Graduate School of Liberal Studies Faculty Handbook
Approved by the Hamline University Board of Trustees: May 9, 2000
These online versions of Hamline University handbooks and other guides are provided for informational purposes only, and do not create nor are intended to create an express or implied contract, covenant, promise or representation between Hamline and any employee. These online hanbooks and guides are subject to change at any time by the Trustees of the Hamline University of Minnesota. Current official versions of these handbooks and guides are maintained in the Office of the Provost.
Table of Contents
Section 1: Scope
1.1 Coverage
1.2 Review and Implementation Section 2: Mission, Core Values, Vision
2.1 University Mission
2.2 Core Values
2.3 University Vision
2.4 Characteristics of the New American University
2.5 Mission of the Graduate Liberal Studies Program Section 3: Academic Freedom
Section 4: Definitions
4.1 Adjunct Faculty
4.2 Core Faculty
4.2.1 Full-Time Core Faculty
4.2.2 Part-Time Core Faculty 4.3 Event
4.4 Instructor
4.5 Assistant Professor
4.6 Associate Professor
4.7 Professor
4.8 Visiting Appointments
4.9 Faculty Advisory Committee (FAC) Section 5: Contracts
5.1 Tenure
5.2 Event-to-Event Contracts
5.3 Limited Term Contracts
5.4 Rolling Contracts Section 6: Faculty Appointments
6.1 Adjunct Faculty
6.2 Core Faculty
6.3 Search Process Section 7: Faculty Evaluation
7.1 Criteria for Evaluation
7.1.1 Teaching
7.1.2 Scholarship
7.1.3 Artistic Achievement
7.1.4 Service to the School or Program and University
7.1.5 Service to the Profession, or Artistic Community
7.2 Evaluation of Faculty Members with Rolling Contracts
7.3 Evaluation of Adjunct Faculty Section 8: Faculty Promotion
8.1 Criteria for Promotion
8.2 Faculty Promotion Committee (FPC)
8.3 Promotion Process Section 9: Sabbatical Leaves
Section 10: Separation
10.1 Voluntary Separation
10.1.1 Resignation
10.1.2 Retirement 10.2 Involuntary Separation
10.2.1 Non-renewal of a Rolling Contract
10.2.2 Serious Health Condition or Disability
10.2.3 Layoff of Core Faculty
10.2.4 Disciplinary Action Section 11: Grievances
11.1 Informal Resolution
11.2 Definition
11.3 Grievance Mediation
11.3.1 Grievance Mediation Committee
11.3.2 Written Notice of a Grievance
11.3.3 Timing
11.3.4 Meditative Efforts 11.4 Grievance Hearings
11.4.1 Filing for Hearing
11.4.2 Grievance Hearing Committee
11.4.3 Timing
11.4.4 Due Process
Section 1: Scope
1.1 Coverage.
The Graduate Liberal Studies Program's Faculty Handbook ("Handbook") applies to all faculty members and visiting appointments of the Hamline University Graduate Liberal Studies Program ("Graduate Program"). Faculty members should also refer to the Hamline University Employee Guidebook for additional policies, practices, and benefits that may affect their work.
1.2 Review and Implementation.
The Handbook may be reviewed annually by the Director in consultation with the Faculty Advisory Committee (FAC). However, at any time during the year, the FAC may propose revisions to the Director. The Director will forward proposed revisions to the Provost for his review and recommendation. The Board of Trustees reserves the right to amend this handbook. Final adoption of proposed revisions is at the discretion of the Board of Trustees. (Return to Table of Contents)
Section 2: Mission, Core Values, Vision
During 1999, the entire University engaged in a process to refine our mission statement and to establish an aspirational vision statement to guide us as we enter the 21st century. All University strategic planning and key decisions including processes and procedures outlined in this handbook will be carried out within the context of the mission, core values and vision of Hamline University.
2.1 University Mission.
To create a diverse and collaborative community of learners dedicated to the development of students' knowledge, values and skills for successful lives of leadership, scholarship and service.
2.2 Core Values.
Hamline University recognizes its pioneering spirit and roots in the inclusive traditions and values of the United Methodist Church. The following emerge as our main core values:
High quality, rigorous academics
Commitment to making the world a better place
Focus on ethics and civility 2.3 University Vision.
Hamline University-the nation's leading New American University.
Integration. Innovation. Transformation.
2.4 Characteristics of the New American University.
- Students' learning and total experience are our central focus
- Faculty scholarship is broadly defined and connected to student learning through -
1. The scholarship of discovery which advances knowledge and discipline-specific projects;
2. The scholarship of integration which seeks to connect knowledge across disciplines;
3. The scholarship of application which seeks to study ways theory might be put into practice;
4. The scholarship of teaching/learning which explores ways to more effectively transmit knowledge.
- Theory connects to practice, and practice advances theory
- The liberal arts connect to the professions and world of work, and professional education informs the liberal arts
- The university connects closely to various levels of a diverse community (broadly defined), responding to community needs
- Connections among disciplines, schools and programs are fostered
- Innovation for improving learning and students' experience is prized.
2.5 Mission of the Graduate Liberal Studies Program.
The Graduate Liberal Studies Program promotes the ideals and values of liberal arts learning rather than trains individuals for a specific vocation, or provides accreditation for a profession.
Hamline's GLS program offers serious graduate students from a variety of backgrounds and professions an alternative to specialized, technical, and applied programs. It promotes meaningful dialogue across traditional boundaries, enabling students to gain deeper understanding of the human cultural heritage and the issues of contemporary life. It seeks to equip students with knowledge and skills for meaningful participation in the shaping of the future. The program also emphasizes writing by apprenticeship across multiple genres with practicing writers and wide interdisciplinary reading.
The program aims to serve adult learners at the graduate level across the broadest spectrum of profession, experience, and vocational goals. It strives to find ways to address both the personal enrichment and professional interests of students. (Return to Table of Contents)
Section 3: Academic Freedom
The University endorses the principles of academic freedom and responsibility included in the Statement on Academic Freedom and Tenure approved by the American Association of University Professors and the Association of American Colleges and Universities. The Graduate Liberal Studies Program, however, does not grant tenure.
(Return to Table of Contents)
Section 4: Definitions
The following definitions apply for purposes of the Handbook.
4.1 Adjunct Faculty.
Adjunct faculty members are contract-to-contractemployees of the University. An adjunct faculty member may be referred to as an "Instructor" in term-to-term publications.
4.2 Core Faculty.
Core faculty are faculty members who generally have previous teaching experience in the Graduate Liberal Studies Program at Hamline University and who are offered rolling contracts.
4.2.1 Full-Time Core Faculty.
Full-time core faculty members generally have full-time teaching duties or have teaching and other duties (e.g., academic administration and capstone or dissertation advising) or program administration or other equivalent to a full-time teaching load. A full-time core faculty member may hold the rank of Assistant Professor, Associate Professor, or Professor and may be referred to as "Professor."
4.2.2 Part-Time Core Faculty.
Part-time core faculty members usually have less than a full-time teaching load or less than a full-time equivalent of teaching and other duties. A part-time core faculty member may hold the rank of Assistant Professor, Associate Professor or Professor and may be referred to as "Professor."
4.3 Event.
Examples of an event include, but are not limited to, teaching a course, independent study or directed readings, capstone advising, proposal writing, or new program creation.
4.4 Instructor.
Criteria for the rank of Instructor are possession of a master's degree or equivalent professional degree or experience and either proven or presumptive potential for satisfactorily fulfilling the duties and responsibilities of a faculty member.
4.5 Assistant Professor.
Minimum criteria for the rank of Assistant Professor are an appropriate earned doctorate or an appropriate terminal professional or academic degree from a graduate institution of recognized standing, or possession of a master's degree and significant scholarly achievement or artistic achievement. In special cases, evidence of significant scholarly or artistic achievement may be substituted for the minimum degree criteria.
4.6 Associate Professor.
Minimum criteria for the rank of Associate Professor are an appropriate earned doctorate or an appropriate terminal professional or academic degree from a graduate institution of recognized standing, or possession of a master's degree and distinguished scholarly or artistic achievement. In addition, a minimum of six years of full-time teaching in a regionally accredited college or university or its equivalent or a minimum of five years of full-time teaching at the rank of Assistant Professor is required. Up to three years of credit toward this requirement may be granted for exemplary experience deemed valuable to the Graduate Liberal Studies Program. In special cases, evidence of sustained noteworthy teaching effectiveness; noteworthy research, scholarship, artistic achievement, or creative or professional activities; and evidence of noteworthy service to the University community may be substituted for the minimum degree criteria.
4.7 Professor.
Minimum criteria for the rank of Professor are an appropriate earned doctorate or an appropriate terminal professional or academic degree from a graduate institution of recognized standing, or possession of a master's degree and distinguished scholarly or artistic achievement. In addition, a minimum of nine years of full-time teaching in a regionally accredited college or university or its equivalent or a minimum of six years of full-time teaching at the rank of Associate Professor is required. Up to three years of credit toward this requirement may be granted for exemplary experience deemed valuable to the Graduate Liberal Studies Program. In special cases, evidence of sustained noteworthy teaching effectiveness; noteworthy research, scholarship, artistic achievement, or creative or professional activities; and evidence of noteworthy service to the University community may be substituted for the minimum degree criteria. Outstanding teaching, service to the Program and University, and scholarship or artistic achievement are also required.
4.8 Visiting Appointments.
Visiting appointments are usually reserved for faculty members of other institutions, professors emeriti, and persons distinguished in their fields. Visiting appointments are granted with no intent of on-going employment.
4.9 Faculty Advisory Committee (FAC).
The Faculty Advisory Committee is chaired by the Director and comprised of all full-time core faculty members of GLS, and part-time faculty appointed by the Director. The FAC advises the Director in matters of curriculum, staffing, resources, programs, and other issues relating to the management of the Program. (Return to Table of Contents)
Section 5: Contracts
5.1 Tenure.
The Graduate Schools do not grant tenure. Faculty members who choose to work as members of the professional staff of the Graduate Liberal Studies Program are neither eligible nor will they be considered for tenure in any of the Graduate Schools at Hamline University, Hamline University College of Liberal Arts, or Hamline University School of Law.
5.2 Event-to-Event Contracts.
Event-to-event contracts are usually offered to adjunct faculty for separate events as they may occur.
5.3 Limited Term Contracts.
Limited term contracts may be offered for one, two, or three years to adjunct faculty or visiting appointments to perform specified duties for a defined period of time.
5.4 Rolling Contracts.
Rolling contracts differ from limited term contracts by the expectation of annual renewal. They are issued for full- or part-time employment. They are generally calculated on a twelve-month basis and reviewed annually. Rolling contracts are issued to part-time faculty members for teaching separate events only or for stipulated additional services, e.g., assistance with program management, service on a faculty advisory committee, performance review work, or capstone supervision.
Rolling contracts are usually issued for three- to five-year terms and updated annually. Thus faculty members on rolling contract are always in the first year of the stated contract length. If the rolling contract is not renewed, which may be effected without cause (see section 10.2.1), then the faculty member is entitled to the remainder of the term, except for cause. (Return to Table of Contents)
Section 6: Faculty Appointments
6.1 Adjunct Faculty.
Adjunct faculty members are hired by theDirector in consultation with the FAC.
6.2 Core Faculty.
Full-time core faculty are hired by the Provost after the Director and FAC successfully complete a search process (see Section 6.3) or are promoted pursuant to the guidelines outline below in Section 8. Part-time core faculty are hired by the Director in consultation with the FAC.
6.3 Search Process.
The Provost must approve requests for full time faculty hires. The Director initiates the search for a full-time core faculty member in consultation with the FAC by appointing a search committee and designating a Chair. The Chair coordinates and oversees the interview and evaluation process in consultation with members of the search committee. At the completion of the interview and evaluation process, the search committee makes its recommendation for hiring to the Director who then discusses the candidate(s) with the Provost before the final decision to make an offer is made. (Return to Table of Contents)
Section 7: Faculty Evaluation
7.1 Criteria for Evaluation.
7.1.1 Teaching.
Evaluation of teaching skills may be based upon the Graduate Liberal Studies Program's student evaluation instruments, classroom visits by a member of the FAC and/or the Director and any submissions relative to teaching competence provided by the faculty member.
7.1.2 Scholarship.
Evaluation of scholarship may include consideration of the scholarships of application, of integration, and of teaching; collaborative scholarship with students; disciplinary scholarship; publications, and/or research.
7.1.3 Artistic Achievement.
Evaluation of artistic achievement may include consideration of publications, performances, reviews of creative work awards, and fellowships.
7.1.4 Service to the School or Program and University.
Evaluation of service to the Graduate Liberal Studies Program and University may include consideration of contributions through committee work, program development activities, student advising, initiatives that enhance the reputation of the program, and/or admissions/recruitment efforts.
7.1.5 Service to the Profession, or Artistic Community.
Service to the profession or artistic community may include, but is not limited to, active membership or leadership (e.g., holding office) in professional or artistic organizations; consultant work; serving as a reviewer, a panelist, a member of a tenure review committee; book reviews and publications relevant to the professional or artistic community. 7.2 Evaluation of Faculty Members with Rolling Contracts.
Generally, faculty members who have rolling contracts are evaluated annually by the Director. The evaluation includes, but is not limited to, establishing performance goals, in writing, for the next contract year.
7.3 Evaluation of Adjunct Faculty.
Adjunct faculty member evaluations are conducted by the Director and/or by the FAC. The evaluation centers on assessment of the adjunct faculty member's performance of contract duties. (Return to Table of Contents)
Section 8: Faculty Promotion
The Graduate Liberal Studies Program seeks to sustain and improve the quality of the faculty. Promotion in status from part-time to full-time core faculty member or in academic rank is a means by which the Graduate Liberal Studies Program encourages, recognizes, and rewards faculty members for the exemplary performance of their duties.
Academic rank consists of the following titles: Assistant Professor, Associate Professor, and Professor. The Graduate Schools and Programs do not grant tenure. Accordingly, when faculty are promoted from one rank to another there is not tenure consideration.
8.1 Criteria for Promotion.
Promotion is based on all of the following criteria:
0.1 Exemplary fulfillment of assigned duties in areas of instruction, advising, administration, and other duties as assigned by the Director;
0.2 Exemplary fulfillment of assigned duties in areas of faculty and/or program development;
0.3 Exemplary research, academic or artistic accomplishment;
0.4 Length of service at the existing rank within the Graduate Liberal Studies Program. 8.2 Faculty Promotion Committee (FPC).
The Faculty Promotion Committee is made up of a faculty member from the Graduate School of Public Administration, the Graduate School of Education, and the Graduate Liberal Studies Program. FPC is responsible for administering the Faculty Promotion Policy. The faculty member is appointed to serve a one-year term renewable annually by the Dean or Director of the faculty member's school or program.
8.3 Promotion Process.
Generally, a faculty member must hold a particular rank for a minimum of six years before he or she is considered for promotion.
To be considered for promotion, faculty members must submit a letter to the Director and to the Faculty Promotion Committee. Faculty members must also document the ways in which they have met the criteria for promotion, which are set forth in Section 8.1, or petition for waiver of a particular requirement for good cause shown.
The Faculty Evaluation and Promotion Committee usually meets annually to consider applications for promotion. The Committee may solicit additional information for the faculty member being considered for promotion.
The Faculty Promotion Committee will meet with the Director to discuss promotion consideration. The Committee strives for consensus among its members when making its final recommendation. The Director makes recommendations for promotion to the Provost. The Provost has the final approval for all faculty promotions. (Return to Table of Contents)
Section 9: Sabbatical Leaves
Sabbatical leaves may be granted to full-time core faculty members. Sabbatical leaves provide the opportunity for faculty to suspend their usual teaching and service responsibilities for the purpose of intensive study and renewal. Therefore, when granted, sabbatical leaves become part of the faculty member's job responsibilities. Full sabbatical leaves may be taken for an entire year at half pay or for six months at full pay. Sabbatical leaves must be taken for an express purpose, be for the benefit of the faculty member and the Graduate Liberal Studies Program and be followed by a report from the faculty member to the Director. Sabbatical leaves are not an entitlement and are subject to approval by the Director and the Provost.
A faculty member may be eligible for a sabbatical leave after seven continuous years of full-time work either teaching or administration. If a faculty member's proposal for sabbatical leave is not granted, he/she is eligible to reapply the following year. If the sabbatical leave is granted at that time, the faculty member will then be eligible for his/her next sabbatical leave after six continuous years of full-time work following the sabbatical leave. If a faculty member does not take a sabbatical leave when eligible, he/she remains eligible to reapply each subsequent year. Any faculty member receiving a sabbatical leave is required to return to the Graduate Liberal Studies Program for at least one year's service after the expiration of the leave.
A faculty member is responsible for initiating the request for a sabbatical leave no later than one year before the leave is to be taken. Accordingly, faculty members are encouraged to begin planning for their sabbatical leaves in advance of the application deadlines.
Faculty members will be notified of the status of the sabbatical leave requests no later than six months after the application was received.
(Return to Table of Contents)
Section 10: Separation
Hamline University and/or individual faculty members may find it necessary to sever their contractual relationships. The types of separation are set forth below.
10.1 Voluntary Separation.
10.1.1 Resignation.
Faculty members contemplating a resigantion must give adequate notice of their intentions to the Director. Resignations should be submitted in writing as early as possible to give the Graduate Liberal Studies Program adequate time to locate a suitable replacement.
10.1.2 Retirement.
Pursuant to applicable law, there is no mandatory retirement age at Hamline University. Faculty members contemplating retirement must give adequate written notice of their intentions to the Director as soon as possible to give the Graduate Liberal Studies Program adequate time to locate a suitable replacement.
10.2 Involuntary Separation.
10.2.1 Non-renewal of a Rolling Contract.
Faculty members hired on rolling contracts may receive written notice of the decision not to renew at any time.
A decision not to renew need not be based on cause. The decision not to renew a rolling contract in any year of the contract may be based, among other things, on poor performance as measured by section 7.1, changes in or discontinuance of an academic program, insufficient enrollment in a course or courses or program or financial emergency. Financial emergency is defined as the critical, urgent need of the Graduate Liberal Studies Program to reorder its current funds and monetary expenditures in such a way as to remedy and relieve its inability to meet projected annual monetary expenditures with sufficient revenue.
10.2.2 Serious Health Condition or Disability.
A core faculty member unable to perform all or a substantial part of his/her dutieswith or without reasonable accommodations because of a serious health condition or disability may at the discretion of the Director be placed on an indefinite leave of absence without pay until such time as he/she is able to resume teaching duties. The faculty member must provide evidence of the serious health condition or disability when requesting the leave. Such leave will be reviewed periodically. If requested, the faculty member shall present medical documentation and/or certification.
10.2.3 Layoff of Core Faculty.
Layoff is a severance action by which the Graduate Liberal Studies Program terminates the services of a faculty member without prejudice to his/her performance. Reasons for layoff include changes in or discontinuance of an academic program, insufficient enrollment in a program, or financial emergency.
10.2.4 Disciplinary Action.
The Graduate Liberal Studies Program may take disciplinary action appropriate to the particular circumstances against any faculty member pursuant to this Section. Disciplinary action is imposed by the Director and may be taken for the following reasons which include, but are not limited to professional incompetence; neglect of or unsatisfactory performance of or failure to perform contractual duties; deliberate and serious violation of the rights and freedoms of fellow faculty members, administrators or students; conviction of a crime or a finding of civil judgement directly related to the faculty member's fitness to practice his/her profession; serious failure to follow appropriate professional ethics; or falsification of credentials or experience.
10.2.4.1 Actions Short of Discharge; Suspension.
Depending on the circumstances, the Director may elect to impose disciplinary action short of discharge including suspension with or without pay for a period of time, probation, counseling, treatment, or other appropriate action. The Director retains discretion to take such disciplinary action without previous citation or warning.
10.2.4.2 Discharge Proceedings.
Discharge proceedings are usually initiated against a faculty member in the following manner and may be taken in any order:
0.1 Discussion, seeking mutual resolution, between the faculty member and the Director;
0.2 Written notice to the faculty member from the Director that he/she intends to initiate discharge proceeding. This notice shall contain a written statement of the reasons upon which the recommendation is to be made and documentation of information supporting such reasons;
0.3 A reasonable opportunity for the faculty member if he/she so chooses, to meet with the Director to present his/her response to the discharge recommendation before the discharge recommendation is made. (Return to Table of Contents)
Section 11: Grievances
11.1 Informal Resolution.
Hamline University and the Graduate Liberal Studies Program's faculty are committed to promoting and maintaining a collegial spirit among members of the faculty and administration. Accordingly, administration and faculty will use their best efforts to encourage prompt settlement of differences. Further, they are committed to the use of mediation and finally to orderly and fair processing of grievances and disputes according to the procedures set forth below. Hamline University and the Graduate Liberal Studies Program faculty recognize and endorse the importance of due process and of adjusting of grievances properly without fear of prejudice and reprisal. The peaceful, non-adversarial, mutually agreeable resolution of disputes is a primary goal. In the same spirit, the time limits specified in the following are meant to serve as clear guidelines but not as absolutes in the grievance process. The administration reserves the right to apply these procedures flexibly in accordance with the circumstances of a given case.
11.2 Definition.
A grievance is a dispute between a faculty member and the Administration. The substance of a grievance may involve, but is not limited to, any of the following: compensation, benefits, workload, working conditions, appointment, reappointment, promotion, reassignment, layoff, suspension or discharge.
11.3 Grievance Mediation.
11.3.1 Grievance Mediation Committee.
A Grievance Mediation Committee (GMC) will serve all of the Graduate Schools and Programs and will consist of three members established in the following manner:
0.1 One core faculty member selected by the Administration from among three candidates, nominated by the core faculty, one each from the Graduate Liberal Studies Program, Graduate School of Public Administration and Management and Graduate School of Education;
0.2 One member of the Administration selected by the administration; and
0.3 One member from either the Administration or core faculty selected by the above two GMC members. 11.3.2 Written Notice of a Grievance.
A grievance is initiated for mediation when a written notice of a dispute is submitted, in person, to any member of the GMC. The written notice should include a general description of the nature of the grievance and include the names of the individuals who are alleged to be parties to the dispute. The Committee member receiving the notice of the dispute will immediately notify the other members and send them a copy of the notice. Upon receipt of the grievance, the Committee will send, usually within three working days, a copy of the written notice to the individuals named in the written notice.
11.3.3 Timing.
Written notice must be received by the Chair of the GMC within twenty-one calendar days after notice of the occurrence of the event(s) upon which the grievance is based or within twenty-one calendar days after the grievant knew of, or through the exercise of reasonable diligence should have known of, the occurrence of the event(s) upon which the grievance is based. The time period for the receipt of written grievances may be extended an additional twenty-one days by agreement between the GMC and the parties to the grievance if a written notice of intent to file a grievance is received by a member of the Committee within the twenty-one calendar day period specified above.
11.3.4 Meditative Efforts.
The GMC will attempt to assist the parties in reaching a mutually agreeable resolution to the dispute. The Committee may meet with the parties individually. However, if no resolution is reached, the Committee will usually bring all parties together to work towards resolution as soon as practicable. Typically, the period for mediation is twenty-one calendar days but the period may be extended for additional periods of twenty-one days by mutual agreement of the parties and the Committee. If the parties to the grievance reach agreement, a copy of the resolution itself will also be placed in the file.
A mediated solution in one grievance is not binding in a subsequent similar grievance. No offer of settlement of a grievance by either party or a suggested resolution by the GMC shall be admissible as evidence in any succeeding grievance proceeding or elsewhere.
If no agreement can be reached, the GMC will usually put a statement to that effect in the Grievance File. 11.4 Grievance Hearings.
11.4.1 Filing for Hearing.
A grievance or hearing is initiated by filing a written statement with the GMC which includes the name, address, and telephone number of the grievant, the name and title or position of the party allegedly grieved, and the subject matter, witness or witnesses, date, time, location, description of the event in question, and the remedy requested.
11.4.2 Grievance Hearing Committee.
The GMC will supervise formation of the Grievance Hearing Committee (GHC) which consists of the following members:
0.1 One core faculty member chosen by the grievant;
0.2 One administrator selected by the Provost. The administrator cannot be the Director of GLS;
0.3 A third core faculty member, other than the grievant's Program Director, chosen by the other two GHC members. This member will serve as chair. 11.4.3 Timing.
The Grievance Hearing will be scheduled no sooner than fourteen calendar days after the GHC receives receipt of the filing for hearing, thus allowing all parties adequate time to prepare evidence and obtain documentary and other information.
11.4.4 Due Process.
11.4.4.1 Confidentiality.
The Hearing will be conducted in private and the parties, shall, except by mutual agreement, make no public statements about the case before or during the course of the Hearing.
11.4.4.2 Representation.
During the Hearing, the grievant will be permitted to have an advisor of his or her choice from within the University community. The grievant may also be accompanied by legal counsel. However, legal counsel will not ordinarily be allowed to participate directly in the Hearing proceedings
11.4.4.3 Right to Witnesses and Evidence.
All parties to the grievance will have the right to obtain witnesses and present evidence. The GLS will cooperate with GHC in securing witnesses and making available documentary and other evidence requested by the grievant to the extent not limited by contract or law.
11.4.4.4 Right to Cross-Examination.
All parties will have the right to cross-examine witnesses. Where a witness has made a statement and cannot or will not appear but the GHC determines that the interests of justice require admission of his/her statement, the GHC will identify the witness, disclose his/her statement, and if possible, provide for interrogatories. The GHC will grant appropriate continuances to enable either party to investigate evidence or for any other appropriate reason.
11.4.4.5 Burden of Proof.
If the grievance involves disciplinary action the burden of proof is on the administration and shall be based on a clear and convincing standard of proof. In non-disciplinary cases, the burden of proof rests with the grievant and the burden of proof is based on the preponderance of evidence standard.
11.4.4.6 Evidence.
The GHC is not bound by strict rules of legal evidence. A demonstrable effort will be made to obtain the most reliable evidence. The decision will take the form of findings of fact, conclusions, and recommended disposition of the grievance, all of which must be based solely upon the Hearing record, established University procedures, and applicable law.
11.4.4.7 Recording of Proceedings, Disposition of Resolution.
The Hearing proceedings shall be recorded by the Graduate School or Program and made available to the GHC and a transcript, if requested, will be provided at the expense of the requesting party(ies). A written disposition of the case will be placed within the Grievance File.
11.4.4.8 Decision.
The GHC will present its advisory decision in writing within seven calendar days of the hearing to the parties and to the Director; if the Director is a party to the grievance, to the Provost; if the Provost is a party to the grievance, to the President or his designee. Once forwarded, the administration is required to act on the advisory decision and/or recommendations within five calendar days following receipt.
11.4.4.9 Review.
The grievant(s) may, within ten working days or receipt of the advisory of the GHC, file a written appeal to the Director who shall review the record and respond within ten working days as to the final disposition of the grievance within the GLS.
If the Director is a party to the grievance, the written appeal shall be filed with the Provost who shall review the record and respond within ten working days as to the final disposition of the grievance within the GLS. If the Provost is a party to the grievance, the written appeal shall be filed with the President who shall review the record and respond within ten working days as to the final disposition of the grievance within the GLS. The decision as to the grievance is final after the president responds to the Director, and provost or president responds to the written appeal. (Return to Table of Contents) |
