Faculty Dispute Resolution and Faculty Discipline

A dispute may arise when an administrative decision, action, or inaction affects a faculty member’s terms, conditions, or course of employment, and the faculty member wishes to contest that decision. The Faculty Code provides options for faculty to address such “grievances” as follows:

Faculty and administrators are encouraged to utilize alternative dispute resolution options to attempt to resolve the dispute directly without resorting to more formal adjudicative proceedings.  Such options are described in Chapter 27, “Administrative and Conciliatory Proceedings for the Resolution of Differences” and, also, the Office of the Ombud provides dispute resolution services, including mediation and facilitations. For more information and consultation about these options, contact the Office of the Ombud.

Whether or not faculty attempt alternative dispute resolution, faculty may file a petition for an adjudicative proceeding under Chapter 28, “Adjudicative Proceedings for the Resolution of Differences.” Faculty are encouraged to contact the Secretary of the Faculty for information about the adjudication process prior to filing a petition. Faculty who wish to file a petition must follow the filing procedures linked below.

• Adjudication filing procedures
• Notice of request for adjudication
• Adjudication timeline

When a faculty member is alleged to have violated a rule or regulation of the University, its schools, colleges, or departments, the process for taking action is prescribed by the Faculty Code.

The overall process is described in Chapter 25, Section 25-71, “Standard of Conduct,” and faculty members should read that Section carefully. Roughly speaking, that Section requires notice to the faculty member, an attempt at a local solution, and an investigation. The Section also notes that the Ombud office is available if local attempts at resolution are unsuccessful. Serious sanctions can be implemented only after a formal adjudication filed by the Provost in accordance with Chapter 28, “Adjudicative Proceedings for the Resolution of Differences.” Current practice allows non-serious sanctions to be implemented without further formal process by the Dean at the local level.

Faculty who have received notice of an alleged violation under Section 25-71 or notice of a petition to initiate an adjudication under Chapter 28 are encouraged to contact the Secretary of the Faculty for more information.

Notice Regarding Impact of 2020 Education Department Federal Regulations:

In compliance with the recent federal regulations implementing Title IX of the Education Amendments of 1972, 34 CFR Part 106, the University published Executive Order No. 70, “Compliance with Education Department Sexual Harassment Regulations” (EO No. 70). In addition to other requirements, the Education Department’s federal regulations define prohibited conduct and set forth grievance procedures for “formal complaints” of such conduct. To address those “formal complaints,” the University will incorporate the procedures set forth in EO No. 70 into applicable University processes, including the Faculty Code. Where there are conflicts with the process outlined above, the procedures in EO No. 70 will control.

For more information about how the University will proceed if a faculty member is alleged to have engaged in a violation of EO No. 70, see Executive Order No. 70 and the Faculty Code.

Faculty may also wish to seek assistance with other conflicts with faculty colleagues that arise when that colleague is not acting on behalf of administration, such as interpersonal conflicts, or to address conflicts with others, including staff or students. Faculty are encouraged to explore the alternative dispute resolution options under Chapter 27, “Administrative and Conciliatory Proceedings for the Resolution of Differences” and, also, the Office of the Ombud provides dispute resolution services, including mediation and facilitations. Faculty administrators who wish to support efforts toward resolving such conflicts may also refer faculty to these resolution options. For more information and consultation about these options, contact the Office of the Ombud.