Grievances

What kinds of grievances can be filed under the AAUP contract?
 

There are two types of grievances, Type A and Type B. Type A grievances concern reappointment, tenure, and promotion decisions. Type B grievances concern alleged violations of any provision of the contract except reappointment tenure, and promotion. (For more details on the process of filing grievances, see Articles 8.3 and 8.4.)

If I am refused reappointment, tenure, or promotion, can I ask for reconsideration or file a grievance? 

Under Article 7.4.8, a faculty member is entitled to reconsideration at the first level at which there is a negative recommendation. If a second negative recommendation appears in the process, a faculty member can ask for reconsideration, but is not entitled to it. 

Article 8.3 of the AAUP/UC contract outlines the procedure for filing a grievance regarding denial of reappointment, promotion, or tenure. A grievance cannot be filed to protest a negative recommendation for reappointment, promotion or tenure that is based on an RPT committee or administrator’s substantive assessment of the merit (or lack of merit) of the candidate and his/her dossier. 

A grievance can be filed under Article 8.3 to protest a negative recommendation that involves: (1) a significant violation of academic freedom; (2) an improper application of established unit-level RPT criteria; or, (3) a discriminatory application of established unit-level RPT criteria. In addition, a grievance can be filed under Article 8.3 to protest a negative tenure, reappointment, or promotion recommendation by a Provost that: (1) follows positive recommendations by the academic unit, the college or library jurisdiction, and the Dean or administrator; and, (2) is arbitrary and capricious.

Under what circumstances can tenured faculty, or un-tenured faculty currently under contract, have their employment terminated? 

Article 9 of the AAUP/UC contract outlines the investigatory and other procedures used to deal with accusations of a faculty member’s “violation of this Agreement or of the University’s rules or standards of professional conduct including consistent failure to fulfill responsibilities to the academic unit.” 

Article 9.1 provides that “the University subscribes to the principles of progressive discipline except when summary action is necessary and appropriate.” 

Article 9.2 outlines the procedure under which the University may dismiss a faculty member for adequate cause. “Adequate case is a reason related directly and substantially to the processional fitness of the Faculty Member and includes serious professional misconduct, gross neglect of professional duties, incompetence, or moral turpitude.” 

A faculty member who is notified of the charges and potential dismissal under Article 9 has 10 days to file a grievance demanding a hearing before the University Faculty Grievance Committee pursuant to Article 8.4.

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