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Faculty
Regulations
18. Retirement
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| Eligibility for participation
in the retirement plan is limited to members of the full‑time
faculty and staff who (1) are at least 26 years old, and (2)
have completed one year of full-time service at the University
or at another 501( c ) institution. Participation in the retirement
program is optional. |
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| The University will
assist individual faculty members who wish to retire. Guidelines
for the University's retirement incentive policy are reviewed
annually by the Committee on Faculty Benefits and forwarded
to the provost for consideration and action. Once approved,
the guidelines are distributed to all members of the full‑time
faculty. The Committee on Faculty Benefits is empowered to recommend
minor adjustments in the policy; substantive changes, however,
must have the approval of the full University Senate, the provost
and the president. Retirees who meet years‑in‑service
requirements will also be eligible for the Benefit Extension
Plan set forth in the Faculty/Staff Benefits Manual.
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| Tenured full‑time
faculty are also eligible to apply for phased retirement which
is an appointment with a reduced load, with proportionally adjusted
sabbatical leave and other benefits for a fixed period prior
to retirement. The dean of academic affairs is the administrator
of the Retirement Incentive Program and the Phased Retirement
Programs. |
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| 19. Faculty Grievances |
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| a. Scope |
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| In the event that a
faculty member may have a grievance against the University or
another member of the faculty, it is hoped that such differences
can be resolved informally. However, it may become necessary for a faculty
member to take formal steps to attempt to resolve the grievance. This section addresses the procedures that a
faculty member should use for cases other than non-renewal,
non-promotion, or denial of tenure for tenure track appointments. |
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| While baseless complaints
are not to be encouraged, neither should a faculty member be
prevented from pursuing a grievance if s/he so chooses. No individual
will be penalized, disciplined, or prejudiced for exercising
the right to make a complaint or for aiding another individual
in the presentation of that complaint.
Persons obstructing this grievance process may be disciplined
up to and including dismissal. |
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| b. Timeline |
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| Each step outlined
below should be taken in a timely fashion, generally not to
exceed three weeks, except when the University is not in fall
and spring sessions. |
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| c. Informal Resolution |
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| Ordinarily, faculty
members should try to resolve grievances through discussions
with the responsible administrative officer or colleague. For example, if a faculty member has a grievance
with respect to an action of the Washington College of Law the
faculty member should attempt
to resolve the matter through discussions with the dean. The
administrative officer may then consult with the other individuals
and/or groups involved in the matter.
If the grievance cannot be resolved with the responsible
administrative officer, the faculty member should then proceed
upward through the chain of authority. If the grievance remains unresolved, then the
faculty member may seek assistance from the Washington College
of Law’s Committee on Rank and Tenure.
If these informal means do not result in an agreement,
then the faculty member may file a grievance with the Committee
on Faculty Grievances. |
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d. Handling of Grievances by the
Committee on Faculty Grievances
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| i. Filing of Grievance |
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| When
a faculty member has exhausted the informal resolution process
as set forth above, the grievant may file a Formal Written Grievance. The Formal Written Grievance should consist
of the grievant's written statement and relief sought, all documents
and decisions made during the informal resolution process, the
name and telephone number of the grievant, and a preliminary
list of individuals who may be relevant to the formal hearing
process. The date of
receipt of the Formal Written Grievance by the Chair of the
Committee on Faculty Grievances establishes the "Grievance
Date." The Committee
chair should note the Grievance Date for all parties. When presented
with a grievance, the Committee on Faculty Grievances may seek
an informal resolution before proceeding to formal hearings.
When the Committee decides that a formal hearing is to
be held, the procedure set forth below will be implemented: |
ii. Hearing Process
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| a. A date for the formal hearing
will be established by the chair and all persons directly concerned.
The Committee will make available to persons directly concerned
all materials in the Committee chair's file on the grievance.
All persons directly concerned will be advised of the time and
place at which the hearing is to be held. |
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| b. Extensions of time or rescheduling
may be granted by the chair for good cause provided that the
extension shall be added to the Grievance Date in calculating
any subsequent due dates established for this process. |
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| c.
If the grievant fails to appear at the hearing without
good cause, the case will be dismissed with prejudice.
For this purpose, only circumstances beyond the grievant’s
control which prevented his/her attendance at the hearing will
constitute good cause. |
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| d. If the responding party fails
to appear at the hearing, the case will proceed in his/her absence.
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| e. Any party to the grievance
under consideration will be given an opportunity to be heard
by the full Committee on Faculty Grievances. The faculty member
may have with them at all times a counsel of his/her own choosing.
The Committee may invite other persons from within or
without the University to give testimony relevant to the case,
and either party to the grievance may request that the Committee
invite such persons. |
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| f. A complete and verbatim record
of the hearing will be kept. At the conclusion of the hearing,
the full record, together with any documents or other materials
which have been introduced during the hearing, will be made
available to the parties principally concerned. These parties
may file written closing statements, based on a study of the
record, with the chair of the Committee on Faculty Grievances.
Copies of any closing statements received will be transmitted
by the chair to the Committee and to the other principals, and
the chair will accept rebuttals to the closing statements during
a specified period of time. Any Party to the grievance may file a closing
statement with the chair. |
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| g. After an opportunity has been
given to the parties concerned to review the record of the hearing,
to submit closing statements, and to make rebuttals to the closing
statements of others, the Committee on Faculty Grievances will
deliberate in executive session and prepare its report. |
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| h. The Committee will deliver
a copy of its Final Grievance Report to the provost
and to the parties, and to no other persons. |
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| i. Before, during, and after
any hearings by the Committee on Faculty Grievances, all persons
directly or indirectly involved in the case are requested not
to discuss the matter at issue or to express any opinions about
it. If it appears desirable that any public statement be made
about the case prior to the release of the Committee's Final
Grievance Report, such a statement should be made only
by the Chair and should be limited to what the Committee has
authorized him/her to say. |
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| j. Upon receipt of the report,
the provost will issue a statement to the Committee on Faculty
Grievances and to the parties indicating the action which will
be taken by the University, and, if the action is at variance
with the Committee's recommendation, the reasons for such action.
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| k. In any grievance or charge
of violation of due process against the provost, s/he will recuse
himself/herself, and the Committee on Faculty Grievances will
deliver its Final Grievance Report, after formal hearings, to
the president and the parties, and to no other persons.
Similarly, when the provost has been substantially involved
in negotiations to resolve a grievance, s/he will recuse himself/herself
if the case still requires a formal hearing, and the Committee
on Faculty Grievances will deliver its report to the president
and to the parties. The
president shall issue a statement to the Committee on Faculty
Grievances, to the parties, and to the provost indicating the
action which will be taken by the University, and, if the action
is at variance with the Committee's recommendations, the reasons
for such action. |
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| l. The final record of the
Grievance, including the Formal Grievance, the transcript or
recording, and documentary evidence, final or rebuttal statements
of the parties, the Final Grievance Report and the provost's
or president's statement will be retained by the Office of the
Provost for four (4) calendar years from the Grievance Date. |
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