Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections

Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections

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REGENTS’ POLICY MANUALSECTION 2—ACADEMICS(k) Policy MaintenanceThe Rights Assurance Committee will meet annually to review the grievances that have transpired. Thecommittee--composed of the University Ombudsperson; University Equal Opportunity Officer; FABChair, Chair-elect, and former Chair; University Legal Counsel; Faculty Senate Chair; and Senior VicePresident and Provost or their designated representatives--will formulate recommendations to revise theseprocedures, as necessary. The FAB Chair will chair the committee and report recommended changes tothe Faculty Senate for consideration.(The text below appears in the Health Sciences Center Faculty Handbook.)APPEALS AND GRIEVANCESAll faculty, whether tenured or not, are entitled to academic freedom as set forth in Section 3.1 andacademic due process.The following procedures cover alleged prohibited discrimination, including sexual, racial, or ethnicharassment, and alleged violations of academic freedom, academic due process, and University policy.The faculty member may seek redress through the appropriate grievance procedures if such violationsoccur in the course of performing professional duties or in the process of being considered or evaluatedfor recommendations regarding reappointment, salary increase, promotion, or tenure. Grounds for appealmay also include other personnel decisions in which a faculty member has reason to believe there hasbeen discrimination, sexual, racial, or ethnic harassment, violation of due process or academic freedom,or if there are other grievances which have not been resolved administratively.Faculty members serving as chairs, directors, deans, or other administrative positions, who arerelieved of their administrative responsibilities, may not file a grievance or appeal when the grievance orappeal is based upon actions related to their administrative performance.There are two appeal processes; the Faculty Appeals Board (Section 3.14) and the Committee onDiscrimination and Harassment (Section 3.17).(a) Faculty Appeals Board - The Faculty Appeals Board is the appropriate appeal process for allegedviolations of due process, academic freedom, or other grievances other than alleged prohibiteddiscrimination which have not been resolved administratively. It is also the appropriate appealprocess for abrogation of tenure, dismissal of tenure-track or consecutive term appointment, orsevere sanctions (Section 3.14).(b) Committee on Discrimination and Harassment - The Committee on Discrimination andHarassment is the appropriate appeal process for complaints involving harassment based on race,ethnicity, or sex, or discrimination because of race, national origin, sex, color, age, religion,disability, or status as a veteran. Such appeals must be filed with the University Equal OpportunityOfficer (Section 3.17).(RM, 1-26-99, p. 26204; 12-3-02, p. 28355)THE UNIVERSITY OF OKLAHOMA 62

REGENTS’ POLICY MANUALSECTION 2—ACADEMICSTHE FACULTY APPEALS BOARD(a) The Faculty Appeals Board is a standing body which responds to matters of tenure abrogation,dismissal, severe sanctions, alleged violations of academic freedom or academic due process, andother grievances concerning the alleged failure to follow University policy or alleged unfairness inthe application of University policy unresolved through administrative procedures. The FacultyAppeals Board considers all such matters brought before it in a timely manner by individual facultymembers, It is the responsibility of the Faculty Appeals Chair and Faculty Senate Chair to ensurethat all matters are handled expeditiously.1) In cases related to alleged violation of academic freedom, academic due process or othergrievances concerning the alleged failure to follow university policy or alleged unfairness in theapplication of university policy the faculty member will be considered the complainant and theadministration the respondent. (See Section 3.16)2) In cases related to abrogation of tenure, dismissal of tenure-track or consecutive termappointment, or severe sanctions, the administration will be considered the complainant, thefaculty member the respondent, and the letter from the President outlining the charges will serveas the complaint.(b) The Faculty Appeals Board of the Health Sciences Center shall consist of forty tenured facultymembers representing fairly the existing colleges on the Health Sciences Center campus. Themembers shall be elected from among all full-time faculty whose duties are primarily nonadministrative[i.e., not at the level of Assistant/Associate Dean, Dean, Assistant/Associate/ViceProvost or Provost]. All terms shall be four years. Membership on the Board is not a disqualificationfor service on other University councils or committees.(c) Each Faculty Appeals Board shall annually elect its own chair and vice chair from among thosewhose terms are nearest expiration. The chair and vice chair should be from separate colleges.(d) Responsibilities of Faculty Appeals Board chair:1) The chair shall determine if the complaint is appealable, for example, whether the initialdeadline, as set in section 3.15.1. has been met or whether the complaint is concerned with thefailure to follow University policy, or alleged unfairness in the application of University policy.2) The chair may, at any time, meet with the complainant and respondent, either together orseparately, to discuss the points of the complaint. The intent will be to resolve differences wherepossible and to seek a resolution and/or dismissal of the appeal.3) Ordinarily the University Legal Counsel or a member of his/her staff not otherwise involved willserve as the legal advisor to the Faculty Appeals Board. If the Chair of the Faculty AppealsBoard determines that some other course is desirable he/she may request a meeting with thePresident or his designee. In such instances when the Chair of the Faculty Appeals Boardcontinues to desire outside counsel following a meeting with the President or his designee, thePresident may appoint other counsel with the concurrence of the Chair of the Faculty AppealsBoard to advise the Hearing Committee.4) The chair, after consulting with the legal counsel assigned to the board, shall have the finaldecision on any procedural issues raised that are not addressed by the Faculty Handbook and inwhich there is an absence of agreement by the complainant and respondent.THE UNIVERSITY OF OKLAHOMA 63

REGENTS’ POLICY MANUALSECTION 2—ACADEMICS(k) Policy MaintenanceThe Rights Assurance Committee will meet annually to review the grievances that have transpired. Thecommittee--composed <strong>of</strong> the University Ombudsperson; University Equal Opportunity Officer; FABChair, Chair-elect, and former Chair; University Legal Counsel; Faculty Senate Chair; and Senior VicePresident and Provost or their designated representatives--will formulate recommendations to revise theseprocedures, as necessary. The FAB Chair will chair the committee and report recommended changes tothe Faculty Senate for consideration.(The text below appears in the Health Sciences Center Faculty Handbook.)APPEALS AND GRIEVANCESAll faculty, whether tenured or not, are entitled to academic freedom as set forth in Section 3.1 andacademic due process.The following procedures cover alleged prohibited discrimination, including sexual, racial, or ethnicharassment, and alleged violations <strong>of</strong> academic freedom, academic due process, and University policy.The faculty member may seek redress through the appropriate grievance procedures if such violationsoccur in the course <strong>of</strong> performing pr<strong>of</strong>essional duties or in the process <strong>of</strong> being considered or evaluatedfor recommendations regarding reappointment, salary increase, promotion, or tenure. Grounds for appealmay also include other personnel decisions in which a faculty member has reason to believe there hasbeen discrimination, sexual, racial, or ethnic harassment, violation <strong>of</strong> due process or academic freedom,or if there are other grievances which have not been resolved administratively.Faculty members serving as chairs, directors, deans, or other administrative positions, who arerelieved <strong>of</strong> their administrative responsibilities, may not file a grievance or appeal when the grievance orappeal is based upon actions related to their administrative performance.There are two appeal processes; the Faculty Appeals Board (Section 3.14) and the Committee onDiscrimination and Harassment (Section 3.17).(a) Faculty Appeals Board - The Faculty Appeals Board is the appropriate appeal process for allegedviolations <strong>of</strong> due process, academic freedom, or other grievances other than alleged prohibiteddiscrimination which have not been resolved administratively. It is also the appropriate appealprocess for abrogation <strong>of</strong> tenure, dismissal <strong>of</strong> tenure-track or consecutive term appointment, orsevere sanctions (Section 3.14).(b) Committee on Discrimination and Harassment - The Committee on Discrimination andHarassment is the appropriate appeal process for complaints involving harassment based on race,ethnicity, or sex, or discrimination because <strong>of</strong> race, national origin, sex, color, age, religion,disability, or status as a veteran. Such appeals must be filed with the University Equal OpportunityOfficer (Section 3.17).(RM, 1-26-99, p. 26204; 12-3-02, p. 28355)THE UNIVERSITY OF OKLAHOMA 62

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