SOUTHERN
POLICIES AND PROCEDURES
EEO/INSTITUTIONAL ACCESS AND
EQUITY
EFFECTIVE: November 14, 2005 POLICY NUMBER: 2.8
UNIVERSITY
GRIEVANCE POLICY AND PROCEDURE
A. Policy
1. It
is the policy of the University to treat each faculty member, staff member, and
student in an open and fair manner and without discrimination. The University reaffirms here its fundamental
belief in the rights of all persons and its firm position against any action
that may infringe upon or abridge such rights.
It is University policy that any member of the faculty, staff, student
body, or administration, who believes that her/his rights may have been
abridged or infringed by the University, may file a complaint with the
University's Office of Institutional Access and Equity. This policy ensures the Complainant's
protection against harassment, intimidation, and reprisal by any representative
of the University for exercising the right to express dissatisfaction with any
condition of employment or University life.
2. This
Grievance Policy and Procedure may be used by any Complainant who believes that
improper or discriminatory action has been taken which abridges the
Complainant's rights or contravenes the applicable policies and practices of
Southern Methodist University or of any federal or state law.
3. The
policy further guarantees that any complaint under investigation shall be
treated with confidentiality. No record
of any complaint may be placed, or referred to, in any employee's personnel
file. No record of any discrimination
complaint will be kept except by the Office of Institutional Access and Equity.
B. Complaint Resolution
The principal objective of the grievance procedure is the resolution of
complaints with fairness and justice, while maintaining the dignity of all
concerned. The Complainant is urged
first to discuss the matter with the supervisor in an effort to reach a
mutually agreeable conclusion. If such a
result is not achieved, it is suggested that the matter then be discussed with
the head of the particular department, or the vice president of the particular
line. Should the department head or vice
president be unable to resolve the problem within ten working days, it is advised
that the following grievance procedure be used.
If the Complainant is a member of the faculty, that faculty member is
urged to use the normal procedures for informal resolution of complaints. First through consultation with the
department head, if applicable, then through consultation with the dean of the
particular school, and finally an appeal to the Provost's Office. Should resolution be unsatisfactory to the
Complainant, a faculty Complainant is advised, also, to use the following
grievance procedure.
In the case of a student complaint, the student is urged to discuss the
matter with the Dean of Students and if it is not resolved there to take it to
the Vice President for Student Affairs.
Should resolution be unsatisfactory, the student is advised to use the
following grievance procedure, also.
C. Procedure for Handling Grievances
1. The
Complainant should discuss the charge with the Director of the Office of
Institutional Access and Equity, within a reasonable time after the date of the
incident or condition which caused the complaint, or within ten working days
after the Complainant's failure to gain the relief sought. The ten-working-day period may be extended at
the discretion of the Director of the Office of Institutional Access and
Equity.
The
Complainant may choose one person from the University to accompany her/him to
the initial conference.
2. The
Director of the Office of Institutional Access and Equity shall attempt to resolve the matter within ten working days, and
in so doing shall proceed as follows:
a. Discuss
the matter with the Vice President in whose area the problem has arisen and
enlist her/his support in a thorough investigation of the complaint; and
b. Enter
into dialogue with all parties concerned in an attempt to resolve the matter on
an informal basis.
3. If
the Director of the Office of Institutional Access and Equity is unable to solve the problem, she/he
will arrange a conference with the Complainant immediately to discuss the
status of the matter and to advise the Complainant of the right to request a hearing
by a grievance panel. Should the
Complainant wish to pursue this course of action, the Director of the Office of
Institutional Access and Equity shall advise the Complainant to request a
formal hearing in writing within ten working days after being so advised.
4. If
the Complainant requests that the matter be heard by a panel, the Director of
the Office of Institutional Access and Equity shall proceed as follows once
that office determines a hearing is appropriate
a. Acknowledge
and grant in writing the Complainant's request.
Copies of the response as well as the Complainant's request will be sent
to all parties to the issue.
b. Request
that organized bodies representing constituent groups each submit annually to
the Office of Institutional Access and Equity no more than 15 names of
individuals who may serve on hearing panels upon request. From these names, supplemented by those of
other appropriate individuals, the Vice President of the line affected, the
aggrieved person, and the Accused shall each select one person to serve on the
hearing body. The three persons so
selected shall constitute the panel to examine the grievance; and
c. Contact
in writing all parties to inform them of the date, time, and place of the
hearing.
5. The
Director of Institutional Access and Equity
shall be the permanent chairperson of the panel, serving without a vote.
6. The
panel shall examine the problem with great care to ensure that the standards of
due process are met. Witnesses may be
identified and called to testify and documents may be requested for
examination. The University Attorney and
the Director of Human Resources may be invited as resource persons, as needed,
by the grievance panel.
7. The
panel shall make a determination based upon the greater weight of credible
evidence. When necessary, it shall
establish remedial recommendations as a part of its decision. The University administration is responsible
for seeing that the remedial recommendations are carried out. Decisions of the panel are binding unless
modified by the President.