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OREGON UNIVERSITY SYSTEM, EASTERN OREGON UNIVERSITY
DIVISION 10
GRIEVANCE PROCEDURES
579-010-0006
Introduction
(1) The procedures presented here are an attempt to provide mechanisms by which alleged violations of rights, rules or policies in the operation of and the services provided by Eastern Oregon State College may be resolved in an orderly and timely manner.
(2) The college provides the assistance of a grievance counselor to help the individual with a complaint to understand the various procedures and to pursue the most direct channel to be heard and seek satisfactory resolution. Complainants are encouraged to use this assistance during the informal phase of problem solving.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. & ef. 4-6-78; EOSC 4-1978, f. & ef. 7-3-78; EOSC 1-1990, f. & cert. ef. 9-24-90
579-010-0011
Definition of Terms
(1) A "grievance" is an assertion that state or federal laws, Oregon Administrative Rules. College policies, or College procedures have been violated:
(a) Information to be included in a written grievance:
(A) Date filed;
(B) Grievant's name:
(i) Telephone;
(ii) Address where person can be reached;
(iii) Student or employee status.
(C) Other parties affected, if any;
(D) Date the grievance occurred;
(E) Statement of grievance;
(F) Respondent, if any;
(G) State or federal law, Oregon Administrative Rule, College policy or procedure allegedly violated;
(H) Pre-grievance attempts at resolution;
(I) Action proposed by the grievant;
(J) Signature of grievant;
(K) Signature of the person receiving the grievance.
(2) The "grievance counselor" is the impartial individual appointed by the College to assist the grievant in procedural matters without advocacy for either position. The grievance counselor assists the grievant:
(a) In pursuing the proper steps of the grievance procedures; and
(b) In the preparation of the grievance statement. The grievance counselor may assist both parties as requested by them.
(3) The grievance counselor will also act as a mediator and will attempt to resolve the problem by facilitating discussion between the parties involved in a complaint. The grievance counselor is listed under that title in the Eastern Oregon State College Faculty-Staff Directory.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. & ef. 4-6-78; EOSC 4-1978, f. & ef. 7-3-78; EOSC 1-1990, f. & cert. ef. 9-24-90
579-010-0016
Categories of Complaints and/or Grievances
Grievances are categorized below, for the purpose of establishing appropriate grievance procedures:
(1) Category 1: Grievances pertaining to employee relations of classified employees and student employees:
(a) Represented employees use their collective bargaining agreement;
(b) Excluded classified employees and student employees:
(A) Step 1 -- Immediate Supervisor;
(B) Step 2 -- Director, School Dean, Manager;
(C) Step 3 -- President (final decision point for student employees).
(c) Excluded classified employees:
(A) Step 4 -- Director of the Oregon Executive Department;
(B) Step 5 -- Oregon Employment Relations Board;
(C) Step 6 -- Oregon Court of appeals.
(2) Category 2: Grievances pertaining to employee relations by academic employees:
(a) Step 1 -- Director, School Dean, Manager;
(b) Step 2 -- Assembly Grievance Committee;
(c) Step 3 -- President;
(d) Step 4 -- Oregon State Board of Higher Education.
(3) Category 3: Grievances pertaining to acts of prohibited discrimination in the College's educational programs, including sexual harassment, as defined in OAR 580-015-0010 to 580-015-0160 and ORS 659.150 and 659.155. This procedure is not available for claims of discrimination in employment, promotion, tenure, or termination of employment except student employment:
(a) Step 1 -- College Compliance Officer;
(b) Step 2 -- Complainant Distributed by Compliance Officer;
(c) Step 3 -- Investigation;
(d) Step 4 -- Chancellor.
(4) Category 4: Grievances by students pertaining to courses and grading:
(a) Step 1 -- School Dean;
(b) Step 2 -- School Grievance Committee.
(5) Category 5: Grievances by students pertaining to the satisfaction of graduation requirements, academic probation, or academic suspension:
(a) Step 1 -- Scholastic Committee (normal review process);
(b) Step 2 -- Formal Hearing before the Scholastic Committee.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. 4-6-78; EOSC 4-1978, f. & ef. 7-3-78; EOSC 1-1990, f. & cert. ef. 9-24-90
579-010-0021
Category 1: Procedures for Complaints Involving Employee Relations – Classified Staff and Students
(1) Classified employees represented by OPEU shall follow the grievance procedures in the OPEU and Higher Education Coalition Collective Bargaining Agreement.
(2) Management Service employees excluded from the Collective Bargaining Agreement and student employees shall use the following procedures to resolve a complaint or grievance: Prior to any formal grievance action, every attempt should be made by the individual with the complaint to obtain a satisfactory resolution informally through his/her immediate supervisor:
(a) Step 1. The employee shall present the complaint or grievance orally or in writing to the immediate supervisor within 60 calendar days of the date of its occurrence. The supervisor shall attempt to resolve the matter and report the decision to the employee, orally or in writing, within 15 days of its presentation (OAR 579-010-0011(1)(b), for information to be included in a written grievance);
(b) Step 2. In the event the grievance is not settled at Step 1, the appeal must be presented in writing by the employee or his representative to the director, Dean of School, or manager responsible for the unit in which the grievant works within 15 days after the supervisor's response is due. The official receiving the written appeal, or a designated representative, shall respond in writing to the employee within 15 days after receipt of the appeal;
(c) Step 3. An appeal from an unfavorable decision at Step 2 shall be presented by the employee or his representative to the President of the college or his designee within 15 calendar days after the response at Step 2 is received or is due. The President or his designee shall respond in writing to the employee within 15 days after receipt of the appeal;
(d) Grievances of management service staff which are still unresolved after Step 3 may be presented, in writing, to the Director of the Executive Department within seven calendar days of receipt of the written decision of the appointing authority;
(e) A discrimination grievance not resolved at the College level, may be appealed in writing to the Civil Rights Division of the Bureau of Labor, alleging that the aggrieved action constitutes a violation of federal and/or Oregon laws prohibiting discrimination:
(A) After 15 calendar days, the Director, Executive Department, shall render a written response within 15 calendar days of the date the appeal was filed in writing with the Director;
(B) The employee may appeal to the Employment Relations Board, in writing, not later than ten calendar days after receiving written response from the Director of the Executive Department;
(C) The Employment Relations Board shall, upon receipt of a timely appeal, hold a hearing and made a determination;
(D) The employee or appointing authority may appeal an Employment Relations Board final order to the Court of Appeals within 60 days of the date of the Board's order.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. & ef. 4-6-78; EOSC 4-1978, f. & ef. 7-3-78; EOSC 1-1990, f. & cert. ef. 9-24-90
579-010-0026
Category 2: Procedures for Complaints Involving Employee Relations – Academic Staff
(1) Prior to any grievance actions, every attempt should be made by the individual with the complaint to obtain a satisfactory resolution informally through his/her immediate supervisor. The supervisor must respond within 15 days of hearing of a complaint.
(2) In the event a complaint cannot be settled informally, employees with academic rank shall use the following procedures to resolve complaints or grievances pertaining to employee relations.
(3) "Grievance" in this case means the assertion by an academic employee that the employee was wronged in connection with compensation, tenure, promotion, or other conditions of employment or that the employee's rights were denied as to reappointment. However, challenges to disciplinary actions or procedures shall be raised under OAR 580-021-0320. For further information see: 580-021-0050. A grievant entitled to "contested case hearing" may elect to use the following procedure instead.
(4) Whenever there is not a timely response at a step in the process outlined below, the grievant may pursue an appeal directly at the next step.
(5) Step 1. The academic employee shall reduce the complaint to writing and present the complaint as a grievance to the Director, Dean of School, or Manager responsible for the unit in which the grievant works within 60 calendar days of the date of the occurrence of the matter causing the grievance. If the grievance is against the Director, Dean of School, or Manager, the grievant may present the complaint to the Director, Dean of School, or Manager's supervisor. The person to whom the grievance is presented shall attempt to resolve the matter and report the decision to the employee, in writing, within 15 calendar days of its presentation (see OAR 579-010-0011(2)(b), for information to be included in a written grievance).
(6) Step 2. Submission to the Assembly Grievance Committee and Action by that Committee:
(a)(A) In the event the grievance is not settled at Step 1, an appeal must be presented in writing by the grievant or his representative to the chairperson of the Assembly Grievance Committee within 15 calendar days after the decision from Step 1 is received or is due. The grievance counselor may assist the grievant in preparing the appeal or in other procedural matters;
(B) At the grievant's option, the appeal may be submitted directly to the President as in Step 3 below.
(b) The deadline for filing appeals in this category which occur during the summer session, when assembly committees are not available, may be extended if agreeable to the grievant; or the President may appoint, based upon consultation with the Executive Committee, a special grievance committee, on a case by case basis, upon petition by the grievant. The appointed committee shall include as many regular members of the grievance committee as possible;
(c) The appeal of a grievance under this category may be heard by only the faculty subcommittee;
(d) Within 45 calendar days of receipt of the appeal by the Chair of the Assembly Grievance Committee the subcommittee shall have a formal hearing of the grievance according to the procedures presented in -- Proceedings of a Formal Hearing Before the Assembly Grievance Committee:
(A) The subcommittee or the full Assembly Grievance Committee chosen by the grievant shall consult with both the grievant and respondent to ascertain the time most convenient for a hearing and shall give all parties at least 15 calendar days written notice of the time, place, and nature of the hearing. The time for notice may be shortened or extended by stipulation of all parties;
(B) The hearing may be open to the public at the option of the grievant and to the extent allowed by law. The grievant must request an open hearing in writing to the Chairperson of the Committee or the appropriate sub-committee with a copy to the respondent. The request must be made at the time the grievance is submitted to the Assembly Grievance Committee. If the grievant requests that the hearing be open to the public, the committee shall decide whether the law allows the hearing to be open;
(C) At least five days prior to the hearing the grievant and respondent must present to the committee a list of the name and addresses of witnesses who have been requested to appear. The committee will then notify the grievant and respondent(s) of the names of all witnesses;
(D) The committee itself shall determine which members shall preside over the hearing. A quorum of 3/4 of either subcommittee or 2/3 of the full Assembly Grievance Committee must be present to conduct the hearing;
(E)(i) Either party to the proceedings may request a member of the committee be disqualified because of bias. This request must be submitted in writing to the chairperson of the Committee no less than 7 calendar days before the scheduled hearing. Disqualification requests will be ruled upon by the Committee;
(ii) Any member of the committee may withdraw from the proceedings because of personal bias;
(iii) The President of the college, after consulting with the Executive Committee, will appoint the number of replacements required to make a quorum.
(F) Each party shall receive a complete record of the hearing;
(G) The grievant and the respondent maybe represented at their own expense;
(H) The committee shall not be bound to follow court procedures or rules of evidence. At the hearing, the committee shall receive the testimony of witnesses and other evidence concerning any disputed facts;
(I) The grievant and the respondent have the rights to appear, to participate in the hearing, and to present relevant evidence to the committee. They shall have the right to confront and cross-examine all witnesses and shall be given reasonable opportunity to submit rebuttal testimony or other evidence;
(J) At the conclusion of the testimony, the committee shall permit each side to make an oral summation. When the committee is satisfied that all pertinent and available evidence has been received, the hearing will be adjourned;
(K) Committee decisions will be based upon a majority vote and will be reported by the committee chair.
(e) Within 15 calendar days of the close of the formal hearing the committee shall make a statement of the findings of facts, conclusions, and recommendations to the President based upon the hearing record. At the same time, copies of these statements will be sent to the grievant, respondent, and one copy to a grievance file maintained by the Assembly Grievance Committee.
(7) Step 3. The President shall respond in writing to the grievant within 15 calendar days after receipt of the recommendation from the Faculty Subcommittee of the Assembly Grievance Committee. If the President rejects or modifies the recommendation of the subcommittee, the reasons shall be stated in the response.
(8) Step 4. The grievant may appeal the decision of the President to the Oregon State Board of Higher Education pursuant to OAR 580-021-0050. Notice of appeal must be within 15 days of receipt of the decision of the President.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. & ef. 4-6-78; EOSC 4-1978, f. & ef. 7-3-78; EOSC 1-1988(Temp), f. & cert. ef. 10-17-88; EOSC 3-1988, f. & cert. ef. 12-27-88; EOSC 1-1990, f. & cert. ef. 9-24-90
579-010-0030
Category 3: Procedures for Complaints or Grievances Pertaining to Acts of Prohibited Discrimination in the College's Educational Program, Including Sexual Harassment, as Defined in Oregon State Board of Higher Education Administrative Rules 580-015-0010 to 580-015-0160 and Oregon Revised Statutes 659.150 and 659.155
This procedure is not available for claims of discrimination in employment, promotion, tenure, or termination of employment except student employment.
(1) Step 1. Complaints of prohibited acts of discrimination reported by any employee or student of the college or any person in the State of Oregon, about Eastern Oregon State College, shall be made to the college compliance officer. Complaints shall be reduced to writing by the compliance officer if not submitted in writing, and signed by the complainant, setting forth the factual basis of the alleged noncompliance, within 180 days or 365 days, if the complaint alleges sexual harassment or other prohibited sexual harassment as defined by OAR 580-015-0010(b) and (c) from the date of the alleged non-compliance. The college grievance counselor should be consulted by the grievant for assistance in formulating the complaint statement and following up on such complaints. The compliance officer may refer complainants to the grievance counselor for the assistance.
(2) Step 2. Upon receipt of the complaint, the compliance officer shall promptly cause copies of the complaint to be delivered to the President of the college and to any individual respondents and to the Chancellor of the Department of Higher Education. The compliance officer shall retain a copy of the complaint in files established for that purpose.
(3) Step 3. Within 30 days after receipt of the complaint, the college shall complete such investigation of the matter as it deems necessary, order the corrections of any noncompliance that is found to exist or to have occurred and transmit a report of the findings of its investigation and corrective action to the Chancellor, to the complainant, and to the college compliance officer. The 30 day period for response may be extended for not to exceed another 30 days, upon application by the college to the Chancellor.
(4) Step 4. If the complainant is not satisfied with the report, or no report is made within the time allotted, the complainant may request in writing that a hearing on the complaint be held. The request shall state the grounds upon which the complainant deems the report unsatisfactory. The request shall be filed with the compliance officer who shall forward a copy promptly to the Chancellor. Upon receipt of the request, the Chancellor may order the hearing; provided, however, that the Chancellor may review the report and other information presented to him and may then, in his discretion, order that no hearing be held and declare that the action of the institution is satisfactory. The Chancellor's order shall be final.
NOTE: Whenever, in the judgement of the Chancellor, an institution or agency fails to conduct a satisfactory investigation, fails to take appropriate corrective action, or fails to make reports on complaints within the 30 day period where no extension has been granted or within the period allowed under the extension, the Chancellor shall initiate his own investigation of the complaint.
For information regarding appeals to the Chancellor, and subsequent hearing procedures refer to Administrative Rules 580-010-0010 – 580-015-0160.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. & ef. 4-6-78; EOSC 4-1978, f. & ef. 7-3-78; EOSC 1-1990, f. & cert. ef. 9-24-90; EOSC 2-1995, f. & cert. ef. 2-16-95
579-010-0035
Category 4: Grievances Pertaining to Courses and Grading
The assignment of grades for students' work in a course is at the heart of the faculty member's responsibility. Only the faculty member responsible for a course can judge students' performance in that course. Thus, only the faculty member responsible for a course can assign letter grades (A, B, C, D, F) or recommend changes of letter grades (A, B, C, D, F) for the course. In pursuing a resolution to complaints under Category 4, the complainant, prior to any grievance action, must attempt to obtain a satisfactory resolution informally from the individual instructor.
(1) Step 1:
(a) If a complaint has not been resolved between the faculty member and student, the student may refer the matter to the Dean of the School responsible for the course in question. This must occur within one regular term of the term in which the grade was assigned. At this step a written statement of grievance is not required. The Dean of the School shall seek to resolve the matter and will report a decision or resolution to the student within fifteen calendar days;
(b) If at that point the student feels that the matter has not been satisfactorily resolved, it may be resubmitted to the Dean as a written grievance. The Dean shall investigate the grievance either directly or by referring it to the School's Grievance Committee for recommendation;
(c) If the Dean investigates the grievance directly, the Dean will forward a written report to the student and to the President of the College within 15 calendar days of receipt of the grievance.
(2) Step 2:
(a) If the Dean refers the issue to the School Grievance Committee for a recommendation, the Committee will conduct an informal fact-finding hearing and within ten calendar days after the close of the hearing will submit a finding of facts and a recommendation in writing to the School Dean. In regard to course grades, the committee may recommend that the grade stand, or that the course and grade be expunged from the student's transcript, or that a letter grade be changed to an S or U depending on which is appropriate based upon the letter grade submitted by the instructor. The committee may also recommend to the Dean that the instructor make appropriate changes in course requirements, grading procedures or grading practices. Within five days after the receipt of the recommendation from the committee, the School Dean will issue a decision on the grievance. Copies of the decision will be sent to the grievant and to the respondent. In any case where the Dean decides that a course and grade shall be expunged from the student's transcript a recommendation with rationale shall be forwarded by the School Dean to the Dean of Academic Affairs who will make a final decision to be reported in writing to all parties;
(b) Proceedings of the fact-finding hearing by a school grievance committee:
(A) Within ten calendar days of the receipt of the grievance document, the committee will forward a copy of the grievance document to the respondent and will notify both the grievant and the respondent of the time and place of the opening session. The hearing will begin at least seven calendar days after the date of notice and no more than twenty-one calendar days after receipt of the document by the committee;
(B) Both the grievant and respondent may be represented by anyone of their choice, at their own expense and may present pertinent written evidence or have witnesses present pertinent facts on their behalf;
(C) The fact-finding hearing will be informal. No formal minutes will be taken nor will evidence be maintained in files;
(D) The committee itself will determine which member shall preside over the hearing. A quorum of 2/3 of the committee members must be present to conduct the hearing;
(E) Members of the committee may ask pertinent questions of either party in the spirit of revealing all facts about the matter and arriving at an equitable solution;
(F) If subsequent sessions of the hearing are necessary, the time and place of the next sessions will be established prior to the adjournment of the session if possible.
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. & ef. 4-6-78; EOSC 4-1978, f. & ef. 7-3-78; EOSC 1-1990, f. & cert. ef. 9-24-90
579-010-0040
Category 5: Grievances by Students Pertaining to the Satisfaction of Graduation Requirements, Academic Probation, or Academic Suspension
(1) Step 1: The College's Scholastic Committee should be contacted for any appeals of decisions regarding graduation requirements, academic probation, or academic suspension. The Scholastic Committee has regular procedures for appeals of such decisions.
(2) Step 2: In the event that students are dissatisfied with the decision of the Scholastic Committee, the students may request that the Scholastic Committee hold a formal hearing using the rules described for "Proceedings of a Formal Hearing Before the Assembly Grievance Committee":
(a) Within fifteen calendar days of receipt of the decision of the Scholastic Committee under Step 1 the student must file a formal "Statement of Grievance" form with the chair of the Scholastic Committee;
(b) The formal hearing will be held by the Scholastic Committee within thirty calendar days of receipt of the "Statement of Grievance" except that the period from June 16 through September 15 shall not be included as part of the calendar since they are not normal parts of the academic year;
(c) Within fifteen calendar days of the adjournment of the hearing, the Chair of the Scholastic Committee shall report in writing to the student and to the President of the College the Committee's decision.
[Publications: The Statement of Grievance Form referred to in this rule is available from the agency.]
Stat. Auth.: ORS 351.070
Stats. Implemented: ORS 351.070
Hist.: EOSC 1-1978(Temp), f. & ef. 4-6-76; EOSC 4-1978, ef. & ef. 7-3-78; EOSC 1-1990, f. & cert. ef. 9-24-90
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