It is the policy of Marshall University School of Pharmacy to protect the rights of the university faculty and encourage fair, efficient and equitable solution for situations arising out of the employment relationship.

Faculty members may seek resolution of grievances utilizing the process identified in this policy and procedure or may directly ask for their grievance to be addressed by the West Virginia Public Employee Grievance Board.

No person shall be penalized, disciplined, or prejudiced for filing a grievance or aiding another faculty member in filing a grievance, but those involved will be expected to meet normal responsibilities while pursuing a grievance.

Review Policy/Procedure

This OP will be reviewed by September of every odd-numbered year (2013) by the Faculty Affairs Committee and approved by the Dean and the Executive Council.

100.007.001 – Definitions

Days:  Working days exclusive of Saturday, Sunday, official holidays and any day in which the employee’s workplace is legally closed under the authority of the chief administrator due to weather or other cause provided by statute, rule, policy or practice

Dean:  Dean of Marshall University School of Pharmacy (MUSOP)

Discriminatory:  Any differences in the treatment of similarly situated employees, unless the differences are related to the actual job responsibilities of the employees or are agreed to in writing by the employees.

Favoritism:  Unfair treatment of an employee as demonstrated by preferential, exceptional or advantageous treatment of a similarly situated employee unless the treatment is related to the actual job responsibilities of the employee or is agreed to in writing by the employee

Grievance: A claim by an employee alleging a violation, a misapplication or a misinterpretation of the statutes, policies, rules or written agreements applicable to the employee including:

(i) Any violation, misapplication or misinterpretation regarding compensation, hours, terms and conditions of employment, employment status or discrimination;

(ii) Any discriminatory or otherwise aggrieved application of unwritten policies or practices of his or her employer;

(iii) Any specifically identified incident of harassment;

(iv) Any specifically identified incident of favoritism; or

(v) Any action, policy or practice constituting a substantial detriment to or interference with the effective job performance of the employee or the health and safety of the employee.

Grievant:  The faculty member initiating a grievance

Harassment:  Repeated or continual disturbance, irritation or annoyance of an employee that is contrary to the behavior expected by law, policy and profession

Improperly Reached:  The decision was reached without the consultations required by department or School regulations prior to the making of such decisions or without approval of higher-level administration where such approval is required.

Respondent:  The administrator responsible for the action or inaction addressed in the complaint.  When a grievance involves a decision made by a group of persons, the Respondent shall be the person that has the authority to make the decision about which the Grievant is petitioning under this School Policy.

Unfair:  An action or inaction that is arbitrary, capricious, vindictive, lacking in justifiable cause or basis in official policy, discriminatory with respect to treatment accorded to equals, or extreme in relation to what would be a reasonable and available alternative course of action.

100.007.002 – Grievance Process and Procedures

The faculty elected Faculty Affairs Committee (FAC) shall be MUSOP Grievance Hearing Committee.  The Grievance Hearing Committee shall be responsible for nominating members of mediation teams and shall serve as a pool of faculty from which Hearing Panels may be selected.

1.      The MUSOP Internal Three Stage Process

a.       Informal Process – the Grievant shall promptly attempt to resolve the matter informally with the official having immediate authority over the matter

b.      School Policy (Formal) – The MUSOP Policy may be invoked if the informal process fails to resolve the matter.

c.       State Policy – WV Public Employees Grievance Board, if no resolution is reached through the informal and formal MUSOP mechanisms, the faculty member may file a grievance to be reviewed under the W.Va Code 6c-2-2 for further review.

2.      Grievance Process

a.       An employee may file a grievance with the WV Public Employees Grievance Board  (W.Va. Code 6C-2-2) at any time during the grievance process.

b.      First step of the MUSOP internal grievance process is the informal process of a discussion with your immediate supervisor.  While documentation of the informal process is not required it is recommended.  A formal grievance should be filed only after an attempt has been made to resolve the apparent dispute through the informal process.   The faculty member should request a meeting with his/her superior and clearly present their concerns, the reasons for their concerns and his/her suggestions for resolution. The superior should approach this meeting with an open mind and make every effort to address the concerns raised.  His/her response and the reasons for that response should be clearly explained.

c.       Should the faculty member believe that his/her concerns have not been addressed adequately as a result of the informal process, he/she has the option to file a formal grievance.  If the dispute is related to clearly defined matters such as pay raise, timing of filing for promotion, non-fulfillment of promised support, etc., the formal grievance should be filed within ten working days of the meeting with the superior.  For disputes involving a continuing series of less clearly defined matters, a formal grievance should be filed no later than six months after the initial meeting with the supervisor.  Any disputes related to the time of filing a formal grievance shall be resolved by the Faculty Affairs Committee.

In order to initiate a formal grievance, the faculty member shall present the grievance in writing to the immediate superior, with a copy to the Dean.  The written grievance must detail the previous efforts to resolve the dispute, the facts relevant to the dispute and the recommended relief sought by the faculty member.  The immediate superior shall respond in writing to the faculty member within 5 working days of receiving the written grievance.

d.      Should the faculty member believe that his/her concerns have not been addressed by the immediate superior, at this time they may request the Faculty Affairs Committee to identify a subcommittee to review all the documentation submitted in regards to their grievance.  The faculty affairs subcommittee will convene within 60 days of the grievance and have a written response within 75 days provided to the employee, immediate superior and a copy to the Dean.

e.       If the faculty member is not satisfied with the decision made by the Faculty Affairs Committee, they may file a written appeal to the Dean of the Pharmacy School within five working days of receiving the Faculty Affairs Committee written decision.  The appeal must describe clearly why the decision is not satisfactory.

f.        The Dean will have 45 days to respond to the faculty member’s appeal.  The Dean will provide the faculty member with a written decision and provide a copy to the faculty member’s immediate supervisor.

g.       If the faculty member is not satisfied with the mediation process, the employee may pursue filling a grievance with the West Virginia Public Employees Grievance Board (W.Va. Code 6C-2-2).

3.     Confidential Review

If the Grievant has requested the petition be handled under a confidential review process, the Dean will investigate the petition, and render their decision to the Grievant and Respondent.  The Grievant may choose this path for any reason such as cases in which the grievance involves the disclosure of confidential, sensitive or personal information that the Grievant would not want divulged in a regular grievance process.

The written recommendation to the Grievant and Respondent will be made within thirty days of the petition received.  The recommendation will be implemented as the final action of the grievance if it is accepted by the Grievant.  The Grievant shall have fourteen days after receiving the Dean’s recommendation to determine whether it is accepted.  If it is not accepted, the Grievant may proceed under the MUSOP policy or file a grievance with the West Virginia Public Employees Grievance Board (W.Va. Code 6C-2-2).