Committee on Privilege and Tenure
Annual Report 2000-2001
Gary Armitage, DDS, MS
During the 2000-01 academic year, the Committee on Privilege and Tenure met as a Committee on multiple occasions.
Issues reviewed and acted on by the Committee included:
- One disciplinary action.
- Three grievances.
- Revisions to Systemwide Senate Bylaws 335 and 195.
- Consideration of Division Privilege and Tenure Bylaw.
At the request of UCSF Senate Chair Lawrence Pitts, the Committee considered revisions to the systemwide bylaws regarding the Senate Privilege and Tenure Committees. The Committee approved of revisions to Senate Bylaws 335 and 195, which govern the procedures and standards for Senate Privilege and Tenure Committees (e.g., jurisdiction; grievance, disciplinary and early termination procedures; and committee membership). Previous Senate Bylaw 335 became new Senate Bylaws 334, 335, 336 and 337 in order to enumerate more clearly the separate procedures for jurisdiction, grievances, disciplinary actions and early termination. The bylaw revisions were enacted May 23, 2001.
The Committee notes that Senate Bylaw 335(B)(1) ("Preliminary Procedure in Grievance Cases") is a particularly important change. This change clarifies the procedures for appointment of a panel of former Committee members to discuss potential grievances with faculty. As a result, current Committee members will be available to serve on Hearing Committees without having to exclude themselves because they had previously discussed the merits of a case with the grievant. Another significant change is the addition of a statute of limitations that bars commencement of a grievance or disciplinary action after three years have elapsed. See Senate Bylaws 335(B)(6) and 336(B)(4) for the complete text.
The Committee worked on several issues at the Division level.
Grievances and Disciplinary Actions
Pursuant to Senate Bylaw 335, the Committee concluded the review of one grievance file, finding that there was insufficient reason to believe the grievant’s rights had been violated.
The Committee met and determined that two new grievances (unrelated to one another) both stated a prima facie case as defined in the recently revised Senate Bylaw 335 (enacted May 2001). The Committee is now conducting a preliminary review of each grievance to assess whether the grievant’s rights and/or privileges have been violated.
The Committee also conducted a disciplinary hearing. One ruling made by the Committee in the course of the hearing is relevant to future hearings. The Committee ruled that it is beyond the Committee’s jurisdiction to dismiss formal charges in a disciplinary matter. Once formal charges have been filed with the Committee, the Committee shall, according to Senate Bylaw 335, appoint a hearing committee, and each party shall have the right to present its case or defense by oral or documentary evidence. Thus both parties, including the campus, must be allowed to present a case.
Consideration of Divisional Privilege and Tenure Bylaw
At the request of Senate Chair Lawrence Pitts, the Committee reviewed its bylaw. The Committee determined that no changes to the Committee bylaws were necessary at this time.
Issues for 2001-2002
- Determination regarding open grievances.
- Appointment of an individual or panel (preferably former Committee members) who shall be available to any grievant to discuss the claim of violation of rights and privileges and to provide advice on the appropriate procedure to be followed (pursuant to Senate Bylaw 335(B)(1)).
Committee on Privilege and Tenure
Gary Armitage, Chair
J. Henry Ralston, Vice Chair
Jeanine Wiener-Kronish, UCP&T Liaison
Sr. Senate Analyst