College Policy Number/Title:

• 63.13  Appeal

Introduction The college expects that every effort will be made on the part of both parties to reach an amicable and rational solution to issues prior to entering the dispute resolution process.  This process should be used only as a last resort.

These faculty dispute resolution procedures govern the resolution of disputes other than suspensions, dismissals, terminations and/or expiration of contracts.  They will apply to disputes/decisions affecting such matters as class assignments, class operation and management, or any other determination made by the supervisor to which the faculty member disagrees.

Dispute Resolution Procedures

Initiation of Appeal - If a faculty member wishes to appeal a decision by his/her supervisor, the faculty member must submit an initiation of appeal, signed and in writing, to his/her supervisor and the director of human resources within the 15 working days of the faculty member being notified of a supervisor's decision.  If requested by the faculty member, the supervisor will provide the decision in written form.

Choice of Appeal - Within five days of the receipt of the initiation of appeal, the faculty member may request, signed and in writing from the director of human resources that a Dispute Resolution Committee be convened.  If no signed, written request is received by the director of human resources within five days of the initiation of appeal, then the appeal will go directly to the appropriate vice president.

Dispute Resolution Committee Meeting

1. The dispute resolution committee shall be composed of six professional: three faculty members, two administrative staff members and the director of human resources or his/her designee who will be the facilitator (non-voting for the committee).  The director of human resources will convene the committee, chair the meetings, provide administrative support and clarify any questions concerning the procedures being used.  When the need for a dispute resolution committee arises, the Faculty Forum will elect three representatives and a first, second and third alternate to serve on either this committee or an evidentiary hearing committee.  No faculty member shall serve on more than one committee and if a subsequent committee is convened, the next alternate becomes the representative.  In the case of a clear conflict of interest, the representative or the committee may decide that a specific person should not serve on the committee.  In that case, the next alternate serves on the committee.  If there is a question concerning a conflict of interest, the director of human resources will decide whether or not the representative's membership of the committee is appropriate.  The appropriate vice president will select the administrative staff members to be on the committee.  If the initial complaint is against the decision made by the vice president, the process will be the same except that the president will select the administrative representatives from the president's team. 
2. The dispute resolution committee will be convened by the director of human resources within 15 working days after the faculty member has submitted his/her signed, written request to convene a dispute resolution committee to the director of human resources.  Minimally, the committee shall meet with the faculty member and the supervisor, review any documentary support either party wishes to submit, and hear from any witnesses either party wishes to bring.  At the first meeting the committee will determine the procedures to be followed and will so inform the complainant and supervisor.
3. Within 30 days of commencing its hearing, the dispute resolution committee will conclude its hearings and issue its report.
4. The committee will not accept anonymous materials as supporting evidence for either party.  Both parties will have access to all documents submitted as evidence.  Legal or other representatives will not be permitted to assist either/both parties in the presence of the committee.  The dispute resolution committee will be directed by the director of human resources to hold all recommendations and deliberations confidential.
5. It will be the role of the director of human resources to determine whether an additional complaint is "new" or a restatement of the original complaint.  If the director of human resources determines that the additional complaint is a restatement of the original complaint, the additional complaint will be dealt with according to the dispute resolution procedures.

Dispute Resolution Committees' Report - After consideration of all documentary evidence and testimony, the committee shall prepare a report containing findings of fact and recommendations for the resolution of the dispute.

Supervisor's Action on Committee Recommendations - The supervisor will, within 15 working days from receipt of the dispute resolution committee report, inform the faculty member and the committee in writing of what actions if any will be taken in response to the committee's recommendations.

Faculty Member's Right of Appeal - If the faculty member disagrees with the supervisor's decision he/she shall forward to the appropriate vice president within 15 working days a signed, written request of appeal to the vice president along with a copy of the dispute resolution committee's recommendations and supporting materials.

Vice President's Review - The appropriate vice president shall review the appeal within 15 working days and shall either affirm, reject, or modify the decision of the supervisor. Both the supervisor and the faculty member shall be informed in writing of the vice president's decision.  If the vice president modifies or rejects the supervisor's decision, he/she will communicate the reasons in writing to the supervisor and complainant.

This procedure will not apply to disputes in which it is alleged that an individual's constitutional rights have been violated.