Subject: Disciplinary Actions
Approval Date: 07/01/85
Revision Date: 02/10/95
To establish the right of the President to investigate matters which may lead to disciplinary action, such as written censure, suspension of a faculty member or librarian without pay, or permanent reassignment of duties.
PROCEDURES FOR CORRECTIVE ACTION:
Prior to instituting disciplinary action (other than oral and written warning), efforts to resolve the problem informally shall have been attempted.
A faculty member or librarian may be placed on immediate investigatory leave with pay or assigned to other duties in lieu of suspension, without prior written notice, for the purpose of reviewing or investigating charges of misconduct or dereliction of duty. Such charges can include, but are not limited to, incompetency, neglect of duty, refusal to perform duties, immoral conduct other than sexual harassment covered by PG-6, or other misconduct, which, in the judgement of the President, in consultation with the Executive Vice President for Academic Affairs, dean of the respective college or director of the Library, and chair of the Faculty Rights and Responsibilities Committee, may require removing the employee from University premises. Suspension of the faculty member or librarian with pay or assignment of other duties in lieu of suspension during an investigation is justified only if immediate harm to the faculty member or librarian or others is threatened by the employee's continuance. Such investigatory leave or reassignment must be confirmed in writing within five working days after it is instituted and will be for a period of forty (40) working days or less in order to complete the investigation. If the faculty member requests either informal inquiries or a formal hearing, the President can continue suspension with pay or reassignment of duties until inquiries or hearings are completed.
WRITTEN NOTICE OF INTENT:
Upon completion of the investigation by a person appointed by the President, the Executive Vice President for Academic Affairs shall provide the faculty member or librarian, through hand delivery or certified mail, a written Notice of Intent signed by the President. The Notice shall state: (1) the intended disciplinary action, including reasons for the action and the proposed effective date; (2) the basis of the charges, including copies of pertinent materials supporting the charge; (3) the faculty member's or librarian's right to respond in writing within ten (10) working days of receipt of the written Notice of Intent; (4) the faculty member's or librarian's right to request a hearing before an ad hoc Disciplinary Action Hearing Board; (5) the faculty member's or librarian's right to request a meeting with appropriate administrative officers for the purpose of discussing a mutual settlement; and (6) the person to whom the faculty member or librarian should respond. No Notice of Intent is required for an oral or a written warning.
RESPONSE TO WRITTEN NOTICE OF INTENT:
The faculty member or librarian who receives a written Notice of Intent shall be entitled to respond, in writing, within ten (10) working days of the date of receipt of the written Notice of Intent. The response, if any, shall be reviewed by the President, in consultation with the Executive Vice President for Academic Affairs, the dean of the respective college or director of the Library, and chair of the Faculty Rights and Responsibilities Committee.
If the faculty member or librarian requests a hearing before an ad hoc Disciplinary Action Hearing Board, the President has the responsibility to convene the Board. The President will consider the recommendation of the hearing board prior to making a final determination of disciplinary action. The ad hoc Disciplinary Action Hearing Board will consist of one member of the Faculty Rights and Responsibilities Committee, three faculty members of the Faculty Senate, and the Faculty Regent, who will serve as Chair.
1. The Executive Vice President for Academic Affairs will provide the Faculty member with a written, signed notice of a hearing of record to take place not less than ten (10) working days nor more than twenty (20) working days from date of receipt of faculty member's request for a hearing.
2. The ad hoc Disciplinary Action Hearing Board, in consultation with the charged faculty member, will exercise its judgement as to whether the hearing should be public or private and the expressed wishes of the charged faculty member shall take precedence.
3. At the proceeding, an opening statement on behalf of the University may be made by the University administration or its counsel.
4. An opening statement by the faculty member, librarian or his/her counsel may be made.
5. A written record of appearances and sworn testimony of the concerned parties and witnesses shall be maintained.
6. The written record shall include the written statement specifying the charge or charges against the faculty member and the faculty member's response to them.
7. The proceeding shall allow for presentation of witnesses, documents, and other pieces of evidence by the faculty member's dean.
8. The proceeding shall provide an opportunity for the faculty member or his/her counsel to call and cross-examine witnesses, and to present documents and other pieces of information disputing the charges in the written statement.
9. The University and faculty member will have the right to confront and cross-examine each other's witnesses.
10. A verbatim record of the hearing will be taken, and a transcribed copy will be made available, without cost to the faculty member.
11. The burden of proof that "clear and convincing" evidence exists for taking disciplinary action rests with the University.
12. A recommendation with findings of facts and conclusions based upon the record considered as a whole will be made in an open session as to whether cause for disciplinary action exists. The Hearing Board may go into closed session to discuss the evidence presented at the hearing.
13. The recommendation of the ad hoc Disciplinary Action Hearing Board will be sent to the President and copies of the recommendation will be sent to the Executive Vice President for Academic Affairs, the Dean proffering the charges, the Department Chair of the faculty member, and the Faculty Regent. Dissenting minority reports shall be included in the final report.
14. The President and the faculty member will be given a copy of the transcribed hearing and record within five (5) working days of the Hearing Board's recommendation.
WRITTEN NOTICE OF ACTION:
Upon receipt of the Hearing Board's recommendations, or if the faculty or librarian neither petitioned for a hearing nor requested a meeting with appropriate administrators, the President will determine whether to institute written censure, suspension without pay, or permanent reassignment of duties. The Executive Vice President for Academic Affairs shall provide by hand-delivering or by certified mail a written Notice of Action, signed by the President, to the faculty member or librarian of any disciplinary action to be taken and its effective date. The length of any written censure, suspension without pay or permanent reassignment of duties shall be in accordance with the severity of the infraction or violation and in consideration of the faculty member's or librarian's work record. Documentation of the disciplinary action shall be placed in the faculty member's or librarian's personnel file. The Notice of Action also shall notify the faculty member or librarian of the right to request a review in accordance with the procedures outlined in PAc?18: Faculty Rights and Responsibilities.
A faculty member or librarian may be self-represented or may be represented by another person at any stage of the disciplinary action. Should representation be by an attorney, notice will be given at least six (6) working days prior to any action so that the University may also be represented by counsel.
EXTENSION OF TIME:
Prior to expiration of any time limit stated in this Policy, extensions may be requested of, and granted by, the President.