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14.1. Definition

For the purposes of this Handbook, there are two categories of grievances:

  • Major issues concerning a faculty member鈥檚 professional appointment that are heard by the peer review committees (Section 14.2 鈥漃eer Review Process鈥), and
  • All others (see Section 14.3 鈥淐omplaint Process鈥).

14.2. Peer Review Process

The Peer Review Process is confidential except as agreed to by the grievant faculty member and the University, through its appointed representatives, or as provided herein, or as may be required in a court of law.

14.2.1. Matters Subject to Peer Review

Only the following matters, all of which affect a faculty member鈥檚 professional employment at the University, may be appealed to or heard by the Peer Review Process:

鈥&苍产蝉辫;Denial of reappointment, promotion or tenure;

鈥&苍产蝉辫;Cases involving alleged illegal discrimination, except for cases of alleged sexual discrimination which are covered in Section 16.8 鈥淪exual Harassment/Gender Discrimination鈥 of this Handbook;

鈥&苍产蝉辫;Cases involving alleged violation of professional ethics and responsibilities, as set forth in Section 16.3 鈥淧rofessional Ethics and Responsibilities鈥 in this Handbook;

Termination for medical reasons, as set forth in Section 10.5 鈥淭ermination for Medical Reasons鈥 in this Handbook;

鈥&苍产蝉辫;Program reduction and faculty reassignment, as set forth in Section 10.6 鈥淧rogram Reduction and Faculty Reassignment鈥 in this Handbook;

鈥&苍产蝉辫;Termination for cause, as set forth in Section 10.8 鈥淭ermination for Cause鈥 in this Handbook; and

鈥&苍产蝉辫;Cases involving disagreement with a post-tenure review development plan, as set forth in Section 9.6.4 鈥淧ost-Tenure Development Plan鈥 in this Handbook.

The Peer Review Process will deal with appeals and grievances of matters listed above only for persons who receive a faculty contract; no person who receives an administrative contract (e.g. director, dean, associate provost, vice president) may utilize the Peer Review Process.

Section 14.3 鈥淐omplaint Process鈥 applies to all other complaints, grievances and appeals by faculty members.

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14.2.2. Composition of Peer Review Committees

14.2.2.1. Membership of the Committees

There shall be two peer review committees. The Peer Review Advisory Committee shall consist of five members and five alternate members. The Peer Review Hearing Committee shall consist of five members and five alternate members. Alternate members of either Peer Review Committee may be called upon to serve on the other Peer Review Committee; however, no alternate can serve on both Committees to hear the same case. If it is necessary to constitute a full committee, the Faculty Senate Executive Committee shall appoint members to serve until elected members replace them. Members will serve four-year terms beginning on July 1 of the initial year and extending through June 30 of the final year of service. If a hearing is in progress, Committee members are required to continue their service beyond June 30 of the final year until the hearing is concluded.

14.2.2.2. Election of the Committee Members

The members of the Peer Review Committees will be elected at large by the full-time faculty of the University eligible to vote for Faculty Senators. The election shall be conducted by the Faculty Senate Elections Committee. Nominations shall be sought from all full-time faculty eligible to vote for Faculty Senators.

Elections will be held according to the schedule of elections developed by the Elections Committee of the Faculty Senate. Members shall be elected by frequency of votes. In event of a tie, the matter will be settled by the Elections Committee, with the advice and consent of the affected individuals and the President of the Faculty Senate. Membership on the Peer Review Committees should be from a broad representation of the University faculty; therefore no Department/School will be represented by more than one faculty member on each Committee.

14.2.2.3. Terms of the Committee Members

Members of the Peer Review Committees must be tenured full-time faculty. They shall serve staggered four-year terms (1 July to 30 June) to provide continuity of membership. The alternates will serve two-year terms (1 July to 30 June).

14.2.2.4. Chairs of the Committees

Each committee will elect a chair who shall serve for one year.

14.2.2.5. Conflict of Interest

No member of either Peer Review Committee shall serve in the appeal or review of any matter arising from the department(s)/school(s) (or college in the case where there are no departments or schools) of the member鈥檚 appointment, in any case in which the member participated in prior to referral to the Peer Review Committee on which the member participates, nor in any matter in which the member may legitimately be called as a witness. It is the responsibility of committee members to exclude themselves from participating on a committee in any proceeding in which they have any other conflict of interest.

14.2.3. Procedure

14.2.3.1. Filing the Petition

Any faculty member wishing to initiate a review by the Peer Review Process must file with the provost one original and eight copies of a written petition. The petition must comply with the following requirements:

 Clearly state the nature of the grievances and any/all attempts that the faculty member has made to resolve the grievance(s); only those grievances listed in Section 14.2.1 of the Handbook can be investigated by the Peer Review Committees. If the faculty member wishes to submit supporting documentation, one original and eight copies of the documentation must be included with the copies of the written petition to the provost. Although decisions regarding the inclusion of supporting documentation are the sole responsibility of the faculty member, the Peer Review Committees discourage the submission of documents unrelated to the specific grievance(s).

 Be filed within the time limits prescribed by the applicable section of this Handbook; for reappointment, promotion, and/or tenure decisions the time limit is fifteen (15) University working days of receipt of the notice from the provost (Section 3.2.13); if no time limit is prescribed elsewhere in this Handbook, the petition must be filed no later than 60 days of the date of the alleged grievous conduct; if a petition is filed after the prescribed time, it shall be dismissed.

14.2.3.2. Withdrawing the Petition 

An aggrieved faculty member may withdraw a petition for Peer Review at any time prior to the completion of the Peer Review Process. The faculty member must file a written request with the provost asking that the petition be withdrawn. Withdrawal of the petition shall be effective on the date the written request is received in the office of the provost and all further consideration of the petition shall cease immediately.

14.2.4. Peer Review Advisory Committee

14.2.4.1. Initiating the Process

Within five (5) working days of receipt of a timely filed petition and any supporting documentation, the provost shall forward copies of the petition and any supporting documentation received from the faculty member to the Chair of the Peer Review Advisory Committee, the dean of the college in which the aggrieved faculty member resides; the department chair/school director; the chair of the Reappointment, Promotion, and Tenure Committee of the grievant faculty member鈥檚 department/school; and/or any other legitimate respondent to the grievance.

14.2.4.2. The Committee Process

Upon receipt of a petition and any supporting documentation for peer review, the dean of the college in which the faculty member resides, the department chair/school director, the chair of the Reappointment, Promotion and Tenure Committee, and/or other respondents may each file a written response to the petition, including supporting evidence, with the Peer Review Advisory Committee within ten (10) University working days of receipt of the faculty member鈥檚 documentation. Any respondent filing a written response to the petition shall provide the grievant with a copy of said response. The grievant faculty member may respond in writing within ten (10) University working days of receipt of the response(s) from the dean; department chair/school director; chair of the Reappointment, Promotion, and Tenure Committee; and/or other respondents. The chair of the Peer Review Advisory Committee will notify, in writing, all the parties described above of their right to submit a response and will provide each Advisory Committee member with copies of all correspondence.

Normally the Pe