The following procedures are used for faculty and Academic Professional staff grievances at UIS:
1. The Grievance Procedures are structured to only provide for limited remedies in certain kinds of situations. Possible remedies do not include disciplinary measures being taken against individuals or organizational units. Vengeance, retribution, and punishment are not obtainable options under these procedures. All remedies shall conform to the underlying premise of these Grievance Procedures: that the purpose is to resolve the dispute and develop a satisfactory way for the parties to continue to work productively in the future.
2. Days/time factors stipulated in the grievance procedure(s) are days/time factors while individuals are on contract.
3. Submission occurs when the Ombuds Office logs in the filing. Submission via Drop Box or at the office at non-business times will be credited as of the beginning of the day when the submission is received.
4. All business days officially end as of close of business, 5 o’clock p.m. Submissions made thereafter will be credited as received on the next business day.
5. If there are problems with or complaints about actions taken while a grievance is pending against either the Grievant or any other individual covered by these procedures, they shall be dealt with as separate grievances, except as prohibited by the exclusions set forth in the grievance procedures themselves.
6. Selection of Hearing Officers is handled solely by the Ombudsperson. The selection is made from a short list of experienced neutrals listed on the FMCS, AAA, ISLRB or/and IELRB lists of neutrals who have agreed to serve in such a capacity under the terms of these grievance procedures. When a Hearing Officer is needed, the Ombudsperson shall select a person from the lists of available arbiters and transmit this name and biographical particulars to all parties simultaneously. If the Ombudsperson receives no objection to the Hearing Officer within 5 (five) days, the Hearing Officer will be considered jointly appointed for the purposes of complying with the procedures. If the Ombudsperson receives an objection, the Ombudsperson will: disclose it to the other parties; review comments; and determine whether the objection is central to the question of whether the individual can fairly and appropriately handle the matter. The Ombudsperson will then determine whether to substitute another Hearing Officer. The decision of the Ombudsperson shall be final.
7. Hearing Panelists will be rotated so that service on such panels will fall equally on all of the individuals on the panels to the greatest extent possible. The lists shall be maintained as a rotation using time since last served on a panel as the date for calculation.
8. Pursuant to the terms of the respective Grievance Procedures, certain subjects do not fall within the procedures and may not be made subject to these provisions. If any person named as a respondent in a grieved matter raises a question of coverage, the Ombudsperson, not the parties, shall make a determination whether the objection is valid and what shall be done thereafter. The Ombudsperson may, at his/her option, ask parties to state their respective positions in writing prior to making such a determination. Time limits set forth in the grievance procedures will be held in abeyance during the Ombudsperson’s coverage review.
9. It is assumed that an individual making a commitment to do something has the power to do it or to see that it is done in a timely manner. If that is not the case, then this information must be part of the response to the requested remedy.
10. Mediation panel members may be persons who have had training in mediation or dispute resolution techniques elsewhere than at UIS. The Ombudsperson shall be the final arbiter as to whether such training suffices for that required under the UIS Grievance Procedures.
11. Because websites and email servers are not secure, no formal submission of a grievance or response(s) thereto will be accepted electronically. Fax filings are similarly prohibited.
12. All reasonable efforts will be made to maintain confidentiality of the identify of grievants and the nature of their complaints. However, grievants should understand that whatever information they discuss or disclose to other people beyond the Ombudsperson and individuals involved in the grievance processing is no longer considered something over which they can have a claim of confidentiality since they themselves have expanded the sphere of knowledge of the information beyond those who are directly involved.
13. Neither the Ombudsperson nor anyone in the Ombuds Office, nor the Hearing Officer, nor the hearing Panel Members, nor the Mediator(s) who participated in the efforts to resolve the problems raised in any given grievance are necessary parties to any litigation relating to the issues and/or proceeding and/or enforcement of the agreement or award developed as a result of these grievance procedures.
14. Obligations of all parties extend to their representatives and/or agents.
15. Confidentiality is not construed to limit or prohibit the effective monitoring, research, or evaluation of these grievance resolution procedures by responsible persons.
16. Advisory hearings shall be presented via summaries of witness testimony, position statements, etc. Stipulations and agreements as to factual matters shall be encouraged when ever possible. All material presented shall be accepted as accurate as far as the individual offering the information is concerned.
17. The Ombuds Office may retain records of the kinds, numbers, and results of grievance proceedings under both AP and Faculty Grievance Procedures for program assessment and evaluation purposes. None of the information in the Ombuds Office files shall be available or useable by any member of the administration or department or any other individual, including possible other grievants, except as required by law. In such event, prior notice of impending disclosure shall be made to the affected parties.
18. The Ombuds Office shall retain the Chancellor's Response to the Formal Hearing Report along with a copy of the Final Hearing Report attached to it and made a part of it. The Ombuds Office shall handle any questions relating to the decision.
19. For questions, filing and any other purposes, the Office of the Ombudsperson may be reached via:
Daniel Matthews, Ombudsperson
Office Location: Brookens 387
Office Phone: (217) 206-7000