This chapter describes the informal proceedings available for the resolution of differences as described in Chapter 25, Section 25-62. The proceedings set forth in this chapter are permissive, not mandatory. A faculty member may instead initiate a request for adjudicative proceedings, keeping in mind the time limits of Chapter 28, Section 28-35. Should the faculty member choose to engage in administrative and/or conciliatory proceedings prior to seeking adjudication, time limits provided in Chapter 28, Section 28-35 shall be extended for the period required for completion of such proceedings. Administrative and conciliatory proceedings are always available, with no time limits.
The faculty member may first discuss the issue about which he or she is concerned with the appropriate department chair and, if the faculty member so wishes, the academic dean. The matter may be concluded by mutual consent at this point.
|A.||If the process of resolution by mutual consent under
Section 27-31 does not take place or fails, the faculty member
or the dean may request the assistance of a conciliation officer as a neutral third
party by applying to the University Ombud for the assignment of a conciliation
officer. Conciliatory proceedings aim at resolving problems by informal means without
resorting to the more formal adjudicative proceedings provided in
|1.||Conciliation officers shall be tenured members of the faculty,
associate and full professors without tenure for reasons of funding, or emeritus faculty
who are familiar with procedures and opportunities for the resolution of disputes or
complaints involving faculty members.
|2.||There shall be no fewer than six conciliation officers who shall serve
|3.||Conciliation officers shall be selected by the President from a list of names
exceeding the number of positions to be filled, prepared, and approved by the Senate
Executive Committee. Vacancies for the remainder of unexpired terms shall be filled
according to this same procedure. Conciliation officers may be reappointed to
successive terms by mutual consent of the President and the Senate Executive
|4.||Any conciliation officer may be removed during his or her term of office by
concurrent decision of the President and the Senate Executive Committee.
|5.||Conciliation officers shall be attached to the Office of the University Ombud
but shall be limited in their activity to disagreements arising among faculty members
or between individual faculty members and the University administration.
|6.||The University Ombud, who may consult with the other members
of the Conciliation Board (Section 27-42), shall determine
which conciliation officer shall be assigned to a case, and shall inform the Secretary
of the Faculty of appointments made. No conciliation officer shall be assigned to a
case arising within his or her own school or college.
|B.||The assigned conciliation officer is authorized to investigate the
matter, to examine and collect documents and other information, and to discuss the
issues with both sides with a view to achieving a mutually agreeable resolution.
In discussions with the conciliation officers, only the parties may participate.
|C.||The assigned conciliation officer shall act as an intermediary.
Although free to advise and assist the parties to the dispute in analyzing the
situation and in crystallizing the issues, the officer does not serve as a
representative or counsel for any party.
|D.||Statements and information divulged in the course of the conciliatory
proceedings shall be privileged and confidential. They may be shared by the
conciliation officer only in the course of consultation with the University Ombud and the
Conciliation Board. They shall not be used for impeachment purposes nor shall they
be discoverable or subject to subpoena or disclosed to anyone else, including the
Hearing Committee conducting a subsequent adjudicative hearing, or the other parties
involved, or in any other adjudicative or judicial proceeding, without the written
permission of the individual who divulged the original information. All materials
shall be returned to the appropriate parties at the conclusion of the conciliatory
|E.||Either party may decide to end conciliatory proceedings at any
time. Ordinarily, the conciliation effort shall conclude within 60 days of
the request for conciliation. The Secretary of the Faculty shall keep the parties
informed of these time limits. Upon completion or breaking off of the proceedings,
the conciliation officer shall take one of two possible actions:
|1.||If a voluntary disposition was achieved, its results and terms shall be given
in writing to the parties to the conciliation and filed with the University Ombud and the
Secretary of the Faculty.
|2.||If a voluntary disposition was not achieved, the officer shall notify the
parties that the conciliatory proceedings have ended and that adjudicative
proceedings may be available, as described in Chapter 28.
The faculty member may seek advice from the University Ombud about these procedures.
|F.||At the termination of a conciliation proceeding, the conciliation officer shall report to the Conciliation Board the general nature of the dispute and whether a mutually agreeable resolution was or was not achieved.|
S-A 120, June 4, 2009 with Presidential approval; RC, March 3, 2013.
|A.||In attempts to achieve conciliation of differences
(Section 27-41), the conciliation officer assigned to a case
shall have the assistance and advice of a Conciliation Board, consisting of the
University Ombud and the other conciliation officers.
|B.||The Conciliation Board shall:
|1.||Advise or assist the conciliation officer, at his or her request,
on conciliation efforts in which he or she is engaged; and
|2.||Report annually to the President and the Senate Executive Committee as to observed patterns of disputes which have occurred, together with any recommendations to be studied by the appropriate faculty council for legislative consideration.|
S-A 73, May 24, 1985; S-A 78, December 14, 1988: both with Presidential approval.