Faculty members shall be terminated for cause only after being afforded a hearing before the Senate Committee on Faculty Welfare and Privileges. Faculty members shall be informed in writing at least four weeks prior to the hearing of the reasons for the proposed termination, shall have the opportunity to be heard in their own defense, and shall be permitted to be advised and represented by persons of their own choosing. This committee shall render its advisory decision to the appropriate administrative officer within 14 working days after the hearing. The complete procedures of the committee are given in a document titled "Committee on Faculty Welfare and Privileges Termination and Complaint Procedures," which is kept on file in the Faculty Senate Office for consultation by interested parties.
In the case of termination for cause, the burden of proof in the proceedings rests with the party or parties bringing the charge. In the case of proposed termination for moral turpitude, faculty members may be temporarily suspended in the event that their continued presence at the University would constitute a clear and present danger to the health, morals, or safety of members of the University community until the final decision is rendered. Termination for cause shall become effective after one year's notice of the final decision to terminate; however, the effective date for termination involving gross irresponsibility or moral turpitude may be immediate.
In the event of a decision not to renew, the faculty member shall have an opportunity to request a timely reconsideration by the appropriate decision-making body or person. A faculty member who alleges that academic freedom has been violated by the decision-making body or person, or that the decision-making body or person did not give adequate consideration to the circumstances, may petition the appropriate faculty committee. Notice of nonrenewal shall be given in accordance with the following standards recommended by the Faculty Senate and approved by the administration.
In case of persons not previously employed by the University, both the service and the salary shall forthwith terminate regardless of the rank or titles held.
The President of the University shall be permitted to omit at his or her discretion the above statement from the contracts of such faculty considered as regular members of the faculty whose salaries are paid in part from sponsored research.
Before bringing a dispute before the Committee by lodging a complaint, a faculty member is expected to have exhausted all other reasonable means of resolving the dispute. Such reasonable means will usually include discussions with the faculty member's department Chairperson and/or college Dean.
Procedures for mediating and hearing complaints are detailed in "Mediation and Hearing Procedures", approved by the University Faculty Senate, April 6, 1992, available in the Faculty Senate Office. A flow chart summarizing the complaint process is attached to those procedures. The purpose of the procedures is the resolution of disputes in a fair and collegial manner.
An important feature of the Committee's procedures is to encourage the resolution of disputes by mediation, without resort to a formal hearing. If a formal hearing becomes necessary, all parties to the dispute are required to attend that hearing, and to participate honestly and fully. After the hearing, the Committee shall write an opinion which shall include its conclusions about the dispute and any remedies the Committee may recommend. This opinion shall be advisory to the Provost, who has final authority in the disposition of all complaints. In addition, the Committee may recommend to the Provost revisions in or additions to portions of University policy relevant to the dispute.
Ultimate authority for its committees is vested in the Senate, which therefore has responsibility to oversee committee operations and modifications in committee procedures. The Committee on Faculty Welfare and Privileges shall have the authority to initiate requests for amendment to the detailed procedures. These requests will be evaluated by the Committee on Committees and Nominations, which will determine whether the proposed changes are minor or major. Requests for minor changes may be decided by the Committee on Committees and Nominations. Requests for major changes require approval by the Senate.(Rev. 4/6/92)
