Appendix B.1 | General Appeals

The rights of general appeal described herein apply to all tenured, tenure-track, and non-tenure-track faculty. Faculty have the right to appeal an administrative recommendation, decision, or employment action (except for actions related to discrimination, harassment, termination, and suspension without pay) under the general appeals procedures related to the following matters:

• Academic Freedom (except for Tenure and Promotion Review)
• Professional Responsibility
• Code of Conduct Sanction
• Annual Salary Adjustment
• Workload
• Annual Performance Evaluation
• Termination of Tenured Faculty due to Forfeiture of Tenure
• Termination of Tenured Faculty due to Program Discontinuance

A faculty member may only appeal his or her annual salary adjustment if the adjustment was inconsistent with respect to the compensation allocation plan or formula provided by the university and/or academic unit. A faculty member may only appeal her or his workload if the workload is inconsistent with the respect the workload policy of the university and/or academic unit.

Prior to initiating a general appeal, faculty members are encouraged to bring informal complaints or grievances to the lowest administrative level at which an adverse recommendation, decision, or action was taken. Every effort should be made to expeditiously resolve such matters informally, through conversation with the department chair, director, or dean, before submitting a formal appeal. Faculty may also contact the faculty ombudsperson at any point in the appeal process for consultation or informal mediation as described in Appendix D. If those efforts fail and an administrator makes a formal adverse recommendation, decision, or action, the faculty member may initiate the general appeal process in accordance with Appendix B.1.A. In all cases, faculty members are entitled to notice regarding the grounds for the adverse recommendation, decision, or action. The appeals procedures through administrative channels and the Faculty Appeals Committee are formal but not judicial processes. Faculty members have a right to consult an attorney, but attorneys may not participate in general appeals proceedings.

B.1.A Process for General Appeals

1. Formal Initiation of Appeal:
   
   
   • Upon receipt of a written notice of an administrative recommendation, decision, or action named under Section B.1, a faculty member has 14 days to initiate the general appeals process.
     
     
   • The appeals process begins when the faculty member notifies the administrator, who issued the recommendation, decision, or action, of the faculty member’s intent to formally initiate the general appeal process.
     
     
2. Appeals Through the Administrative Channel:
   
   
   • Faculty members have the right to request review at successively higher administrative levels, up to the level of the provost, until the faculty member concludes that the matter is resolved. At each successive level of administrative appeal, the faculty member has 14 days to submit a written appeal to the administrator at the next level. The faculty member shall copy the written notice of administrative appeal to the administrators at lower levels that have already reviewed and decided in writing on whether to uphold, dismiss, or modify the administrative recommendation, decision, or action.
     
     
   • The administrator at each successive level will review the appeal and decide whether to uphold, dismiss, or modify the administrative recommendation, decision, or action. The administrator shall provide written notification of his or her decision within 14 days of receiving the written appeal to the faculty member and to the administrators at lower levels involved in the appeal. If the appeal rises to the level of the provost and the faculty member concludes the problem is unresolved after a decision by the provost, the faculty member has the right to appeal to the Faculty Appeals Committee.
     
     
3. Appeals Through the Faculty Appeals Committee:
   
   
   • If the faculty member concludes that the matter is unresolved after appealing through administrative channels, the faculty has the right to appeal to the Faculty Appeals Committee within 30 days of receipt of the written decision by the provost. To file an appeal to the Faculty Appeals Committee, the faculty member must submit an intent to appeal in writing to the Faculty Senate President, the chair of the Faculty Appeals Committee, the administrators involved in the appeal, and the provost.
     
     
   • The written appeal should include a comprehensive statement of the appeal. The chair of the Faculty Appeals Committee is responsible for ensuring that the points of the general appeal are clearly defined in writing, and that both parties fully understand the matter(s) to be resolved. If the two parties cannot agree on the matter(s) to be resolved, the chair of Faculty Senate Faculty Policies Standing Committee will determine the matter(s) to be decided. After receiving an appeal and upon verification that both parties fully understand the matter(s) to be resolved, the Faculty Appeals Committee will vote on whether
     
     
     1. To take no action on the grounds that the appeal lacks merit for consideration or
        
        
     2. To conduct a hearing. If the majority of the Faculty Appeals Committee has determined that the appeal merits consideration, then the chair will contact the Faculty Senate office to make the arrangements for the hearing.
        
        
   • The complete procedures for a general appeal hearing through the Faculty Appeals Committee are described in Appendix F.1. As described in Appendix F.1, at the conclusion of the hearing the hearing panel will summarize its findings in writing and vote on whether to recommend upholding, dismissing, or modifying the administrative recommendation, decision, or action. The hearing panel will submit its recommendation(s) and vote to chair of the Faculty Appeals Committee. The chair of the Faculty Appeals Committee will share the vote and recommendation(s) in writing with the faculty member, the administrator(s) involved in the appeal, the provost, and the president.
     
     
4. Decision by the President:
   
   
   • If the recommendation(s) of the Faculty Appeals Committee are approved by the president, the written decision will be provided to the faculty member making the appeal, the administrator(s) involved in the appeal, the provost, and the Faculty Appeals Committee.
     
     
   • If the recommendations of the Faculty Appeals Committee are not approved by the president, the president will issue a written decision which will be provided to the faculty member, Faculty Appeals Committee, provost, and administrators involved. The written decision will include the reasons for not accepting the findings and recommendations of the Faculty Appeal Committee. The decision by the president is not appealable.