Document 4

1983

APPENDIX X to the APPOINTMENT HANDBOOK OF THE HARVARD UNIVERSITY FACULTY OF ARTS AND SCIENCES

Guidelines for the Resolution of Faculty Grievances


Any faculty member may bring forward for resolution, on his or her own behalf, any grievance which alleges discrimination on the basis of race, color, religious belief, sex, sexual orientation, national or ethnic origin, handicap or age; or which contends that proper procedures have not been followed in decisions regarding promotion or reappointment. The review process, which includes both informal and formal mechanisms for the resolution of grievances, consists of four stages:

1. A faculty member with a concern should, in the first instance, take the matter to the appropriate department chair.

2. If the issue cannot be resolved satisfactorily between the faculty member and the department chair, the faculty member may consult on a confidential basis with the Associate Dean for Academic Affairs or with a designated equal employment opportunity officer within the Faculty of Arts and Sciences, as appropriate. These advisers are presumed to be well informed about the procedures and policies of the Faculty. At the request of the grievant, they will attempt to resolve the issue.

3. If the faculty member has taken these steps and if the matter is still unresolved, the faculty member may elect to file a formal grievance.

a. A formal grievance is a complaint in writing to the Dean of the Faculty which claims that discrimination (on any of the bases enumerated above) has occurred, or that proper procedures have not been followed, and gives a detailed account of the circumstances and grounds on which the grievance is based. Complaints should be submitted within eight weeks of the action or decision that is the subject of the grievance.

b. The Dean shall promptly acknowledge receipt of the written grievance and submit it to the elected members of the Docket Committee of the Faculty for preliminary screening. This group is empowered to dismiss the complaint if it is found to be clearly without merit.

4. If the complaint is not dismissed, the elected members of the Docket Committee will advise the Dean to appoint an ad hoc grievance panel chosen from a pool composed of current members of the Faculty Council and members of the Faculty who have served on the Faculty Council during the preceding five years and who have had no conflict of interest or involvement of significance in the issue. The ad hoc grievance panel will consist of three members chosen from this pool as follows: one by the grievant; one by the respondent or relevant department chair as appropriate; and the third by the Docket Committee itself. The last is to be the chair of the panel.

a. The grievance panel shall conduct an inquiry in an informal manner, providing for the orderly and careful consideration of all points of view. It shall devise procedures appropriate to the case to include the right of the grievant and respondent to appear before it.

b. Every effort will be made to protect the privacy of individuals and the confidentiality of documents, including letters written with the understanding that they will not become public. However, in order to provide full and fair consideration of the grievance, the panel may require access to confidential documents. Requests for access should be addressed to the Dean of the Faculty who, in consultation with the panel chair, will judge which materials are relevant. Such confidential documents as the Dean deems relevant will be held in the office of the Dean with access limited to members of the panel, unless, in the Dean's view, specific circumstances require otherwise.

c. Proceedings of the panel are not those of a court of law and it is a matter of considerable importance to maintain an atmosphere of collegiality. Consequently, the presence of legal counsel on behalf of either party to the grievance is not permitted during the proceedings.
d. When appearing before the panel, both the grievant and the respondent are entitled to be accompanied by a member of the Faculty serving as adviser. Advisers may participate in the proceedings in the same way that the grievant and the respondent participate.