3.5.0 Faculty Grievance Procedure

A. Purpose

The purpose of this policy is to provide a timely, efficient, and equitable method for resolving faculty complaints arising out of some condition or aspect of the employer-employee relationship.

B. Persons Affected

Faculty

C. Definitions

Not applicable.

D. Policy

Each faculty member may express a grievance with the assurance of timely and thorough consideration. Grievants utilizing the grievance procedure in good faith shall not be subject to retaliation related to the filing of a grievance. 

E. Responsibilities

The Division of Academic Affairs, Faculty Senate, Office of the President

F. Overview

The Faculty Grievance Procedure (Refer to Regents’ Rule 31008.) is intended to provide an effective process for the review and equitable resolution of contentions of a faculty member that an administrative decision or action affecting the faculty member has not been made in substantial compliance with established University criteria or procedures; that there is no rational basis for the decision or action; or that the decision or action was based upon criteria that were unlawful under the state or federal constitution, laws or court decisions. All faculty are entitled to present a grievance pursuant to this procedure. 

Issues Subject to Grievance Procedures 

The primary purposes of the Faculty Grievance Procedure are to protect academic freedom and promote academic responsibility. The Faculty Grievance Procedure is available for review of complaints related to an administrative decision or action that affects a faculty member and relates to wages; hours of work; working conditions; merit salary increase; promotion; assignment or reassignment of duties; the denial or withdrawal of a University benefit or privilege; assignment of University facilities, University equipment or support staff; or a reduction in salary or rank.

The grievance procedure described replaces all other formal departmental, college or University grievance procedures except those related to matters to which this procedure does not apply. 

The Faculty Grievance Procedure does not apply to:

a. Evaluations of a faculty member's professional performance made by a faculty member, faculty committee or administrator acting pursuant to University policy or procedures unless such evaluations are made in violation of the policy set forth in A.(1).

b. Adverse actions or decisions that result from procedures provided for in Sections 6.3 (termination for cause), Section 6.(11) (program abandonment) or Subsection 6.(12) (reductions due to financial exigency) of Rules and Regulations of the Board of Regents of The University of Texas System. 

c. Decisions that are reviewable pursuant to Subdivision 6.35 (non-reappointment of tenure track faculty) of Rules and Regulations of the Board of Regents of The University of Texas System. 

d. Actions or decisions described in Section B(1) that are reviewable pursuant to procedures provided by the University's Handbook of Operating Procedures or the Rules and Regulations of the Board of Regents of The University of Texas System. 

A faculty member has the right of self-representation at any step in the grievance procedure and/or may choose to present a grievance through legal counsel or personal representative at any stage of the procedure. 

G. Review

The Divisional Head for this policy is the Provost. This policy shall be reviewed every five years or sooner if necessary by the Provost and Vice President for Academic Affairs.

ORIGINALLY APPROVED: 12/01/2001

AMENDED: 04/22/2009

AMENDED: 02/2019