Faculty Workplace Grievance FAQs

It is recognized that legitimate problems, differences of opinion, complaints, or grievances will occasionally arise in the relationship between the institution and its faculty.  Many such complaints are resolved informally through discussions or formally through procedures available under institutional human relations codes and institutional or System policies on appointment, rank, and tenure.  On occasion, however, complaints will arise that cannot be resolved through informal discussion or through formal procedures described above because they pertain to issues that are not within the subject matter of those documents.

A separate policy governs grievances related to promotions.  A separate FAQ for promotion grievance concerns is available here.

UMCES’ Faculty workplace grievance policy is governed by the USM policy of faculty grievances ( USM 46.0 II-4.00-POLICY ON FACULTY GRIEVANCES).  Here we provide guidance on the UMCES faculty grievance procedures as a series of frequently asked questions - but full details are in the policy (II-4.00 UMCES Policy on Faculty Grievances )

What is a grievance?

• What should I do if I have a problem, complaint or grievance?

• Answer: Any problems, differences of opinion, complaints, or grievances between the institution and a faculty member may be solved through any of the following options:

• Informal discussions among parties, with an option of including a third party such as the lab director to seek a satisfactory resolution.
• UMCES Ombuds process - a peer-to-peer process in which problems and concerns can be shared and guidance provided for possible options for resolution.
• A formal grievance process.  If the issues cannot be resolved through informal discussion or through formal procedures described above because they pertain to issues that are not within the subject matter of those documents, a faculty member should move forward with filing a formal complaint/grievance.

• Note for Faculty: Certain administrative decisions may not be grieved because they involve actions which are subject to appeal according to other policies and procedure. Among these are decisions involving promotion and tenure (link to policy), appointment termination as a result of a finding of academic misconduct (link to policy), and assignment to an academic program. This list is not exhaustive, and faculty members are urged to review the appropriate policies under which an alleged grievable act has been committed.

• What is a grievance?

• Answer: A signed complaint by a faculty member against UMCES or specific individual institutional officers that alleges a violation of institutional policy by an academic administrator in the performance of any official action or inaction which adversely affects the faculty member in his/her academic or professional capacity.

• What types of issues can be reviewed by the formal grievance policy?

• Answer: Grievances can be filed for any actions or inaction by an academic administrator which adversely affects the faculty member in his/her academic or professional capacity.  Examples of actions related to grievance could include salaries, space assignment, work environment, and workload. There are several specific areas that can not be challenged under this policy, typically because there are separate appeals/grievance procedures outlined in other policies.

• What types of issues can not be reviewed by the formal grievance policy?

• Even if a complaint otherwise meets the definition above, it shall not be reviewed under the procedures established if it is filed by a faculty member who is subject to the following:

• Any decision or action involving faculty appointment, or merit review.
• Any decision relating to promotion.
• Any decision or action involving termination of a faculty member’s appointment as a result of a finding of academic misconduct.

• Who can file a formal grievance?

• Answer: An individual UMCES faculty must make a grievance on their own behalf unless it is a single complaint involving more than one faculty member. A group complaint may be submitted provided that each faculty member signs the grievance form and the material facts and issues are substantially the same.

• How soon after experiencing an issue should I request a formal grievance?

• A formal grievance shall be filed within 120 calendar days from the date of the act giving rise to the complaint or the date that the faculty member reasonably should have had knowledge of the act, whichever is later.

Process

• If my issue meets the qualifications of a formal grievance, what is the first step?

• Answer: The first step is the submission of a formal letter of grievance to your Laboratory Director. This begins the formal process of review under the provisions of the UMCES policies on Faculty Grievances. Note: If the grievance concerns actions of your Laboratory Director, the submission can be to the Vice President for Administration.

• What elements are required to submit a grievance?

• The letter of grievance should identify the following elements.  

• Evidence that the alleged act did occur
• Evidence that the alleged act was performed or approved by the academic administrator involved
• How the alleged act adversely affects the aggrieved party(ies)
• Steps that have been taken to resolve the issue informally.
• The remedy sought.

• The grievance must be signed by the aggrieved party(ies).

• What happens once my Laboratory Director receives my formal letter of grievance?

• Answer: The Laboratory Director will investigate the grievance as expeditiously as possible. The Director’s proposed formal resolution, including any suggested remedies, will be provided in writing to the aggrieved party.

What if I am not satisfied?

• What if I am not satisfied with the resolution my Director issues?

• Answer: A written appeal can be submitted to your Laboratory Director within 10 calendar days of receipt of the written resolution.
• Note: If a written appeal of the resolution is not filed within the 10 calendar days, the grievance will be considered resolved, and a copy of the original complaint and the written resolution shall be placed in the faculty member’s personnel file.

• If I appeal my Laboratory Director’s initial resolution of my grievance, what happens next?

• Answer: Your Laboratory Director shall transmit your grievance complaint to the Vice President for Administration. The Laboratory Director will provide the Vice President for Administration with the following:

• The original letter of grievance
• Any material, correspondence or documents collected by the Laboratory Director during their investigation
• The Laboratory Director’s letter providing the proposed formal resolution to the grievance
• The letter of appeal from the aggrieved party(ies)

• Note: If the alleged acts were performed under the auspices of the Office of the Vice President for Administration, the appeal  would then be reviewed directly by the President of UMCES.

• How will the Vice President for Administration be involved with my appealed resolution?

• The Vice President for Administration may consult with the grieving individual, the Laboratory Director, and any other individuals affected by the complaint, in an attempt to resolve the grievance.
• The Vice President for Administration may seek legal counsel in seeking a resolution.
• The Vice President for Administration shall provide a written resolution of the complaint to the grieving faculty member and Laboratory Director as expeditiously as possible.

• What if I am not satisfied with the Vice President for Administration’s resolution?

• Answer: A written appeal within 10 calendar days of receipt of the written resolution may then be filed with the Vice President for Administration.
• Note: If a written appeal of the resolution is not filed within the 10 calendar days, the grievance will be considered resolved, and a copy of the original complaint and the written resolution shall be placed in the faculty member’s personnel file.

• What grievances are seen by the UMCES President?

• Grievances alleging acts performed by the Vice President for Administration
• Appealed resolutions made by the Vice President for Administration
• Faculty member appealed disciplinary actions imposed by the President as a result of a finding of academic misconduct.

• If I appeal the Vice President for Administration’s resolution of my grievance, what happens next?

• Step One: The President of UMCES shall be the final arbiter of grievances made by Faculty. The President shall be provided a complete file of all information obtained by the Vice President for Administration, plus the written resolution proposed by the Vice President of Administration, materials developed by the Laboratory Director, and the Laboratory Director’s proposed resolution and the faculty member’s written appeal of same.
• Step Two: The President shall request the Chair of the UMCES Faculty Senate to convene that body as a Faculty Grievance Board for the purpose of hearing the grievance and formulating an advisory opinion to be considered in formulating a final resolution. Note: In those cases where the grievance has originated from disciplinary action taken after a finding of academic misconduct, the resolution established by the Faculty Grievance Board shall be binding and final.
• Step Three: The President shall formulate a final resolution in writing to be addressed by the grieving individual, the Vice President for Administration, the Laboratory Director, and the Chair of the UMCES Faculty Senate.
• Step Four: The final resolution of a grievance promulgated by the Office of the President shall be final and all parties bound by it. The grievance will be considered resolved, and a copy of the original complaint and the written resolution shall be placed in the faculty member’s personnel file.

• How is the Faculty Grievance Board, and UMCES Faculty Senate Chair, involved in the final resolution made by the President? 

• The Senate shall convence as a Faculty Grievance Board within 10 days of the date of receipt by its Chair of a grievance transmitted from the Office of the President. The Senate Chair and Secretary shall act as such for the Grievance Board.
• The Faculty Grievance Board, at their first meeting, shall review the grievance and the attempted resolution(s), if any, and establish whether or not to convene a full hearing.

• If the majority of the members vote against convening a full hearing, the Faculty Grievance Board may direct its Chair to record an opinion based on the nature of available information and transmit this plus any opinion and dissenting report(s), if any, to the President of UMCES.
• If the Faculty Grievance Board elects to convene a full hearing, the Chair informs all parties in writing and schedules such hearing within reasonable elapsed time to permit the parties to make arrangement for attendance and to assemble necessary information. Note: Under no circumstances shall the time between the initial meeting of the Senate as Faculty Grievance Board and the commencement of the hearing exceed 30 calendar days.

• If a full hearing convenes (see UMCES Policy on Faculty Grievance for full hearing process) the Faculty Grievance Board shall make its decision on the grievance, including its findings and recommended action, if any, based upon the vote of a majority of its voting members. Within 10 days of the conclusion of the hearing, the Chair shall formulate a written report of the decision of the Faculty Grievance Board, including any significant dissents therefrom, and forward such report to the President as an advisory opinion in the matter, with copies to the faculty member bringing the grievance and to the UMCES administrator whose action forms the basis of the grievance.
• The President shall inform all parties, and the Chair of the UMCES Faculty Senate of their final decision regarding resolution of the grievance within 30 calendar days of receipt of the opinion/report of the Faculty Grievance Board.
• The grievance will be considered resolved, and a copy of the original complaint and the written resolution shall be placed in the faculty member’s personnel file.