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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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