It is in the best interest of all parties to settle conflicts promptly and properly, without fear of prejudice or reprisal. The complaint and grievance process is designed to achieve settlement that meets these goals in cases of interpersonal conflicts and policy disputes, with preference for informal agreement rather than litigation. Individual rights, including academic freedom, are protected. It is the intent of the University and of these provisions that the processes detailed in Section 16 be the sole avenue for addressing complaints and/or grievances.

Throughout these procedures, maximum time limits are noted. Unless these are extended by mutual agreement of the parties, failure to act as specified within time limits will be de facto evidence of acceptance of the other party's claims. Section 16.3.7 contains specific information concerning time limits and extensions.

Complaints can usually be resolved informally without resort to formal grievance. In three types of cases, however, the process moves directly to the grievance stage: complaints against sanctions brought after Special Review (Section 5.6); disputed dismissals, suspensions and/or reassignments (Section 8); and harassment complaints (Section 9.7). In all other cases, a non-confrontational approach is preferred, as outlined below.

Biblical principles call on all to promote congenial relationships among colleagues and to provide careful and caring administrative review. These goals are best served by complaint procedures which are informal and aimed at agreeable resolution rather than grievances. Nevertheless, certain parts of the informal process must be documented so that they may be referred to later if the case becomes a grievance. It is understood that no offer of settlement may be used as evidence at a later stage in the process, and no offer or resolution shall be taken as precedent for future similar complaints or grievances. If the complaint is against an action of an individual, the complainant will follow paragraph A below. If the complaint is against an action of a committee, the complainant will follow paragraph B. In either case, paragraph C applies

1. Complaint against an individual. Within 15 days after the complainant knows or should have known of a questioned action, the complainant must write a letter of concern to the dean citing Section 16 and generally describing the action which the complainant believes may have been in error. The dean will acknowledge the letter in writing within three days and schedule a meeting with the complainant within five additional days. As a general rule, at all meetings concerning complaints, the Chair of the Faculty Council will be invited to participate as ombudsperson, but not as advocate for any side. At this meeting, participants will attempt to reach a resolution of the complaint. If resolution is not reached, the dean may or may not choose to support the complainant’s case in further discussions.

   If this meeting does not reach a resolution, the complainant may choose to discuss the matter with the Vice President for Academic Affairs. If the complaint is against the Vice President for Academic Affairs, the complainant will contact the chair of the Faculty Affairs Committee within the same time limits as those specified for contacting the Vice President for Academic Affairs. The first meeting with the Vice President for Academic Affairs will be held no later than 30 University business days after the date of the letter of concern. Again, participants will attempt to reach a resolution by informal means. If a solution is not reached, the Vice President for Academic Affairs may recommend other approaches, which may include a recommendation that the complainant file a grievance under the provisions of Section 16.3.2.

2. If the complaint is against a committee, the complainant shall write a letter of concern, bound by the same time limits as were described in paragraph A, to the chair of the committee or of the Faculty Council. This letter of concern will identify the committee action which the complainant believes may have been in error. The chair of the Faculty Council or of the committee will acknowledge the letter in writing within 5 days and schedule a meeting with the complainant no later than 10 days after the letter is submitted. As in the case of complaints against individuals, the chair of the Faculty Council shall be invited as ombudsperson or, if the letter of concern was addressed to the chair of the Faculty Council, the chair-elect of the Faculty Council shall serve in this role. As a result of this meeting, participants may agree on a solution, or the committee chair may or may not ask the committee to reconsider the action.

   If resolution is not reached and the committee does not reconsider the action, the complainant may discuss the issues of concern with the Vice President for Academic Affairs, in which case the first meeting with the Vice President for Academic Affairs must be held no later than 30 days after the date the letter of concern was submitted. If the Vice President for Academic Affairs supports the complainant, the Vice President for Academic Affairs will within 10 days after the meeting present to the relevant committee a request to reconsider the action.

3. At all meetings, to assure that the rights of all parties are protected, participants shall sign a note acknowledging that the meeting occurred. Both parties shall keep copies of this note.

If resolution has not been reached through the complaint procedures, or a complaint is against sanctions placed by special review (Section 5.6), dismissal, suspension, or reassignment (Section 8), or procedure pursuant to alleged harassment (Section 9.7), the complainant has the right to file a letter of grievance with the Faculty Affairs Committee. This letter shall contain a written description of the alleged erroneous or unfair treatment or discrimination, or the alleged improper process. Statements must be detailed and accurate, to the best of the grievant's knowledge and belief, and shall include at least

1. the nature of the grievance, the circumstances out of which it arose and, where applicable, the Handbook provisions violated,
2. the respondent(s); and
3. the remedy or corrective action sought.

The letter must be submitted to the Faculty Affairs Committee no later than 10 days after the date of the action of the Vice President for Academic Affairs, or no later than 25 days after assessment of sanctions following special review, dismissal, suspension, reassignment, or procedure pursuant to alleged harassment.

1. No later than three University business days after receiving the letter of grievance, the Faculty Affairs Committee shall send copies of the letter of grievance to all respondents, to the Vice President for Academic Affairs, and to the President, and will in writing acknowledge to the grievant that the letter of grievance has been received.
2. The Faculty Affairs Committee will collect pertinent documents and conduct discussions with and/or between the parties, at all times preserving the confidentiality of its proceedings. The committee will not substitute its judgment on the merits of the case for that of the deciding person or persons, but may request further consideration or reconsideration of specific information.
3. When a grievance is resolved by these informal methods, the resolution shall be put into writing by the Faculty Affairs Committee and given to all parties. Such resolutions shall not constitute a binding precedent in the disposition of similar grievances. No offer of settlement of a grievance by either party, and no suggested resolution, shall be admissible as evidence in formal grievance proceedings or elsewhere.
4. If the grievance has not been settled by informal means, the Faculty Affairs Committee shall ask the Faculty Council to appoint and summon an ad hoc grievance committee of three tenured faculty members. The Faculty Council shall not be informed of the particulars of the case, but shall have sufficient information to assure that at least one grievance committee member is a member of the grievant’s academic unit (school or division), that at least one is a member of another academic unit, and that no member is the dean of the grievant’s academic unit. No member of the grievance committee may be a member of the Faculty Affairs Committee or the Faculty Council, or have a conflict of interest in the grievance.
5. The grievance committee may attempt to resolve the grievance through discussion or mediation before proceeding to full grievance procedures, but in any case shall:
   1. ensure that confidentiality, accountability, and correct procedures are followed;
   2. investigate allegations;
   3. hold hearings unless the right to formal hearings is waived by all parties;
   4. report findings to the Faculty Affairs Committee and make recommendations to the President or, if the President is a direct party to the grievance (e.g. in a grievance alleging that dismissal followed incorrect procedures, or as grievant), through the President to the chair of the Board of Trustees; and
   5. transmit the master file of materials to the office of the President unless the President is a direct party to the grievance, in which case the file shall be transmitted to the chair of the Board of Trustees.

1. A. If the grievance has not been resolved by informal means, and if all parties have not agreed to waive a hearing, the grievance committee will, no later than 15 days after being appointed, set a date, time and place for the grievance hearing that is agreeable to all parties and to the grievance committee. The grievance hearing will begin no less than 10 and no more than 20 days after completion of these arrangements.
2. The hearing shall be conducted in private. Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case are prohibited until the proceedings have been completed. Legal counsel will not be present at the hearing. Each party shall be permitted to choose an advisor from within the University community, who shall not be any person who will receive recommendations from the grievance committee. Such advisors shall be permitted to be present at the hearing. At the request of either party or the grievance committee, a representative of a responsible educational association shall be permitted to attend the proceedings as an observer.
3. Evidence must have direct bearing on the charges. All parties are entitled to discovery of evidence in advance. The committee will grant adjournments to enable either party to investigate evidence to which a valid claim of surprise is made.
4. All parties will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The University will make a demonstrated effort to obtain the cooperation of such witnesses and will make available necessary documents and other evidence within its control, within the boundaries of appropriate disclosure.
5. Each party will have the right to confront and cross-examine all witnesses. Where a witness cannot or will not appear, but the committee determines that the interests of justice require admission of the witness's statement, the panel will identify the witness, disclose the statement and make a demonstrated effort to provide for interrogatories.
6. In all cases except dismissal or suspension, the burden of proof shall be on the grievant. In cases of dismissal or suspension, the burden of proof that adequate cause exists shall be on the respondent. The burden of proof shall be satisfied by the record considered as a whole.
7. The grievance committee will not be bound by strict rules of legal evidence, and may admit any evidence which is of probative value in determining the issues involved. Both parties and the committee are charged to attempt to obtain the most reliable evidence available.
8. A verbatim record of the hearing or hearings will be made and will be available in its entirety to either party upon request, without personal cost to the party. The verbatim record shall become a part of the official record of the grievance proceeding. The verbatim record, or portions thereof, may be referenced as evidence in any appeal. If one or more parties request a written transcript, the expense of producing the transcript shall be divided among the parties requesting the transcript.
9. The grievance committee’s advisory decision will take the form of findings of fact, conclusions, and recommended disposition of the grievance. These findings, conclusions and recommendations must be based solely on the record of the hearings, pertinent University procedures as set forth in the Handbook, and the laws of the State of Washington and the United States of America.
10. The grievance committee shall present its advisory decision in writing no later than 10 days after the conclusion of the hearing to both parties and to the President of the University. The committee may choose to submit majority and minority reports. The advisory decision or the majority report may be accepted or rejected by either party. Such rejection or acceptance by each party will be communicated in writing to all parties, including the President of the University, within five days after receipt of the decision.

Either party may, within 10 days of receiving the advisory decision, file a written appeal to the President, who shall review the record and respond within 15 days as to the final disposition of the grievance within the institution.

If the President is a direct party to the grievance, the grievant(s) may file an appeal with the Chair of the Board of Trustees, no later than 10 days after receiving the President's decision. The Executive Committee of the Board of Trustees will review the record of the case at its next meeting and will render a final decision on the grievance to all parties no later than 10 business days after that meeting. If the Executive Committee of the Board of Trustees consults with the President, either formally or informally, concerning the grievance, it shall also consult with the grievant(s). If the Executive Committee of the Board of Trustees determines that it has insufficient information to render a decision, it shall declare an extension of time and shall request the necessary information from the ad hoc adjudication panel.

If either party to the grievance requests that the grievant be examined medically, the adjudication panel shall decide whether an independent medical opinion would be of significant help in its deliberations. If the panel decides to do so, it may require the faculty member to undergo a medical examination by an appropriate, mutually agreed to professional at the requesting party's expense. If the grievant fails to comply with such a requirement by the adjudication panel, the panel will find in favor of the respondent.

The actuality that a grievance is contemplated or in process shall not prevent the University from proceeding on the basis of the decision(s) named in the grievance; nor shall the grievance be denied because the action has taken place. This provision extends to all cases, but is especially significant in cases of termination: the University may terminate the employment of an individual for any of the reasons described in Section 8, but so long as time requirements are met, termination of employment shall not be grounds for denying the right to grievance.

Time limits throughout Section 16 are, as noted in the “definitions” paragraphs (Section 16.2.4), in University business days. Complaints or grievances based on events which occur within 10 days before a Christmas or summer break, or during such periods are subject to time limits as if they had occurred on the first day of class of the next quarter. Time limits for any step of this process may be extended by a written agreement signed by all responsible parties or participants at that step (e.g. consulting dean, the Vice President for Academic Affairs, chair or grievance committee). Such a letter of extension must include a specific date for the new limit. No extension may be accepted without a written agreement. If either party fails to agree to a reasonable request for time extension, the other party may appeal to the Vice President for Academic Affairs (in the case of a complaint) or the grievance committee (in the case of a grievance) for a decision.

Unless time limits are extended in accordance with these provisions, failure to act as specified within time limits will be de facto evidence of acceptance of the other party’s claims. Failure at any step to communicate a decision or recommendation within specified time limits shall permit the grievant to proceed to the next step. Failure at any step to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.