Chapter 27

ADMINISTRATIVE AND CONCILIATORY PROCEEDINGS FOR THE RESOLUTION OF DIFFERENCES

This chapter describes the informal proceedings available for the resolution of differences as described in 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 Section 28-35. Should the faculty member choose to engage in administrative and/or conciliatory proceedings prior to seeking adjudication, time limits provided in 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.

Section 27-31. Administrative Proceedings

The faculty member may first discuss the issue about which he or she is concerned with the appropriate department chairperson and, if the faculty member so wishes, the academic dean. The matter may be concluded by mutual consent at this point.

Section 27-41. Conciliatory Proceedings

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 Ombudsman 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 Chapter 28.

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 not more than six conciliation officers who shall serve three-year staggered terms commencing on September 16.
3. Conciliation officers shall be selected by the President from a list of names equal to twice the number of vacancies, 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 Committee.
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 Ombudsman but shall be limited in their activity to disagreements arising among faculty members or between individual faculty members and the University administration.
6. The Ombudsman, 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 Ombudsman 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 proceedings.

E. Either party may decide to end conciliatory proceedings at any time. Ordinarily, the conciliation effort shall conclude within sixty 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 Ombudsman 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 Ombudsman 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.

Section 27-42. Conciliation Board

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 Ombudsman 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.