Oregon Bulletin

September 1, 2013

Oregon University System, Portland State University, Chapter 577

Rule Caption: Amends rule to comply with recent Oregon Supreme Court ruling in PSU-AAUP v. PSU.

Adm. Order No.: PSU 3-2013

Filed with Sec. of State: 7-29-2013

Certified to be Effective: 7-29-13

Notice Publication Date: 7-1-2013

Rules Amended: 577-042-0010

Subject: Portland State University hereby adopts the Faculty Grievance Procedure to be consistent with the Oregon Supreme Court decision in PSU-AAUP v. PSU, SC S059182. A copy of the text can be found at http://www.pdx.edu/fadm/rulemaking-portland-state.

Rules Coordinator: Lorraine D. Baker—(503) 725-8050


General Provisions

(1) At any step, a grievant has the right to be accompanied, assisted, or represented by other persons, including counsel, designated by the grievant. Except in cases of illness, absence from the country, or official leave of absence, the grievant shall be present in person when the grievance is presented and at any subsequent hearing. A grievant has the right of self-representation at any step of this grievance procedure.

(2) The parties may agree to modify the time limits prescribed in the grievance procedure. All such agreements shall be in writing and signed by the grievant and the administrator who is required to act within the time limit being modified.

(3) Failure of the grievant to take action within the time limits specified at any step, including any extensions, shall be considered acceptance by the grievant of the decision. Failure by the accountable administrator to act within the specified time limits, including any extensions shall constitute a violation of this procedure, the complaint against which will automatically become a part of the grievance and will be treated in subsequent stages of the procedure as if it had been part of the original complaint, except that no evidence or testimony shall be required save that the administrator did not act within the time limits. Failure of the administration to communicate the decision on a grievance at any step within the time limits, including any extension thereof, shall allow the grievant to proceed to the next step.

(4) A grievant may withdraw a grievance at any time.

(5) At any time, the parties may, at their discretion, enter into confidential mediation communications pursuant to OAR 580-001-0030 and 580-022-0047 provided as follows:

(a) All parties to the mediation must agree in writing to engage in confidential mediation; and

(b) All parties must agree to suspend consideration of the grievance until such time as the mediation resolves the grievance or the mediation concludes. In no case shall the rights of the grievant to continue to pursue resolution of the grievance under this rule be limited or considered untimely if the parties have mutually agreed to confidential mediation, whether or not the grievance has been formally presented prior to confidential mediation. A grievance that has not been formally presented and that is not resolved by confidential mediation must be presented as described in OAR 577-042-0015 within 30 days of the conclusion of confidential mediation.

Stat. Auth.: ORS 351

Stats. Implemented:

Hist.: PSU 1-1989(Temp), f. & cert. ef. 1-5-89; PSU 2-1989, f. & cert. ef. 2-1-89; PSU 2-2001(Temp), f. 9-27-01, cert. ef. 10-1-01 thru 1-29-02; Administrative correction 3-15-02; PSU 3-2002, f. & cert. ef. 10-22-02; PSU 1-2013(Temp), f. & cert. ef. 3-20-13 thru 9-16-13; PSU 3-2013, f. & cert. ef. 7-29-13

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