19.1 At any step in this Section 19, the decision maker may confirm, reverse or modify the discipline, and may order the payment of back pay to the faculty member.
19.2 Within 5 days of being notified in writing of suspension without pay or discharge and the reasons for the decision, the faculty member may make a written request to the Provost or his or her designee to review the decision, and may submit documentation in support of that review. The faculty member may also suggest to the Provost the names of persons with whom the Provost may want to speak. Within 30 calendar days of receiving the request from the faculty member to review the decision, the Provost shall provide a copy of his/her written decision to the faculty member.
19.3 Within 5 days of receipt of the Provost’s decision, the faculty member may make a written request to the President of the University to review that decision and the materials considered by the Provost. The President shall notify the faculty member in writing within 20 days of that request.
19.4 Within 5 days of receipt of the President’s decision, the faculty member may appeal the decision in accordance with this Section.
19.4.1 Upon request of the faculty member, the Board of Trustees shall appoint an Appeals Committee. The Appeals Committee will be comprised of three faculty members appointed by the Union and three non-faculty members appointed by the Board, plus the committee chair. The committee chair will be jointly selected by the UFWW President and the Board of Trustees’ Chair. The cost of the committee chair, if any, will be shared by the UFWW and the University. The committee chair will convene and chair the hearing and will vote in case of a tie.
19.4.1.1 In the case of a tie vote, both the UFWW Executive Committee and the Board of Trustees will have the opportunity to meet with the committee chair, review the case, and make comment prior to the chair making the final decision.
19.4.2 The responsibilities of the Appeals Committee shall be:
19.4.2.1 To review the materials submitted to the President related to the proposed discipline or discharge.
19.4.2.2 To call and or examine any witnesses, including witnesses suggested by the parties.
19.4.2.3 To consider oral or written arguments from the faculty member and the University.
19.4.2.4 To arrive at its decision on the basis of the hearing and the materials submitted.
19.4.2.5 The chair and the committee:
19.4.2.5.1 Have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement, and shall confine the decision solely to the application or interpretation of the express terms of the Agreement.
19.4.2.5.2 Are limited in their decision to the grievant’s issue(s) set forth in the original written grievance unless the Parties agree to modify it.
19.4.2.5.3 Shall not make any award that provides a faculty member with compensation greater than that which would have resulted had there been no violation of this Agreement.
19.4.3 The hearing shall be held within fifteen days of the appointment of the Appeals Committee and shall be private.
19.4.4 As soon as reasonably practicable, but in no event longer than thirty calendar days after conclusion of the hearing, the written decision of the committee will be presented to the President, the Board of Trustees, the affected faculty member and the Union.
19.4.5 The decision of the Appeals Committee shall be final and binding.
19.4.6 If the decision of the Appeals Committee is to overturn the suspension without pay or the termination, the university will reinstate the faculty member with full back pay reduced by any interim earnings.
19.5 At any step in the process the faculty member may request and may have the assistance of a local Union representative.