10.18 Grievance Policy and Hearing Procedures
10.18.1 Purpose and Principles In the spirit of its Core Values, Loyola College recognizes that valid differences of opinion and interests will arise within the working community. The College expects its employees to address differences and resolve conflicts reasonably, rationally, and constructively. Employees are encouraged to pursue informal means for resolving work-related differences with the appropriate person whenever possible. The Director of Employee Relations and Professional Development, Human Resources Department, 5000 York Road, is available to consult with employees about College grievance procedures and informal resolution of workplace differences and can be reached at 410-617-1367. It is the responsibility of every Loyola employee to do his/her part to maintain collegial open and collaborative working relationship, characterized by mutual trust, respect, and care. When normal efforts to resolve problems and disputes fail, the College provides a procedure employees may use to express their grievances and seek resolution. The objective of each stage of the process is to secure an equitable and mutually acceptable resolution without proceeding to the next stage. Conciliation efforts are encouraged throughout the grievance process. All persons associated with Loyola College are responsible for insuring that no one making a grievance will suffer any retaliation. No adverse action may be taken against; the individual bringing the grievance in good faith, any persons who furnish the complainant with any assistance, or any persons solely because of their involvement in the grievance.
Throughout the grievance process, the “complainant” bears the burden of supporting the allegations set forth in the grievance. At all steps in the review of the grievance individuals shall confine their considerations to the facts of the case and not to peripheral issues that are not material. All reviews are to be conducted in a timely manner and in accordance with standards of fairness. In matters involving adverse personnel actions such as disciplinary action or dismissal, the adverse action may be implemented prior to or during the processing of any grievance. The Grievance Panel and all participants in the grievance process are obligated to treat all information about the grievance proceedings (formal or informal) as confidential. Participants are authorized to discuss the case only with persons who have a legitimate “need to know.” Questions regarding confidentiality, including who has a “need to know” in a particular case, should be directed to the Assistant Vice President for Human Resources. A breach of confidentiality is grounds for disciplinary action and may itself be the subject of a grievance. Back to Top 10.18.2 Scope of Review A grievance is a work-related complaint made to a supervisor, manager or the Human Resources Office that alleges a violation, misinterpretation or misapplication of College policies or regular practices, other than harassment or discrimination. Allegations of harassment or discrimination are to be resolved through the College’s Harassment and Discrimination Policy. This Grievance Policy may not be invoked as an alternative to other established procedures (e.g., the Rank and Tenure Policy Statement regarding tenure, rank, dismissal and release). Furthermore, the following items are not grievable: contracts or letters of appointment, performance evaluations (including faculty reviews and letters of recommendation for promotion and tenure), salary adjustments, classifications or reclassifications, terminations resulting from reorganizations or reductions in force, and terminations resulting from the end of grants and contracts. Resolutions of grievances achieved under the Grievance Policy are strictly limited in application to the particular complaint. “Class action” grievances may not be filed and “class action” relief will not be granted. The Grievance Policy is not to be invoked for frivolous or petty claims, or for the purpose of harassment or intimidation. The Grievance Policy may not be invoked as a means to challenge or invalidate established College policies and procedures. Procedures for dismissing a grievance that falls outside the scope of the Grievance Policy are set forth in Sections 4.7 (informal procedure) and 6.3.1 (hearing procedure). Back to Top 10.18.3 Who May Bring a Grievance Any Loyola employee (including a student employee) may use this Grievance Policy to bring a work-related grievance against another employee. Allegations against student employees in their capacity as students will be referred to the Assistant Director of Student Life and resolved through the Student Code of Conduct. Only the individual directly affected by an alleged improper decision or action may make a grievance. Back to Top 10.18.4 Informal Resolution Procedure The complainant must first seek informal resolution of the grievance using the steps outlined below. The complainant shall notify Human Resources of each appeal to the next step. The complainant and the person reviewing the grievance at each step shall copy Human Resources on all written materials. For purposes of this Policy, the “immediate supervisor” of a faculty member is deemed to be the department chair. Step One. The complainant shall bring the grievance to the attention of the person who allegedly committed the grievance (the “respondent”) or to the complainant’s immediate supervisor. This must be done no later than one hundred and eighty (180) calendar days after a) the occurrence of the event or action that is the subject of the grievance; or b) the date the complainant became aware of the event or action. The complainant must allow the respondent or the complainant’s immediate supervisor ten (10) working days to resolve the grievance. Step Two. If the resolution is not achieved at Step One, the complainant may within ten (10) additional working days bring the grievance to the attention of the respondent’s immediate supervisor. The complainant shall inform the respondent’s supervisor in writing about the nature of the grievance and the relief he or she seeks as a resolution. The complainant must allow the respondent’s supervisor ten (10) working days to resolve the grievance. In cases where the respondent is someone who reports directly to the President, the appeal at Step Two shall be to the President’s designee. If the respondent is the President, the complainant may proceed directly to file a Grievance Petition (Step Four). Step Three. If a resolution is not achieved at Step Two, the complainant may within five (5) additional working days bring the grievance to the attention to the person in the next higher level of authority (i.e., beyond the respondent’s supervisor) in a written statement that describes the grievance and the relief sought. This process of appeal to the next higher authority shall continue until the appropriate Vice President has been informed in writing of the grievance. The complainant must give the appropriate Vice President five (5) working days to resolve the grievance. If the respondent is someone who reports directly to the President, the complainant may proceed directly to file a Grievance Petition (Step Four). Step Four. If a resolution is not achieved after following the above procedure, the complainant may within five additional working days file a Grievance Petition with the Chair of the Grievance Panel to request a hearing before a Hearing Committee. In particular cases or because of the potential for conflicts of interest, the Assistant Vice President for Human Resources may vary the informal resolution process set forth above. Time limits specified for each step of the informal resolution procedure may be waived by the Assistant Vice President for Human Resources for good cause or to accommodate faculty grading periods, fall or spring break, or summer semesters. Failure to comply with applicable time limits may result in dismissal of the grievance. If the Assistant Vice President for Human Resources determines that the grievance does not fall within the scope of the Grievance Policy, he/she may dismiss the complaint. The dismissal terminates the grievance process unless the complainant files an appeal. The complainant may appeal the dismissal within five (5) days to the President, whose determination shall be final. If the respondent is the President, appeal of the dismissal shall be decided by the Chair of the Board of Trustees. Back to Top 10.18.5 Hearing Procedure Definitions Petition: A petition is a written request, delivered to the Chair of the Grievance Panel, that a Hearing Committee be established to consider the grievance. A petition must satisfy the requirements of Section 6.1. Response: A response is the respondent’s written reply to the petition. A response must satisfy the requirements of Section 6.5. Grievance Panel: The Grievance Panel is a body elected in accordance with Section 8 from which the members of the Hearing Committee are chosen. Hearing Committee: The Hearing Committee is a body of three persons selected from the Grievance Panel in accordance with Section 6. Report: A report is a written statement of the findings, determinations and recommendations of a Hearing Committee. Executive Session: An executive session is one at which no one else is present except members of the Hearing Committee. Back to Top 10.18.6 Initiating the Hearing Procedure The hearing procedure described below must be followed without omission or curtailment, except that deadlines may be extended by the Chair of the Grievance Panel for good cause at the request of either party, by the Hearing Committee for good cause at the request of either party, or by agreement of the complainant and of the respondent. The grievance petition must be in writing and must contain the following: A request that the Chair of the Grievance Panel establish a Hearing Committee to review the grievance. A statement that the appropriate Vice President (or President’s designee) and Assistant Vice President for Human Resources have been informed of the grievance. A statement that informal methods for resolving the grievance as set forth in Section 4 have been exhausted. A statement that the grievance is within the Scope of Review of the grievance policy as described in Sections 2.0 through 2.4, including a reference to the applicable section. A clear statement of the grievance. The name of the respondent. A summary of the facts relating to the grievance. A list of persons who are believed to have information that supports the position of the complainant. A statement of the relief sought. Any supporting documentation.
The Chair of the Grievance Panel will return an incomplete petition to the complainant for amendment and shall inform the complainant of the requirements of Section 6.1 that need to be fulfilled to constitute a valid grievance petition. The complainant shall have five (5) days in which to resubmit the petition. Failure to submit a valid grievance petition may result in dismissal of the grievance. At any time prior to the selection of the Hearing Committee, the Chair of the Grievance Panel, in her or his sole discretion, may convene an advisory committee from among the members of the Grievance Panel to assist the Chair in determining whether a grievance falls within the scope of the Grievance Policy. If the Chair determines that the grievance does not fall within the scope of the Grievance Policy, the Chair may dismiss the complaint without affording further process. This dismissal terminates the hearing process unless the complainant files an appeal. The complainant may appeal the dismissal within five days to the President, whose determination shall be final. - If the respondent is the President, appeal of the dismissal shall be decided by the Chair of the Board of Trustees.
- As soon as possible, normally within five (5) working days after receipt of the grievance petition, the Chair of the Grievance Panel shall notify the complainant of the status of the grievance petition and whether a hearing will be granted. Within five (5) working days after receipt of the grievance petition, the Chair of the Grievance Panel shall also notify the respondent of the grievance in writing and shall provide the respondent with a complete copy of the petition and any attached documentation.
- Within ten (10) working days of receipt of the copy of the grievance petition, the respondent shall file a response with the Chair of the Grievance Panel. The respondent’s response shall be in writing and must contain the following:
A reply to the grievance. A summary of the facts relating to the grievance. A list of persons who are believed to have information that supports the position of the respondent. Any supporting documentation.
The Chair of the Grievance panel will return an incomplete response to the respondent for amendment, and shall inform the respondent of the requirements of Section 6.5 that need to be fulfilled to constitute a valid response. The respondent shall have five days in which to resubmit the response. If the respondent fails to resubmit the response, the hearing will proceed based on the incomplete response and the respondent will forfeit the right to resubmit a valid response. As soon as possible, normally within five (5) working days of receiving the response, the Chair of the Grievance Panel shall provide the complainant with a complete copy of the response and any attached documentation. Upon receipt of the completed petition and response, the Chair of the Grievance Panel will submit to the complainant and the respondent a list of current members of the Grievance Panel. Within five working days, the complainant and the respondent each will select one member of the Hearing Committee by notifying the Chair of the Grievance Panel, in writing, of their selection. If, after five working days, either the complainant or the respondent has not made a selection, the Chair will choose sufficient members from the Panel to complete the Hearing Committee. Failure to meet the deadline by either party will result in forfeiting the right to choose a member of the Hearing Committee. Within five (5) working days of receiving notification of the selections of the complainant and respondent, the Chair of the Grievance Panel shall appoint the Chair of the Hearing Committee from among the remaining members of the Grievance Panel. If any individual selected to serve on the Hearing Committee believes that he or she has cause to recuse him/her from service, she or he must notify the Chair of the Grievance Panel at the earliest possible date by submitting a written, confidential statement of the reasons. The Chair shall determine in his/her sole discretion whether or not recusal is warranted. If the Chair determines that the designated committee member should be excused, the Chair will so notify the complainant and the respondent as quickly as possible. If either had chosen the excused member, he or she will be granted another five (5) working days to select an alternate. The Hearing Committee shall set a hearing date and shall notify the complainant and the respondent in writing of the hearing date, which generally shall not be more than 30 working days from the date the petition was filed. Hearings will not be held during summer or winter breaks, but reasonable efforts will be made to conduct hearings before the end of an academic semester or as soon as the next semester begins.
Back to Top Hearing Procedure The proceedings of the Hearing Committee shall be conducted in conformity with the following steps and guidelines: All proceedings shall be conducted with regard for fairness but the formal rules of evidence shall not apply. The Hearing Committee will assure that repetitive, extraneous, irrelevant, or abusive statements are not permitted to impede the orderly progress of the Hearing. The proceedings of the Hearing Committee are ordinarily closed, but may be opened with the consent of the complainant, the respondent, and the Hearing Committee. Neither the complainant nor the respondent is permitted to bring legal counsel to the hearing, but each has the right to bring to the hearing an advisor who is either currently in the employ of Loyola College or an enrolled student but is not a member of the Bar. The complainant and the respondent and their advisors have the right to address the Hearing Committee, to be present throughout the proceedings whenever information is being presented, and to examine all records and documents presented to or reviewed by the Hearing Committee. Each party or his or her advisor, but not both, shall have the right to make an opening statement, closing argument, and to question persons making statements to the Hearing Committee. The hearing shall be audio taped (except for the Committee’s deliberations in executive session). The College will have the tape transcribed and reproduced at the request of either party. If the Hearing Committee determines, after seeking the advice of the College’s legal counsel, that the grievance involves such serious legal issues that it is inappropriate to continue the grievance process, the Committee shall so inform the complainant, the respondent, and the appropriate Vice President in writing, and shall adjourn. If the Hearing Committee determines that informal methods for resolving the grievance as set forth in Section 4 have not been exhausted, the Committee shall so notify the complainant, the respondent, and the appropriate Vice President, and shall adjourn. Throughout the grievance process, the Hearing Committee shall attempt to identify means of resolving the grievance that are acceptable to the complainant and the respondent.
During the hearing, the order of presentation normally shall be: The complainant, either directly or through an advisor, may make an opening statement. The respondent, either directly or through an advisor, may make an opening statement immediately after the opening statement of the complainant or immediately before presenting information to the Hearing Committee. The complainant and the respondent may offer any relevant information and call any witnesses who have relevant information about the grievance, provided that such witnesses were listed in the complainant’s grievance petition or in the respondent’s response. If there are any additional witnesses that the complainant and respondent wish to call at the hearing that were not named in the grievance petition or response, their names must be submitted to the Hearing Committee by the party wishing to call the witnesses at least 72 hours before the hearing. The Hearing Committee shall decide whether or not such witnesses may appear at the hearing, and shall provide notice to the complainant and the respondent of any additional persons who will be permitted to appear.
The Hearing Committee may limit the number of witnesses that the complainant and the respondent may call to participate in the hearing, if the witnesses would duplicate the testimony of previous witnesses, or if the Committee deems the witness testimony to be not relevant to the grievance. The complainant, either directly or though the advisor, may question each person making a statement. The respondent, either directly or though the advisor, may question each person making a statement. The complainant, either directly or though the advisor, may make a final argument. The respondent, either directly or though the advisor, may make a final argument. Members of the Hearing Committee may raise any questions at any point they deem appropriate during or at the conclusion of the hearing. After all information has been submitted, the Hearing Committee shall deliberate in executive session to evaluate the merits of the grievance and to draft its report and recommendations. Prior to submitting its report and recommendations, the Hearing Committee shall attempt to conciliate the grievance by suggesting a resolution to both parties. If the parties mutually agree to resolve the grievance, the terms of such agreement shall be made part of the record, and the grievance process shall terminate.
If the parties are unable to reach a mutually agreeable resolution, the Hearing Committee shall If the respondent is the President, the Hearing Committee shall submit its report to the Chair of the Board of Trustees. The report of the Hearing Committee shall include a brief summary of the petition, the response, and the information presented at the hearing, and shall describe any attempts at conciliating the grievance. The report shall recommend specific action(s) to be taken to resolve the grievance, which may include dismissing the grievance. The President may accept and implement the recommendations of the Hearing Committee, seek further information and clarification from the Hearing Committee, or implement another resolution. The President must take action within ten (10) working days of receipt of the report. The President shall notify the complainant, the respondent, and the Chair of the Hearing Committee in writing of the action taken. The decision of the President shall be final and binding on all parties. If the respondent is the President, the above actions shall be taken by the Chair of the Board of Trustees. A copy of the Hearing Committee’s report, the record of the Hearing Committee proceedings, and the written decision of the President (or Board Chair) (the “Hearing Documents”) shall be forwarded to the Assistant Vice President for Human Resources. Human Resources shall keep the Hearing Documents for three years. After three years of storage, the Hearing Documents shall be destroyed. The Hearing Documents shall not be made part of the personnel file of either party to the grievance.
Back to Top Grievance Panel The Grievance panel shall consist of twelve (12) elected members. Three shall be administrators, three shall be tenured or tenure-track faculty members, three shall be members of the staff, and three shall be students. The terms of members who are administrators, staff, and faculty members shall be three years and shall be staggered so that one member from each such group is elected each year. Student members shall serve for terms of one year. Any member may be re-elected for one or more successive terms. If a member of the Grievance Panel is studying or teaching off-campus (e.g., semester abroad) or is on a leave of absence, that seat becomes vacant. A vacancy also occurs if a student member graduates or withdraws from Loyola or if an employee member terminates employment with the College. If a seat becomes vacant, there shall be a special election to complete the unexpired part of the term. The election of the Grievance Panel shall be conducted as follows:2 The regular election of members shall be held in the spring of each year and shall be completed by April 1. Only current members of each group, i.e., administrators, faculty, staff, or students, may vote for candidates for the Grievance Panel from their group. A candidate who qualifies with more than one group shall be identified as a candidate from one group, and may vote with the group only. Each group shall establish procedures for conducting its election and for notifying the Chair of the Grievance Panel of the election results no later than April 1. The terms of newly elected members shall begin on May 1 of the year of their election. Between April 1 and May 1 the new Grievance panel shall be convened for the purpose of electing a Chair from among its members by majority vote of all the panel members. For this purpose, at least one panel member elected by each of the four groups (administrators, faculty, staff, and students) shall be present in order to constitute a quorum. The term of the Chair is one year. In May of each year, the Grievance Panel shall submit to the Loyola Conference a report summarizing (without any identifying information) the number and nature of grievances reviewed during the preceding academic year, along with any suggestions for improving the Grievance Policy and Hearing Procedures.
At the initial elections to the Grievance Panel, three members from each group shall be elected. For administrators, staff and faculty members, one of the three shall be elected for a one-year term, one for two years, and one for a three-year term. The Chair of the Loyola Conference shall call the initial meeting of the members of the Grievance Panel for the purpose of electing the first Chair. Back to Top Committee The Hearing Committee is composed of three members selected from the current Grievance Panel. The complainant and respondent each select one member of the Grievance Panel to serve on the Hearing Committee (unless Section 6.9 becomes operative) and the Chair of the Grievance Panel appoints the Chair of the Hearing Committee from among the remaining members of the Grievance Panel. When a Hearing Committee has been constituted to hear a grievance, that Hearing Committee shall complete the process. The expiration of the term of one or more members shall not preclude their continued participation on the Hearing Committee.
Back to Top Amendment The Loyola Conference shall consult with the Grievance Panel regarding any proposed amendments to the Grievance Policy and Hearing Procedures Amendments shall be made by the same process by which the Grievance Policy and Hearing Procedures were originally established. Members of the Loyola College community are encouraged to make known to the members of the Grievance Panel their suggestions and opinions regarding proposed amendments, alterations and changes to the Grievance Policy and Hearing Procedures.
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