By: Barrientos S.B. No. 538
73R4177 SOS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the higher education grievance panel
1-3 and to grievance procedures for faculty members of public
1-4 institutions of higher education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 51, Education Code, is amended by adding
1-7 Subchapter Q to read as follows:
1-8 SUBCHAPTER Q. GRIEVANCE PROCEDURES FOR FACULTY MEMBERS
1-9 Sec. 51.721. DEFINITIONS. In this subchapter:
1-10 (1) "Commissioner" means the commissioner of higher
1-11 education.
1-12 (2) "Faculty member" has the meaning assigned by
1-13 Section 51.101 of this code.
1-14 (3) "Governing board" has the meaning assigned by
1-15 Section 61.003 of this code.
1-16 (4) "Institution of higher education" has the meaning
1-17 assigned by Section 61.003 of this code.
1-18 (5) "Panel" means the higher education grievance panel
1-19 established under this subchapter.
1-20 Sec. 51.722. APPLICATION OF OTHER LAW. The procedures under
1-21 this subchapter apply to a hearing under this subchapter
1-22 notwithstanding the Administrative Procedure and Texas Register Act
1-23 (Article 6252-13a, Vernon's Texas Civil Statutes).
1-24 Sec. 51.723. HIGHER EDUCATION GRIEVANCE PANEL. (a) The
2-1 higher education grievance panel is composed of 15 members
2-2 appointed by the commissioner from a list of at least 30 candidates
2-3 compiled on the commissioner's request by the American Arbitration
2-4 Association or a comparable national organization.
2-5 (b) To be eligible for appointment to the panel, an
2-6 individual may not be an employee of an institution of higher
2-7 education and must be:
2-8 (1) a resident of this state; and
2-9 (2) an arbitrator qualified in accordance with the
2-10 standards of the American Arbitration Association or a comparable
2-11 national organization.
2-12 (c) Members of the panel serve three-year terms.
2-13 (d) In the event of a vacancy, the commissioner shall
2-14 appoint an individual with similar qualifications to fill the
2-15 unexpired term.
2-16 Sec. 51.724. APPLICATION FOR HEARING. (a) A faculty member
2-17 may request the panel to conduct a hearing on the faculty member's
2-18 wages, hours of work, or conditions of work, including termination
2-19 of employment and resolution of issues after the faculty member has
2-20 been terminated, alleged discrimination, failure to receive a
2-21 promotion or increase in salary, change in duties or status,
2-22 working conditions, change in institution practices that results in
2-23 unfair and unequal treatment, a work-related incident, or demotion,
2-24 if the faculty member mails a written application for a hearing to
2-25 the commissioner not later than the 30th day after the date the
2-26 faculty member receives notice of the final decision relating to a
2-27 grievance as the final decision of the internal grievance procedure
3-1 of the institution of higher education that employs the faculty
3-2 member.
3-3 (b) The application must include:
3-4 (1) the name, address, and telephone number of the
3-5 faculty member;
3-6 (2) the name of the institution of higher education;
3-7 (3) a concise statement describing the matter and the
3-8 relief requested;
3-9 (4) evidence that the internal grievance procedure at
3-10 the institution has been exhausted; and
3-11 (5) the name of the municipality in which the faculty
3-12 member requests a hearing on the matter to be held.
3-13 (c) Not later than the seventh day after the date the
3-14 commissioner receives an application under this section, the
3-15 commissioner shall notify the institution of higher education of
3-16 the application for a hearing on the matter.
3-17 (d) If the commissioner determines that an application for a
3-18 hearing complies with the requirements of this section, the
3-19 commissioner shall certify the application and, not later than the
3-20 seventh day after the date of certification, notify the faculty
3-21 member and the institution of higher education that a hearing on
3-22 the matter will be scheduled. The notice must include a list of
3-23 three panel members, one of whom shall preside at the hearing and
3-24 adjudicate the controversy.
3-25 Sec. 51.725. SELECTION OF ADJUDICATOR FOR HEARING. (a) The
3-26 faculty member and the institution of higher education may each
3-27 designate a preference for the adjudicator by striking the name of
4-1 one panel member from the list, ranking the remaining names in the
4-2 order of preference, and returning the list to the commissioner.
4-3 (b) If the returned lists indicate a mutual choice to serve
4-4 as adjudicator at the hearing, the commissioner shall appoint that
4-5 panel member to preside at the hearing.
4-6 (c) If the returned lists do not indicate a mutual choice to
4-7 serve as adjudicator, the commissioner shall appoint a panel member
4-8 whose name has not been stricken from a list to preside at the
4-9 hearing.
4-10 Sec. 51.726. TIME AND PLACE OF HEARING; NOTICE. (a) Except
4-11 as provided by Subsection (b) of this section, the commissioner
4-12 shall set the time and place of the hearing and notify the parties
4-13 after consulting with each party concerning the time and place of
4-14 the hearing.
4-15 (b) The hearing must be held before the 31st day after the
4-16 date the adjudicator is appointed.
4-17 Sec. 51.727. HEARING. (a) Before the hearing begins, the
4-18 adjudicator must take an oath to faithfully hear and examine all
4-19 matters in controversy and to render a just decision.
4-20 (b) Unless the order of proceedings at the hearing is
4-21 changed by the adjudicator on the adjudicator's own initiative or
4-22 at the request of a party, the order of proceedings is:
4-23 (1) an opening statement by the faculty member and
4-24 then the institution of higher education;
4-25 (2) presentation of evidence, witnesses, and arguments
4-26 by the faculty member;
4-27 (3) cross-examination by the institution of higher
5-1 education;
5-2 (4) presentation of evidence, witnesses, and arguments
5-3 by the institution of higher education;
5-4 (5) cross-examination by the faculty member; and
5-5 (6) summation by the faculty member and then the
5-6 institution of higher education.
5-7 (c) After the summations, if the parties agree in writing to
5-8 continue the hearing, the adjudicator may set a time limit for the
5-9 continuation and, during that time, a party may file a brief,
5-10 transcript, record, or other information with the adjudicator. If
5-11 the parties do not agree in writing to continue the hearing, the
5-12 adjudicator shall declare the hearing closed.
5-13 (d) After the hearing is closed, the parties may submit
5-14 additional information to the adjudicator if the parties file with
5-15 the adjudicator a written agreement to the submission. Information
5-16 submitted under this subsection may be considered at the discretion
5-17 of the adjudicator.
5-18 Sec. 51.728. RESOLUTION OF HEARING. (a) Not later than the
5-19 30th day after the date a hearing is closed under Section 51.727 of
5-20 this code, the adjudicator shall render a final decision on the
5-21 matter and notify the faculty member and the president of the
5-22 institution of higher education of the decision. The decision must
5-23 be in writing and discuss the evidence and reasons for the
5-24 decision.
5-25 (b) Not later than the 14th day after the date a party
5-26 receives notice of a decision under this section, the party may
5-27 request a clarification or modification of the decision through the
6-1 commissioner. If the request is made, the adjudicator shall
6-2 respond to the request not later than the seventh day after the
6-3 date the adjudicator receives the request from the commissioner.
6-4 (c) On the request of an interested person, the commissioner
6-5 shall investigate the implementation of the adjudicator's decision
6-6 and certify to that person whether the decision has been
6-7 implemented.
6-8 (d) The adjudicator shall assess the costs of the hearing
6-9 equally against the faculty member and the institution.
6-10 (e) The costs may include:
6-11 (1) the adjudicator's fee, charged at a rate not to
6-12 exceed $50 an hour; and
6-13 (2) any travel and per diem expenses incurred by the
6-14 adjudicator in resolving the matter.
6-15 (f) If a stenographic record of the hearing is requested by
6-16 a party, the costs of making the record shall be paid by that
6-17 party. If both parties agree to have a stenographic record of the
6-18 hearing made, the costs of making the record shall be paid by both
6-19 parties equally. The stenographer shall bill these costs directly
6-20 to the appropriate party.
6-21 Sec. 51.729. LEAVE. A faculty member may take a leave of
6-22 not more than three working days, with pay, to prepare for and to
6-23 attend a hearing under this subchapter.
6-24 Sec. 51.730. DISCRIMINATION PROHIBITED. A person may not
6-25 discipline, penalize, or prejudice a faculty member in the faculty
6-26 member's employment for exercising rights under this subchapter or
6-27 coerce or restrain the faculty member in the exercise of those
7-1 rights.
7-2 Sec. 51.731. FEES. (a) The Texas Higher Education
7-3 Coordinating Board, to recover the administrative costs of the
7-4 commissioner of higher education, may collect fees levied in equal
7-5 amounts on faculty members and institutions of higher education who
7-6 participate in hearings under this subchapter.
7-7 (b) An institution of higher education that is charged a fee
7-8 under this section must pay the fee out of the institution's local
7-9 funds, as defined by Section 51.009 of this code.
7-10 SECTION 2. (a) Not later than October 1, 1993, the
7-11 commissioner of higher education shall make initial appointments to
7-12 the higher education grievance panel under Subchapter Q, Chapter
7-13 51, Education Code, as added by this Act, of five members to serve
7-14 on the panel for terms expiring December 31, 1995, five members to
7-15 serve on the panel for terms expiring December 31, 1996, and five
7-16 members to serve on the panel for terms expiring December 31, 1997.
7-17 (b) Subchapter Q, Chapter 51, Education Code, as added by
7-18 this Act, applies only to a matter for which review has been
7-19 initiated on or after September 1, 1993, by a faculty member in
7-20 accordance with the internal grievance procedures of the
7-21 institution of higher education at which the member is employed.
7-22 SECTION 3. This Act takes effect September 1, 1993.
7-23 SECTION 4. The importance of this legislation and the
7-24 crowded condition of the calendars in both houses create an
7-25 emergency and an imperative public necessity that the
7-26 constitutional rule requiring bills to be read on three several
7-27 days in each house be suspended, and this rule is hereby suspended.