Professional ethics require that problems arising out of administrative decisions or actions affecting the academic standing or conditions of employment of members of the faculty be reviewed and resolved in a fair, efficient, and equitable manner.
The Faculty Grievance Procedure is intended to provide an effective process for the review and equitable resolution of contentions by a faculty member that an administrative decision or action affecting the faculty member has not been made in substantial compliance with established University criteria or procedures; that there is no reasonable basis for the decision or action; or that the decision or action was based upon criteria that are unlawful under the state or federal constitution, laws, or court decision. Only faculty with the rank of Regental Professor, Professor, Associate Professor, Assistant Professor, or Instructor are entitled to present a grievance pursuant to this procedure.
The following administrative decisions or actions are subject to review pursuant to the Faculty Grievance Procedure:
a reduction in rank;
the denial or withdrawal of a University benefit or privilege;
assignment or reassignment of duties;
withdrawal or reassignment of the use of University facilities, equipment, or support staff;
evaluations of a faculty member's professional performance made by a faculty member, faculty committee or administrator acting pursuant to University policy or procedures;
an appeal permitted by Paragraph G of Subchapter ADM Chapter 6-1300 of the Handbook of Operating Procedures of the University.
The Faculty Grievance Procedure does not apply to:
Adverse actions or decisions that result from procedures provided for in The University of Texas System Regents' Rules and Regulations Rule 31003, except as provided in Paragraph C.7 above;
Decisions that are reviewable pursuant to The University of Texas System Regents' Rules and Regulations, Rule 31008; or
Actions or decisions described in Paragraph C. that are reviewable pursuant to procedures provided by the University's Handbook of Operating Procedures or the Rules and Regulations of the Board of Regents of The University of Texas System.
Resort to the Faculty Grievance Procedure is a serious matter. It is the responsibility of all parties to attempt to resolve grievable complaints quickly and at the lowest possible level. A faculty member who believes that he or she has a grievance under this procedure should discuss the matter with the Chair of the Equity Committee of the Faculty Senate. This discussion is not a prerequisite to either the informal consultation or the formal grievance process, but is intended to help the faculty member understand the procedures that must be followed and whether the subject matter of the complaint may be covered by the Faculty Grievance Procedure.
A faculty member has the right of self-representation at any step in the Faculty Grievance Procedure, and may choose to present a grievance through legal counsel or personal representative during the formal stage of the procedure. If, and only if, the faculty member is represented by legal counsel at the formal hearing stage of the procedure may the University administrator be represented by legal counsel from the Office of General Counsel of The University of Texas System at the hearing.
A faculty member shall not be penalized for filing a grievance unless it is determined that the grievance has been filed in bad faith and with malice.