Section 11 § Academic Freedom and Grievance Policy

Regarding academic freedom, FNU asserts that if instructors are not free to do research, to teach and publish the results, and if students are not free to learn through lecture, lab experiment, and research, the advancement of knowledge does not take place, and not just the individual or institution suffers, but the whole of society. Academic freedom must always be a societal concern.

The University recognizes its obligations to society in general, and to its students and faculty in particular, to safeguard the principles of academic freedom. It does this through the recognition of the:

Right of the instructor to teach the matter within the field(s) of expertise, and the right of the student to pursue learning in that (those) field(s).
Right of the instructor to pursue research in the further study and enhancement of the knowledge he or she possesses of her or his field of endeavor; and of the student to study and research those same fields of endeavor.
Right of the instructor to publish the results of his or her research without hindrance nor disapprobation of the University; and the right of the student to read and pursue studies in all such and other published materials.
Right of the faculty member to pursue the advanced studies and research necessary for the instructor to keep up with, advance in, and progress through his/her field of expertise.
University’s obligation to provide the facilities and resources necessary to the instructor and student to carry out their missions of research, instruction and learning.

The University expects its faculty, in its teachings, to adhere to the democratic principles manifested in the Constitution of the United States, the constitutions of the individual States, as well as to the various interpretations of these instruments by the federal and state courts and congressional and legislative bodies. This, of course, in no way precludes the liberty to discuss and debate the value, relevance, and other aspects of the decisions of these bodies and documents.

11.1 Faculty Grievance Policy

FNU firmly abides by its commitment to fostering a rich, diverse, and open exchange of ideas. Faculty and students are free to engage in discussions regarding personal opinions without fear of repercussions. In order to promote a healthy and stimulating learning environment, faculty members are encouraged to engage in discussions that challenge students to think critically and analytically. Lectures and classroom debates should be an open forum whereby students’ personal convictions are challenged, thus, instilling in them the ability to create and deliver arguments that are premised in fact instead of conviction. Students too are encouraged to challenge the views of faculty and their peers, again, with the underlying purpose of developing the critical thinking skills that will prove to be essential in any career-path chosen by the student. Despite FNU’s commitment to academic freedom, there may be instances where either faculty or students may feel that this right was infringed upon. Should this occur, the following Policy regarding Infringements upon Academic Freedom, Grade Disputes, and Grievances will be implemented:

11.2 Policy regarding Infringements upon Academic Freedom, Grade Disputes, Grievances

All allegations regarding infringements upon academic freedom, or other grievances are to remain confidential between the person filing the grievance/dispute and those persons identified in the chain of command. The chain of command cannot be broken, except for consultation and advice if needed. Even then, the rules of confidentiality apply to everyone. These rules of confidentiality must be strictly enforced to ensure reliability in the process and to remove any fear of retaliation against the person filing the grievance/dispute, or retaliation against the person being accused before a thorough investigation is conducted.
The chain of command for reporting grievances is:
1. Faculty members report to Department Heads/Program Directors
2. Department Heads/Program Directors report to Division Heads
3. Division Heads report to the Associate Vice President and the Vice President of Academic Affairs
4. The Vice President of Academic Affairs confers with the Grievance Representative (Faculty Senate President) for a neutral arbitration after all other avenues have been exhausted
Initial Investigation: Alleged infringements or grievances are reported using the Grievance Report to the next in command; if the next in command is the person whose actions are being questioned, then that person is bypassed, and the Grievance Report is submitted to the next in command (with the exceptions of grade disputes, that must always be reported first to the instructor).
The Grievance Report must be submitted within ten business days of the alleged incident, or within ten business days of becoming aware of the infringement. Grievance Reports that do not meet these deadlines are considered waived and non-actionable.
Upon receiving the Grievance Report, all necessary steps will be taken to investigate the allegations set forth. A summary of the findings will be outlined in response to the Grievance Report.
Grievance Reports will be investigated and responded to within 20 business days of its filing.
Grievance Reports will be answered with a summary of findings and recommendations.
Appeal: If these findings and recommendations are unsatisfactory, then a Grievance Report Appeal is submitted to the next in command, along with the findings of the Initial Investigation. Either party can submit an appeal. The Appeal must be filed within five business days of receiving the results of the Initial Investigation. The appeal will be investigated, including the findings of the Initial Investigation, including any other evidence that may be relevant. A decision will be provided within 20 business days of the Grievance Report Appeal submission.
Grievance Representative: If the appellate decision is unsatisfactory, either party can submit a written request to the Grievance Representative within five business days of the Grievance Report Appeal. The Grievance Representative will review all of the evidence and findings of the Initial Investigation and Appeal. The Grievance Representative will submit a Final Resolution with findings and recommendations. This decision is final and not subject to further review.

11.3 Professional Security as relating to Academic Freedom

The University provides the faculty with service agreements clearly describing the terms and conditions of their employment.
The policies regarding employment are established by the Board of Governors.
The faculty member must download a copy of the Faculty Handbook from the FNU Website which clearly details the policies established by the Board of Governors.
The University has not established tenure or condition of tenure.
All initial instructor appointments at FNU are probationary.

Procedures for the protection of academic freedom and for performance reviews are set forth in this Handbook, in Section 3.3 Criteria in Selecting Faculty Members.