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29.				The Committee on Grievance is a faculty Committee created to provide faculty members with an internal process in which colleagues can hear and attempt to resolve matters pertaining to an individual faculty member's employment. The Committee's membership, jurisdiction, and procedures are discussed in this policy. Procedural issues may be further elaborated by the Committee through the adoption of operating procedures consistent with the policy.
(a)				Membership The Committee on Grievance shall consist of five members of the faculty, of whom two shall be from the permanent staff and three from either the permanent or the temporary staff. Three additional members of the faculty from either the permanent or temporary staff shall stand in reserve for service on the Committee if one or more of the regular members be disqualified for consideration of a case by a conflict of interest. When the services of a faculty member standing in reserve are required, the choice of which faculty member is to serve shall be such as to maintain membership as outlined in section 29 (a) (1). At the beginning of each case, the question of whether a conflict of interest exists for a member of the Committee shall be decided, and the choice of the alternate member shall be made by the regular members of the Committee on Grievance, the member(s) in question abstaining. A member of the Committee has a conflict of interest if: (i) The member is a member of the department or program of the petitioner; (ii) The member has herself or himself previously voted in any capacity in the case being brought to the Committee; or (iii) The member is a current or former family member of the petitioner. No currently serving members of the administration or of the Committee on Tenure and Promotion shall be eligible for election to or service on the Committee on Grievance. Each year the members shall elect one of their number as Chair.
(b)				Terms of office, nomination and election Members of the Committee shall be elected for staggered terms of three years. A member of the Committee shall not be eligible for re-election until after a period of time equal to that individual's term of office on the Committee Nominations and elections shall be made in accordance with the provisions in section 47 of the Faculty Code. The members of the Committee shall nominate as many candidates from the faculty as necessary so as to maintain membership as outlined in sections 29 (a) (1),(2) and (b)(5). The ballot shall list all candidates, those nominated by the Committee and those nominated by the faculty-at-large. It is recommended that nominees be selected so as to provide representation of each Division on the Committee. The three members of the faculty who are next in line for election to the Committee (after the election of the regular members) shall stand in reserve for service in cases of conflict of interest, as provided in section 29 (a) (3).
(c)				Jurisdiction, Content of Petitions, and Mandate The Committee on Grievance shall review petitions of grievance presented by a faculty member pertaining to the individual's employment. Matters that do not pertain to the individual's employment may be referred to other boards or offices at the College. While a petition may describe a violation of state or federal law as well as a violation of College policy, the Committee on Grievance does not make determinations with respect to violations of laws including those of the Commonwealth of Massachusetts or the federal government. The Committee limits its consideration to whether or not the described violation is a violation of College policy. Petitions of grievance must be in writing and shall include the basis for the grievance in terms of: (i) violations of College policy including but not limited to: the Statement of Academic Freedom and Freedom of Expression, Appendix A; the Smith College Statement of Nondiscrimination, Appendix J; and the Smith College Equal Employment Opportunity Policy, Appendix K; or (ii) irregularities in the application of procedures, policies, or administrative decisions; or (iii) the application of inappropriate considerations or criteria in the execution of procedures or policies of the College. Petitions of grievance shall also include: (i) the nature of the grievance specifically stating the decision or action giving rise to the petition; (ii) a chronology of events leading to the decision if applicable; and (iii) the names of other persons involved in making the decision if possible. The Committee on Grievance may require reconsideration of the application of procedures or of a decision by the body involved in the petition of grievance. The Committee on Grievance shall not substitute its substantive judgment for that of the body whose actions are questioned by the petition of grievance.
(d)				Procedures If any faculty member thinks that he or she has cause for grievance in any matter over which the Committee on Grievance has jurisdiction, that faculty member may present a petition to the Committee on Grievance for consideration. The petition shall be in writing and shall set forth in detail the nature of the grievance as described above. Petitions shall be filed within thirty (30) days of the petitioner's being notified of the decision or action giving rise to the petition. The Committee may extend this period of time at its discretion. A petitioner who is on sabbatical or on a leave or is for some other reason away from campus should inform the Committee of her or his preference with respect to proceeding with the petition while away or putting the petition on hold until she or he has returned to campus. The Committee will abide by the preferences of the petitioner in this regard unless there are extenuating circumstances which, in the judgment of the Committee, require immediate consideration of the petition. The Committee shall have the right to decide whether or not the allegations are sufficient to merit consideration by the Committee. Submission of a petition does not automatically result in consideration of the petition by the Committee. The Committee shall determine whether the petition is within its jurisdiction based on the jurisdictional statement in this policy. If it is not, the petitioner may seek the Committee's help in deciding where the petition may be brought. If the Committee has jurisdiction and the petition has sufficient merit to be considered, the Committee shall initiate a review as soon as practicable and with all reasonable speed. If subsequent consideration by a College body is contingent upon the outcome of the review, the Grievance Committee shall notify the Provost and Dean of the Faculty that the petition is being considered and she or he will suspend all subsequent considerations until the conclusion of the review. The Committee shall, upon written request, have access to all documents which it deems pertinent to the case and may invite individuals or groups to appear before it. The Committee shall be empowered to indicate to each department, program, committee, and administrative body or office a reasonable date by which information must be received. If requested information is not forthcoming in the time alloted and if the Committee finds no compelling reason for the delay, the Committee shall proceed using it's best judgment. The written decision of the Committee is provided to the petitioner, to the body or person whose action or decision gave rise to the petition and to the Provost and Dean of the Faculty and generally includes at least the following. (i) whether or not a violation of College policy occurred; (ii) whether or not a procedural irregularity occurred in the application of a procedure, policy or administrative decision; (iii) whether or not an inappropriate consideration or criterion was applied in or affected an administrative decision or action regarding the petitioner's employment, and (iv) whether a procedural irregularity, an inappropriate consideration, or a violation of policy requires that the decision be reconsidered by the original decision maker or body. If the Committee orders a reconsideration, it may, at its discretion, provide a statement to the petitioner, the body or person involved in the reconsideration, and the Provost and Dean of the Faculty explaining any issues it determines the reconsideration body should consider. The Committee may require the presence of a monitor during reconsideration of a decision. The monitor may participate in the discussions leading to the reconsidered decision, but may not vote. Each monitor shall be a tenured