Policy 13: Complaints

Adopted: September 2003

The Wright State University School of Medicine (School) is committed to providing an environment in which faculty may raise and resolve issues without fear of intimidation or retaliation.

Faculty should try to resolve issues through the appropriate channels in their own department. This policy applies in circumstances when the faculty member is not satisfied with the response received from his or her department, or the faculty member is uncomfortable presenting concerns at the department level.

This policy is intended to promote a prompt resolution of complaints, while preserving the right of all faculty to have their concerns addressed in a protected and confidential manner. All parties shall treat all deliberations and discussions relating to a complaint confidentially.

This policy does not apply to appeal of non-continuance or termination. Due process applicable to those decisions is described in the Bylaws of the Faculty of Medicine. The Collective Bargaining Agreement (CBA) supersedes this policy for bargaining unit faculty. The policies and procedures of their employing institution supersede this policy for institutional faculty.

This policy serves as the due process mechanism for disposition of complaints made by School faculty who are university employees and are not subject to the terms of the CBA. Complaints involving discrimination or sexual harassment should be submitted to the Office of Affirmative Action.

Informal Complaints

Faculty should present complaints to the associate dean for faculty and clinical affairs, or other School administrator whom the faculty believes is most likely to be able to resolve the complaint. Faculty should state that they are using the informal complaint system when making the presentation.

The faculty member and the administrator will discuss the complaint within five (5) working days of the request for a discussion. Unless otherwise agreed by both parties, only the faculty and the administrator will be present to discuss the complaint.

The administrator's communication with other involved parties will attempt to clarify sources of conflict and identify possible avenues of resolution. As needed, the administrator will also seek information concerning policies, procedures, directives, and regulations relevant to a satisfactory resolution.

The administrator will give a response in writing to the complainant within ten working days, unless an extension is mutually agreeable to the administrator and the complainant.

Formal Complaints

In the event the complaint is not resolved informally, a formal complaint may be made. Formal complaints must be made no later than twelve (12) months after the event(s) which led to the complaint, or no later than twelve (12) months after the complainant became aware of the event(s). The complaint must be made in writing to the dean and include:

• The event(s) giving rising to the complaint
• The date of the event(s) and, if different, the date on which the complainant became aware of the event(s)
• The requested resolution
• The administrator's response to informal complaint.

Within 30 days after the receipt of the formal complaint, a panel shall be convened to review the complaint. The panel will examine the complaint and make recommendations, while assuring fair treatment for all parties.

The panel will consist of three faculty members; with one of the three members appointed as chair.

• The dean will appoint one member of the panel.
• The complainant may nominate one of the three members. Within ten working days of requesting the review, the complainant may submit a list of two to five nominees. The dean will select one nominee from the list to serve on the panel.
• The chair of the Faculty Promotion and Advancement Committee will appoint one member of the panel.

The panel shall conduct a formal closed hearing, providing the complainant and other parties reasonable opportunity to introduce evidence and to examine and cross-examine witnesses. A colleague may accompany and advise the complainant. The panel shall render a written recommendation to the dean within ten working days of the conclusion of the hearing.

The dean shall take such action as is deemed necessary to assure that all parties have been afforded due process and received fair treatment. The dean can confirm the panel recommendation, can render an alternative decision, or can remand the case back to the panel for further hearing. If the complainant is dissatisfied with the decision of the dean, the complainant may appeal the decision to the provost.

Updated November 8, 2011 (sho)