1.1. This grievance procedure has been established as specified by Cornell University Policy 6.2.10 — Establishment of College Level Academic Employee Grievance Procedures. Through this grievance procedure, faculty (defined to include tenured, tenure-track, and both part and full-time RTE faculty) of the Cornell Jeb E. Brooks School of Public Policy have the right to seek redress of decisions made, actions taken, or conditions existing at the program, department, and school level that the complainant alleges to be unfair. Grievance procedures may be invoked within six (6) months of the grievable action when direct discussions between the faculty member and any other parties to the dispute end without resolution

1.2. No more than one university grievance procedure may be applied in resolving a single grievance. If a grievance from a member of a multi-college department is taken up with another school or college, it is not eligible for the Brooks School grievance procedures. This grievance process is not a legal hearing, but rather an internal process designed to resolve workplace disputes. Any grievance proceeding is advisory in nature to the school Dean, and the President and Trustees of the University.

2.1. Grievable actions may apply to a number of separate or related instances of disagreements about an individual’s designated responsibilities including (but not limited to) academic freedom, work assignments, and working conditions. In the event the grievance alleges any issues related to sexual harassment, or any other form of prohibited discrimination or harassment (for example, relating to age, color, creed, disability, ethnicity, marital status, national origin, race, religion, sex, sexual orientation, gender identity, gender expression and veteran status), the grievance will be immediately and confidentially referred to the Office of Workforce Diversity, Equity and Life Quality for investigation under the procedures established under Cornell University Policy 6.4, which governs all complaints of harassment and other forms of discrimination.

2.2. The Cornell Jeb E. Brooks School of Public Policy is not applicable to complaints about appointment, reappointment, or promotion decisions.

3.1. Submitting a Grievance

Failing informal resolution of differences, the complainant may submit a formal written grievance within six (6) months after the occurrence of the action(s) to be grieved. The formal written grievance should be submitted to the supervisor, the Program Director, Senior Associate Dean or Assistant Dean of Human Resources as appropriate. The grievant bears the burden of proof required to sustain the grievance.

3.2. Grievance Format

The written statement initiating a formal grievance should include:

• 3.2.1. The nature of the grievance;
• 3.2.2. The person(s) against whom it is directed;
• 3.2.3. Documentation of the efforts made to resolve the issue;
• 3.2.4. Documentation of the responses to the complainant;
• 3.2.5. A statement regarding other avenues of recourse available and efforts to utilize such avenues; and
• 3.2.6. The remedy or resolution sought.

3.3. Initiation of Grievance Process

Within fifteen (15) working days, the recipient of the formal grievance should reply, in writing, to the complainant. If the answer is considered unsatisfactory, the complainant shall notify the Brooks School Assistant Dean for Human Resources in writing within fifteen (15) working days of receiving the reply that s/he/they wishes to proceed with the grievance. If the complainant fails to respond to the decision within the fifteen (15) day limit, then the issue will be presumed settled and the grievance will be closed. Otherwise, the grievance will proceed and be submitted to an ad hoc committee for consideration.

3.4. Grievance Committee

The school Grievance Committee that considers the grievance is a standing committee of the school faculty and seats on the committee are elected by the Brooks School tenured, tenure-track, and full-time RTE faculty.

• 3.4.1. Grievance Committee Charge
  • The Grievance Committee deals with complaints received from faculty citing grievances against faculty or administrators or from administrators citing grievances against faculty when such grievances are of types not delegated to other committees or agencies of the school or the university.
• 3.4.2. Grievance Committee Composition
  • The Grievance Committee will be comprised of three Brooks faculty members – at least two of which are elected from among tenured faculty, and at least one of which is elected among full-time RTE faculty. One alternate member will also be elected and may be a tenured faculty member or a full-time RTE faculty member. The Senior Associate Dean of Faculty and Research will seek nominations for the position and will be responsible for administering the vote.
• 3.4.3. Grievance Committee Term
  • Members of the Grievance Committee will serve a 3-year term.
• 3.4.4. Grievance Committee Process
  • Prior to initiating their inquiry, the Grievance Committee ascertains whether any committee member is a directly affected party in the particular complaint and, in the case in which the committee member is affected, this member will be asked to refrain from any further consideration of the issue. It is also possible for members of the committee to disqualify themselves from consideration of any issue. If the number of committee members available to participate in a review is reduced to less than three, the alternate committee member will be asked to serve

    The Grievance Committee acts only upon receipt of a written complaint and after a determination that (1) the complaint falls within its school-based jurisdiction and (2) settlement by the principals cannot be achieved without the committee’s impartial review.

3.5. Grievance Process

The directive establishing the committee will include the written grievance filed by the complainant. This committee, with the assistance of the Cornell Brooks School of Public Policy administration, shall request necessary documentation from all parties and determine if an investigation and/or hearing is required. Either or both of the parties may be assisted by other Cornell University employees; however, attorneys representing interested parties may not be present at the formal grievance hearing. All involved parties shall be allowed reasonable time to prepare for the grievance procedure without loss of pay. The committee’s recommendations shall be determined by majority vote, though there may be a minority report. Decisions made under this grievance procedure must conform to existing Cornell University Brooks School of Public Policy and University policies. Such decisions may lead to the establishment of new policies, but they may not, in and of themselves, constitute new policies. The committee shall submit its written recommendations, including any minority report, to the school Dean within twenty (20) working days after receipt of all information or conclusion of the hearing(s). Any documentation created or collected by the committee or its members in the course of the grievance process shall be turned over to the school Dean along with the recommendations.

3.6. Notification

The school Dean shall notify all concerned parties and the University Provost of acceptance or rejection, with reasons, of the committee’s recommendation. At the request of any party to the grievance and with the concurrence of the grievance committee, a summary of the nature of the case and the resolution will be given to the faculty members of the Cornell Jeb E. Brooks School of Public Policy. Otherwise, the case and the resolution will remain confidential on a need-to-know basis.

3.7. Appeal

When one of the interested parties to the grievance disagrees with the Dean’s decision, they may ask for a University-level review of that decision. A written appeal should be submitted to the Provost, who shall initiate action as governed by the applicable University rules for appeals.

4.1.Confidentiality will be maintained regarding all matters relevant to individual grievances on a strict need-to-know basis. However, the School Dean must provide for summary notice of the case, the issue, and the resolution at the request of a party to the issue and with the concurrence of the grievance committee. All parties, with the exception of the grievance committee, may preserve written records related to the grievance proceedings. Such retention does not relieve any party of the responsibility to maintain confidentiality on a need-to-know basis. If a University-level review by the Provost is requested, the Dean will make available to the Provost all material submitted in evidence with recommendations of the ad hoc If such a review by the Provost is not requested, all documentation on the grievance proceedings in possession of the Dean’s Office will be confidentially maintained for a period not to exceed seven (7) years. While the Cornell Jeb E. Brooks School of Public Policy will make every reasonable effort to keep the evidence compiled in the grievance process confidential, it cannot guarantee confidentiality. Also, in some limited number of cases, it may be in the Brooks School or the University’s interest to disclose certain facts regarding a grievance.