I. Purpose and Scope

The purpose of this policy is to provide a fair and comprehensive procedure whereby a Thomas Jefferson University ("TJU") faculty member may be heard and obtain resolution of a grievance or dispute. This policy covers all faculty complaints arising from or related to employment and faculty status with TJU, inclusive of all Colleges, except as restricted below. This policy supersedes all faculty grievance procedures dated prior to 2005.

This policy does not cover complaints against faculty members by non-faculty (i.e., administrators, staff employees, students, etc.). This policy also does not cover complaints related to research misconduct, IRB noncompliance, or corporate compliance, nor appeals on such issues. Those types of complaints are the subjects of separate complaint procedures described in "TJU Policies and Procedures", available on-line at Jefferson PULSE. See TJU Policies 107.15, 107.13 and 110.02.

This policy also does not apply to policies or administrative decisions affecting the faculty at large or classes of faculty. Furthermore, this policy does not apply to disputes or disagreements over compensation and the non-renewal of faculty contracts, unless there is clear evidence that the issue involves discriminatory or retaliatory action against an individual faculty member in violation of TJU's anti-discrimination and equal employment opportunity policies. Also, special procedures are applicable to the just cause termination of faculty members of Jefferson Medical College and the Jefferson College of Health Professions. Those procedures are contained in the by-laws of those Colleges and supersede the procedures set forth below in a case of termination for cause.

II. Procedure

Level I

A. A grievance shall be filed in writing with the Chair of the Department within which the faculty member holds his or her appointment within thirty (30) days of the date on which the grievant had notice of the action or event being grieved. If the dispute is with the Department Chair, or another clear conflict exists with the Department Chair with respect to the grievance, the grievance may be filed initially either with the University Affirmative Action Officer, or the Associate Dean for Faculty Affairs in the case of a faculty member in Jefferson Medical College, or with the Associate Dean in Jefferson College of Health Professions designated to staff the Faculty Affairs Committee of the College of Health Professions. The Department Chair may request assistance in resolving the grievance from the Affirmative Action Officer or the corresponding Faculty Affairs Dean. Grievances filed later than thirty (30) days after the event on which the grievance is based may be heard at the discretion of the Department Chair, the Affirmative Action Officer or the corresponding Faculty Affairs Dean. Grievances filed more than one (1) year after the grievant had notice of the event on which the grievance is based are waived.

B. The Department Chair, or alternate Level 1 recipient of the grievance, shall proceed promptly to review the grievance and shall attempt to resolve the grievance informally.

Level II

If the grievance is not resolved at Level 1 within thirty (30) days of filing, the grievant may request in writing that the grievance proceed to hearing. The request for hearing shall be addressed to the appropriate College Dean for Faculty Affairs or the Affirmative Action Officer, who shall direct the grievance to hearing. The hearing shall be conducted by a special three (3) member Ad Hoc Committee of the Faculty Affairs Committee of the faculty member's respective college (faculty from the College of Graduate Studies will have their grievance heard by the Faculty Affairs Committee of Jefferson Medical College) of which two (2) members shall be selected by the Chair of the Faculty Affairs Committee. The Chair of the Faculty Affairs Committee shall serve as the Chair of the grievance hearing committee unless the Chair disqualifies himself/herself, or is disqualified, in which case another member of the Faculty Affairs Committee will be selected to Chair the grievance hearing committee. This substitute Chair will be selected by the Chair of the Committee on Committees or equivalent committee (Governance Committee of Jefferson College of Health Professions) of the grieving faculty member's respective college. If a member of the Ad Hoc Committee disqualifies himself/herself, or is disqualified, another member of the Faculty Affairs Committee will be selected as a substitute to the grievance hearing committee by the Chair of the Faculty Affairs Committee.

A hearing at Level 2 shall be scheduled and held as promptly as practicable. Minutes of the hearing shall be prepared, but no verbatim transcript is required. Evidence, including witness testimony, documents and demonstrative evidence, will be considered and admitted based on its probative value to the grievance hearing committee at its sole discretion. The hearing need not be conducted in accordance with strict judicial rules. The Chair of the grievance hearing committee shall make all rulings with respect to procedure and the presentation and admission of evidence. University Counsel will provide guidance on evidentiary rules and procedures upon request from the Chair of the grievance hearing committee. The grievant has the right to legal or academic counsel or other representative of his or her own choice to serve in an advisory capacity only. Such advisors may not participate in any way in the actual hearing. A report of the hearing, with the findings and recommendations of the grievance hearing committee, will be sent to the Dean of the corresponding college and the grievant within thirty (30) days after completion of the hearing process. Unless there is written exception to the decision of the grievance hearing committee from the Dean within fourteen (14) days, the decision shall be final.

III. Judicial Review

TJU is committed to promoting and maintaining the highest standards of excellence in education and in research. TJU also is committed to strong principles of self-governance and peer resolution of internal disputes. The above grievance procedure is provided to advance those principles first, by permitting members of the Jefferson community to resolve their own disputes in a fair, orderly and knowledgeable manner and second, by conserving TJU resources for education and research purposes rather than diverting resources to litigation. Accordingly, TJU strongly urges all faculty members to utilize the above procedure before resorting to outside remedies.

While any dispute, grievance or other matter pertaining to TJU employment may be submitted for full judicial review, with or without exhaustion of the grievance process, it is understood that the prevailing party in a judicial action shall be entitled to reasonable costs and attorney's fees associated with the dispute.