Supplemental CGAAF Committee Rules and Guidelines for Complaints

I. CGAAF Pre-Hearing Procedures for Complaints

A.      The chancellor or the chancellor's designated administrative representative, who should be a member of the UW-L academic community, shall initiate the complaint process by submitting a written formal complaint to the chairperson of CGAAF.  This complaint shall provide complete documentation of the alleged misconduct as specified in UW-L 6.01-2. The committee shall hear complaints only during the Fall and Spring semesters unless a simple voting majority determines that there is a compelling and demonstrated need for hearing the complaint outside the two semester framework.

 

    1. Within 7 calendar days of receipt of the complaint, the chairperson shall provide the accused faculty member with a complete copy of the complaint and request a response in writing within seven calendar days.
    2. In turn, the chancellor or the chancellor's designated administrative representative shall be provided with a copy of the response referred to above in Section IA1 no less than seven calendar days prior to the scheduled hearing date.
  1. The CGAAF Committee convenes to determine the membership of the hearing committee for the  complaint at hand (see Section II).  The CGAAF Committee also determines whether to designate the upcoming meeting as open or closed.  However, if the accused faculty member requests an open meeting, then such shall be granted, provided state law allows.  If a hearing is designated to be closed, then the committee will allow each party to have one advisor in attendance.

 

    1. Written notice of a hearing shall be provided to all parties involved at least ten calendar days prior to the scheduled hearing date.
    2. The hearing shall be held no later than  21 calendar days after the receipt of the complaint unless this time limit is extended by mutual consent of the parties or by order of the CGAAF Committee as stipulated in UWL 6.01-3.
  1. Once the chancellor or the chancellor's designated administrative representative submits the original complaint, as described above in Section IA, no additional allegations will be considered.  All written communications with the Committee concerning the complaint will be transmitted through the active CGAAF chairperson to all parties to the complaint and to the Committee members.  However, no new materials pertaining to the initial complaint shall be accepted during the 48 hours that precede the scheduled hearing.

 

  1. The CGAAF Committee shall preserve the confidentiality of materials contained within a complaint to the extent that this is possible without violating due process requirements.

II. CGAAF Hearing Committee Selection for Complaints

  1. The CGAAF hearing committee will consist of the full CGAAF Committee membership minus all removals specified under Sections II C, D and E below.  In the event that the presiding chairperson of CGAAF is removed, the remaining CGAAF members will subsequently elect a chairperson pro tem to assume the full set of responsibilities elsewhere specified in this document as attaching to the CGAAF chairperson.

 

  1. Each removal of a hearing committee member will empower the CGAAF chair to activate one alternate member of the committee from the pool (of six) with a minimum of delay.  Alternates from departments not already represented on the hearing committee will be accorded preference over others.
  1. No person shall serve on any CGAAF hearing committee who has a common departmental affiliation with the accused faculty member.  Likewise, any committee member (inclusive of alternates) who has any direct personal involvement in the complaint before the committee will be removed.  The final determination of all  removals shall be determined by majority vote of the CGAAF committee members.
  1. CGAAF members and alternates who wish to remove themselves from the  hearing for reasons acceptable to the committee shall do so.
  1. CGAAF members and alternates who cannot be in constant attendance throughout the hearing of the  complaint shall be removed from the hearing committee membership under the authority of the chairperson.

III. Conditions Warranting Denial of a Formal CGAAF Hearing for a Complaint:  Once the chancellor or the chancellor's designated administrative representative submits a formal complaint to the CGAAF Committee, the committee must hear the  complaint.  Similarly, once the chancellor or the chancellor's designated administrative representative disciplines a faculty member on the basis of a complaint that has not been heard by CGAAF, and the faculty member requests a hearing of that complaint, the committee must conduct a hearing.  The same timeline as specified in I A will be followed.

IV. The CGAAF Hearing for Complaints

  1. Each party has the right to  advisor and/or other representatives.  The advisor and other representatives should be members of the UW-L academic community.  The role of such representatives is advisory only.  The advisor and representatives may not make presentations or give summaries or ask questions on behalf of the parties involved, nor may they directly answer questions directed at either party.  The committee will not debate these committee rules while convened for the purpose of a hearing or making decisions regarding complaints.

 

  1. The following presentation format will be employed.  No new allegations may be introduced during the hearing of a complaint.  However, additional allegations may be initiated under a new complaint.
    1. Summary oral introduction  by the chancellor or the chancellor's designated administrative representative—circa five minutes.

 

    1. Summary oral introduction of the accused faculty member's response—circa five minutes.
    1. The chancellor's or the chancellor's designated administrative representative's detailed  presentation inclusive of all supporting documents and oral comment pertinent to the  allegations.
    1. The accused faculty member's response to same.
    1. Other parties' questioning of the accused faculty member (if desired).
    1. The accused faculty member's questioning of the other parties (if desired).
    1. General questions by the hearing committee to the accused faculty member and the other parties to the complaint.
    1. Additional  oral presentation pertinent to the complaint may be invited at the discretion of the CGAAF chairperson.
    1. In the event that significant new factual material is introduced during the oral presentation period, then the CGAAF hearing committee may, by majority vote, postpone the continuation of the hearing as appropriate.
  1. The approved minutes recorded by the secretary during the hearing shall constitute the official record of the proceedings.

 

  1. At least two thirds of the members of the hearing committee must concur in a finding of misconduct and in a recommendation of severe sanctions if such a finding and recommendation are to be reported to the chancellor.  Otherwise, a finding of no serious misconduct warranting severe sanctions shall be reported.  The committee may by majority vote of those hearing the complaint recommend a minor sanction.  If the committee finds sanctions are not warranted, it shall recommend dismissal of the complaint, as specified in UWL 601-4a. However, the committee may recommend referral to appropriate officials or groups for informal resolution of remaining issues. 

V.  The CGAAF Committee Report for Complaints

  1. The CGAAF Committee shall submit a report of its findings and recommendations to the chancellor, to the Executive Committee of the Faculty Senate, to the accused faculty member, and to all parties to the complaint within ten days after the conclusion of its proceedings, as specified in UWL 6.01-4b.

 

  1. Within ten days after the transmittal of the report, parties to the complaint may file written objections with the chancellor, as specified in UW-L 6.01-4b3-4.  Any objections must be based solely on the official record of the proceedings.
  1. All parties to the complaint have the right to request a copy of the official record of the proceedings and the committee report.
  1. The chancellor's decision upon receiving the report of the CGAAF Committee is final and may only be appealed by petitioning the Board of Regents who may or may not choose to grant a further review of the matter (UWS 6.01-5).
  1. Retention of all  documents pertaining to the hearing of a complaint, inclusive of the chancellor's final decision, shall be kept in the Office of Human Resources until their designated time of storage expires.
  1. The chancellor shall communicate the final disposition of the complaint to the Executive Committee of the Faculty Senate, to the accused faculty member, to all parties to the complaint and to the chairperson of the CGAAF Committee to be shared with committee members.