Pending Amendment from FY2021 and FY2022


Carry Forward from FY2021-FY2022

​Revised and Revised by FacEx: February 9, 2021

·         SenEx discussed January 19, 2021, and referred to FRPR for review

·         FRPR approved the amendment as presented, February 22, 2021

·         SenEx Agenda March 2, 2021: Approved March 2, 2021, to forward to University Senate

·         Emailed to Faculty, Staff, and Students, March 4, 2021

·         Discussed: University Senate, March 11, 2021

·         Voted: University Senate, March 25, 2021

·         Out for 21 Day review March 29, 2021

·         Sent to Provost, April 19, 2021

 

 

Revision and Rationale of amendment:

FSRR 7.3.1 currently requires appeals of administrative actions to be “submitted and received by the Faculty Rights Board within fourteen days of the administrative action being appealed.”

It is unrealistic or disingenuous to believe that the average faculty member will be able to produce a proper appeal within 14 days from the administrative action. Accordingly, FRPR recommends that FacEx propose extending that time period to thirty (30) days, appeals alleging that an administrative action violates faculty rights. This does not apply to appeals of promotion and tenure, which are governed by “Procedures for Appeals to the Faculty Rights Board for Tenure and promotions Decisions, , or non- reappointment prior to tenure, which are governed by Article VI. Section 4, of the Faculty Senate Rules and Regulations. Dismissal of tenured faculty are governed Dismissal of a Tenured Faculty Member.

Changes are indicate in bold and strikeout.

FSRR Article VII.

Section 3. Faculty Rights Board

 

7.3.1 Jurisdiction. The Faculty Rights Board shall have jurisdiction as provided in Article XIII, section 3, ofthe University Senate Code to consider disputes brought by faculty members alleging that an administrative action violates faculty rights as enumerated in Article III of the Code of Faculty Rights,Responsibilities and Conduct. Such a dispute shall be in writing and must be submitted and received by the Faculty Rights Board within fourteenthirty days of the administrative action being appealed. The timing to file an appeal from non-reappointment prior to tenure shall be governed by Article VI. Section 4, of the Faculty Senate Rules and Regulations. Appeals from denial of promotion and tenure shall not be subject to these provisions but instead shall be governed by Article VI, section 8 of the Faculty Senate

 

Rules and Regulations. The Board shall provide for timely disposition of disputes, although it may also provide for deadline extensions in particular cases for good cause.

 

Update to Faculty Rights Board Procedures B. Time Limit

Generally, the complainant must file the written statement with the University Governance Office within fourteen (14)thirty (30) days of the administrative action that is the subject of the dispute.  (FSRR 7.3.1.) The Chair may extend these times limits upon the request of the complainant if the Chair determines a valid basis for the extension (FSRR 7.3.1). However, a different time limit applies for disputes of administrative actions involving sexual harassment of a student by a faculty member. In such cases, the United States Department of Education Office of Civil Rights has mandated that universities must fully resolve such complaints timely not to exceed sixty (60) days of first learning of the allegation(s) absent compelling circumstances. Accordingly, in such cases a faculty member’s dispute must be received within seven (7) days of the administrative action being disputed.

In appeals from notice of non-reappointment, the complainant must file the appeal with the University Governance Office within fourteen (14) days of receiving the notification. The Board’s recommendation on any such appeal shall be forwarded to the Chancellor no later than April 30 each year.