3.11 | Faculty Dispute Resolution Procedures

A. Purpose
This section shall also be known as the Code of Faculty Rights, Responsibilities, and Conduct. This code is based on the premise that both administrators and faculty share responsibility to create a climate suitable for effective teaching and learning, scholarship, and community service. Except as otherwise specified by law or government regulation, no policy or action by the University or its faculty and staff may violate the rights, responsibilities, and standards of conduct established by this Code. Substantive changes to this Code will be made only after approval by the Vice Rector of Academic Affairs and the University Senate, subject to the authority of the Office of the President.

B. Scope
This code is applied to administrators and all faculty members at Sampoerna University.

C. Policy Statement

1. The University has established an adjudication process to address disputes through formal clarification and evaluation of the issues surrounding the complaint. Adjudication is used when informal discussions regarding the dispute fail to resolve the complaint.
2. A “complaint” is any action or decision that a faculty member (or administrator with faculty status) feels has adversely affected his or her professional capacity as an SU employee that appears to have occurred or been decided unfairly, improperly, or in violation of University policy or has caused a hostile or intolerable work condition. A complaint will be considered a grievance when the Faculty Adjudication Committee agrees to accept the complaint as a grievance and begins committee activities related to the complaint. Misapplications of University policies, but not dissatisfaction with existing University policies, may be considered as grievances. Violations of academic freedom, negative evaluations not based on objective criteria, continuing intolerable conditions, and continuing behavior or conduct unbecoming a faculty member may be considered as grievances.
3. If the Faculty Adjudication Committee agrees to hear a grievance, it will hear the complaint of faculty members regarding decisions that are believed to be due to inappropriately applied policies and procedures or allegations of other unfair treatment. The Faculty Adjudication Committee will advise administrators on redress and alterations of decisions when it determines that prior judgments have been made unfairly or with such bad practice and negligence as to be improper and invalid. The Faculty Adjudication Committee should, to the extent possible, seek to bring about a settlement among the involved parties with or without a formal investigation of the situation.
4. If an amicable resolution is not possible, the Committee will hold hearings and investigate the matter according to processes established by the Committee. Within five (5) days of the conclusion of the Committee’s investigation into a matter, the Chair will provide, in writing, the findings of the Committee to the Vice Rector of Academic Affairs and the Chair of the University Senate. The findings should be reported in accordance with University policy, including policies related to individual privacy.
5. Within five (5) days of receiving the Committee’s recommendations, the Vice Rector of Academic Affairs will:
   • Accept the recommendations of the Committee and redress the grievance of the faculty member.
   • Accept portions of the recommendations of the Committee and reject others, providing a written explanation to the Chair of the Committee and the Faculty member; or
   • Return the recommendation to the Chair of the Committee with a request for clarification or more information.
6. If the recommendation is returned to the Chair for clarification, the Chair of the Committee will meet with the Committee and provide a written response to the Vice Rector of Academic Affairs providing clarification within ten (10) business days.
7. Upon receiving clarification, the Vice Rector of Academic Affairs has five (5) business days to address the complaint by accepting all or part of the recommendation or rejecting it in its entirety and providing a written response.
8. Membership of the Faculty Adjudication Committee: Three full-time faculty members will be appointed each year by the University Senate to serve annual terms. Two additional members (among faculty members holding administrative appointments) will be appointed by the Vice Rector of Academic Affairs. Members of the Committee will elect a Chair. The Committee will meet within the first month of the Academic Year to review operating guidelines and then on a regular basis to discuss pending complaints or accepted grievances.

D. Roles and Responsibilities
The Faculty Adjudication Committee under Vice Rector of Academic Affairs.