4.4.3.III - Formal Procedures for Resolving Grievances

A grievance is a written complaint. A grievance review will be available to handle claims that a person has been harmed by any action that violates the policies of either Kennesaw State University or the Board of Regents of the University System of Georgia. These procedures assure that any faculty member within the University community who has a complaint will have access to an internal process that provides fairness to all Parties involved and that has as its objective the resolution of the conflict.

These procedures are not intended to discourage faculty from attempting to resolve a conflict themselves through discussion with the involved parties. These procedures should not be interpreted as a means to eliminate or weaken first-level supervisory or administrative roles of individuals or to prevent them from attempting immediate and impartial resolution of conflicts that develop within their areas of responsibility. While the Ombuds is available to consult with anyone at any time during the formal process, the Ombuds is never a part of the formal process.

Formal Grievance Resolution

In general, all formal grievances should be reviewed at a minimum of two levels if possible, within the complainant’s college/unit including the head of the academic or administrative unit, or designee. If the respondent (individual against whom complaint is brought) is the faculty member’s immediate supervisor, then the review process will start at the next administrative level below the level of the Provost. If two levels of review are not possible, then the grievance is reviewed by the Assistant Vice President for Faculty prior to submission to the Grievance Hearing Committee (see “Routing of Formal Grievance Complaint Form” and flowchart below).

Supervisory Level Review

A complainant (aggrieved faculty member) must file a formal written grievance, using the Grievance Form, by the last day of the next semester (fall and spring semesters only) of the event that has given rise to the grievance. Within 21 calendar days of receipt of the grievance, the complainant’s immediate supervisor must investigate and provide a written response to the complainant’s grievance, including sources of information used to make a decision. The investigation may include:

1. meeting with complainant, respondent, and any other necessary parties to develop an understanding of the grievance,
2. reviewing appropriate written policies and procedures, and
3. consulting with the appropriate University administrators, as needed, for advice and clarification of any policies or procedures.

Next Level Review

The complainant will have 10 calendar days from the date of the immediate supervisor’s decision letter to appeal to the next level within the complainant’s employment unit. The next level supervisor will review the grievance, investigate and provide a written response within 21 calendar days. The investigation may include:

1. meeting with complainant, respondent, and any other necessary parties to develop an understanding of the grievance,
2. reviewing appropriate written policies and procedures, and
3. consulting with the appropriate University administrators, as needed, for advice and clarification of any policies or procedures.

Petition for Review

If a complainant wishes to appeal after completion of the next level review of the matter, a petition for review (the completed Grievance Form) must be submitted to the Grievance Hearing Committee through the Assistant Vice President for Faculty within 10 calendar days of the date of the final decision letter of the head of the academic or administrative unit, or designee. A copy of the petition for review will be provided to the respondent(s).

To ensure that the petition clearly identifies pertinent issues, the Grievance Form must be completed in its entirety that will include the following:

1. Name of complainant;
2. Complainant’s job title;
3. Name of complainant supervisor (or next level supervisor if direct supervisor is named as a respondent);
4. Name(s) of the respondent(s); 
5. The nature of the problem or complaint including any attempts at an informal resolution; all relevant documentation must be included at this time;
6. The event(s) that has/have led to your grievance against the respondent;
7. The communication that has taken place between the complainant and the academic department head, supervisor and/or next level supervisor concerning the matter;
8. Responses from supervisor(s);
9. The reason the complainant disagrees with the response from your supervisor (or 2nd level supervisor if direct supervisor is a respondent);
10. The complainant’s suggestion for proper resolution of the matter;
11. Identification of any witnesses who may have relevant information regarding the complaint; and
12. Signature of complainant and date (electronic submission of Grievance form constitutes signature).

Pursuant to Section IV of this policy, the Assistant Vice President for Faculty will constitute the Grievance Hearing Committee within 15 calendar days of receipt of the petition for review. Within 14 calendar days of the establishment of the Grievance Hearing Committee, the Assistant Vice President for Faculty will convene the initial organizational meeting of the Grievance Hearing Committee. The Chair of the Grievance Hearing Committee will schedule a meeting to review the petition for review within 10 calendar days of the initial organizational meeting unless reasonable cause is documented to the parties as to why it should take longer than the prescribed time frame.

The respondent will have an opportunity to identify witnesses and provide documents to the Grievance Hearing Committee. A copy of the documents will be provided to the complainant.

A complainant who wishes to address the Grievance Hearing Committee orally must make the request in the written petition. If no oral presentation is requested, the review will be based upon the written record. The Grievance Hearing Committee may call a hearing, if they deem necessary. If a hearing is called, it must be conducted within 21 calendar days unless reasonable cause is documented to the parties as to why it should take longer than the prescribed time frame.

When a hearing is called, the following procedures will apply:

1. The Grievance Hearing Committee chair will notify complainant and respondent of the date, time, and place of the hearing.
2. The hearing will be recorded via audio recording. Tapes and records of the hearings may be subject to disclosure under the Georgia Open Records Act. Archives will be kept in Faculty Affairs.
3. The petition will be heard by members of the Grievance Hearing Committee.
4. Members of the Grievance Hearing Committee will be excused from service on a particular case under the following circumstances: 
   1. If they have a personal or professional relationship with any party to the case which would prejudice them from rendering an objective judgment in the case.
   2. If the case involves a student, faculty member, or staff member in the same department or unit as a member of the Grievance Hearing Committee.
   3. In the event a committee member is excused from service on a particular case, the Faculty Senate, Chairs’ and Directors’ Assembly, or Academic Deans Council will select an alternate from the appropriate constituency to serve on the committee for that case.
5. If an oral hearing is to be held, the complainant making the appeal shall present first in the hearing; respondent(s) shall present after the complainant.
6. The respondent against which the appeal is directed will be afforded the opportunity to attend and participate orally in the hearing if one is granted.
7. The Grievance Hearing Committee has the discretion to limit the presentation time of all parties; time limits will be determined in advance of any testimony and the same time limits will apply to all parties.
8. A faculty member may utilize an advisor of the faculty member’s choosing to assist and advise the faculty member; however, attorneys are not authorized to participate in hearings before the Grievance Hearing Committee. Any Kennesaw State University faculty member may participate as an advisor in Grievance Hearing Committee hearings because of the faculty member’s designation as a Kennesaw State University faculty member. The advisor is for advice and moral support. The advisor is not a witness and will not make statements to the Grievance Hearing Committee or present evidence at the hearing.
9. The Grievance Hearing Committee may invite witnesses identified by either party or any other witnesses that they deem necessary to participate by meeting with the Grievance Hearing Committee; if they prefer, the witnesses may respond in writing to the Grievance Committee’s request for information.
10. The Grievance Hearing Committee has the discretion to accept any additional information from either party, as they deem necessary, and to request additional information from other university sources.
11. If an oral hearing is to be held, the chair of the Grievance Hearing Committee will choose the option that the complainant and respondent appear: (a) separately, or (b) together. Parties will not be permitted to cross-examine each other during the hearing. Formal legal rules of evidence do not apply in the hearing.
12. The complainant has the burden of proving by the preponderance of the evidence that the complainant has been wronged. If, at the conclusion of a review, the Grievance Hearing Committee is unable to reach a decision, the complainant fails to carry this burden and the finding should be in the respondent’s favor.

Grievance Hearing Committee Findings

When the Grievance Hearing Committee has received the information it deems necessary to render a recommendation in a case, it will determine by majority vote what the Grievance Hearing Committee’s findings and recommendations will be. Absent good cause, the findings and recommendations must be transmitted to the Provost, complainant and respondent(s), and complainant and respondent’s supervisor, within 14 calendar days of the conclusion of the hearing or committee meeting.

Decision of the Provost

Within 21 calendar days, the Provost or designee will review the Grievance Hearing Committee’s findings and render a written decision to resolve the formal grievance. The Provost has the discretion to conduct further investigation. The complainant or respondent may appeal the Provost’s (or designee’s) decision to the President within 10 calendar days. The Provost’s findings must be transmitted to the complainant, respondent(s), complainant and respondent’s supervisor, and Chair of Grievance Hearing Committee.

Decision of the President

If the complainant or respondent appeals, the President or designee will review the Provost’s decision and Grievance Hearing Committee’s findings in rendering Kennesaw State University’s final decision. The Provost and Senior Vice President for Academic Affairs or designee has the discretion to conduct further investigation into the complainant’s grievance. The President will normally furnish a decision to the complainant, respondent, complainant and respondent’s supervisor, Chair of Grievance Hearing Committee, and Provost within 30 calendar days after receiving the Provost’s decision and Grievance Hearing Committee’s findings. If the President’s review of a case requires longer than 30 days, the President will notify the parties of the delay.

Discretionary Review by Board of Regents

Pursuant to BoR Policy Manual 6.26, a faculty member aggrieved by the President’s final decision in the matter may apply to the University System Office of Legal Affairs (USO Legal Affairs) for a review of the decision. Review of the decision is not a matter of right but is within the sound discretion of USO Legal Affairs. If granted, the discretionary review shall be limited to the record from the institutional appeal process. Any petition to USO Legal Affairs must be submitted in writing to USO Legal Affairs within a period of 20 calendar days following the decision of the President. USO Legal Affairs will determine whether the application for review shall be granted.