University of South Florida Regulation
Regulation Number: USF10.113

Subject: Faculty grievances

(1) Faculty grievances.

(a) Faculty members may file grievances in accordance with this rule if they believe that:

1. A term or condition of employment is unjust;

2. A University Rule, Policy or Procedure has been wrongfully applied to them;

3. A University Rule, Policy or Procedure has been applied to them in a
manner that violates the Rule, Policy or Procedure;

4. A disciplinary action, including reprimand, is inappropriate; or

5. They have been wrongly denied permission to pursue outside activities or political office.

(b) Performance evaluations cannot be grieved under this Rule unless the faculty member believes the evaluation is based on factors other than performance. Grievances on the basis of performance, layoffs, and non-disciplinary matters may be grieved only to the Provost or the appropriate Vice President.

(c) Administrative leave with pay or pending investigation, voluntary reductions in pay, or oral or written counseling are not disciplinary actions and may not be grieved.

(d) Claims of illegal discrimination are to be filed with the University Office of Diversity and Equal Opportunity and any grievance or part of a grievance that makes such claims will not be processed as grievances under this Rule.

(2) The University is committed to open communication between faculty and supervisors to address concerns through Informal Resolution before a grievance is necessary.

(3) At any and all stages of the grievance process, grievants may choose to represent themselves, or may designate any person to assist or represent them.

(4) To maintain their rights, faculty members attempting to resolve a grievance informally must file a written Step 1 grievance by the deadline (as specified in Section (8) of this Rule). By filing a Step 1 grievance, a faculty member consents to a thirty (30) day Informal Resolution period to be conducted in accordance with University requirements.

(5) The initial thirty (30) day Informal Resolution period may be extended for a specific period of time by mutual written agreement between the Grievant and the University. This agreement will specifically state any deadline(s) to submit documents or information required for processing the grievance. In the appropriate circumstances, the parties may agree to an indefinite extension of the Informal Resolution period.

(6) The University must engage in Informal Resolution unless the Grievant specifically requests a Step 1 meeting, which the grievant must do in writing.

(7) In accordance with this Rule, a grievance filed by any faculty member that involves any disciplinary action may proceed after Step 1 to Administrative Review.

(8) Grievance Process: Step 1

(a) An employee must file a Step1 grievance by the close of regular business hours no more than thirty (30) calendar days after the act or omission which the faculty member knows or should have known constitutes the basis for an alleged violation or upon receiving the written notice of disciplinary action. The faculty member must file the Step 1 grievance form with the administrator in the Office of the Provost or the appropriate Vice President who is designated to accept the Step 1 form.

(b) The Step 1 grievance must be in writing, signed by the Grievant, and contain the following information:

1. Name of the Grievant, and the name and address of the Grievant’s representative, if any;

2. Statement specifying which University Rules, Policies or Procedures the employee believes were violated;

3. A brief factual narrative of the act(s) or omission(s) which the Grievant alleges led to the violation and the date(s) on which the violation occurred;

4. The names (including contact information) of any witnesses; and

5. A statement identifying what the employee is seeking to resolve the matter.
A Grievant may also provide any documents that he/she believes support their grievance, and they are encouraged to do so.

(c) It is the Grievant’s obligation to file the Step 1 grievance in accordance with this Rule. If he or she fails to file the Step 1 grievance by the deadline, to sign the Step 1 grievance document, or to include all of the information required in a Step 1 grievance document, the Grievant has no right to further processing of the Step 1 grievance. The University will be under no further obligation to process the grievance and will notify the Grievant of the reasons for not processing the grievance.

(d) If the grievance is not resolved in accordance with the Informal Resolution provisions of this Rule, then the Provost or the appropriate Vice President will designate the University’s Step 1 Representative.

(e) The Step 1 Representative will meet the Grievant within fourteen (14) calendar days of:

1. The University’s receipt of the Step 1 form, if the required period of Informal Resolution stipulated in Section (4) of this rule has been waived; or

2. The end of Informal Resolution. At the Step 1 meeting, the Grievant may, if he or she chooses, present additional information or documents for consideration by the Step 1 Representative. A Step 1 Representative may review and/or use any additional business records of the University they believe are relevant to their review of the Step 1 grievance.

(f) The Step 1 Representative must issue a written decision no later than thirty (30) calendar days after the Step 1 meeting. This decision must discuss the reasons for the decision and what documents supported the Step 1 Representative’s review, a statement about what actions are or are not to be taken by the University and/or faculty member, and a copy of all documents used in reaching the decision.

(9) Grievance Process: Step 2

(a) If the Grievant is not satisfied with the Step 1 resolution, the Grievant may request an Administrative Review (A/R) in accordance with this Rule. A Grievant must file a request for an Administrative Review by the close of regular business hours no more than fourteen (14) calendar days after receiving the written Step 1 decision. The Administrative Review request must be filed with the Agency Clerk in the Office of the General Counsel, with a copy to the Provost or the appropriate Vice President.

(b) The A/R request must be in writing, signed by the Grievant, and contain the following: (i) a copy of the Step 1 grievance document; (ii) a copy of the Step 1 response; (iii) if applicable, a list of the Rules and/or Policies the grievant believes may have been misapplied in the Step 1 decision; and (iv) a brief statement or outline of the basis for challenging the Step 1 decision. A faculty member may also provide any documents they believe support their request for an A/R.

(c) The Grievant may initiate a proceeding to be conducted in accordance with the provisions of Chapter 120, Administrative Procedure Act, Florida Statutes, and Chapter 28-106, F.A.C., Decisions Determining Substantial Interests, by submitting a petition to the Agency Clerk in the University’s Office of the General Counsel, with a copy to the President, within fourteen (14) calendar days of receipt of the Step 1 decision.

(d) It is the Grievant’s obligation to file the A/R review request in accordance with this Rule. If an employee fails to file the A/R request by the deadline, to sign the A/R request document, or to include all of the information required for an A/R review, the Grievant has no right to further processing of the A/R review request. The University will be under no further obligation to process the A/R and will notify the Grievant of the reasons for not processing the grievance.

(e) The election of one type of A/R in accordance with this Rule constitutes the Grievant’s waiver of any right to avail himself/herself of any of the process, rights and/or remedies that may be available in any other process. Once the election is made, a Grievant may not withdraw his/her request to initiate another type of A/R; a Grievant’s withdrawal at any point after filing a request for A/R will constitute a dismissal of the action with prejudice.

(10)(a) Within ten (10) calendar days of the faculty member’s election of an Administrative Review by arbitration, the parties will meet to follow the American Arbitration Association procedure for the selection of an arbitrator. The arbitration shall be held within sixty (60) days following the selection of the arbitrator.

(b) The University and the grievant will coordinate with the arbitrator to arrange the arbitration date, time and place, and such communications will not be deemed to be an inappropriate, unethical or ex parte communication.

(c) For purposes of this section only, all notices and/or objections must be received by the other party within the ten (10) day time period unless extenuating circumstances interfere with the ability to comply.

(11)(a) In any non-disciplinary matter or in any non-disciplinary aspect of a case involving multiple issues, the Grievant has the burden of proof and going forward at all times.

(b) In any disciplinary matter or in any disciplinary aspect of a case involving multiple issues, the University has the burden of proof and going forward at all times.

(c) The arbitrator’s authority is to determine whether the University had just cause to impose discipline and whether the discipline imposed was appropriate.

(12) The arbitrator may use the Florida Rules of Civil Procedure to govern the arbitration. If the arbitrator intends to use any other rules, he/she must notify the parties no later than ten (10) calendar days before the hearing.

(13) The arbitrator must issue his/her decision within sixty (60) calendar days of the completion of the arbitration. The arbitrator’s decision is binding.

(14) Neither party may appeal the arbitrator’s decision except in accordance with Florida law.

(15) In the event a Grievant is represented by any employee representative entity, the University and that entity will equally bear any fee charged for the Administrative Review process. In all other cases, the losing side will bear the cost of any such fees for the Administrative Review process.

(16) Time limits in this Rule will be calculated in accordance with the Florida Rule of Civil Procedure, unless otherwise specified in this Rule. In the case of grievances claiming arbitrarily-denied permission to pursue outside activities or political office, an expedited process will be used, wherein time deadlines will be shortened by a factor of one-half.

(17) No reprisal of any kind will be made by the Board or the University against any grievant, witness, or designated representative, or any other participant in the grievance procedure by reason of such participation in the grievance process.

SPECIFIC AUTHORITY: §§ 1001.74(4), (19); 1012.92(3) FS.
LAW IMPLEMENTED: §§ 447.209; 1001.74(19), (34); 1001.75(3),(16), 1012.92(3) FS.
HISTORY: New 10/05/03.
NAME OF PERSON ORIGINATING PROPOSED RULE ADOPTION: Rules Committee
NAME OF SUPERVISOR OR PERSON WHO APPROVED PROPOSED RULE ADOPTION:
S. David Stamps, Provost and Vice-President for Academic Affairs
 

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