Work and Learning Environment, or
   3. There has been an infringement on the academic freedom of the faculty member.
   4. This policy shall not be interpreted in such a manner as to violate the legal rights of religious organizations or military organizations associated with the Armed Forces of the United States of America.
       
2. Termination of Regular Faculty -- Complaints involving termination of regular faculty, on whatever grounds, are governed by the Academic Tenure Regulations rather than this grievance procedure.
    
3. Responsibility of Administration -- It is understood that this Grievance Procedure in no way diminishes the responsibility of Faculty, Department Chairpersons, Deans, Directors, Chancellors, and other administrators for the exercise of academic judgment.
    
4. Policies, Regulations or Procedures -- Requests for new or revised policies, regulations, or procedures may be presented through the designated administrative channels, but not as a grievance under these procedures.
    
5. Joint Proceeding -- If more than one faculty member is aggrieved by the same action, they may, by mutual agreement between themselves and the Chancellor, pursue their grievances jointly under these procedures. If the number of grievants in such case is so large as to make it impracticable for them to be heard individually in a joint proceeding, they may, by mutual agreement, elect one or more of their number to act on behalf of all.
    
6. Processing a Grievance
   1. On each campus, the Chancellor will appoint an administrator to serve as Academic Grievance Officer. The Academic Grievance Office shall be copied on all correspondence pertaining to a grievance.
   2. The faculty member may process a grievance through the several steps of the procedure during normal working hours. At any stage the faculty member may have an adviser whom he or she chooses from the campus community. The respondent will also be afforded that option.
   3. The number of days indicated at each step of the procedure shall be considered as the maximum period, unless the time has been extended by mutual agreement and confirmed in writing, and shall be construed to be calendar days. Every reasonable effort should be made to expedite the process. In the event the appropriate administrative officer fails to make a timely response as herein provided, the faculty member may pass to the next step.
   4. A faculty member who has a grievance shall initiate action in accordance with Section 370.010 F.5 hereof within one hundred and eighty (180) days after the faculty member knew, or reasonably should have known, of the occurrence of the event or omission out of which the grievance has arisen. Where the grievance arises out of a series of events or omissions, the period shall be measured from the last event or omission in the series. A faculty member who does not initiate a grievance in accordance with the 180-day limit specified herein shall be deemed for purposes of these procedures to have accepted the last decision rendered by an appropriate administrative officer, unless the respondent should agree in writing to an extension of the period. If an officer denies a grievance on the basis of timeliness and if that decision is challenged by the aggrieved faculty member, the Chancellor shall refer the issue of timeliness to a Hearing Committee for a determination. The committee shall be convened in accord with Sections 370.010 G.2.b.(1), (2), (3)(a) and (3)(b). The committee shall first make a decision about timeliness. If it rules in favor of the aggrieved faculty member, it shall then proceed to hear the grievance in accord with Section 370.010 G. If it rules that the grievance is not timely, the committee shall notify the grievant and the Chancellor immediately of that fact. The Chancellor, after having received the report of the Hearing Committee, shall make a determination and shall advise the grievant in writing of that determination within a reasonable time of receipt of the report of the Hearing Committee. If it is not practical for the determination to be made within fifteen (15) days, the grievant and respondent shall be so informed. Any appeal to the President shall follow the procedures of Section 370.010 G.3.
   5. The grievance shall be initiated by delivery of a letter or written memorandum, signed by the faculty member, to the Chancellor, informing the Chancellor of the nature of the events alleged to constitute the grievance. The Chancellor or designee shall, within ten (10) days acknowledge in writing to the grievant the fact and date of delivery and shall determine the appropriate administrative officer to act as respondent, notifying both grievant and respondent of that determination.
   6. The filing or appeal of a grievance shall not prevent any appropriate administrative officer from taking action complained of, unless the Chancellor, by the exercise of existing authority, directs that it not be taken pending consideration of the grievance.
   7. Costs of the hearing will be borne by the University.
   8. Barring unexpected delays, the entire grievance process should take no longer than one hundred and eighty (180) days from the time the grievance is filed.
       
7. Review Process
   1. Step 1
      1. Within 15 days of date of delivery of the letter requesting initiation of action hereunder, the Chancellor may designate an appropriate individual to attempt an informal resolution of the grievance.
      2. If a recommendation for resolution is reached, the terms of the resolution shall be put in writing by the individual hearing the complaint of the faculty member and a copy sent to the grievant, the respondent, and the Chancellor.
   2. Step 2 -- If a mutually satisfactory resolution is not reached by the process described in Step 1, which shall be limited to forty-five (45) days from the date of designation made in Step 1.a. above, a hearing committee shall be chosen from a hearing panel, as described below.
      1. Grievance Hearing Panel
         
         (1) By October 1 of each year, a Grievance Hearing Panel shall be selected for each campus. The panel shall consist of between thirty (30) and sixty (60) faculty members. Unless otherwise provided by the campus faculty governance body, these will be faculty members on regular appointment without full-time administrative appointments. The campus faculty governance body may provide that full-time faculty members on non-regular appointment without full-time administrative appointments may also be selected for the panel. The number and method of selection of such non-regular faculty members shall be determined by the faculty governance body and the Chancellor of each campus. The specific number of faculty members for the panel shall be appropriate to the needs of the individual campus as agreed to by the faculty governance body and the Chancellor of each campus. Half of the Panel members shall be appointed by the campus faculty governance body, and half shall be appointed by the Chancellor. In selecting the individuals for the Panel, both the campus governance body and the Chancellor should take into account the diversity of the faculty community particularly with regard to academic divisions, ethnicity, and gender.
         
         (2) The Hearing Panel shall have a rotating membership. Each member of the Hearing Panel shall serve a three-year term. In order to establish the rotation, the length of the initial term of 1, 2 or 3 years shall be established by lot. At the end of each academic year, both the faculty governance body and the Chancellor shall choose new Panel members to replace the 1/3 whose regular terms will expire on September 30. Half of the new Panel members shall be chosen by the faculty governance body and half shall be chosen by the Chancellor in accordance with a.1 above. A member's term shall expire on August 31 of the third year unless he/she is serving at that time on a Hearing Committee still in the process of reviewing an unresolved grievance. In such case, the member's term shall expire as soon as the committee has submitted its written report of the findings and recommendations to the Chancellor.
         
         (3) If the faculty governance body and the Chancellor agree that a temporary increase in the size of the Grievance Hearing Panel is needed, additional faculty members may be appointed as outlined in G.2.a. (2). Such appointments shall be temporary and shall end on September 30 of the next academic year unless the temporary member is serving at that time on a Hearing Committee still in the process of reviewing an unresolved grievance. In such case, the members term shall expire as soon as the committee has submitted its written report of the findings and recommendations to the Chancellor.
          
      2. Hearing Committee
         
         (1) From the panel established in accordance with G.2.a, an ad hoc Grievance Hearing Committee shall be drawn for each case, according to the following procedures:
         

         (a) The chairperson of the faculty governance body (or designee), with the Academic Grievance Officer (or designee), shall randomly draw 12-16 names from the Grievance Hearing Panel to be presented to the grievant and respondent. The specific number shall be as agreed to by the faculty governance body and the Chancellor. One-half the names shall be drawn from those members of the Grievance Hearing Panel appointed by the faculty governance body, and one-half shall be drawn from those members appointed by the Chancellor. The names shall be drawn alternately from the two groups commencing with the group appointed by the faculty governance body. The order in which the names are drawn shall be recorded. Both the grievant and respondent shall be invited to be present for the drawing.
          
         (b) The list of 12-16 randomly drawn names, in alphabetical order, shall be presented to both the grievant and respondent. The grievant and respondent may each strike three names from the list. Neither the grievant nor the respondent will be informed as to which names were struck by the other.
          
         (c) From the list of remaining names, the Academic Grievance Officer, in consultation with the chairperson of the faculty governance body, shall contact by letter, the first five persons selected by the random drawing, informing them of their appointment to a Hearing Committee, and requesting acknowledgment of that appointment. The others whose names remain on the list are alternates. At the same time, a letter shall go to each of the alternates, advising them of their alternate standing, and requesting acknowledgment of their appointment if one of the first five individuals selected cannot serve. Both those selected and the alternates may in addition be notified by other means. If no acknowledgement is obtained by letter or other means within seven (7) days from the date of the letter, or if one of the first five individuals chosen is unable to serve, alternates who have acknowledged they are able to serve will be named to the Hearing Committee in the order in which their names were randomly drawn, until a panel of five members has been constituted. In the event that the list of alternates is exhausted before a panel of five is established, the process for random drawing, as described in b.(1)(a) shall be repeated until a Hearing Committee is constituted.
          
         (d) The five selected persons shall constitute the Hearing Committee, and shall select from among their number a chairperson.
          
         (e) No person may be selected to serve on the Hearing Committee who has participated directly in the decision complained of or who has supervisory responsibility over the respondent. In such instances, that Panel member's name shall be excluded from the pool from which the Hearing Committee members' names are randomly selected, as described in b.(1)(a) above.

         
         Occasionally, a member of the Grievance Hearing Panel may have been a principal (grievant or respondent) in a case against one of the principals in the current case. In such instances, that Panel member's name shall be excluded from the pool from which the Hearing Committee members' names are randomly selected, as described in b.(1)(a) above.

         
         Similarly, a member of the Grievance Hearing Panel may have been a former principal in a grievance proceeding in which a Hearing Committee member in that former case is a principal in the current case. In such instances, that Panel member's name shall be excluded from the pool from which the Hearing Committee members' names are randomly selected, as described in b.(1)(a) above.

         (2) Upon formation of the Hearing Committee, the Chancellor shall advise the grievant and the respondent of the membership of the Hearing Committee. The grievant shall send within fifteen (15) days, a written statement of the charges to the chairperson of the Hearing Committee, who shall then send a copy to the respondent. This statement of charges shall be a clear statement of the grievance and of the desired remedy.
          
         All communication between members of the Hearing Committee and either the grievant or respondent shall be made through the Chairperson of the Hearing Committee. Neither the grievant, nor the respondent, nor their advisors, shall discuss the case with any member of the Hearing Committee prior to the hearing. Once the hearing is underway, the only appropriate communication with an individual member of the Hearing Committee regarding the grievance is through the Chairperson of the Hearing Committee. Any other communication with members of the Hearing Committee outside of the formal hearing sessions shall be regarded as a breach of ethics and shall be reported to the Chairperson of the Hearing Committee.
              
         In cases in which a majority of the Hearing Committee finds there was unethical conduct by either the grievant or the respondent, or by a member of the Hearing Committee, the Hearing Committee may take whatever action they judge appropriate as to the disposition of the case. This action includes but is not limited to resolving the case against the principal committing the unethical conduct, removal and replacement of a committee member, or dissolving the Hearing Committee and asking that a new committee be selected.
         
         (3) No later than fifteen (15) days after the date of filing of the written charge by the grievant with the chairperson of the Hearing Committee, the Committee Hearing shall be initiated according to the following procedures:

         (a) The Chancellor or designee shall convene the Hearing Committee for an initial meeting.
          
         (b) The Hearing Committee shall receive from the Chancellor copies of all reports, communications, and recommendations in the case and the text of the original charge as filed by the grievant.
          
         (c) The grievant and the respondent shall provide any materials each initially intends to submit in support of their respective case to the chairperson of the Hearing Committee at least 72 hours before the hearing.
          
         (d) At the request of the respondent the Hearing Committee shall review the statement of charges and other information to determine if there is probable cause to believe that a grievance, as defined in Section 370.010.A, exists. In making this determination, the Hearing Committee may ask the grievant, respondent or the Academic Grievance Officer to furnish additional information including a statement of the evidence proposed to be offered. No decision on the question of whether probable cause exists shall be made without giving both the grievant and the respondent the opportunity to be heard on the question. If the Hearing Committee determines that probable cause does not exist, the Hearing Committee shall report that finding to the Chancellor. If the Chancellor agrees, the grievance shall be dismissed. If the Hearing Committee finds probable cause, or if no request has been made, the Hearing Committee shall hear the grievance and shall offer both the grievant and the respondent an opportunity to state their positions and to present witnesses and/or evidence relevant to the case. The burden of proof shall be on the grievant. The level of proof shall be that the grievant's claim is "more believable than not." The hearing shall be held without legal counsel, and a record shall be made for submission to the Chancellor. All records made and all data gathered by the Hearing Committee shall be confidential and shall be maintained by the committee for the duration of the Hearing. When the Committee submits its report, it shall at the same time deliver all hearing materials to the Chancellor's Office. The records shall be closed to public scrutiny unless subpoenaed.
          
         (e) The grievant (and adviser) and the respondent (and adviser) may both be present during the hearing. Other persons shall not be present except when invited by the Hearing Committee.
          
         (f) Any person selected to a Hearing Committee will be expected to serve on such Committee and to be present at all sessions. If a member is absent from a single session, he/she shall review all tapes or transcribed proceedings of that session prior to the next meeting of the Committee. A member who is absent from two sessions or who requests to be excused from service for reasons of illness, necessary absence from the campus or other hardship, or a member who is removed for unethical conduct shall be replaced in the same manner used in the original selection (see Section b.(1)(a). The replacement shall review all tapes or written transcripts and all submitted evidence prior to service on the Committee.
          
         (g) Upon completion of its hearing, the Hearing Committee shall immediately notify the grievant, the respondent, and the Chancellor of that fact. Such notification shall include a designation of all witnesses, documents, and other evidential material considered by the Hearing Committee and shall inform the parties that they will be given an opportunity to review the evidentiary material, and within seven (7) days, upon good cause shown, to present additional evidence.
          
         (h) Although the Hearing Committee will attempt to work expeditiously, principals should be aware that difficulties in scheduling may sometimes result in frustrating delays. Nonetheless, every effort will be made to ensure a thorough and fair hearing. The findings of the Hearing Committee need not be unanimous. In such instances, the final report of the committee should explain the varying views of the committee members regarding the case.
          
         (i) Within fourteen (14) days after completion of the hearing, the Hearing Committee shall meet to deliberate and prepare a written report of its findings and recommendations, including suggested action. The written report shall be limited to the grievance as specified in Section 370.010 F.5. The findings and recommendation shall be sent to the Chancellor, the grievant and the respondent.
          
         (j) The Chancellor, after having received the report of the Hearing Committee, may meet with the grievant or the respondent. The Chancellor shall make a determination of the matter and shall advise the grievant and the respondent in writing of that determination within a reasonable time. If it is not practical for the determination to be made within thirty (30) days, the grievant and respondent shall be so informed and should also be informed of the approximate date when the decision will be made.
          
         (k) The Chancellor may meet with the Hearing Committee for a discussion of the determination prior to the Chancellor's communication of the decision to the grievant and respondent. In any event, the Chancellor shall inform the Hearing Committee of the Chancellor's determination.
          
         (l) In October of each year, the Academic Grievance Officer (or designee) shall report to the faculty governance body of the campus the status of all grievances filed during the preceding year and any grievances from prior years where the process has not been completed. This report shall not include names of the parties or the nature of the grievance but shall include the date the grievance was filed and its current status. The status report will indicate the current stage of the grievance: informal resolution stage, before hearing committee, hearing committee report filed with Chancellor, determination made by Chancellor, appeal to President, determination made by President. The report may include an explanation of an unusual delay that has occurred, or any other matter that the Academic Grievance Officer (or designee) believes would be helpful.

   3. Step 3 -- Presidential Adjudication
      1. If the determination by the Chancellor is not satisfactory to the aggrieved faculty member, the faculty member may file an appeal with the President. A letter requesting a review must be sent to the President within thirty (30) days of the date indicated on the Chancellor's response. Copies of the original complaint or grievance and all relevant materials shall be forwarded to the President by the Chancellor. The President then shall evaluate the records in order to arrive at a judgment.
      2. Within a reasonable time after the filing of the appeal, the President shall send a certified letter indicating the disposition of the grievance to the grievant, the respondent, and the appropriate administrative officers. If it is not practical for the determination to be made within thirty (30) days, the grievant and respondent shall be so informed and should also be informed of the approximate date when the decision will be made. The decision of the President shall be final.

 
8. In the event a grievance by a faculty member concerns an action by a UM System administrator, the same procedure shall be followed with the following modifications:
   1. The Hearing Committee shall be selected from the grievance hearing panel of the campus upon which the faculty member is located or to which he/she is most closely attached.
   2. Reference to the Chancellor in the procedures shall be deemed to refer to the appropriate vice president or director of the UM unit.