Section I

1.1 WHEREAS, the transition to a new Board of Trustees for the University under the law popularly known as Senate Bill 270 of 2013 removed the State Board of Higher Education as a future source of policies for the University of Oregon; and

1.2 WHEREAS, a number of policies adopted by the State Board of Higher Education in the past involve academic matters as commonly understood in higher education, including those that assure due process for grievances and appeals by officers of administration and faculty; and

1.3 WHEREAS, Section 170 (8) of Senate Bill 270 provides:

(8) Notwithstanding any other provision of this section, the lawfully adopted rules and policies of the State Board of Higher Education pertaining to a university with a governing board that are in effect on the effective date of this 2013 Act continue in effect until lawfully superseded or repealed by the standards or policies of the governing board or the university [emphasis added]; and

1.4 WHEREAS, members of the faculty and Officers of Administration require clear and consistent policy procedures to address applicable grievances and appeal processes;

1.5 WHEREAS, the compilation of “571 rules” and “580 rules” listed that provide, as applicable,adequate and necessary grievance and appeal processes for Officers of Administration and faculty not otherwise represented through a collective bargaining agreement; and

1.6 WHEREAS, the “571” and “580” rules listed in Section II below are unclear and at times inconsistent,

Section II

2.1 BE IT MOVED that the following 11 “571 rules” (contained withinhttp://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20571%20-%20Division%203.pdf) have been reviewed by the Senate and are hereby endorsed by the University Senate, and the President is requested to record this endorsement in an appropriate place in the Policy Library, both online and in other files:

24   OAR   571-003-0000   Grievance Procedures
	
Introduction

25   OAR   571-003-0001   Faculty Grievance Procedures   Faculty Grievance Procedure Definitions

26   OAR   571-003-0003   Faculty Grievance Procedures   Faculty Grievance Process Digest

27   OAR   571-003-0004   Faculty Grievance Procedures   Faculty Informal Grievance Procedure

28   OAR   571-003-0005   Faculty Grievance Procedures   Faculty Formal Grievance Procedure

29   OAR   571-003-0006   Faculty Grievance Procedures   Student-Faculty Committee on Grievances

30  OAR   571-003-0007   Faculty Grievance Procedures   Composition of Faculty Grievance Appeal Committees

31   OAR   571-003-0015   Faculty Grievance Procedures   Appeal of Failure to Grant Promotion or Tenure When Such Decision Results in Terminal Notice

32   OAR   571-003-0016   Faculty Grievance Procedures   Appeal of Non-Terminal Denial of Promotion or Tenure

33   OAR   571-003-0017   Faculty Grievance Procedures   Non-Renewal of a Fixed-Term or Annual Appointment

35   OAR   571-003-0025   Faculty Grievance Procedures   Prohibited Discrimination, Discriminatory Harassment and Sexual Harassment

2.2 BE IT FURTHER MOVED that the following “580 rules”  (contained at http://policies.uoregon.edu/sites/policies.uoregon.edu/files/uploads/OAR%20580%20-%20Division%2021.pdf) have been reviewed by the Senate and are hereby endorsed by the University Senate, and the President is requested to record this endorsement in an appropriate place in the Policy Library, both online and in other files:

282  OAR  580-021-0050  Conditions of Service  Grievance Procedures

283  OAR  580-021-0055  Conditions of Service  Appeal of Grievance Decisions

2.3 BE IT FURTHER MOVED that the University Senate establish a workgroup on “Grievance and Appeal Policies” composed of:

one statutory faculty member from the Senate, one Officer of Administration from the Senate, one additional faculty member, one additional OA, one member from the PAC, and one administrative representative from the Office of Human Resources.

2.4 BE IT FURTHER MOVED that the University Senate charges the workgroup on Grievance and Appeal Policies to:

a) review the OARs listed above and identify all of the necessary criteria for grievance procedures and appeal processes as they pertain to coverage for all Officers of Administration and faculty not otherwise represented;

b) consult with the Senate Equity, Diversity and Inclusion Advisory Committee to incorporate any recommended revisions to the following:

35  OAR  571-003-0025  Faculty Grievance Procedures
	
Prohibited Discrimination, Discriminatory Harassment and Sexual Harassment

c) propose a revision and consolidation plan to the University Senate by March 11, 2015. The workgroup may determine that some of the policies are best retained in their current form as stand-alone policies while others may require extensive modification and consolidation. This report to the Senate should clarify plans for policy development and adoption;

d) draft revisions into a group of policies that assure grievance procedures and appeal processes are available for all OAs and all non-represented faculty.

e) Present draft policies to Senate by April 29, 2015.