HEARINGS COMMITTEE 6 elected members Must have permanent tenure when elected HEARINGS COMMITTEE Conducts hearings and makes recommendations on Decisions to suspend demote or discharge a faculty member for cause ID: 260485
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HEARINGS AND GRIEVANCE COMMITTEESSlide2
HEARINGS COMMITTEE
6 elected members
Must have permanent tenure when electedSlide3
HEARINGS COMMITTEE
Conducts hearings and makes recommendations on
Decisions to suspend, demote, or discharge a faculty member for cause
Decisions not to reappoint a non-tenured tenure-track faculty memberSlide4
HEARINGS COMMITTEE
A decision to suspend, demote, or discharge a
fixed-term, tenure-track, or tenured faculty
member may be based on grounds of
Misconduct
Incompetence
Neglect of dutySlide5
HEARINGS COMMITTEE
Examples of misconduct
Violation of professional ethics
Mistreatment of students or other employees
Research misconduct
Financial fraud
Unlawful, inappropriate, or unethical conduct
Misconduct must
be related to academic responsibilities OR
reflect adversely on honesty, trustworthiness, or fitness to be a faculty memberSlide6
HEARINGS COMMITTEE
Examples of incompetence
Failure to improve significant, sustained unsatisfactory performance within a reasonable time after having been given an opportunity to do so
Examples of neglect of duty
Sustained failure to meet classes
Sustained failure to perform other significant faculty professional obligationsSlide7
HEARINGS COMMITTEE
Standard of proof for suspension, demotion, or discharge
University has the burden of proof
Standard is “clear and convincing evidence”Slide8
HEARINGS COMMITTEE
Grounds for appeal of decision not to reappoint a non-tenured tenure-track faculty member
Decision was based on impermissible grounds
Decision was affected by material procedural irregularity, i.e.,
Departure from prescribed procedures for reappointment that cast doubt on the integrity of the decision not to reappointSlide9
HEARINGS COMMITTEE
Standard of proof in denial of tenure case
Burden of proof is on the faculty member
Standard is to prove by a “preponderance of the evidence” that the faculty member’s contention is trueSlide10
HEARINGS COMMITTEE
Appeal
rights in suspension, demotion, or discharge case
No appeal if Chancellor concurs in Hearings Committee recommendation favorable to the faculty member
Faculty member may appeal to Trustees if outcome is unfavorable to faculty member
Faculty member may
appeal a final
unfavorable
decision to the Board of GovernorsSlide11
HEARINGS COMMITTEE
Appeal rights in denial of tenure case
Faculty member may appeal an adverse decision directly to the Board of Governors
No appeal to the Board of TrusteesSlide12
GRIEVANCE COMMITTEE
10 elected members
Structured to represent all faculty ranks, both fixed-term and tenure trackSlide13
GRIEVANCE COMMITTEE
Handles of any grievance not within the jurisdiction of the Hearings Committee
Grievances typically involve alleged failure to follow established internal University, school, or departmental policies, e.g.,
Salary policy
Research leaves
Travel policy
Promotion to full professorSlide14
GRIEVANCE COMMITTEE
Appeal Rights
No appeal if Grievance Committee outcome is unfavorable to grievant
If advice favorable to the grievant is not followed, grievant may appeal to the Board of Trustees
No appeal beyond Board of Trustees