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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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OREGON UNIVERSITY SYSTEM,
WESTERN OREGON UNIVERSITY

 

DIVISION 10

RULES OF PROCEDURES FOR THE HANDLING OF DISPUTES
AND GRIEVANCES FOR STUDENTS AND UNCLASSIFIED
PROFESSIONAL EMPLOYEES, AND COMPLAINTS
FOR DISCRIMINATION AT WOU

Grievance Procedure for Students

574-010-0005

Persons Entitled to be Heard

(1) Any student, former student, or applicant for admission to this institution wrongfully or erroneously denied registration or having such registration wrongfully or erroneously cancelled; or

(2) Any student wrongfully or erroneously required to pay a fine or penalty to the university except a parking or traffic fee or fine; or

(3) Any person wrongfully or erroneously having money withheld by this institution; or

(4) Any student or former student whose request for an amendment of his education records has been denied by the university.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 352.200
Hist.: OCE 3, f. & ef. 8-9-77; WOSC 1-1982, f. & ef. 2-11-82; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0010

Definitions

(1) "Grievant" means any person mentioned in OAR 574-010-0005 but does not mean a person whose complaint is subject to being processed by a grievance procedure established pursuant to or by a collective bargaining agreement.

(2) "Committee" means the Student Grievance and Concerns Committee. The committee is a group of faculty members, staff members and one student representative selected to review current formal and informal academic and non-academic grievance procedures, consider and act upon grievance petitions, educate the college community about the grievance process, and investigate and alert the Faculty Senate and the campus community of issues concerning students which the Committee believes are of significance to faculty.

Stat. Auth.:
Stats. Implemented: ORS 351
Hist.: OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0020

Procedure for Informal Hearing

Any person aggrieved as defined in OAR 574-010-0005 and 574-010-0010 shall briefly state the objection to the action taken or proposed by the university, and shall request referral to a person in a Supervisory position with sufficient authority and access to knowledge of the circumstances to resolve the grievance. Such Supervisory official shall promptly arrange an opportunity for the Grievant and the Supervisor to discuss the grievance at a time and place suitable to both. If a matter cannot be resolved by the Supervisor, or by some other university official to whom the Supervisor may refer the grievance, the Grievant then may request a hearing. The request shall be in writing, and shall be given to the Supervisor or other university official with whom the Grievant has been discussing the grievance. Such written request may be informal, shall be signed by the Grievant, and shall be submitted within ten days after completing the discussion of the grievance.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 183 & 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0030

Order When Grievant Fails to Appear

(1) When the Grievant fails to appear at the specified time and place, or at the time to which the hearing may have been continued by mutual consent or by order of the Student Grievance and Concerns Committee, the university shall issue a decision based on the information available to it.

(2) The decision supporting the action of the university shall set forth the material on which the action is based, or the material shall be attached to and made a part of the decision.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 183 & 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0060

When OAR 574-010-0005 Through 574-010-0055 Do Not Apply

OAR 574-010-0005 through 574-010-0030 do not apply to procedures for imposition of sanctions on an academic staff member.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: OCE 3, f. & ef. 8-9-77; WOU 2-2004, f. & cert. ef. 8-4-04

Grievance Procedure for Unclassified Professional Employees

574-010-0065

Purpose and General Explanation

(1) This procedure is established for the purpose of assuring all unclassified professional employees at Western Oregon University of the right to have their grievances receive fair, orderly and expeditious consideration. The emphasis is on solving problems in a collegial manner. The procedure encourages settlement of disputes at the lowest possible level by direct communications between conflicting parties.

(2) Any unclassified professional employee of Western Oregon University has the right to file a grievance if the employee believes that an unjust or inequitable act or omission has occurred, in violation of established institution written policies/procedure, state statute or rule. Disciplinary sanctions are imposed in accordance with OAR 580-021-0320 and shall not be subject to this grievance procedure.

(3) This right is in addition to that of an employee to appeal to the Employee Relations Board in accordance with the rules of that agency.

(4) At any step of the grievance procedure, an employee may be represented or assisted by anyone of his/her choosing. The expense for such representation shall be borne by the employee.

(5) Time limitations are provided for each step to assure quick response to the grievance. These limitations may be extended by mutual consent of the parties when placed in writing and attached to the written grievance.

(6) Once an employee has invoked the grievance procedure, he/she shall not be required to participate in any discussion of that grievance with a Supervisor or agent of the employer without the presence of his/her representative.

(7) If the Grievant is entitled to a contested case procedure, the Grievant may elect to use that procedure.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351
Hist.: OCE 1-1980, f. & ef. 4-15-80; WOSC 3-1988, f. & cert. ef. 12-15-88; WOU 2-1997, f. & cert. ef. 5-28-97

574-010-0067

Definitions

(1) "Grievance" means acts, omission or applications which allegedly violate University Policy, OUS Rules or Oregon Administrative Rules. Evaluation and disciplinary disputes are handled separately through the administrative organization. Grievances relating to charges of discrimination are to be filed with the University's Director of Human Resources.

(2) "Grievant" means one or more members of the Western Oregon University unclassified professional staff as listed on the official list of personnel.

(3) "Supervisor" is the employee responsible for the grievant's work assignment and evaluation.

(4) "Day" means calendar days unless expressly designated otherwise.

(5) "Vice President" is one of the following: Vice President for Student Affairs, Vice President for University Advancement, the Provost/Vice President of Academic Affairs or the Vice President for Finance and Administration.

(6) "President" is the President of the University.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351
Hist.: WOSC 3-1988, f. & cert. ef. 12-15-88; WOU 2-1997, f. & cert. ef. 5-28-97; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0068

General Provisions

(1) Except in cases of illness, absence from the country, or official leave of absence, the Grievant shall be present in person when the grievance is presented and at any subsequent hearing.

(2) Failure to take action within the time limits specified at any step, including any extensions, shall be considered acceptance by the Grievant of the decision. Failure of the administration to communicate the decision on a grievance at any step within the time limits, including any extension thereof, shall allow the Grievant to proceed to the next step.

(3) If, at any time, a Grievant seeks resolution of a grievance through any agency outside Western Oregon University, whether administration or judicial, Western Oregon University shall have no obligation to proceed further under this procedure with respect to such a grievance.

(4) A Grievant may withdraw a grievance at any time.

(5) A Grievant will not be allowed to utilize more than one grievance procedure in pursuing relief from a given grievance. Should a Grievant be entitled to utilize more than one grievance procedure, a decision must be made at the time of filing the initial grievance concerning which grievance procedure will be followed.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351
Hist.: WOSC 3-1988, f. & cert. ef. 12-15-88; WOU 2-1997, f. & cert. ef. 5-28-97; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0070

Presentation of Grievance

(1) Grievance shall be presented within 30 days from the date of the act or omission or from such date the Grievant knew or reasonably should have known of such act or omission, except in those cases where the Grievant is out of the country or on an official leave of absence.

(2) Informal Presentation of a Grievance:

(a) The Grievant shall orally present a grievance to Grievant's Supervisor. At the time of this presentation, the Grievant shall state that a grievance is being presented;

(b) The Supervisor shall discuss the grievance with the Grievant and shall endeavor to obtain whatever additional information may be necessary to take action on the grievance;

(c) If the grievance involves a person other than the Grievant and the Supervisor, the Supervisor shall, if possible, arrange a meeting which includes the other person involved. If this meeting establishes a need for more information than has already been presented or secured, the Supervisor shall gather such information;

(d) At this stage the persons involved shall make sincere and significant efforts to settle the grievance;

(e) Within 10 days of the oral presentation of the grievance, the Supervisor shall orally notify the Grievant of the outcome and record the date of notification.

(f) No grievance file shall be generated during the informal process.

(3) Formal Written Presentation of a Grievance:

(a) Step 1: Review.

(A) If the Grievant is not satisfied with the informal decision of the Supervisor and desires to proceed further, the Grievant shall, within 10 days of being certified of the Supervisor's decision, present the grievance in writing to the Supervisor.

(B) Upon receipt, the Supervisor shall immediately create a grievance file into which all written materials concerning the grievance will be placed. The grievance file shall be available at any time to the Grievant;

(C) The Supervisor shall schedule a meeting with the Grievant to attempt to resolve the matter. This meeting shall occur within 10 days of the written presentation of the grievance. Either party may bring an observer to the meeting. The Supervisor may conduct further meetings and inquiries as deemed necessary and proper;

(D) The Supervisor shall conclude the review and notify in writing the Grievant of the decision on the grievance within 10 days of the meeting.

(b) Step 2: Vice President.

(A) If the Grievant is not satisfied with the Supervisor's decision and desires to proceed further the Grievant shall, within 10 days of receipt of the Supervisor's written decision, present the grievance in writing to the appropriate Vice President. Additionally, a request for a hearing by a committee of peers appointed by the Vice President from a list submitted by Administrative Support Council may be submitted;

(B) The Vice President and Hearing Committee shall obtain the grievance file from the Supervisor and provide opportunity for the Grievant and Supervisor to submit any additional written statements in connection with the grievance;

(C) Within 10 days of appointment of the Committee, the Hearing Committee shall meet and consider the grievance;

(D) The Hearing Committee shall present its report, including recommendations, to the Vice President within 10 days after the conclusion of the hearing;

(E) Procedure for the Conduct of Peer Hearings:

(i) Hearings shall be open unless closed by request of the Grievant or requirement of law;

(ii) During the hearing an opportunity shall be provided for the Grievant and the Supervisor to present brief opening and closing statements and for both parties to present evidence and testimony and to call and cross-examine witnesses. Each party may present evidence, argument and rebuttal;

(iii) The Grievant shall appear at the hearing and may be accompanied and assisted by other persons, including counsel;

(iv) The administrator or administrators most directly involved shall appear at the hearing and may be accompanied and assisted by other persons, including counsel. The administration shall be represented at the hearing by the Vice President who may be accompanied and assisted by other persons, including counsel;

(v) The chairperson of the Hearing Committee shall preside at such hearings and over the deliberations of the committee. The chairperson shall have authority to rule upon questions of admissibility of evidence and exclude evidence which is irrelevant, untrustworthy, and unduly repetitious;

(vi) If either party to the grievance alleges that evidence or testimony may not be given on account of prohibition of law or regulation, that party shall deliver to the committee a copy of the law or regulation. If the committee requests it, the party shall also provide any relevant Attorney General's opinion or legal decision;

(vii) Based only on the evidence presented at the hearing, the Hearing Committee shall describe the issues considered, make findings of fact and recommendations based on those findings in a written report to the Vice President;

(viii) Dissenting opinions, if any, by members of the Hearing Committee shall be submitted with the report if so desired by the dissenting members;

(ix) A recording and copies of all documents will be made accessible to all parties to the grievance.

(F) Vice President's Decision.

(i) After reviewing the grievance and/or the Hearing Committee's report and recommendations, the Vice President shall take action on the grievance;

(ii) The Vice President shall make his/her decisions solely on the basis of evidence presented and the report of the committee.

(iii) The Vice President shall provide written notice to all previous parties of the decision on the grievance within 10 days of receipt of the grievance, or if used, the report of the Hearing Committee.

(c) Step 3: Review by President.

(A) If the Grievant is not satisfied with the decision of the Vice President, the Grievant may, within 10 days of receipt of the Vice President's decision, petition the President to review;

(B) The President shall notify the Grievant in writing of the decision and of the reasons for the decision within 30 days of the presentation of the grievance for review. As part of the decision, the President may take such further action as deemed necessary and proper, including granting or denying relief, or remanding the grievance further proceedings.

(C) The President's decision is final.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351
Hist.: OCE 1-1980, f. & ef. 4-15-80; WOSC 3-1988, f. & cert. ef. 12-15-88; WOU 2-1997, f. & cert. ef. 5-28-97; WOU 2-2004, f. & cert. ef. 8-4-04

Complaint Procedure for Discrimination Complaints

574-010-0075

Purpose and General Explanation

The following procedure is to be used in resolving complaints alleging discrimination on the basis of age, disability, marital status, national origin, race, color, religion, sex, sexual orientation or veteran status. The complaint procedure is open to all employees, applicants and students except as collective bargaining agreements with the Service Employees International Union and the American Federation of Teachers take precedence reference Administrative Rules OAR 580-015-0090 et seq. For the purpose of this procedure, the following definitions shall be used.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070 & 351.200
Hist.: WOSC 1-1982, f. & ef. 2-11-82; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0080

Definitions

(1) "University Representative:" The person who is alleged to be responsible for the policy, practice or act considered by the Complainant to be discriminatory, also referred to as the "respondent."

(2) "Discrimination:" Any act or practice, either in form or operation, whether intended or unintended, that unreasonably differentiates among persons on the basis of age, disability, marital status, national origin, race, color, religion, sex, sexual orientation or veteran status.

(3) "Complainant:" Person initiating a complaint.

(4) "Sexual Harassment:" Any repeated or unwanted sexual remarks or behavior which one finds objectionable, or which interferes with one's work. Sexual harassment is considered as discrimination on the basis of sex.

(5) "Status:" Role of Complainant at the time of the alleged discriminatory act, i.e., student, employee, applicant, etc.

(6) "Affirmative Action Officer:" The Director of Human Resources fills this role.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: WOSC 1-1982, f. & ef. 2-11-82; WOU 2-2004, f. & cert. ef. 8-4-04

574-010-0085

Procedure

A complaint alleging discrimination in employment originating with a university employee not otherwise covered by a collective bargaining agreement, or by a job applicant or student, shall be processed as described below:

(1) The Complainant is encouraged to attempt to resolve the complaint with the university representative responsible for the policy, practice or act considered discriminatory within five days of the allegedly discriminatory act. If no resolution is reached or a Complainant so chooses, a formal complaint of discrimination may be filed.

(2) To file a formal complaint, the Complainant shall complete a complaint of discrimination form within 12 months after the alleged discriminatory act. The complaint may be submitted in writing, or given orally to the affirmative action officer who will convert it to written form. The Complainant shall have access to all relevant records which are not protected under state and/or federal law. The written complaint shall contain the following:

(a) Complainant's name, address, status, and telephone number where the Complainant may be contacted;

(b) The date of the alleged act of discrimination and a detailed description;

(c) An outline of the attempts to resolve the complaint, including the name of the university representative responsible for the alleged discriminatory act and the date(s) of the attempts, if any, at resolution;

(d) All information pertinent to the complaint;

(e) Resolution proposed by the Complainant;

(f) Complainant's signature.

(3) The affirmative action officer shall forward copies of the written complaint to all concerned including the named university representative, appropriate dean or director, the appropriate Vice President, and the Chancellor's Office.

(4) The affirmative action officer shall investigate the complaint and develop a recommended course of action. The affirmative action officer shall forward a recommendation to the appropriate dean or director, and vice president for a final decision on the course of action to be taken. The President shall review all complaints and action taken.

(5) The final decision shall be given to the Complainant, in writing, by the affirmative action officer, within 30 days after receipt of the complaint by the affirmative action officer, unless additional time is granted by the Chancellor's Office. The named university representative, the affirmative action officer, the appropriate Vice President and the Chancellor's Office shall be notified of the final decision.

(6) This procedure is compatible with the grievance procedure outlined in the State Board of Higher Education Administrative Rule OAR 580-015-0090 and it is understood that any procedure provided for in a collective bargaining agreement between the university and represented employees takes precedence over the one outlined here.

Stat. Auth.: ORS 351
Stats. Implemented: ORS 351.070
Hist.: WOSC 1-1982, f. & ef. 2-11-82; WOU 2-2004, f. & cert. ef. 8-4-04

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