The University's Grievance Procedures are
a manifestation of Yale's firm commitment to the policies
of equal opportunity and fair treatment in a complex and integrated
community. It is of course hoped that in this community, good
will and mutual respect will suffice to resolve most grievances.
However, the procedures are designed to provide redress in
cases that cannot be so resolved. They go beyond the requirements
of the law. They emphasize that the University will not condone
racial or sexual harassment or any other act of discrimination
on the basis of race, religion, sex, age, national origin,
disability, or sexual orientation.At first glance the procedures
listed or printed in this supplement may seem both numerous
and complicated. However, they result from the fact that the
University comprises Yale College, the Graduate School of
Arts and Sciences, and ten professional schools, each of which
is composed of a faculty and student body and many different
departments and work situations. The procedures have been
individually designed to provide appropriate processes to
address different kinds of complaints in this complex environment.
Except where explicitly noted, each of the
grievance procedures outlined below may be used to pursue
a complaint of discrimination on the basis of race, sex, religion,
national origin, age, disability or sexual orientation. In
addition, other types of complaints may be addressed by certain
of these, e.g., infringements upon any individual's right
to free expression or unfair treatment in a situation not
characterized by the kinds of discrimination specified above.
Concerns that seem not to be covered by these procedures may
always be pursued with an individual responsible for that
area of concern, such as with a supervisor or dean or departmental
chair.
The brief descriptions below are intended
only to identify the procedures, and members of the community
should consult the full text of each procedure for its governing
provisions. Copies of all grievance procedures are available
in the Office for Equal Opportunity Programs. If any member
of the Yale Community is unsure as to which of the procedures
is available or how to proceed under any particular procedure,
he or she should consult with the Office of the General Counsel
or with the Office for Equal Opportunity Programs.
Three of these procedures, the Dean's Procedure
for Student Complaints, the Provost's Procedure for Student
Complaints and the President's Procedure for Addressing Students'
Complaints of Racial or Ethnic Harassment are printed in their
entirety below.
For Students:
General Grievance Procedures
There are in Yale College, the Graduate School,
and the professional schools, general student grievance procedures
for complaints about various issues, including but not limited
to complaints of discrimination. For example, these procedures
might be used to address an apparent infringement of an individual
student's right to free expression or a complaint about unfair
or arbitrary treatment, whether or not it is characterized
by a specific kind of discrimination. It must be understood,
however, that since an instructor's evaluation of the quality
of a student's work is final, these procedures do not apply
in disputes about a grade assigned, unless it is alleged that
the determination of the grade resulted from unlawful discrimination.
Similarly, these procedures do not apply to any matter inherent
in the academic freedom of an instructor, such as, for example,
in regard to the syllabus or contents of a course of instruction.
There are two general student grievance procedures.
The first is the Dean's Procedure for Student Complaints.
This is the available procedure if the person complained of
is a member of the faculty or administration of the student's
school. The second, the Provost's Procedure for Student Complaints,
is the appropriate procedure if the person complained of is
not a member of the faculty or administration of the student's
school and therefore not subject to the authority of the student's
dean.
In a case where more than one procedure is
available, a student may pursue his or her complaint by means
of only one procedure; that is, procedures for redress of
a complaint may not be used simultaneously or seriatim.
Complaints of Sexual Harassment
The University defines sexual harassment as
follows: Sexual harassment is antithetical to academic values
and to a work environment free from the fact or appearance
of coercion. It is a violation of University policy and may
result in serious disciplinary action. Sexual harassment consists
of nonconsensual sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature on
or off campus, when: (I) submission to such conduct is made
either explicitly or implicitly a condition of an individual's
employment or academic standing; or (2) submission to or rejection
of such conduct is used as the basis for employment decisions
or for academic evaluation, grades or advancement-, or (3)
such conduct has the purpose or effect of unreasonably interfering
with an individual's work or academic performance or creating
an intimidating or hostile academic or work environment. Sexual
harassment may be found in a single episode, as well as in
persistent behavior. Conduct that occurs in the process of
application for admission to a program or selection for employment
is covered by this policy, as well as conduct directed toward
University students, faculty or staff members.
Complaints of sexual harassment by a student
in Yale College, the Graduate School, the Divinity School,
the School of Medicine or the School of Nursing against a
faculty member or administrator in his or her respective school
must be pursued in accordance with the procedure for complaints
of sexual harassment adopted by that school and available
at the respective school's Dean's Office. Each of these schools
has created a grievance board, with established procedures,
both informal and formal, for addressing student complaints
of sexual harassment. Complaints of sexual harassment by students
in other schools may be pursued by means of the general student
grievance procedures described above.
Complaints of Racial or Ethnic Harassment
The President's Procedure for Addressing Students' Complaints
of Racial or Ethnic Harassment is available to any student
for the sole purpose of addressing a complaint of harassment
on account of race or ethnic origin by any member of the Yale
Community. It is thus available as an alternative to students
who might otherwise use either the Dean's or the Provost's
procedure for student complaints.
Copies of these procedures are available
at the Office of the Dean of each of the graduate and professional
schools and in the Office of the Dean of Yale College.
For Faculty:
The review procedures for members of the faculty
are published in the Yale Faculty Handbook. Those review procedures
are available to individual faculty members who believe they
have been treated in a manner inconsistent with University
policies on reappointment or promotion including the University's
policy against discrimination in matters of reappointment
or promotion on the basis of race, color, religion, age, sex,
disability, sexual orientation, or national or ethnic origin.
The Handbook also specifies the procedure for faculty who
believe they have been treated in an unfair or discriminatory
manner in connection with professional matters other than
reappointment or promotion. Complaints of sexual harassment
by a faculty member may be pursued in accordance with the
review procedures set out in the Faculty Handbook.
For Postdoctoral Fellows at the School of
Medicine Postdoctoral fellows with appointments at the School
of Medicine may use the "Grievance Policy and Procedures
for Postdoctoral Fellows of the School of Medicine" when
the individual believes he or she has been treated in a manner
inconsistent with University policies or when the individual
believes he or she has been discriminated against on the basis
of race, color, sex, age, disability, religion, national origin,
sexual orientation or status as a Vietnam era veteran. Complaints
of sexual harassment by postdoctoral fellows may be pursued
in accordance with the School of Medicine Grievance Procedures
for Complaints of Sexual Harassment.
Copies of the procedure are available from
the Office of the Dean of the School of Medicine.
For Staff:
Managerial and Professional and Other Staff
Members Excluded from Bargaining Units The Staff Grievance
Procedure, which is published in the Yale University Personnel
Policies and Practices Manual, f is available to all regular
and temporary managerial and professional employees, as well
as those clerical and technical and service and maintenance
employees who are excluded from Local No. 34 or Local No.
35 bargaining units.
This procedure is available whenever covered
employees believe that they have been treated in a manner
inconsistent with University policies or believe they have
been discriminated against on one of the bases enumerated
above or on the basis of their status as a Vietnam era veteran.
Copies of the procedure may be obtained from
the Director of Placement and Staff Relations, 155 Whitney
Avenue.
Staff Covered by the Bargaining Agreement
with Local No. 34 Article XXXVI, Grievance and Arbitration
Procedure, of the Agreement between Yale University and Local
34, Federation of University Employees, may be used to address
any claim by an employee whose position is covered by the
Agreement that the Agreement has been violated, including,
but not limited to, the Article on Fair Treatment of Staff
Members.
Copies of the procedure are available at
the Labor Relations Office, 155 Whitney Avenue, Central Area
Human Resources Office, 155 Whitney Avenue, the Medical Area
Human Resources Office, 153 College Street, and the Library
Personnel Office, Sterling Memorial Library, 120 High Street.
Staff Covered by the Bargaining Agreement
with Local No. 35 The grievance procedure for members of the
Local 35 bargaining unit, which appears as Article XV of the
Agreement between the University and Local No. 35, is available
to address disputes about the interpretation, applications,
or alleged violations of any of the provisions of the Agreement,
including, but not limited to, the Article on Nondiscrimination.
Copies of this procedure are available at
the Labor Relations Office, 155 Whitney Avenue.
Special Education Teachers at the Cedarhurst
School Article XX, Grievance and Arbitration Procedure, of
the Agreement between Yale University and Local 933, AFP,
AFL-CIO, may be used to address any claim by a member of that
bargaining unit that the Agreement has been violated, including,
but not limited to, the Article on Non-Discrimination.
Copies of the procedure are available at
the Labor Relations Office, 155 Whitney Avenue.
Staff Covered by the Bargaining Agreement
with the Yale Police Benevolent Association Article XVI, Grievance
Procedure, of the Agreement between Yale University and the
Yale Police Benevolent Association (YPBA), may be used to
address any claim by an employee whose position is covered
by the Agreement that the Agreement has been violated including,
but not limited to, the Article 1, Section 3 nondiscrimination
provision. Copies of the procedure are available at the Labor
Relations Office, 155 Whitney Avenue.
Complaints Against Members of the University
Police Department A complaint against a member of the University's
Police Department is to be pursued in accordance with the
procedure specified in the Yale University Police Department
Manual. Copies of the procedure are available from the Office
of the Secretary, Woodbridge Hall.