Dispute Resolution Procedures

Purpose

Consideration of claims of unfair treatment or procedures, or of alleged discrimination because of race, color, religion, national origin, sex, age, physical or mental handicaps, disability, or veteran's status under procedures established by The University of Georgia Dispute Resolution Policy.

Matters pertaining to sexual harassment are to be considered under the University's Sexual Harassment Policy.

Matters pertaining to promotion and tenure are to be appealed according to procedures contained in The University of Georgia Guidelines for Appointment, Promotion and Tenure.

Other processes are available for appealing decisions involving Graduate Faculty appointment or reappointment and issues concerning pay.

Disputes can be considered at the University level via the University of Georgia Dispute Resolution Policy. The University of Georgia Dispute Resolution Policy indicates that formal procedures at the University level will NOT be available to a student or employee who has chosen to seek relief through a department, school, or unit's internal dispute procedure unless such a procedure failed to provide a fair and impartial hearing and an adequate mechanism for appeal or review. This does not negate the opportunity to seek dispute resolution directly at the University level.

Composition

The Committee will be composed of three tenured faculty members, with two additional tenured faculty members as alternates. Two of the three faculty members elected to the committee must hold the rank of Professor. The rank of Professor must be held by one alternate and the rank of Associate Professor by the other alternate. The faculty in the College elects members and alternates. Three members of the Committee must be present for a meeting.

Operating Procedures

Upon call of its incumbent chairperson, the Committee shall meet soon after the election of new members to elect a chairperson from among members of the next academic year's committee. The chairperson must hold the rank of Professor. The committee operates under the following guidelines:

Neither the Committee nor any of its review panels will conduct business at any time except during working days of the academic year. Business begun one academic year and not finished then will be carried over to the following academic year.

Responsibilities

Hold meetings as the need arises. Neither the Committee nor its review panels, however, will meet during the summer months.
Maintain strict confidence on all cases before the Committee.
Submit a report each semester to the Faculty Senate of the number and general nature of cases under consideration and the disposition of cases in which action, including any appeals, is final.
Bring to the floor of the Faculty Senate suggestions and a rationale for changes in the Purpose, Composition, or Operating Policies and Procedures of the Committee.

Dispute Resolution Process

Step 1. Initial Procedures

Before a grievance may be received by the Committee; the involved parties must attempt to reach a settlement at the departmental level or other administrative level of origin. This effort normally should take not more than 10 working days.
If the grievance is not resolved at the departmental or other originating administrative level, either party may request a review by the Associate Dean for Academic Affairs or other relevant higher administrative unit. After promptly reviewing the case, the Associate Dean will attempt to arrive at a settlement that satisfies the parties involved.
If a settlement is not arrived at, the Associate Dean or other administrator shall meet with the parties involved together or separately in an informal last attempt to find a way of settling the matter. If the matter is not resolved, the administrator will determine if both parties are willing to undergo formal mediation provided by the University.
Mediation is a process that helps people resolve disputes for themselves in a mutually acceptable way in which everyone involved in the dispute meets with one or more trained mediators. In a private setting, the mediator provides an orderly, simple process for the parties to discuss their dispute along with their feelings, perceptions and needs. The goal is to begin communication and move towards resolving the dispute in a manner agreeable to all.
The Mediation Coordinator at the University-level may be contacted at any point during the dispute resolution process to discuss mediation. Mediation can be pursued independently of these procedures, and offers a number of ways for parties to seek to resolve a dispute. The Mediation Coordinator will apprise the parties of the available methods, and will be available to provide guidance and assistance to any person with a question or concern about these procedures or any other dispute resolution mechanism. Mediation is voluntary, and no party will be required to participate in that process.
If the Associate Dean for Academic Affairs or other administrator is not successful at helping the parties arrive at a settlement, the administrator or either party may submit to the Committee a request for review. This request for review must be in writing and must include a specific statement of grievance. During the academic year, this request should be made within 10 working days after termination at the school or other appropriate higher administrative level. The Chairperson of the Committee will inform the Dean's office of all requests for review submitted to the Committee.

Step 2. Informal Procedures

Within 10 working days of receiving a written request for a review, the Committee shall meet and decide if the grievance falls within its purview. If so, it then will decide what information and documents are needed to initiate deliberation; and it may require the complainant and the other party to supply any needed information or documents that is in their possession.
After consideration of the received material, the Chairperson, or a member of the Committee delegated by the Chair, shall meet with the parties involved together or separately in an informal last attempt to find a way of settling the matter.
If, after this consultation and the pursuit of recommended means for resolving the grievance, either party desires to proceed further, the Committee shall initiate a formal procedure upon that party's written request for such procedure.

Step 3. Formal Procedures

Within 10 working days of receipt of a written request for formal procedures, the COE Dispute Resolution Committee will decide if it has jurisdiction over the dispute. If not, the disputing parties will be so notified in writing. If the COE Dispute Resolution Committee does have jurisdiction, its chairperson shall meet with and present to both parties a list of potential members of a review panel. The list, which shall exclude the Dean and his/her staff, Department Heads and members of the complainant's department, shall consist of 12 randomly chosen College of Education tenured faculty members. The random selections of potential panel members shall be done from updated listings of College of Education faculty members. The Dean's office shall supply these listings.
The complainant and the other party shall then strike names, alternatively and one at a time, until only four names remain. The complaint shall be the first to strike. The striking of the names shall be done in the presence of the Committee chairperson or delegate. The last four names struck from the list will be retained as alternates. Panelists selected are expected to serve.
Before the selected panel members meet, the Committee chairperson shall appoint a member of the Committee to act as chairperson of the review panel. That person shall have the tie-breaking vote on the panel. Committee members who belong to the complainant's department are not eligible for that position.
Upon appointment, the chairperson of the review panel shall notify the parties to the dispute that they may request an appearance before the panel. The chairperson will also notify each party involved in the dispute that relevant material must be made available to the panel in a timely manner. No later than 10 working days after the establishment of the review panel, the chairperson of the panel shall convene it. At that meeting, the panel may proceed in one or more of the following ways:
1. If neither party requests an appearance before the first meeting of the panel, the panel may come to a decision on the complaint. In that case, a written report of the decision and its justification will be prepared by the panel and transmitted to the Committee.
2. The panel may request further information and/or documentation before it debates.
3. The panel may request personal appearance of the principal parties or other persons. The hearing or hearings will be held as soon as possible and the panel's decision and justification will be reported to the Committee in writing. While counsel outside the University is not allowed at the hearing(s), UGA law faculty is. The hearing(s) will be recorded verbatim, and each party will be provided an opportunity for rebuttal. The business of the review panel, including the preparation of a written report, should be concluded in an expeditious way. Minority reports may be submitted.
The Committee shall review the report of each review panel for clarity and ultimately forward it to the complainant and Dean. If necessary, the Committee may return the report to the review panel with request for clarification.
The Dean will review the report and render a final decision for the College of Education to resolve the dispute. The Committee's report is to be accorded due consideration by the Dean with the understanding that a final decision opposite that of the Committee's report must be strongly defended in writing. Either party to the dispute, finding the Dean's decision unacceptable, can appeal to the University within its Dispute Resolution Policy.