The FA works diligently, every single semester, to defend our contract and to represent our members through disciplinary and complaint hearings. (photo by Cynthia Eaton)

The FA becomes involved in an average of 60 disciplinary or complaint hearings involving members each year. The process is often stressful and upsetting, even when a member is certain the allegations are baseless. There are various steps to the process that are placed in motion as soon as an allegation or a complaint is made.

Many complaints generated by students involve discrimination or harassment issues, where students feel a faculty member has stated something inappropriate or made them uncomfortable in some way. Complaints involving such issues require that the college open an investigation, and the process begins with the faculty member being notified of the complaint. An observation is often scheduled, with a debriefing afterwards. Often, teaching faculty can demonstrate that the material a student found offensive is indeed a standard part of the curriculum for the course. In other cases, the matter represents a miscommunication or a misunderstanding, and the process ends with an effort to increase understanding on the part of both parties.

Other situations involve complaints made by supervisors regarding the performance of duties by our members. Many such complaints are resolved without any formal disciplinary action. Our contract calls for an effort on the part of the college to resolve matters informally whenever possible and to recognize the importance of progressive discipline.

When the investigatory process is initiated, whether it be in the form of a student complaint about a faculty member or a complaint by a supervisor, the FA is involved from the beginning. Kevin McCoy, our grievance officer, attends observations and meetings with administration to discuss issues each and every month.

The FA does not initiate disciplinary processes against any member, even when one member complains about another. We are not a supervisory body and have no authority to discipline any members. We do, however, have several members who are formally trained mediators and will attempt to provide mediation services to help resolve issues between members. When members complain about supervisors, we investigate the possibility of initiating a formal grievance, if no informal resolution can be reached. The grievance process is carefully described in our contract.

Whatever the issue, the role of the FA, and specifically Grievance Officer Kevin McCoy, is to ensure that the proper procedures are being adhered to in accordance with our collective bargaining agreement with the college. Our contract spells out the correct procedure for notification of any observations as well as implementation of any disciplinary actions.

It is not the role of the FA to blindly defend members and protect them from any disciplinary outcomes. It is the role of the FA to ensure that the college is following the prescribed procedures for pursuing any disciplinary matters, that the college is meeting the burden of proof for just cause of any discipline and that the college is making efforts to resolve matters informally before invoking any formal disciplinary action—all of which is called for in our contract.

We are not in the business of making sure ineffective individuals keep their jobs. We are in the business of making sure that no individual is disciplined without cause or incorrectly, i.e., not in accordance with the steps agreed to by the college.

Contract language that spells out the disciplinary process for our members is extremely important. It is one of the most important issues a union can fight for and one of the most valuable protections a member can have.

While all employees are entitled to protection against improper disciplinary procedures, there are services that are only available to dues-paying members. These include access to our NYSUT labor relations specialist, who may act as free legal counsel throughout any formal process. Peer representation during an observation is very important; nonmembers are not provided with an FA-appointed peer during observations. One important point to note is that nonmembers cannot decide to opt in to membership in response to a complaint of any kind; only members in good standing prior to the start of an investigatory or disciplinary issue will receive the benefits afforded to members.

Anyone can become the subject of a disciplinary or investigatory process. Knowing the allegation or complaint is baseless does not stop the process from being launched, and it is both stressful and unpleasant. Knowing the FA is there to defend the process on your behalf can—and does—provide much needed reassurance and relief.