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width="20">[[ | width="20">[[CON Resource Manual Appendices|Appendices]]</td> | ||
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<td width="60%"><big>'''Professional Graduate Nursing Program | <td width="60%"><big>'''Professional Graduate Nursing Program Grievance Procedure'''</big></td> | ||
<td width="40%"><big>Subsection: '''Appendix | <td width="40%"><big>Subsection: '''Appendix W2'''</big></td> | ||
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<td width="60%">Section 5.0 - | <td width="60%">Section 5.0 - Appendices</td> | ||
<td width="40%">Originating Date: [[ | <td width="40%">Originating Date: [[Special:PermanentLink/11317|May 2013]]</td> | ||
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<td valign="top" width="60%">Responsible Reviewing Agency:<br /><div style="margin-left:3em; line-height:1.2;">Professional Graduate Nursing | <td valign="top" width="60%">Responsible Reviewing Agency:<br /><div style="margin-left:3em; line-height:1.2;">Professional Graduate Nursing Affairs Committee</div><br />Related documents:<br /><div style="margin-left:3em; line-height:1.2;">5.3.12 Professional Graduate Nursing Student Academic Appeal and Grievance Policy<br /> Graduate Student Grievance Resolution Procedure <br />Chapter 5 Bylaws of the Board of Regents <br />UNMC Code of Conduct </div></td> | ||
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<td>October | <td>Revised: [[Special:PermanentLink/12582|October 2014]]<br />Revised: [[Special:PermanentLink/12583|May 2015]]<br />Revised: [[Special:PermanentLink/12584|May 2016]]<br />Revised: [[Special:PermanentLink/12581|March 2018]]<br />Revised: March 2023 ([[Special:Diff/12581/{{REVISIONID}}|changes]])</td> | ||
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<td valign="top">< | <td valign="top">Related documents:<br /><div style="margin-left:3em; line-height:1.2;">Chapter 5 of the Bylaws of the Board of Regents<br />5.3.12 Professional Graduate Nursing Student Academic Appeal and Grievance Policy</div></td> | ||
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<br /> | <br /> | ||
===Purpose | ===Purpose=== | ||
<p style="margin-bottom:15px;">Under the provision of the Bylaws of the Board of Regents ( | <p style="margin-bottom:15px;max-width:70em !important;">Under the provision of the Bylaws of the Board of Regents, UNMC and College of Nursing (CON) students may report a grievance. This appendix details the procedure to report a grievance against a faculty or staff member. </p> | ||
===Scope=== | |||
<p style="margin-bottom:15px;max-width:70em !important;">This applies to professional graduate students. The guidelines for grievances shown below do not apply to CON PhD students. The appropriate procedures are contained in the Graduate Student Grievance Resolution Procedure. </p> | |||
===Definitions=== | |||
<p style="margin-bottom:15px;max-width:70em !important;">'''University Day:''' The term “University Day” means a weekday on which the campus offices are open. Check the academic calendar on the campus website to determine the days on which the campus offices are closed. </p> | |||
<p style="margin-bottom:15px;max-width:70em !important;">'''Email Address of Record:''' The term “Email Address of Record” means the student’s University assigned email address. Because important notices may be sent to students by email, it is extremely important that students make sure they check that email regularly. </p> | |||
===Grievance Resolution Procedure === | |||
====Informal Grievance Resolution ==== | |||
<ol style="max-width:67em !important;"> | |||
<li style="margin-bottom:15px;">Student believes they have grounds to file a grievance against faculty or staff for violations of the UNMC Code of Conduct, other relevant policies, or conditions that adversely impact the student’s ability to successfully complete the professional graduate program. </li> | |||
<li style="margin-bottom:15px;">Determine if the grievance involves sexual harassment, UNMC or Nebraska Medicine staff, issues regarding research integrity and research misconduct, violations of federal, state, or local laws, or campus security and safety issues. | |||
<ol style="list-style-type:lower-alpha;"> | |||
<li>All allegations of sexual harassment, including sexual violence, for which the student wishes the University to officially acknowledge and investigate should be reported to the Title IX Coordinator or the Chief Student Affairs Officer. </li> | |||
<li>Grievances against UNMC or Nebraska Medicine staff are managed through the relevant policy/procedures by the UNMC human resources. </li> | |||
<li>Issues regarding research integrity and research misconduct are managed through the relevant policy/procedures by the Research Integrity Officer. </li> | |||
<li>Violations of federal, state, or local laws may be managed through the relevant policies and procedures by the Office of Compliance and/or departments having oversight over the applicable law/regulation. Contact the UNMC Chief Compliance Officer. </li> | |||
<li>Campus security and safety issues are managed by the UNMC Campus Security or the Omaha Police Department. | |||
</li> | |||
</ol> | |||
</li> | |||
<li style="margin-bottom:15px;">It is recommended that the first course of action involve a discussion between the student and the faculty member involved to resolve the issue. Faculty and student reserve the right to record any meeting that discusses these topics or have a third-party present to take notes regarding the meeting, with both parties having given consent and are aware of the recording. If discussion with the involved faculty member is not possible or is not effective, the student should discuss the issue with their faculty advisor or specialty coordinator. </li> | |||
<li style="margin-bottom:15px;">If no resolution is reached, the student will be referred to the Associate Dean for Academic Programs (ADAP), whose role is one of neutral objective information sharing and consultation. </li> | |||
<li style="margin-bottom:15px;">If no resolution is reached in the meeting with the ADAP, the student will be counseled on the formal resolution procedure and may choose to file a formal grievance. </li> | |||
</ol> | |||
====Formal Grievance Resolution==== | |||
<ol style="max-width:67em !important;"> | |||
<li style="margin-bottom:15px;">If the student wants to proceed with a formal grievance and an investigation of the incident(s), then the student submits a written complaint to the ADAP received within 30 university days of the incident. The complaint should identify the following: | |||
<ul> | |||
<li>the student grievance </li> | |||
<li>the faculty member or any other person(s) involved </li> | |||
<li>the incident including approximate date and time, and whether the incident is ongoing </li> | |||
<li>the policy claimed to have been violated, </li> | |||
<li>a brief statement of the remedy sought </li> | |||
</ul> | |||
</li> | |||
<li style="margin-bottom:15px;">The grievance will be acknowledged through email from the ADAP within 5 university days. The faculty member involved will be notified that a grievance has been filed against them and the nature of the grievance. </li> | |||
<li style="margin-bottom:15px;">Upon submission of a grievance by the student, a faculty member from the CON will be assigned by the ADAP to the faculty member involved for the duration of the grievance process as a support person. </li> | |||
<li style="margin-bottom:15px;">Within 10 university days of the acknowledgement of the complaint, the ADAP will meet with the student and the faculty involved separately to determine whether a preliminary resolution can be reached. All meetings between the ADAP and the involved parties will be recorded. </li> | |||
<li style="margin-bottom:15px;">If a preliminary resolution cannot be achieved, the ADAP, in consultation with the PGNA chair, will appoint an ad-hoc grievance committee. The ad-hoc grievance committee will comprise no fewer than five individuals: 1 appointed faculty chairperson, 2 faculty members, and 2 student representatives. Two student representatives will be from a specialty area different from the student who has filed the grievance. All members of the ad-hoc appeals committee will be equal voting members and will not have a conflict or competing interest in the outcome. </li> | |||
<li style="margin-bottom:15px;">The hearing must be held within 10 university days after receiving the formal written grievance. The names of the hearing committee members must be provided to the student and persons involved at least 5 university days before the hearing so they can decide whether to challenge any of the members on grounds of lack of fairness or impartiality. </li> | |||
<li style="margin-bottom:15px;">The ad-hoc grievance committee chair will request submission of materials pertaining to the grievance from both student and persons involved. Materials or witnesses that either the student or persons involved intend to use in the formal hearing needs to be submitted to the ad-hoc committee within 5 university days of the request. This will be the only time materials and witness names can be submitted. The committee may request additional clarification. </li> | |||
<li style="margin-bottom:15px;">The student may be assisted by an advisor of their choice. The student must inform the committee chair of the advisor’s name at least 24 hours before the hearing. The student advisor may assist the student in formulating the case, and they may be present at the hearing, but they may not actually participate in the proceedings unless the chair specifically permits. </li> | |||
<li style="margin-bottom:15px;">The ad-hoc appeals committee chair will convene and record the hearing. Minutes will be kept of the proceedings. </li> | |||
<li style="margin-bottom:15px;">It is the chair’s responsibility to ensure that the hearing is conducted fairly. The chair will invite the involved parties to offer their testimony separately. The chair will determine the order of presentation and the relevancy of any evidence submitted and will direct the questioning of any witnesses. </li> | |||
<li style="margin-bottom:15px;">Ad-hoc members determine if there was misconduct. The ad-hoc committee chair will immediately notify the PGNA chair and ADAP of the decision, and within 2 university days submits a confidential report which describes the decision-making process, steps taken in the deliberation, and the decision. </li> | |||
<li style="margin-bottom:15px;">If the ad-hoc grievance committee identifies misconduct, the ADAP is responsible for timely corrective action in coordination with the faculty member’s division assistant dean, taking into consideration the recommendations of the ad-hoc grievance committee. Within 10 university days, the ADAP will distribute the conclusion and non-confidential recommended action(s) to the student. </li> | |||
</ol> | |||
====Grievance Resolution Appeal==== | |||
<ol style="max-width:67em !important;"> | |||
<li style="margin-bottom:15px;">The student and the persons involved under question have the right to file a written appeal to the CON dean within 10 university days of receiving the ad-hoc committee’s decision. </li> | |||
<li style="margin-bottom:15px;">Students who are not satisfied with the dean’s decision have the right to file a written appeal to the UNMC Vice Chancellor for Academic Affairs within 10 university days of receiving the dean’s determination. The student must show: | |||
<ul> | |||
<li> there is evidence that the grievance processes were not followed, and the failure to follow processes resulted in a decision adverse to the student, or </li> | |||
<li>there is evidence that their decision was based on an obvious error in interpreting the evidence or applying law and policy, and the error was material to the outcome of the grievance. </li> | |||
</ul> | |||
</li> | |||
<li style="margin-bottom:15px;">The Vice Chancellor of Academic Affairs will determine if additional steps are needed to ensure resolution. The determination of the Vice Chancellor of Academic Affairs is final. </li> | |||
</ol> | |||
<p style="margin-bottom:15px;max-width:70em !important;"></p> | |||
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====Academic Evaluation and Discipline related to Academic Integrity and Conduct Procedures==== | ====Academic Evaluation and Discipline related to Academic Integrity and Conduct Procedures==== | ||
<ol> | <ol style="max-width:67em !important;"> | ||
<li style="margin-bottom:15px;">It is recognized that students and faculty initiate, develop and maintain professional relationships in the teaching-learning process. To this end, it is strongly encouraged that students seek consultation with individual faculty whenever there are questions about the determination of a grade. In all cases, informal discussion between faculty and student is preferred to resolve any potential miscommunication in an evaluation that has been determined. As a result of this consultation, faculty will maintain the right to retain or change an evaluation. Factors such as misinterpretation of scoring, mathematical calculation, or other factors should be objectively discussed so that both faculty and student conclude the informal communication process with an understanding of the nature of the issue at hand.</li> | <li style="margin-bottom:15px;">It is recognized that students and faculty initiate, develop and maintain professional relationships in the teaching-learning process. To this end, it is strongly encouraged that students seek consultation with individual faculty whenever there are questions about the determination of a grade or disciplinary actions. In all cases, informal discussion between faculty and student is preferred to resolve any potential miscommunication in an evaluation that has been determined. As a result of this consultation, faculty will maintain the right to retain or change an evaluation. Factors such as misinterpretation of scoring, mathematical calculation, or other factors should be objectively discussed so that both faculty and student conclude the informal communication process with an understanding of the nature of the issue at hand.</li> | ||
<li style="margin-bottom:15px;">If, after the initial discussion cited in step #1 of this procedure, a student in the professional graduate nursing program (MSN, post-master, and DNP) believes that an evaluation has been rendered in an arbitrary or capricious manner, the student may discuss the concern with their faculty advisor, specialty coordinator or program director and if no resolution is reached, the student will be referred to the | <li style="margin-bottom:15px;">If, after the initial discussion cited in step #1 of this procedure, a student in the professional graduate nursing program (MSN, post-master, and DNP) believes that an evaluation or discipline has been rendered in an arbitrary or capricious manner, the student may discuss the concern with their faculty advisor, specialty coordinator or program director and if no resolution is reached, the student will be referred to the Division Assistant Dean. If no resolution is reached, the student will be counseled on the formal appeal procedure by the Assistant Dean. Based on this conversation, the student may or may not choose to proceed to seek a formal appeal of the evaluation. The role of faculty advisor, specialty coordinator, program director, or Division Assistant Dean, is one of neutral objective information sharing and consultation.</li> | ||
<li style="margin-bottom:15px;">If the student chooses to seek a formal appeal, the student must submit an official written appeal to the | <li style="margin-bottom:15px;">If the student chooses to seek a formal appeal, the student must submit an official written appeal to the chair of the Professional Graduate Nursing Affairs Committee and to the Associate Dean for Academic Programs within 10 days of receiving the evaluation. Upon receiving the student’s written statement, the Chair of the Committee may elect to meet with the student and faculty to understand the nature of the concern.</li> | ||
<li style="margin-bottom:15px;">If the appeal goes forward, the Associate Dean for Academic Programs (with consultation of the | <li style="margin-bottom:15px;">If the appeal goes forward, the Associate Dean for Academic Programs (with consultation of the committee chair) will appoint an ad hoc appeals committee. The ad hoc appeals committee will be comprised of no fewer than 5 individuals: 1 faculty chairperson, 2 faculty members, and 2 student representatives. The Dean of the CON will appoint the 2 student representatives. The student representatives will be from a specialty area different from the student who is appealing.</li> | ||
<li style="margin-bottom:15px;">All members of the ad hoc appeals committee will be equal voting members and will not have a conflict or competing interest in the outcome.</li> | <li style="margin-bottom:15px;">All members of the ad hoc appeals committee will be equal voting members and will not have a conflict or competing interest in the outcome.</li> | ||
<li style="margin-bottom:15px;">The ad hoc appeals committee chair will convene and record a hearing with the members of the committee. The | <li style="margin-bottom:15px;">The ad hoc appeals committee chair will convene and record a hearing with the members of the committee. The chair will conduct the meeting in a civil and non-threatening manner and there will be breaks as needed. The appeals committee chair or members may request any additional materials that they deem to be essential in the information gathering process. In addition, the committee may choose to meet with the faculty or student as needed. The student has a right to request to meet with the committee and to have a support person who cannot actively participate in the hearing, but confer with the student during the hearing.</li> | ||
<li style="margin-bottom:15px;">Upon conclusion of the hearing, the ad hoc appeals committee members will determine if there was the existence of arbitrary and capricious behavior. The chair of the Professional Graduate Nursing | <li style="margin-bottom:15px;">Upon conclusion of the hearing, the ad hoc appeals committee members will determine if there was the existence of arbitrary and capricious behavior. The chair of the Professional Graduate Nursing Affairs Committee will be notified at the conclusion of the hearing of the outcome to either support or not support the appeal.</li> | ||
<li style="margin-bottom:15px;">The | <li style="margin-bottom:15px;">The committee chair will communicate the findings of the ad hoc appeals committee to the involved faculty member, student, and specialty coordinator.</li> | ||
<li style="margin-bottom:15px;">The ad hoc appeals committee chair will write a report which describes the decision making process and steps taken in the deliberation, including the decision, and will send the report to the | <li style="margin-bottom:15px;">The ad hoc appeals committee chair will write a confidential report which describes the decision making process and steps taken in the deliberation, including the decision, and will send the report to the committee chair and to the Associate Dean For Academic Programs within 48 hours of conclusion of the hearing.</li> | ||
<li style="margin-bottom:15px;">The findings from the hearing will be communicated to the Professional Graduate Nursing | <li style="margin-bottom:15px;">The findings from the hearing will be communicated to the Professional Graduate Nursing Affairs committee members. The committee will vote to support or not support the recommendation of the ad hoc appeals committee.</li> | ||
<li style="margin-bottom:15px;">The faculty member involved in the appeal will receive the results of the decision of the vote (support or not support) from the | <li style="margin-bottom:15px;">The faculty member involved in the appeal will receive the results of the decision of the vote (support or not support) from the committee. If the faculty member disagrees with the committee decision, the faculty member has the right to appeal to the Dean.</li> | ||
<li style="margin-bottom:15px;">The student will be notified by the | <li style="margin-bottom:15px;">The student will be notified by the committee chair or by the Associate Dean for Academic Affairs of any changes in the findings of the proceedings.</li> | ||
<li style="margin-bottom:15px;">If the appeal is not supportive of the student, the student may request deliberation by the Dean | <li style="margin-bottom:15px;">If the appeal is not supportive of the student, the student may request deliberation by the Dean. The Dean will deliberate the issue and make a determination of the final decision of the appeal. The Dean shall affirm, modify, or reverse the decision as she deems proper.</li> | ||
</ol> | </ol> | ||
====Grievance Resolution Procedure==== | ====Grievance Resolution Procedure==== | ||
<p style="margin-bottom:15px;">Students have the right to file a grievance against faculty for violations of the UNMC Code of Conduct or other relevant policies, and grievances related to conditions that adversely impact the student’s ability to successfully complete the professional graduate nursing programs. Students are referred to the UNMC Graduate Studies Student Policies item Graduate Student Grievance Resolution Procedure section 2 ( | <p style="margin-bottom:15px;max-width:70em !important;">Students have the right to file a grievance against faculty for violations of the UNMC Code of Conduct or other relevant policies, and grievances related to conditions that adversely impact the student’s ability to successfully complete the professional graduate nursing programs. Students are referred to the UNMC Graduate Studies Student Policies item Graduate Student Grievance Resolution Procedure section 2 (https://catalog.unmc.edu/general-information/student-policies-procedures/grievance-resolution/) for the contact person to help with a grievance that is not against a UNMC faculty member.</p> | ||
<p style="margin-bottom:15px;">Corrective action against professional graduate nursing faculty is under the purview of the CON Associate Dean for Academic Programs in coordination with the CON Division Assistant Dean of the faculty member’s primary unit. </p> | <p style="margin-bottom:15px;max-width:70em !important;">Corrective action against professional graduate nursing faculty is under the purview of the CON Associate Dean for Academic Programs in coordination with the CON Division Assistant Dean of the faculty member’s primary unit. </p> | ||
<ol> | <ol style="max-width:67em !important;"> | ||
<li style="margin-bottom:15px;">It is recommended that the first course of action involve a discussion between the student and the faculty member involved to resolve the issue. If discussion with the involved faculty member is not possible or is not effective, the student should discuss the issue with the | <li style="margin-bottom:15px;">It is recommended that the first course of action involve a discussion between the student and the faculty member involved to resolve the issue. If discussion with the involved faculty member is not possible or is not effective, the student should discuss the issue with the appropriate program director or the Associate Dean for Academic Programs. If the issue cannot be resolved informally, and the student wants to proceed with an investigation of the incident(s), then the student submits a written complaint within 60 class days of the incident to the Associate Dean for Academic Programs. The complaint should attempt to identify the following: the student grievant, the respondent faculty member, any other person(s) involved, the incident including approximate date and time, the limitation of the student’s ability to complete the degree and a brief statement of the remedy sought. </li> | ||
<li style="margin-bottom:15px;">Every complaint will be acknowledged by email correspondence from the Associate Dean for Academic Programs within 5 class days. At this stage, the faculty member involved will be notified that a grievance has been filed against them and the nature of the grievance. </li> | <li style="margin-bottom:15px;">Every complaint will be acknowledged by email correspondence from the Associate Dean for Academic Programs within 5 class days. At this stage, the faculty member involved will be notified that a grievance has been filed against them and the nature of the grievance. </li> | ||
<li style="margin-bottom:15px;">Within 10 days of the acknowledgement of the complaint, the Associate Dean for Academic Programs will meet with the student and the faculty involved separately to determine whether a preliminary resolution can be reached, If a preliminary resolution cannot be achieved, the Associate Dean for Academic Programs shall notify both parties that the grievance will be referred to an ad hoc grievance committee that is comprised of members referred to in items 4 and 5 of the Academic Evaluation and Discipline related to Academic Integrity and Conduct Procedure in this appendix. Every attempt will be made to provide a gender mix of the student members of the grievance committee. </li> | <li style="margin-bottom:15px;">Within 10 days of the acknowledgement of the complaint, the Associate Dean for Academic Programs will meet with the student and the faculty involved separately to determine whether a preliminary resolution can be reached, If a preliminary resolution cannot be achieved, the Associate Dean for Academic Programs shall notify both parties that the grievance will be referred to an ad hoc grievance committee that is comprised of members referred to in items 4 and 5 of the Academic Evaluation and Discipline related to Academic Integrity and Conduct Procedure in this appendix. Every attempt will be made to provide a gender mix of the student members of the grievance committee. </li> | ||
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<li style="margin-bottom:15px;">The ad hoc grievance committee will submit a formal confidential report to the Associate Dean for Academic Programs. If the ad hoc grievance committee identifies misconduct, the Associate Dean for Academic Programs is responsible for timely corrective action in coordination with the Division Assistant Dean of the faculty member’s primary unit, taking into consideration the recommendations of the ad hoc grievance committee. Within 10 days, the Associate Dean for Academic Programs will distribute the conclusion and non-confidential recommended action(s) to the student. </li> | <li style="margin-bottom:15px;">The ad hoc grievance committee will submit a formal confidential report to the Associate Dean for Academic Programs. If the ad hoc grievance committee identifies misconduct, the Associate Dean for Academic Programs is responsible for timely corrective action in coordination with the Division Assistant Dean of the faculty member’s primary unit, taking into consideration the recommendations of the ad hoc grievance committee. Within 10 days, the Associate Dean for Academic Programs will distribute the conclusion and non-confidential recommended action(s) to the student. </li> | ||
<li style="margin-bottom:15px;">Either or both the student and the faculty member under question have the right to file a written complaint to the Dean of the College of Nursing and the UNMC Faculty Senate Professional Conduct Committee Chair if they are not satisfied with the grievance appeal. </li> | <li style="margin-bottom:15px;">Either or both the student and the faculty member under question have the right to file a written complaint to the Dean of the College of Nursing and the UNMC Faculty Senate Professional Conduct Committee Chair if they are not satisfied with the grievance appeal. </li> | ||
</ol> | </ol>--> |