1. Preamble
   The purpose of this grievance procedure is to provide a means of identifying, clarifying, and rectifying personnel problems which may arise within the academic community. In order to promote and encourage congenial, collegial relationships, it is imperative that disputes be defined and resolved as quickly as the basic principle of fairness permits and at the lowest level possible. A faculty member believing s/he has a problem shall have the right to address the problem and to have the grievance considered in good faith.
   A great deal of value is placed upon the individual in this setting. People are a paramount concern within this community which seeks to develop a community based on Biblical principles. Each person is seen to be an active contributor to the spirit of this place. It is, therefore, expedient that potentially disruptive problems be resolved quickly, fairly, and in keeping with Biblical injunctions.

2. Definitions

1. Grievance: The term "grievance" as used in this article refers to any complaint by a faculty members(s) directed against a fellow faculty member, the University, any administrative unit, office or standing committee alleging there has been a violation, misapplication, or misinterpretation of a term or terms of the items described in what is grievable.
2. What is grievable?
   1. The violation, misapplication, or misinterpretation of any Federal or State statute or law with respect to contract, salary, fringe benefits, workload, working conditions, promotion, tenure, or reappointment.
   2. The violation, misapplication, or misinterpretation of the Point Loma Nazarene University Faculty Handbook. Note: See Appeal Procedures for termination for adequate cause.
3. Appropriate Administrator: The term "appropriate administrator" as used in this article refers to the administrator to whom the employee is normally accountable, or the administrator who has been designated by the President to act pursuant to this article.
4. Grievant(s): The term "grievant(s)" as used in this article refers to a ranked faculty member(s) or part-time faculty member(s) who allege(s) that a grievance exists as set forth under section 2 above.
5. Respondent(s): The term "respondent(s)" as used in this article refers to the person, persons, or body of persons to whom the grievant(s) is directing the complaint.
6. General Conditions: The procedures are considered terminated at each level unless the grievant(s) requests the next level in writing within ten (10) days following the conclusion of a given level.

3. Informal Resolution
   The grievant or grievants are encouraged to attempt to resolve the grievance informally with the respondent or respondents. To assist in an informal resolution of any grievance, the parties may singularly or jointly request an informal meeting with the chair of the Faculty Council, and/or the Provost, who will inform the other party. In situations where the potential grievants involve either the chair of the Faculty Council or the Provost, the parties may request an informal meeting with the President of the University. No grievant will be prejudiced against by his/her failure to informally attempt to resolve any grievance. A resolution of a potential grievance at the informal level shall not be precedent-setting.
   
   
4. Formal Procedure I

1. A grievant may file a written grievance with the appropriate administrator and the President of the University no later than thirty (30) days after the grievant knew, or reasonably should have known, of the event giving rise to the grievance.
2. The grievant shall state clearly and concisely the alleged grievance, giving a description of the grounds of the grievance, including names, dates, places, times, and the facts necessary for a complete understanding of the grievance, together with the date of its submission.
3. The grievant shall propose a resolution of the grievance.
4. The appropriate administrator shall provide the respondent(s) with a copy of the written grievance.
5. A Hearing Committee of five tenured faculty and/or administrators shall be selected consisting of one member chosen by the grievant, one member chosen by the respondent, one member chosen by the President, one member chosen by the chair of the Faculty Council, and a fifth person selected as chair of the committee by the four appointed members. Should the President be the respondent, his appointee will be selected by the Provost. Should the chair of the Faculty Council be the respondent, his/her appointee will be selected by the vice chair of the Faculty Council.
6. The Hearing Committee shall: (a) investigate the grievance, (b) insure that the grievance procedures are followed, (c) hold hearings, (d) render its decision to the President, (e) transmit the master file of materials to the office of the President.
7. The Hearing Committee shall have the authority to compel potential witnesses to attend and to respond to questions. At least one hearing shall be held during which time both the grievant(s) and the respondent(s) shall be present and shall be entitled to present their respective cases. Further, no hearings will be held for the purpose of taking testimony from one party (grievant(s) or respondent(s)) unless the other party is also in attendance.
8. The Hearing Committee shall review all documents and present its decision, together with its reasons for same, no later than twenty-one (21) days after the selection of its chair. The President, the grievant, and the respondent shall be notified in writing of the decision of the Hearing Committee by personal delivery or deposit in the U.S. Mail. If mail delivery is used, it shall include a proof of service by mail which shall establish the date of filing.
9. A master file of materials shall be maintained and shall be available to the grievant(s) and respondent(s) and for possible later appeals or hearings.
10. The Hearing Committee shall have the power to decide whether the hearing shall be public or private. If private, the grievant(s) and respondent(s) shall have the right to invite one faculty member/administrator representative to all meetings of the Hearing Committee.
11. The President shall indicate in writing his acceptance or rejection of the decision of the Hearing Committee within ten (10) days of its having been served on the grievant(s) and respondent(s). Service on the parties will be by personal delivery or deposit in U.S. Mail as set forth in section 8 above.

5. Formal Procedure II

1. In the event that the grievance is not resolved at Formal Procedure I, the grievant(s) or respondent(s) may appeal the decision to the chair of the Board of Trustees in writing within ten (10) days following service of the acceptance or rejection by the President of the decision of the Hearing Committee. Said appeal shall also contain a statement as to why the Formal Procedure I decision was not acceptable.
2. A standing three-member review panel of the Board of Trustees, elected by the Board of Trustees, will review the grievance within twenty-one (21) days of the appeal. The panel shall be given a full record of the case, and shall grant opportunity for oral and written arguments by the principals or their representatives. Both the grievant(s) and the respondent(s) are to be present during oral arguments and copies of written arguments shall be made available to both parties. All time periods for the presentation of the oral argument and the filing of written argument will be set by the panel.
3. The review panel will submit its decision in writing to the chair of the Board, the President of the University, the grievant(s) and the respondent(s) within twenty-one (21) days of its meeting. Service on the parties will be by personal delivery or deposit in U.S. Mail as set forth in section 8 of Formal Procedure I.

6. Formal Procedure III

1. Either the grievant(s) or the respondent(s) may appeal the decision of the review panel to the entire Board of Trustees in writing within ten (10) days following the service of the decision of the review panel. The written appeal is filed with the chair of the Board of Trustees, with a copy to be served concurrently on the responding party and the President of the University.
2. The matter shall be presented to the Board of Trustees at the next regularly scheduled meeting. They will be given a full record of the case and shall grant opportunity for oral and written arguments by the principals or their representatives. Both grievant(s) and respondent(s) are to be present during oral arguments and copies of written documents which may be submitted are to be given to both parties.
3. The Board of Trustees will submit its decision in writing to the President of the University, the grievant(s) and the respondent(s) within ten (10) days of its meeting.
4. The decision of the Board of Trustees terminates the grievance process.