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Grievance Policy and Procedures for
Graduate Assistants

NOTE: Graduate Assistants in the Graduate School of Business should follow the grievance procedures for that School.

Introduction

It is the philosophy of the Graduate School that assistantships are not typical employee positions of the University. This has two implications. First, the sponsor should also serve as a mentor to the student and assist, to the extent possible, in facilitating the student’s progress toward his/her degree. Second, any questions concerning performance in or requirements of assistantships shall be directed to the Graduate School or, for master’s students in business, to the Graduate School of Business. Note: the term graduate assistant will be used to refer to those on other types of appointments as well, such as fellowships, clerkships, etc.
The Graduate School has the following authority with regard to graduate assistantships:

  1. All requests for new positions, regardless of the source of the funds, must be approved by the Graduate School. When the position is approved, the requesting department or faculty member must complete the form “Request for a New Graduate Assistant Position” and submit it to the Graduate School. All proposed changes in duties for existing graduate assistantships must be approved by the Graduate School prior to their implementation.
  2. The duty requirements of the graduate assistantship, including the number of hours required, must be approved by the Graduate School. Fifty percent GAs may not be asked to work more than 20 hours per week (Note: this is not limited to time actually spent in the classroom or lab; the 20 hour requirement also pertains to time required to grade/compute results, develop class/lab materials, etc. Moreover, students cannot be asked to work an average of 20 hours per week, with 30 hours one week and 10 hours the next, for example. The duty hour requirement is no more than 20 hours per week for a 50 percent appointment. See the Graduate Handbook. However, it should also be noted that if the student is engaged in research which will be used in his/her required project, thesis or dissertation, or if the student is traveling to professional meetings, data sources, etc., the student may work more than 20 hours per week.) The duty requirements must complement the degree program of the graduate student and must abide by the philosophy that the first priority of graduate students is to finish their degrees. If a student is assigned to teach, the maximum duty assignment is full responsibility for two three-hour courses per semester.
  3. The Graduate School has set the following limits on holding graduate assistantships (not fellowships): Master’s students may hold a graduate assistantship for no more than four major semesters; a doctoral student may hold a graduate assistantship for no more than eight major semesters; a student who enters a doctoral program with only a baccalaureate degree may hold a graduate assistantship for no more than ten major semesters. The department/program may petition the Graduate School for extensions to these requirements on a case by case basis.
  4. The Graduate School, in consultation with the Graduate Council, has the right to set the enrollment requirements for full-time status for graduate assistants (as well as graduate students in general).
  5. The Graduate School sets the minimum stipend for graduate assistantships, but does not have responsibility for setting the actual stipend.

Graduate assistants will be provided with a written statement of the expected duties for their positions, consistent with the duties outlined in the “Request for New Graduate Assistant Position” or any amendments submitted to the Graduate School. A copy of the written statement will be submitted to the Graduate School for inclusion in the student’s file.
Graduate assistants may be terminated from their positions at any time, or dismissed for cause (Board Policy No. 405.4). Termination is effected through the giving of a notice, in writing, of that action at least 60 days in advance of the date the employment is to cease. A copy of the notice must be sent to the Graduate Dean.

A graduate assistant has the right to request a review of the termination by the Graduate Dean, following the procedure given below. However, a student should be warned that if the grounds for dismissal are based on any of the following, the only defense to the termination is evidence to show that the charges are not true:

  1. The student fails to meet the expectations of the assistantship positions, as outlined in the initial written statement provided to him/her at the beginning of the appointment.
  2. The student provides fraudulent documentation for admission to his/her degree program and/or to his/her sponsor in applying for the assistantship position.
  3. The student fails to meet certain expectations, which need not be explicitly stated by the sponsor, such as the expectation that: a) the student has the requisite English language skills to adequately perform the duties of the position; b) the student has the appropriate experience and skills to perform the duties of the position; and c) the student maintains the appropriate ethical standards for the position. The Research Misconduct Policy provides one reference source for such ethical standards.
  4. The student fails to make good progress toward the degree, as determined by the annual graduate student academic review and defined by program and Graduate School policies.
  5. The assistantship position expires.

Definition of Terms

Graduate Assistant. Any graduate student holding a position which requires that the student be admitted to a graduate degree program of the University of Arkansas, regardless of the source of funds, and for whom tuition is paid as a result of that position.

Sponsor. The person responsible for the funding and duty expectations for the graduate assistant.

Formal graduate assistant grievance. Any dispute concerning some aspect of the graduate assistantship, as defined above, which arises from an administrative or faculty decision that the graduate student claims is a violation of his or her rights. The formal graduate assistant grievance does not pertain to cases in which there is a dispute between co-workers.

Violation of graduate assistant’s rights. An action is considered a violation of the graduate assistants’ rights if: a) it violates Graduate School policy with regard to graduate assistantships; b) it threatens the integrity of, or otherwise demeans the graduate student, regardless of any other consideration; c) it illegally discriminates or asks the graduate assistant to discriminate; d) it requires the student to do something which was not communicated as a condition of holding the assistantship (or the underlying expectations outlined above); e) it terminates the student from an assistantship for behaviors which are irrelevant to the holding of the assistantship or were never included as expectations for the assistantship; f) it requires the student to do something which violates University policy, the law, or professional ethics. Note: It is impossible to state all of the conditions which might constitute a violation of graduate assistants’ rights or, conversely, which might defend a respondent against charges of such violations. Such complaints require a process of information gathering and discussion that leads to a final resolution of the matter by those who have been given the authority to do so.

Formal grievance. A grievance concerning graduate assistantships/fellowships is considered formal when the student notifies the Graduate Dean, in writing, that he/she is proceeding with such a grievance. The implications of this declaration are: a) the student will be provided with an advocate; b) all correspondence pertaining to any aspect of the grievance will be in writing and will be made available to the Graduate Dean; c) all documents relevant to the case, including minutes from all relevant meetings, will be part of the complete written record, and will be forwarded to the Graduate Dean upon receipt by any party to the grievance; d) the policy contained herein will be strictly followed; and e) any member of the academic community who does not follow the grievance policy will be subject to disciplinary actions. Filing a formal grievance is a serious matter, and the student is strongly encouraged to seek informal resolution of his/her concerns before taking such a step.

Respondent. The person who is the object of the grievance.

Procedures

NOTE: Grievances are confidential. Information about the grievance, including the fact that such a grievance has been filed, may never be made public to those who are not immediately involved in the resolution of the case, unless the student has authorized this release of information or has instigated a course of action which requires the respondent to respond. An exception to this confidentiality requirement is that the immediate supervisor or departmental chairperson of the respondent will be notified and will receive a copy of the resolution of the case. Since grievances against a respondent also have the potential to harm that person’s reputation, students may not disclose information about the grievance, including the fact that they have filed a grievance, to any person not immediately involved in the resolution of the case, until the matter has been finally resolved. This is not intended to preclude the student or respondent from seeking legal advice.

  1. (Graduate assistants who are master’s students in the Graduate School of Business should contact the Director of that School.) When a graduate student believes that his/her rights have been violated, as the result of action(s) pertaining to a graduate assistantship he/she holds or has held within the past year, the student shall first discuss his/her concerns with the respondent. If the concerns are not resolved to the student’s satisfaction, the student may discuss it with the Graduate Dean and/or with the Office of Affirmative Action. If the concerns are satisfactorily resolved by any of the above discussions, the terms of the resolution shall be reduced to writing, if any of the involved parties desires to have such a written statement.
  2. If the student’s concerns are not resolved by the above discussions and he/she chooses to pursue the matter further, the student shall notify the Graduate Dean in writing of the nature of the complaint. This notification will include all relevant documentation and must occur within one year from the date of the occurrence.
  3. Upon receipt of this notification and supporting documentation, the Graduate Dean will meet with the graduate student. If the student agrees, the Dean will notify the respondent of the student’s concerns. If the student does not wish for the respondent to be notified, the matter will be dropped. The respondent will be given ten working days from receipt of the Graduate Dean’s notification to respond to the concerns.
  4. The Graduate Dean will meet again with the student and make an effort to resolve the concerns in a mutually satisfactory manner. If this is not possible, the Graduate Dean will refer the case to a committee.
  5. Within ten working days from the final meeting between the student and the Graduate Dean, the Graduate Dean will notify the respondent and the Academic Appeals Subcommittee of the Graduate Council, which will serve as the hearing committee. The Associate Dean of the Graduate School will serve as the chair of the grievance committee and will vote only in the case of a tie. A voting member of the Graduate Council who is not on the Academic Appeals Subcommittee will serve as the non-voting secretary of the committee. At this time, the Graduate Dean will also assign an advocate to the student. The advocate must be a member of the graduate faculty. The immediate supervisor of the sponsor will serve as his/her advocate. Note: The student and sponsor advocates will have the responsibility to help the student/sponsor prepare his/her written materials and will attend committee meetings with the student/sponsor. The advocate will not speak on behalf of the student/sponsor and will not take part in committee discussions of the merits of the case.
  6. The committee shall have access to witnesses and records, may take testimony, and may make a record by taping the hearing. Its charge is to develop all pertinent factual information (with the exception that the student and respondent will not be required to be present in any meeting together without first agreeing to do so) and, on the basis of this information, to make a recommendation to the Graduate Dean to either support or reject the grievance. The Graduate Dean will then make a decision based on the committee’s recommendation and all documents submitted by the parties involved. The Graduate Dean’s decision, the committee’s written recommendation and a copy of all documents submitted as evidence by any party to the complaint, consistent with all privacy considerations, shall be forwarded to the person(s) alleging the grievance within 20 working days from the date the committee was first convened; copies shall be sent simultaneously to other parties involved in the grievance. A copy shall be retained by the Graduate School in such a way that the student’s and respondent’s privacy is protected. It should be noted that the Graduate Dean has limited authority to require a sponsor to reappoint a graduate assistant. Consequently, the redress open to the student may be limited.
  7. If the grievance is not satisfactorily resolved through step 6, an appeal in writing with all relevant material may be submitted by either the student or the sponsor for consideration by the Provost/Vice Chancellor for Academic Affairs of the University of Arkansas. This appeal must be filed within 20 working days of receiving the decision of the Graduate Dean. Any appeal at this level shall be on the basis of the complete written record only and will not involve interviews with any party to the grievance. The Provost/Vice Chancellor for Academic Affairs shall make a decision on the matter within 20 working days from the date of receipt of the appeal. His/her decision shall be forwarded in writing to the Graduate Dean, the student, and the respondent. This decision is final.
  8. If any party to the grievance violates this policy, he/she will be subject either to losing the assistantship position or losing the assistantship. When alleging such a violation, the aggrieved individual shall contact the Graduate Dean, in writing, with an explanation of the violation.