Governance Handbook > Part 1: General > 1.8 Grievances > 1.8.3 Formal Grievance Process

1.8.3 Formal Grievance Process

(Bylaws)

If persons deem the above process or the decisions resulting from the process to be arbitrary, capricious, or discriminatory, they may bring their concerns before an impartial body of the University by filing a formal grievance with the Chair of the Grievance Committee, hereafter referred to as the Grievance Chair. The Formal Grievance Process is available to current and former students (within 90 days of termination of enrollment) for issues pertaining to courses or instructors, academic policies or procedures, and student employment. The process is also available to current faculty and staff of Walla Walla University and to former faculty and staff within 30 days of termination of employment. The Formal Grievance Process is available only when a person filing a complaint, hereafter referred to as the Grievant, can show that the conflict in question is directly related to policies, practices, or employees of the University. The Formal Grievance Process is not available for issues pertaining to violations of Title IX policy. The President of the University may not file a formal grievance but may appeal directly to the Board of Trustees.

If the grievance cannot be resolved by the Initial Conflict Resolution Process (see 1.8.2 Initial Conflict Resolution Process), the Grievant may formally appeal to the Grievance Committee. Once a formal grievance has been filed, all parties and committee members must maintain confidentiality regarding all facts and issues related to the grievance during the grievance process. All parties and committee members should be able to carry out the process without fear of censure or reprisal. The following timeline for the grievance process must be followed unless a change is agreed to by the Grievance Chair, the Grievant, and the person(s) named in the complaint, hereafter referred to as the Respondent(s).

(Procedures)

1. Initiating a Formal Grievance
   1. Grievant Actions

      i. The Grievant must file a formal written complaint to the Grievance Chair within thirty (30) days following the final attempt at conflict resolution, or within thirty (30) days of termination of employment for former faculty and staff, or within ninety (90) days of termination of enrollment for former students.

      ii. The formal written complaint must include the following:

      A. A clear and detailed description of the complaint

      B. Documentation of prior attempts at conflict resolution and the outcome(s)

      C. An explanation of why the outcome(s) or process of conflict resolution is thought to be arbitrary, capricious, and/or discriminatory

      D. What redress is desired

   2. Grievance Chair Actions

      i. Within one (1) week of receiving a formal written complaint, the Grievance Chair will notify the Grievant in writing either

      A. That the complaint has been received and is eligible

      B. Or that the complaint has been received, but questions remain pertaining to the areas below, which the Grievant must respond to within three (3) business days

      I. The eligibility of the filing—To be eligible, the complaint must relate directly to policies, practices, and/or employees of the University in the areas outlined in the bylaws above.

      II. The completion of the Initial Conflict Resolution Process (see 1.8.2 Initial Conflict Resolution Process)—To be complete, all steps must have been taken before filing the formal grievance.

      III. The admissibility of the Respondent(s)—To be admissible, the Respondent(s) must have been directly involved in the grievance issue.

      ii. Once the Grievance Chair has notified the Grievant that his/her formal complaint is eligible, the Grievance Chair will, within one (1) week,

      A. Notify the Respondent(s) in writing of the complaint and

      I. Provide a copy of the complaint to the Respondent(s)

      II. Notify the Respondent(s) that they have two (2) weeks to provide a written statement in response

      B. Contact the Grievance Committee members regarding the complaint and

      I. Inquire regarding possible conflicts of interest that may affect committee member participation

      II. Designate appropriate alternate committee members as needed

      C. Obtain a signed non-disclosure agreement from the Grievant and Respondent(s)

      iii. Within one (1) week of receiving the statement(s) of the Respondent(s), the Grievance Chair will

      A. Provide the Grievant with a copy of statement(s) from the Respondent(s)

      B. Secure copies of pertinent policies/procedures for the committee’s use

      C. Call an organizational meeting of the Grievance Committee to be held before the formal hearing to

      I. Select a secretary from among the members

      II. Address organizational issues (not the merits of the case)

      III. Distribute copies of pertinent policies/procedures

      IV. Establish procedures for the formal hearing

      D. Establish a date for the formal hearing and notify the Grievant and Respondent(s) in writing of the formal hearing at least one (1) week in advance of the hearing

2. Terminating the Grievance Process

   1. The Formal Grievance Process may be terminated at any time if

      i. The Grievant decides to terminate the grievance. The Grievant must sign a statement indicating that he/she has chosen to terminate the grievance of his/her own accord and without coercion.

      ii. The Grievant violates confidentiality during formal consideration of the grievance. Determination of a breach of confidentiality will be made by two-thirds vote of the Grievance Committee.

      iii. The Grievant fails to respond to communications by the Grievance Chair within the time frame outlined in this policy.

      iv. Any party to the grievance initiates formal legal action related to the grievance issue.

3. Responsibilities of Individuals Involved in the Grievance Process

   1. Responsibilities of the Grievance Chair

      i. See that the timeline of the Formal Grievance Process is followed and adjudicate any requests to alter the timeline

      ii. Remain neutral, taking care not to prejudice the committee or any others against the position of any party to the complaint

      iii. Keep all matters pertaining to the grievance in strict confidence

      iv. Obtain a written agreement of non-disclosure from the Grievant and Respondent(s)

      v. Resolve observed breaches of confidentiality

      vi. Maintain documentation of all communication with all parties during the grievance process

   2. Responsibilities of the Grievance Committee Members

      i. Keep all matters pertaining to the grievance in strict confidence

      ii. Review the complaint and relevant documents before the organizational meeting

      iii. Be present at all formal meetings of the committee, unless excused by the Grievance Chair

      iv. Discuss the grievance only in the context of the meeting(s)

      v. Determine how and when the Grievant will be heard

      vi. Hear the parties face to face, conducting no hearings without the presence of both parties

      vi. Approve, by two-thirds vote, corrective action in cases of observed breach of confidentiality, which may include but is not limited to

      A. Terminating the grievance process

      B. Documenting a breach of confidentiality as part of an employee's employment file

   3. Responsibilities of the Grievant and Respondent(s)

      i. Respond to communication from the Grievance Chair in writing and within the timeline of the Formal Grievance Process

      ii. Keep all matters pertaining to the grievance in strict confidence

      iii. Provide the Grievance Chair, at least three (3) days prior to the formal hearing, with the names of individuals he/she will call upon to be present and/or to testify. The Grievance Chair will immediately make these names available to all parties. In special circumstances, individuals whose names are not on the list prior to the meeting may be added upon a two-thirds vote of the Grievance Committee.

4. Formal Grievance Hearing

   1. The formal hearing shall occur not more than five (5) weeks after the date upon which the Grievance Chair notifies the Grievant that his/her complaint is eligible.

   2. All committee members, the Grievant, and the Respondent(s) must be present at the formal hearing.

   3. The formal hearing shall address only the issues raised in the Grievant's original complaint, unless the Grievant, Respondent(s), and Grievance Chair all agree that they are prepared to address a new issue.

   4. During the formal hearing, both the Grievant and Respondent(s) may

      i. Bring another person to speak on his or her behalf (this person must be an employee or student of the University unless otherwise approved by a two-thirds vote of the Grievance Committee)

      ii. Present an opening statement

      iii. Call witnesses or present documents to support his/her position

      iv. Ask questions of witnesses and parties

      v. Respond to questions raised and statements made in the course of the hearing

      vi. Make a summary statement

   5. The grievance hearing will proceed as follows, unless modified by a two-thirds vote of the committee.

      i. Grievant's opening statement

      ii. Respondent's opening statement

      iii. Grievant's presentation of evidence

      iv. Respondent's questioning of Grievant's evidence

      v. Committee questions regarding Grievant’s evidence

      vi. Respondent’s presentation of evidence

      vii. Grievant's questioning of Respondent's evidence

      viii. Committee questions regarding Respondent's evidence

      ix. Grievant's summary statement

      x. Respondent's summary statement

      xi. Dismissal of parties and witnesses

      xii. Committee deliberation

5. Actions of the Grievance Committee

   1. After the formal hearing has concluded, the committee will deliberate in private on the merits of the grievance.

   2. By a two-thirds majority vote, the committee may take the following actions (voting shall be done by secret ballot):

      i. Find in favor of the Grievant and recommend appropriate redress

      ii. Find in favor of the Respondent(s) and dismiss the case

   3. The Grievance Committee shall designate a member to prepare a written statement of the committee’s recommendation for final review and approval by the committee. A minority report may also be prepared. The Grievance Committee shall submit a recommendation within seven (7) weeks from the date when the formal grievance was determined to be eligible.

6. Submission of Grievance Recommendation and Response

   1. Except when the President is a Respondent to a grievance, the Grievance Chair will submit to the University President the approved written statement of the committee’s recommendation, the minority report (if any), and a copy of the grievance file. If the President is named as a Respondent, then the Grievance Chair will submit the documents to the University Board Chair.

   2. The President (or Board Chair) shall respond in writing within thirty (30) days of receiving the recommendation of the Grievance Committee.

      i. If the President concurs with the recommendation of the Grievance Committee,

      A. The recommendation becomes the final decision

      B. The Grievance Chair shall notify the Grievant and Respondent(s) of the decision, in writing, on behalf of the President.

      ii. If the President’s decision differs from the recommendation of the Grievance Committee,

      A. The President will state in writing the rationale for the decision

      B. The President’s decision will be reviewed by the Executive Committee of the University Board

      C. The President shall notify the Grievant and Respondent(s) of the decision in writing

7. Record Keeping

   1. The Grievance Chair shall maintain, in the President's office, a grievance file containing all records pertaining to the Formal Grievance Process. This file shall include, but not be limited to, the following:

      i. The written complaint

      ii. The written response to the complaint

      iii. The recommendation made by the Grievance Committee

      iv. The President's (or Board Chair's) written response

   2. Records relevant to the Formal Grievance Process shall be kept on file for three (3) years.

   3. All records pertaining to the grievance shall be kept in strict confidence and shall be available only to the Grievance Committee, Grievant, Respondent(s), and the Walla Walla University Board Chair, President, and Vice Presidents.