Contents

VI. REBUTTALS, APPEALS, AND GRIEVANCES

It is recognized that the process of evaluation is a sensitive one which, because of its inherent judgmental quality, may lead to differing opinions.  The Plan, therefore, seeks to provide appropriate checks and balances, and ample opportunities for review, rebuttals, appeal, and dispute resolution.

Review.  A faculty member or ILS may seek advice and assistance from the Plan coordinator regarding questions and concerns related to Plan administration and procedures.  The coordinator can provide general information and advice, interpret Plan provisions, take action to ensure the fair administration of the Plan, and authorize appropriate exceptions to Plan procedures.  Consultation with the Plan coordinator should be the first step taken if a faculty member or ILS has questions related to the administration of the Plan and its procedures.

Rebuttals.  A faculty member may rebut the findings and conclusions of evaluators at any stage in the process.  All rebuttals must be sent to the ILS, dean, and, if appropriate, the program coordinator and/or appropriate vice president.  All rebuttals received within the deadlines specified by the Plan  become part of a faculty member's evaluation folder in the Central File. 

A faculty member may prepare and submit a written rebuttal to the following evaluation documents:

            Form B, Supervisory Observation

            Form C, Recipients of Service

            Form A-2,ILS's Response to Faculty Memberís MFR Commentary

            Form D-1, Evaluation Conference Summary

                        Form D-2, Deanís Performance Rating

            Form D-2, Vice president's comments or recommendations

The following rebuttal procedures must be followed:

            1.         When deadlines permit, evaluators should send a copy of their written assessments to the evaluatee at least five working days before sending that assessment to the next level of evaluation.

            2.         A faculty member has five working days from receiving an ILS, dean, program coordinator, or  vice president's assessment to file a rebuttal.  All rebuttals must be placed in the Central File with copies to the rebutted evaluator and a copy placed in the evaluation folder for subsequent evaluators.

3.         Because recipients of service assessments are part of the evaluative input used by an ILS, dean, program coordinator, and/or vice president to prepare evaluation summaries and performance ratings, a faculty member may submit a written response to recipients of service assessments to any of the above evaluators and to the Central File.

            4.         All rebuttals become part of the evaluation folder and are forwarded to those persons who will subsequently review the folder for the purpose of providing additional evaluative input, writing an evaluation summary, or assigning a performance rating.

            5.         Evaluators may respond to rebuttals in writing.  All such responses must be sent to the Central File with a copy to the evaluatee.  All responses to rebuttals become part of the evaluation folder.

Appeals.  Upon completion and review of the Evaluation Summary and Performance Rating (Forms D-1 & D-2), the evaluatee may submit a written appeal to the appropriate vice president based on grounds related to personal bias, procedural error, denial of due process, or infringement of academic freedom.  Such appeals must be filed within twenty calendar days after the faculty member receives the Evaluation Summary and Performance Rating (Forms D-1 & D-2).  The findings and conclusions of the vice president are final and not subject to further appeal.

If an appeal is filed, the vice president must prepare a written response that addresses the issues raised in the appeal or conduct a resolution conference.  The vice president may require additional evaluative input, including additional observations and recipients of service evaluations.  The vice president's response to an appeal must be sent to Central File and to the evaluatee for review.  If the vice president is the faculty member's ILS, the evaluatee may appeal to an administrator designated by the president.

Grievances.  Nothing in the Plan shall be construed as limiting the right or ability of an aggrieved faculty member to seek redress under the college's grievance procedures.