Grievances Within the FGRB’s Jurisdiction

The jurisdiction of the Faculty Grievance Review Board (FGRB) shall include Faculty grievances of all types, except for issues subject to an appeal or review process covered in another policy or rule, and except for the following non-grievable issues:

  1. Job direction, including coaching, counseling, and documented warnings provided for purpose of improving work performance;
  2. Non-renewal of annual employment contract during probationary period of a tenure-track Faculty member, unless a violation of policy, rule or procedure, or the letter of hire is alleged;
  3. The merits of promotion and tenure final decisions except for alleged violation(s) of policy, rule or procedure. (See Promotion and Tenure Rules);
  4. Disputed matters that fall within the jurisdiction of another NMSU Entity or hearing body, including but not limited to: involuntary termination for cause (See ARP 10.50 Faculty Alleged Misconduct Investigation, Discipline and Appeals Processes), complaints of unlawful discrimination (See ARP 3.25 Discrimination, Harassment and Sexual Misconduct on Campus), and intellectual property disputes (See ARP 11.05 Intellectual Property Management);
  5. Reassignment or transfer, provided no change in tenure home, loss in pay or Faculty rank, or other violation of policy, rule or procedure, or letter of hire is alleged;
  6.  Changes in status of an academic administration position, consistent with policy, rules and procedures (See RPM 6.00ARP 7.35 Faculty Compensation – Faculty Retreat Rights) and with letters of hire;
  7. The substance of a policy, rule or procedure, including established practices, unless it has an alleged unfair impact;
  8. A resignation that has been sent and received;
  9. Issues that could have been raised in a previous grievance submitted to the FGRB involving the same parties and arising from the same or substantially similar facts, unless new evidence is submitted that is found to be substantive. This exclusion is intended to bar duplicative claims or claims that could have been included in the prior grievance; and
  10. Grievances filed past the time limits as specified in this Rule without a waiver from the appropriate NMSU official.
Authority

The FGRB, assigned Mediators, or Hearing Panel members, as appropriate, are authorized to:

  1. Elect a chair and vice chair from its membership. The chair will receive and send correspondence relating to procedural matters for pending grievances, and take the lead in setting meetings and coordinating with other officials and offices as necessary for the FGRB to administer this Rule. The vice chair will act in the chair’s absence;
  2. Decide whether or not matters brought before it are within its jurisdiction (See Part 3 A. above), and including determination of eligibility of Faculty member (See Part 2 B.) and whether the grievance was submitted in a timely manner (See Part 6. A.) and in proper form (See Part 6. B.);
  3. Ascertain the best approach for processing the grievance, including, but not limited to, selection of an appropriate Mediator and Hearing Panel;
  4. Conduct fact finding hearings and to issue recommendations to the Executive Vice President and Provost;
  5. Recommend revisions to ARP 10.60; and
  6. Require the attendance and cooperation of the parties and additional individual during the grievance

For the full policy, visit NMSU ARP 10.60.