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The University
Handbook guarantees faculty members access to a fair and independent
process for resolving disputes involving students, staff, peers, and
superiors. Disputes can be handled in either of two ways: through
informal mediation, usually handled by the Ombudsman, or through
adjudication, where a panel of faculty members hears the case.
There are indications that parts of this system are not working properly.
We have no clear sense of how effective the mediation process has been.
The Ombudsman handles upwards of 150 office consultations and uncounted
phone consultations each year involving faculty. 50-60 mediation sessions
also take place in that office, most but not all involving members of the
faculty. The Secretary of the Faculty also handles some mediations.
Everything about this is necessarily private, so we are not in a
position to judge the quality of these services.
We do have reason to believe that the adjudication track is no longer
fair and effective. This is a serious concern, because adjudication
should be the backbone of the dispute process. Instead it has become
harder and harder to get a case before an adjudication panel and with
some frequency administrators have been overturning panel decisions.
Problems include the following:
· Delays: One case has dragged
on for a year and a half with no resolution.
· Improper use of
attorneys: Recently the administration has backed away from an
earlier agreement specifying that no administrator who is a credentialed
attorney will participate unless the faculty member is also represented
by an attorney,
· Interference: The president
has intervened to suspend an adjudication that was already underway.
· Verdict veto: In at least two
recent cases, adjudication panels ruled in favor of the faculty member,
but the decisions were effectively ignored and both individuals were
fired.
The adjudication process needs to be examined and repaired.
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