GRIEVANCE PROCEDURES IN CASES OF PROHIBITED DISCRIMINATION
Faculty Grievance Procedure
(1) Oregon Administrative Rule 580-021-0050 requires that each institution adopt and publish procedures for redressing grievances, including grievances concerning prohibited discrimination. Actions which discriminate against individuals on the basis of age, handicap, national origin, race, marital status, religion or sex are prohibited by law:
(a) "Grievance" means a complaint by an academic employee that the employee was wronged in connection with reappointment, compensation, tenure, promotion, or other condition of employment;
(b) "Other conditions of employment" shall include, but not be limited to, violations of academic freedom, discriminatory and non-discriminatory employment practices, and laws, rules, policies and procedures under which the institution operates. Grievances requiring disciplinary actions or procedures shall not be filed under this grievance procedure.
(2) Grievants are urged to resolve their grievances informally by presenting the grievance directly to their supervisor, department chair, director, dean, or other appropriate officer within 20 calendar days from the time the grievant became aware of the act, omission, or condition which gave rise to the grievance. The supervisor shall have 15 calendar days to respond.
(3) A grievance may be resolved at any step. In no instance shall the length of time between the presentation of a written grievance and the State Board of Higher Education's decision be more than 180 days, unless agreed to by the grievant. If a decision is not made at any level within the designated time limit, the grievant may submit the grievance to the next step.
(4) If the faculty member chooses to follow external statutory or regulatory procedures to resolve the grievance, the institution may elect not to follow this grievance procedure.
(5) If a grievance is not resolved informally (as provided in section (2) of this rule), formal grievance procedures may be initiated as follows:
(a) Not later than 45 days after the grievant became aware of the act, omission, or condition which gave rise to the grievance, the grievant may present a formal grievance in writing to the immediate supervisor. The supervisor must respond, in writing, within 20 calendar days of receipt of the grievance;
(b) Should a satisfactory agreement not be reached, the grievant may appeal, in writing, the decision to the appropriate dean within 14 calendar days of receipt of the supervisor's decision. The dean must respond, in writing, within 14 calendar days of receipt of the appeal;
(c) Should a satisfactory agreement not be reached, the grievant may request, in writing, a hearing before a faculty grievance committee (refer to section (6) of this rule) or appeal, in writing, the dean's decision to the OIT president within 14 calendar days of receipt of the dean's decision;
(d) If the matter being grieved relates to an act or omission by the immediate supervisor or dean, the grievance maybe presented in subsection (b) or (c) of this section as appropriate.
(6) The faculty senate, through its own procedures, will annually appoint a faculty grievance committee consisting of three tenured faculty members. The faculty grievance committee will hold its hearing within 20 calendar days after receiving notification of the request, in writing, for a hearing by the grievant.
(7) The rules of procedures for the faculty grievance committee shall allow for:
(a) A meaningful opportunity for the grievant to be heard;
(b) An opportunity for each party to present evidence, argument, and rebuttal;
(c) The right to representation for each party at that party's expense;
(d) A hearing open to the public, unless closed at the option of the grievant, as permitted by law;
(e) Written conclusions by the committee, based only upon evidence presented at the hearing;
(f) Access by each party to a tape recording of the hearing; and
(g) Other lawful procedures not in conflict with subsections (a) through (f) of this section which may be adopted by the committee.
(8) The faculty grievance committee shall make written recommendations to the president regarding the disposition of the grievance within ten calendar days of the conclusion of the hearing.
(9) The president of the institution, or his designee, shall review the grievance and issue a decision in writing within 12 calendar days after receipt of the grievance or faculty grievance committee recommendations. If the president rejects or modifies the recommendations of the faculty grievance committee, the reasons shall be stated in writing, and a copy provided to the grievant.
(10) The grievant may appeal, in writing, the decision of the president to the State Board of Higher Education within 15 calendar days of receipt of the president's decision for hearing in accordance with the Board's procedures in OAR 580-021-0055.
(1) "Faculty records" mean documents containing information kept by the institution, Dean, or department concerning a faculty member and furnished by him or by others at his or at the institution's, Dean's or department's request, including, but not limited to, information as to professional preparation and experience; personnel data relating to such matters as position description, academic rank, tenure status, compensation, other conditions of employment, leaves, retirement credits, workload, supplemental employment, and the like; employment performance relating to instruction, research, and scholarly achievement, professionally-related public service, and institutional service; and professional development plans and activity reports including, but not limited to, industrial employment, academic achievement, professional membership, leaves, patents, grants, awards, and recognition.
(2) For purposes of compliance with ORS 351.065, "records of academic achievement" shall mean the record of credits earned toward a degree or in post-doctoral work and/or certificate(s), diploma(s), license(s), and degree(s) received.
Limitation on Records
(1) Only such records as are demonstrably and substantially related to the educational and related purposes of the institution, division, or department shall be generated and maintained.
(2) No faculty member shall be required to give -- although he or she may voluntarily provide -- information as to race, religion, marital status, sex, political affiliation or preferences, except as required by valid state or federal laws, statutes, rules, regulations, or orders. In those instances in which the faculty member is asked for such self-designation for any purpose (including federal requests for information), the request shall state the purpose of the inquiry and shall inform the individual of the right to decline to respond. There shall be no designation in faculty records as to the foregoing except as the faculty member voluntarily makes the information available.
Location and Custody of Faculty Records
(1) All faculty records shall be kept within the President's, Dean's, or department chairman's offices in which they are utilized. The President, Dean, or department chairman shall be the official custodian of the personal records contained within the operating unit, unless another person is specifically designated in writing to assume this responsibility.
(2) The custodian of personal records shall maintain them in a manner which shall insure their confidentiality and security in accordance with these regulations.
(3) Any person, including administrative and clerical personnel, seeking access to personal records for authorized purposes, shall first secure the consent of the custodian.
Open Faculty Records for Access and Additions
(1) Each faculty member shall have access, upon request at a reasonable place and time, to all evaluative materials or other records originated or utilized by the President, Dean, division head, department chairman, or by personnel review committees relating to his or her renewal or appointment, promotion, tenure, or post-tenure review except as provided in subsections (a) and (b) of this section:
(a) Letters and other information submitted in confidence to the institution prior to July 1, 1975, shall be maintained in the files designated. However, if a faculty member requests access to those files, the anonymity of the contributor of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available except that portions of the text which would serve to identify the contributor shall be excised by a faculty committee. Only the names of the contributors and the excised portions of the documents may be kept in a file other than the three designated in OAR 578-042-0730;
(b) Confidential letters and other information submitted to or solicited after July 1, 1975, by the institution prior to the employment of a prospective employee shall not be made available to the prospective employee. However, if the prospective employee is employed by the institution, the confidential pre-employment materials shall be placed in the three authorized files. If a faculty member requests access to the member's files, the anonymity of the contributor of confidential pre-employment letters and other pre-employment information shall be protected. The full text shall be made available, except those portions of the text which would serve to identify the contributor shall be excised and retained in a file other than the three designated in OAR 578-042-0730.
(2) Any evaluation received by telephone shall be documented in each of the faculty member's files by means of a written summary of the conversation with the names of the conversants identified.
(3) Classroom survey evaluation by students of a faculty member's classroom or laboratory performance shall be anonymous. The record of tabulated reports shall be placed in at least one of the files designated in OAR 578-042-0730 of this policy. All survey instruments used to obtain evaluation data shall be returned to the faculty member.
(4) The institution shall not solicit nor accept letters, documents, or other material, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provided kept confidential when evaluating employed faculty members except as noted in section (3) of this rule.
(5) Each faculty member shall review his or her periodic regular written evaluation with the immediate evaluating officer (department chairman, division head, Dean, or President). A copy of the evaluative statement, duly signed by the faculty member, shall be placed in the faculty member's personal record file. Other evaluations given to the faculty member shall contain or have attached to it a statement informing the faculty member that he may, at his option, discuss the evaluative statement with the evaluating administrator.
(6) Each faculty member who believes the evaluative statement is incorrect or incomplete may enter into his or her personal record file such comments, explanation, or rebuttals as desired. These additions shall be attached to each copy of the evaluative statement retained by the institution.
(7) Faculty records shall be closed to all other persons and agencies except institutional personnel who have demonstrably legitimate need for particular information in order to fulfill their official, professional responsibilities with regard to the faculty member. Such personnel shall include, but not be limited to, the President, Deans, division heads, department chairman, and members of the institutional, divisional, and departmental personnel committees.
Release of Faculty Record Information
(1) Certain information about the faculty member may be released upon request and without the faculty member's consent. Such information shall be limited to directory information (that is, information generally needed in identifying or locating a named faculty member); the faculty member's full name, campus address and telephone number, home address, birthday (as distinguished from birth date) and such other
information as is readily found in published documents such as institutional catalogs.
(2) All other information, subject to such restrictions as the faculty member determines, can be made available only upon written consent directing the custodian to furnish specific information to the named individual or individuals.
(3) The President or his designated representative may release personal information contained in faculty records only when he determines that there is a clear and present danger to the safety of the faculty member or others and/or property and that disclosure of relevant personal information about the faculty member is essential in order to avoid or substantially minimize the danger. (The basis for such determination shall be provided to the faculty member in writing.) No such disclosure shall violate any evidentiary or testimonial privilege accorded by law.
Permanence, Duplication, and Disposal of Faculty Records
(1) Faculty records shall be maintained only for the minimum period of time required to serve the basic official functions of the office which generates and maintains it. It shall be disposed of in a manner such as to protect its confidentiality.
The permanent retention of faculty records shall be limited to those which the institutional executive or the State Archivist shall determine to be of long-range value to the individual faculty member, to the institution, or to the public.
(2) Duplication of permanent faculty records shall be permitted only when such records are required to serve the official functions of the office which maintains them and when the custodian has given his consent. Such duplicated permanent records as are made shall be destroyed in the same manner as temporary records, immediately following completion of the use which justified the duplicating. The duplicate copies will be lodged as provided in OAR 578-042-0730(1).
All duplicate copies of permanent faculty records and all temporary faculty records shall be maintained for a minimum period of three years after a faculty member departs from the institution. Such records shall thereafter be destroyed as soon as they are no longer needed and may not be retained in any event for more than seven years after a faculty member departs. Such records shall be destroyed in such a manner as to protect their confidentiality.