I this is as short as I could manage...
Background: I am an Associate Professor at a public university. In Spring 2005 I received a negative Post Tenure Review. A letter would be placed in my file, I would be put on a performance contract --the first step on the (long) road to termination. I had suspected procedural problems with the review and resisted signing the contract. I consulted several well informed people (including an ombuds from a sister campus) who told me that the process was flawed, that I could almost certainly have it overturned. They also reminded me that even if I won the fight, life at the university could become uncomfortable. I was just completing a divorce and didn't feel I should rock the boat. I had been assured by my dean that the performance contract would 'likely only last one year'. I decided to show that I was a team player and signed. Big mistake.
Current Situation: At the end of the last academic year I received a negative evaluation despite performance improvements. I was also told that I would stay on the contract. I appealed the evaluation, providing documentation on all areas of concern, and pointing out that none of the supports promised to me in the contract had been provided. In a meeting with my department chair he seemed positive but then didn't change the evaluation in writing. Pushed into action but hoping to avoid outright war, I went to the University Mediation Coordinator (UMC). The UMC is a faculty member selected by the faculty council to spearhead the grievance process. He was helpful, assisting me with language and helping me create a reasonable list of requests; taking my case to the dean. She offered only nominal accommodations; didn't change my evaluation or remove the contract. We went through another round to the same end. Halfway through this process the mediator told me that he had received no formal mediation training. Ultimately, the mediation didn't work I wrote up a complaint to file with the campus Grievance Committee.
A month passed and I heard nothing from The Grievance Committee. I contact the chair of the Grievance Committee last week who said he hadn't received my complaint from the mediator. The mediator contacted me and said he didn't know he was was responsible for filing it. I had read the policy and knew it was his job. I was furious at the month's delay, since I had hoped to have the situation settled before the end of this semester. I went back to the policy and found it says, among other things
"The UMC…, will maintain a list of approved mediators. An approved mediator is one who has completed the required training program in mediation and who has received additional training about grievances … The UMC will present the parties involved in a grievance with a list of five mediators selected by the UMC from the list of approved mediators. The parties will attempt to agree on a mediator …The UMC will send the mediator so selected a copy of the filed petition. The UMC will also provide assistance to the parties and to the mediator by establishing a date, time, and location for the mediation session(s). "
NONE of this happened for me
NOW I have a complaint not only with the dean but with the university at large—a whole different level of potential politics and complications. The UMC activities are housed under the Provost. On the other hand, the loose mediation process to me a very clear violation of policy. I don't care to stay at the university any more but I do need a living. What I would really like is a negotiated exit so I have time to look for another job and my good name back. I would avoid nasty battles if I could. My questions:
(I hope this is obvious). Based on what I've written, does it look like my rights have been violated?
Should I go to the provost, describe the situation and ask for a negotiated exit package (in lieu of a more litigious battle over violated policy)?
Do I need a lawyer with me at this point, or should I go and suggest that we could all avoid time and expense if I just quietly dropped the grievance and took they paid x months of salary and benefits? (someone suggested I ask for 18 months...)
Do you know of situations where faculty were actually successful doing this?
Any other advice on how to approach this?
Many thanks for any wisdom...
Background: I am an Associate Professor at a public university. In Spring 2005 I received a negative Post Tenure Review. A letter would be placed in my file, I would be put on a performance contract --the first step on the (long) road to termination. I had suspected procedural problems with the review and resisted signing the contract. I consulted several well informed people (including an ombuds from a sister campus) who told me that the process was flawed, that I could almost certainly have it overturned. They also reminded me that even if I won the fight, life at the university could become uncomfortable. I was just completing a divorce and didn't feel I should rock the boat. I had been assured by my dean that the performance contract would 'likely only last one year'. I decided to show that I was a team player and signed. Big mistake.
Current Situation: At the end of the last academic year I received a negative evaluation despite performance improvements. I was also told that I would stay on the contract. I appealed the evaluation, providing documentation on all areas of concern, and pointing out that none of the supports promised to me in the contract had been provided. In a meeting with my department chair he seemed positive but then didn't change the evaluation in writing. Pushed into action but hoping to avoid outright war, I went to the University Mediation Coordinator (UMC). The UMC is a faculty member selected by the faculty council to spearhead the grievance process. He was helpful, assisting me with language and helping me create a reasonable list of requests; taking my case to the dean. She offered only nominal accommodations; didn't change my evaluation or remove the contract. We went through another round to the same end. Halfway through this process the mediator told me that he had received no formal mediation training. Ultimately, the mediation didn't work I wrote up a complaint to file with the campus Grievance Committee.
A month passed and I heard nothing from The Grievance Committee. I contact the chair of the Grievance Committee last week who said he hadn't received my complaint from the mediator. The mediator contacted me and said he didn't know he was was responsible for filing it. I had read the policy and knew it was his job. I was furious at the month's delay, since I had hoped to have the situation settled before the end of this semester. I went back to the policy and found it says, among other things
"The UMC…, will maintain a list of approved mediators. An approved mediator is one who has completed the required training program in mediation and who has received additional training about grievances … The UMC will present the parties involved in a grievance with a list of five mediators selected by the UMC from the list of approved mediators. The parties will attempt to agree on a mediator …The UMC will send the mediator so selected a copy of the filed petition. The UMC will also provide assistance to the parties and to the mediator by establishing a date, time, and location for the mediation session(s). "
NONE of this happened for me
NOW I have a complaint not only with the dean but with the university at large—a whole different level of potential politics and complications. The UMC activities are housed under the Provost. On the other hand, the loose mediation process to me a very clear violation of policy. I don't care to stay at the university any more but I do need a living. What I would really like is a negotiated exit so I have time to look for another job and my good name back. I would avoid nasty battles if I could. My questions:
(I hope this is obvious). Based on what I've written, does it look like my rights have been violated?
Should I go to the provost, describe the situation and ask for a negotiated exit package (in lieu of a more litigious battle over violated policy)?
Do I need a lawyer with me at this point, or should I go and suggest that we could all avoid time and expense if I just quietly dropped the grievance and took they paid x months of salary and benefits? (someone suggested I ask for 18 months...)
Do you know of situations where faculty were actually successful doing this?
Any other advice on how to approach this?
Many thanks for any wisdom...
