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Appeals, Grievances & Hearings

a.  Statutory Grievance Process

Any faculty member may initiate a grievance pursuant to WV Code 29-6A-1, et seq, for resolution of work-related disputes excepting pension or insurance matters.  The statutory process requires initiation of the grievance within 10 workdays of the occurrence or action giving rise to the grievance.  Details and forms are available at the Office of Human Resources.

B.  Internal Grievance Process

The following University procedures are available for all faculty grievances not related to dismissal, termination, nonretention and denial of promotion.  This faculty grievance recourse is a systematic method whereby individual faculty grievances can be reasonably presented and reviewed, and action taken related thereto.  Grievance action shall be resolved at the earliest possible stage.  This process is an alternative to the Statutory Grievance process and is not used if the employee elects to pursue a statutory grievance process.

Level One:  The faculty member will first seek a resolution of the grievance through informal discussion with the Department Chair.  If informal discussion does not lead to resolution then the faculty member shall seek a formal resolution by conveying in writing to the College Dean the grievance and the remedy sought.  Within fifteen (15) working days of receiving the written grievance the College Dean, after appropriate consultation with all involved parties, including the faculty member and the Department Chair, will respond in writing to the grievant.

Level Two:  If not satisfied with the resolution at level one, the faculty member shall forward a copy of the grievance, within fifteen (15) working days, to the Provost.  The faculty member shall notify the Chair and College Dean, in writing, that this step has been taken.

Within fifteen (15) working days of having received notice from the faculty member that the grievance is being taken to level two, the Dean shall submit a written report concerning the disposition of the grievance at level one to the Provost.  Within fifteen (15) working days of receipt of the report from the Dean, the Provost shall render a decision in writing. Copies of the Provost’s decision shall be provided to the faculty member and the Dean.  In no case shall informal discussion or attempts at informal resolution of the grievance be precluded at level two.

 

Level Three:  If not satisfied with the resolution at the Vice President’s level, then the faculty member should forward to the President a copy of the grievance, along with the response of the Provost, and supporting documents.

In reaching a decision, the President may hold a meeting of the concerned parties and/or may refer the issue to an appropriate committee for its recommendation.  The President shall notify the grievant of the decision within fifteen (15) working days of receipt of the recommendation of the committee, or of the receipt of the appeal at level three, whichever is longer.

If the aggrieved faculty member is a department chair, then the appeal would be initiated at level two.

If there is substantial evidence that the grievance is the result of action taken solely by the President, and that the President therefore cannot remain disinterested or objective in the final resolution of the issue, if evidence of injury is provided, and if a remedy is feasible, then a faculty member may so state in a petition to the Chair of the Board of Governors requesting that the issue should be addressed by him or her.