(A) General
Nothing in this rule, and elsewhere as adopted by
the university senate shall be interpreted to reduce the scope of authority of
the committee on faculty rights and responsibilities as has been established by
university regulations and usage or shall lessen faculty members' timely
access to consultation with members of that committee. (See paragraph (L) of
this rule regarding time limits).
(B) Matters handled by department
chairs
(1) Each department chair
is expected to advise any member of his or her department regarding any known
failure by such member to comply with any applicable policies or guidelines,
violation of standards of conduct, professional incompetence, or failure to
carry out job responsibilities. This will be done on an as-needed basis or
periodically in annual reviews. If problems identified by the department chair
are not resolved following one or more personal meetings, and/or written
communications, then the chair may issue a written summary, which will be
placed in the faculty member's personnel file, along with any response
from the faculty member, consistent with rule 3339-3-08 of the Administrative
Code.
(2) If a faculty member
is dissatisfied with his or her chair's handling of a problem under
paragraph (B)(1) of this rule and has used the department's grievance or
appeal procedures, the faculty member may discuss the matter with the
appropriate dean. The dean will review the matter in consultation with the
faculty member and department chair, and attempt to resolve the matter by
agreement of all three. If the dean is unable to resolve the matter by
compromise, then the dean will make a decision. The burden of proof that
adequate cause exists for this decision rests with the university.
(3) The chair will review
with the faculty member, and place in the departmental student complaints file,
any grade review requests or complaints regarding instruction that are
forwarded to the chair pursuant to the university's academic grievance
procedure (as found in the most current edition of the student
handbook).
(4) In the event a
department chair determines that disciplinary action is appropriate in a
particular case or in the event that problems persist after one or more written
communications under paragraph (B)(1) of this rule, the chair may initiate a
disciplinary proceeding under paragraph (D) of this rule.
(C) Disciplinary proceedings
(1) The procedures
outlined in paragraphs (D) to (L) of this rule are applicable in cases in which
it is believed that a member of the instructional staff has engaged in
misconduct which has not been, or cannot be, adequately addressed by following
the informal procedures described in paragraph (B) of this rule. These
procedures may result in the imposition of any appropriate penalties including,
by way of example in ascending order of severity: presidential letter of
reprimand; mandatory training, or assessment for treatment or therapy;
limitation on supplemental teaching or research opportunities; limitation on
future increases in compensation; suspension with or without pay; reduction in
rank; change in status from tenured to annual appointment; and
dismissal.
(D) Initiation of disciplinary
action
(1) Disciplinary
proceedings may be initiated either by departmental action according to the
procedures described in paragraph (D)(1) to paragraph (D)(3) of this rule or at
the provost's direct initiation according to the process described in
paragraph (D)(4) of this rule.
(a) Departmental action
(i) The department chair
will submit a memorandum of information to the dean, with a copy sent to the
faculty member. This memorandum must be received by the faculty member within
one hundred twenty calendar days from the date when the alleged misconduct
first came to the attention of one of the following: the department chair, the
dean, the provost, or the president. If the alleged misconduct consists of a
pattern of behavior or a series of acts in their cumulative effect, then the
memorandum must be received within one hundred twenty calendar days from the
date when the last instance of such behavior or the last of the series of acts
first came to the attention of one of the officers listed above. The memorandum
shall include the following:
(a) Information in
sufficient detail to disclose fully the nature of the alleged
misconduct;
(b) Reference to prior
discussions and written communications on the subject, if any;
(c) Supporting
documentation as appropriate;
(d) A statement that the
faculty member may arrange a meeting with the department chair and/or dean to
discuss the matter and present the faculty member's views and
information.
(ii) Additionally, the
memorandum shall indicate that the faculty member must request this meeting in
writing within fourteen calendar days after delivery of the memorandum of
information and that the faculty member's failure to request such a
meeting could result in the proposal of a disciplinary action.
(2) Divisional
action
(a) After the meeting described in paragraph (D)(1) of this rule
or after fourteen calendar days have passed without a request for a meeting by
the faculty member, the dean will decide whether to drop the matter, ask the
chair to handle it first under paragraph (B) of this rule (if it has not been
handled that way already), or propose a penalty determined by the
dean.
(b) If the dean determines that disciplinary action is
appropriate, the dean will submit a memorandum of proposed disciplinary action
to the provost, with a copy sent to the faculty member. This memorandum shall
include the following:
(i) Information in
sufficient detail to disclose fully the nature of the alleged misconduct and of
the proposed disciplinary action;
(ii) Reference to prior
discussions and written communications on the subject, if any;
(iii) Supporting
documentation as appropriate;
(iv) A statement that the
faculty member may obtain further review of the proposed disciplinary action by
submitting a written request to the dean within fourteen calendar days after
delivery of the memorandum, and that the faculty member's failure to
request such review will result in the imposition of the proposed disciplinary
action;
(v) A statement that the
provost may initiate further review of the proposed disciplinary action by
notifying the faculty member of such review in writing within fourteen calendar
days after delivery of the dean's memorandum to the provost. The
provost's review is not a hearing but rather an effort to determine the
appropriateness of the proposed penalty.
(3) Responses to
dean's memorandum
(a) If neither faculty member nor provost initiates further
review. If the faculty member has not requested further review as provided by
paragraph (D)(1) of this rule and if the provost has not initiated further
review as provided by paragraph (D)(2) of this rule, then the dean's
proposed disciplinary action will be deemed acceptable to the faculty member
and the provost. In that event the chair, dean, or other appropriate
administrative officer(s) will proceed to implement the proposed action and no
further review or appeal will be available.
(b) If faculty member requests further review. If the faculty
member requests further review, then the dean will promptly forward the request
to the provost, together with the documentation generated under paragraphs
(D)(1) and (D)(2) of this rule. The provost will convene a mediation committee
to review the matter, following the procedures specified in paragraph (E) of
this rule. Should the faculty member wish to bypass the mediation committee
described in paragraph (E) of this rule, then he or she must submit to the
provost a written request to do so. The request need not include any
explanation of the faculty member's decision. However, a copy of the
faculty member's request will be furnished to any hearing committee that
may be convened to consider the matter pursuant to paragraph (G) of this rule,
and it will be given such consideration as the hearing committee deems
appropriate in its deliberations.
(c) If the provost initiates further review. If the provost
initiates further review under paragraph (D)(2) of this rule to assess the
appropriateness of the proposed disciplinary action, the provost will not
convene a mediation committee (if the faculty member requested further review)
but rather will ask the dean to promptly forward to the provost the
documentation generated under paragraphs (D)(1) and (D)(2) of this rule. The
provost may request additional information from the faculty member, the chair,
and the dean. The provost may request that this information be delivered in
writing, in person, or both. This review shall ordinarily take no more than
fourteen calendar days. At the end of the review, the provost must send the
faculty member a letter stating his or her determination. If the provost
determines that a different penalty is warranted and if it is a more severe
penalty than the dean proposed or not one of the penalties enumerated in
paragraph (C) of this rule, the provost's letter must provide reasons for
recommending the different penalty.
Within fourteen calendar days of receiving
the provost's letter, the faculty member may request further review of
the proposed disciplinary action either by invoking the mediation procedure
described in paragraph (E) of this rule or by requesting to bypass the
mediation procedure and proceed directly to a hearing before the committee on
faculty rights and responsibilities in the manner described in paragraph
(D)(3)(b) of this rule.
If the faculty member does not request
further review, the provost's proposed disciplinary action will be deemed
acceptable to the faculty member and the provost. In this event, the provost
will proceed to implement the proposed action, and no further review or appeal
will be available.
(4) Provost's direct
initiation of disciplinary action
(a) Disciplinary action may also be initiated directly by the
provost, upon the provost's own initiative or based upon a signed written
complaint alleging misconduct by a faculty member.
(b) The provost will consult with the department chair and
divisional dean prior to initiating disciplinary action. As a result of the
consultation, the provost may refer the matter to the department chair and dean
for proceedings in conformity with paragraphs (D)(1) to (D)(3) of this rule. In
the event the provost determines it is appropriate to proceed directly with
disciplinary action, the provost shall submit a memorandum of proposed
disciplinary action to the faculty member, with copies sent to the department
chair and dean. This memorandum shall include the following:
(i) Information in
sufficient detail to disclose fully the nature of the alleged misconduct and of
the proposed disciplinary action;
(ii) Reference to prior
discussions and written communications on the subject, if any;
(iii) Supporting
documentation as appropriate;
(iv) A statement that the
faculty member may obtain a hearing on the matter before the faculty rights and
responsibilities or may invoke the mediation process described in paragraph (E)
of this rule by submitting a written request to the provost within seven
calendar days after receipt of the provost's memorandum. If mediation is
requested but fails, the faculty member may obtain a hearing before the
committee on faculty rights and responsibilities by submitting a written
request within seven days after receipt of the memorandum from the chair of the
mediation committee (described in paragraph (E)(5) of this rule). If the
faculty member does not make a timely request for the mediation procedure or a
hearing before the committee on faculty rights and responsibilities, the
provost's proposed disciplinary action will be deemed acceptable to the
faculty member and no further review or appeal will be available.
(E) Mediation procedure
(1) The following
mediation procedure is applicable in all cases in which it has been properly
invoked under paragraph (D)(3) or (D)(4) of this rule.
A mediation committee consisting of three
members will be convened when a timely request has been made to the dean and
forwarded to the provost or made directly to the provost. The provost's
office will secure appointments to the committee by promptly contacting the
following parties, each of whom will appoint one of the three committee members
within fourteen calendar days:
(a) The committee on faculty rights and responsibilities will
appoint a former member of that committee still employed at the
university.
(b) The faculty member.
(c) The dean or the provost if the provost has proposed the
penalty under paragraph (D)(2) or (D)(4) of this rule.
All members of the mediation committee must be
either tenured members of the faculty or members of the administration holding
tenurable faculty rank and may not be serving on the committee on faculty
rights and responsibilities.
(2) The mediation
committee will convene within a time period specified by the provost, not to
exceed thirty calendar days. The member appointed by the committee on faculty
rights and responsibilities will serve as chair.
(3) The faculty member
and either the dean or the provost (if the provost has proposed the penalty
under paragraph (D)(2) or (D)(4) of this rule) are expected to attend the
mediation meeting. Attendance by legal counsel will not be permitted.
Attendance by other individuals will be at the discretion of the mediation
committee. The meeting will ordinarily be private and confidential to the
extent permitted by law. The mediation committee will review the documentation
generated under paragraphs (D)(1) and (D)(2) of this rule. In its discretion,
the mediation committee may also review other information presented to it by
any of the parties. The mediation committee will endeavor, at the meeting, to
mediate and conciliate the dispute, and to bring about an agreed resolution.
The members of the mediation committee may, in their discretion, schedule one
additional mediation meeting, to be held within fourteen calendar days after
the first. Faculty members participating in the mediation procedure shall be
afforded opportunity, not to exceed twenty-one calendar days, to reflect on
offers and consult counsel before rendering their decisions.
(4) If an agreement is
reached as a result of the mediation procedure, a memorandum of mediation
agreement will be prepared by the chair of the mediation committee and signed
by the chair and both parties. The chair of the mediation committee will report
to the provost, without elaboration, that the matter has been resolved. If the
provost was not a party to the mediation, the mediation agreement is subject to
the approval of the provost. If the provost approves the agreement, the
agreement will be promptly implemented. If the provost does not approve the
agreement, he or she must notify the faculty member in writing, and the matter
will proceed under paragraph (G) of this rule.
(5) If the matter is not
resolved as a result of the mediation procedure, the chair of the mediation
committee will report this outcome in a memorandum without elaboration. The
memorandum will be sent to the faculty member, the dean, if the dean
participated in the mediation, and the provost. The matter will then proceed
under paragraph (G) of this rule.
(6) Once the mediation
committee has either resolved the matter under paragraph (E)(4) of this rule or
advised the provost that mediation was unsuccessful under paragraph (E)(5) of
this rule, the mediation committee will not make any other finding or
recommendation nor take any other action in the matter. Neither the mediation
committee nor any of its members will retain any written or other record of any
of the mediation committee's meetings or actions, except as provided in
paragraph (E)(4) or (E)(5) of this rule.
(F) Failure of mediation in cases
initiated by departmental action
(1) If disciplinary
action is initiated by the department chair and if the provost receives a
report under paragraph (E)(5) of this rule that mediation has not been
successful or a written request under paragraph (D)(3)(b) or (D)(3)(c) of this
rule to bypass mediation, the provost will review the documentation generated
under paragraphs (D)(1) and (D)(2) of this rule, and consider the matter. The
provost may discuss the matter with the parties and solicit additional
information. Within fourteen calendar days after receipt of a report under
paragraph (E)(5) of this rule or a written request under paragraph (D)(3)(b) or
(D)(3)(c) of this rule, the provost will notify the faculty member, department
chair, and dean which of the following courses of action he or she decided
on:
(a) To proceed with disciplinary action as proposed, and with
penalty as recommended, by the dean;
(b) To proceed with disciplinary action proposed by the dean, but
with a different penalty;
(c) To decline to proceed with disciplinary action;
(d) If no decision is made within fourteen calendar days by the
provost, the disciplinary action is at an end, and no further action on the
alleged misconduct is available to the university.
(G) Request for hearing before the
committee on faculty rights and responsibilities in cases initiated by
departmental action
(1) If disciplinary
action is initiated by the department chair and if the provost decides to
proceed with disciplinary action and the faculty member is dissatisfied, the
faculty member may obtain a hearing on the matter before the committee on
faculty rights and responsibilities by submitting a written request to the
provost, with a copy sent to the chair, within seven calendar days after
receipt of the provost's memorandum.
(a) If a hearing is timely requested, the hearing procedures
described in paragraph (H) of this rule will be followed.
(b) If a hearing is not timely requested, the provost's
recommendation will be final, and no further review or appeal will be
available.
(H) Hearing procedure
(1) The following hearing
procedure is applicable in all cases that involve a member of the faculty and
to which the hearing procedure is made applicable by any provision of agency
3339 of the Administrative Code (including paragraphs (D)(4) and (G) of this
rule); and in any case that is initiated by a faculty member's exercise
of an option to proceed under this paragraph even though the case may have
arisen under other university policies or procedures.
(a) Convening of hearing committee
The hearing committee will be made up as
follows:
(i) In all cases the
hearing committee will consist of all currently-sitting members of the
committee of faculty rights and responsibilities who will be available during a
period of time the case will be under consideration. A case may not proceed
under this paragraph with fewer than five committee members unless all parties
have given their written consent.
(ii) Any request that an
individual member of the hearing committee be removed, based upon a claim that
such member cannot be impartial in the particular case, will be resolved by the
chair of the committee on faculty rights and responsibilities, unless the
challenge is to the chair of rights and responsibilities, in which case the
challenge will be resolved by the vice chair of the committee.
(iii) The provost's
office, in consultation with the chair of the committee on faculty rights and
responsibilities, will provide the hearing committee with staff support,
including maintenance of the committee's records and assistance in
scheduling its meetings and hearings.
(iv) Once the hearing
committee has been convened, the documentation generated under paragraphs
(D)(1) and (D)(2) or (D)(4) of this rule will be made available to the
committee members for their review, and will be retained as part of the
committee's file on the case.
(b) Prehearing conference
(i) The hearing committee
will schedule a pre-hearing conference, to be attended by the faculty member,
the provost, and any representatives permitted under the guidelines set forth
in paragraph (H)(4)(c) of this rule. The department chair and dean may also
attend the conference and the hearing, in the discretion of the provost.
Ordinarily, a memorandum of the conference will be prepared by the committee
and supplied to those in attendance and their representatives. The following
matters should be among the goals for the conference:
(a) Provide opportunity
for either party to object to participation by any hearing committee member
because of perceived bias or otherwise;
(b) Review existing
documentation and identify any additional documentation to be provided at the
hearing;
(c) Define and/or limit
issues;
(d) Obtain clear
understanding as to each party's recommended outcome;
(e) Clarify
representation; establish who is to receive notifications;
(f) Obtain lists of
witnesses and evidence to be offered at the hearing;
(g) Establish schedule
for exchange of additional documentation and witness lists;
(h) Obtain requests for
committee assistance in securing the attendance of witnesses;
(i) Discuss anticipated
logistical and evidence problems;
(j) Discuss any
possibility of summary disposition (See paragraph (H)(3) of this
rule);
(k) Invite any further
written submissions;
(l) Review scheduling
problems; consider convenience of expected witnesses; schedule
hearing;
(m) Explain and discuss
hearing procedures.
(c) Summary disposition
The hearing committee may, when a faculty
member decides he or she does not wish a full hearing, process cases without a
hearing by proceeding directly to make a recommendation as provided in
paragraph (H)(4)(m) of this rule. Prior to making a summary recommendation, the
committee will first discuss its proposed course of action at a meeting with
both parties and will consider any objections to such procedure. It may also
invite the parties to furnish documentary evidence, written statements, or
other materials, in addition to the documentation submitted under paragraphs
(D)(1) and (D)(2) or under paragraph (D)(4) of this rule, to assist the
committee in this process. After considering the matter, the committee may
decide the case summarily if convinced that substantially all pertinent
evidence has been brought to its attention, and that any remaining issues of
interpretation can be adequately considered without a hearing.
(d) Hearing guidelines
(i) Neither the hearing
committee nor any of its members should engage in any investigative or
fact-finding activities outside a meeting or hearing of the hearing committee
at which both parties have the opportunity to be present. Individual members of
the hearing committee should not discuss the matter outside of such a meeting
or hearing.
(ii) All communications
from the committee will go to both parties. All communications from either
party to the committee will also go to other party.
(iii) The faculty member
and the provost, as parties to the proceeding, are expected to be present for
the hearing. Both may be represented by legal or other counsel, who may present
written and testimonial evidence, question witnesses, and present arguments,
all subject, however, to the control of the committee. In a disciplinary
hearing, as opposed to a grievance hearing, the presence and advice of legal
counsel or other counsel will be permitted. Upon request, the committee, at its
discretion, may permit either party to have more than one representative, and
may define or limit the participation of any such additional
representative(s).
(iv) The hearing will be
under the control of a member of the committee who has been designated to act
as chair. Such chair shall have authority to take action to preserve decorum,
to protect parties and witnesses, to rule on matters of procedure and evidence,
and to otherwise control the conduct of the hearing, subject to the ultimate
authority of the whole hearing committee.
(v) Both parties, or
their respective representatives, shall have the right to submit evidence and
cross-examine all adverse witnesses who testify in the matter.
(vi) The hearing will
ordinarily be private and confidential to the extent permitted by law.
Witnesses other than the provost, department chair, dean and faculty member
will ordinarily be present only while testifying.
(vii) The committee will
not be informed of discussions held in connection with any mediation meeting on
the case under paragraph (E) of this rule, and members of the mediation
committee will not be permitted to provide testimony or other evidence
regarding the mediation procedure.
(viii) Each party will be
responsible for securing the attendance of witnesses whose testimony will be
offered by such party. However, the committee will reasonably assist either
party by requesting that witnesses attend and give testimony and itself can
call additional witnesses or request documentation.
(ix) Pertinent records
and exhibits may be accepted as evidence for consideration by the hearing
committee.
(x) Formal rules of
evidence will not be followed; the committee may receive any evidence that it
believes to be of probative value.
(xi) The hearing
committee will determine the order of proceedings and other matters pertinent
to the hearing. Normally, the following order will apply:
(a) Opening statements,
if desired;
(b) Presentation of
evidence in support of the claim that misconduct has occurred and the proposed
penalty;
(c) Presentation of
evidence by the faculty member in response;
(d) Presentation of any
evidence by either party that might rebut claims made by the other
party;
(e) Closing statements,
if desired.
(xii) At the
university's option, the hearing will be recorded electronically or by
reporter. The original record shall be the property of the university. A copy
will be made available at cost to the faculty member upon request.
(xiii) At the conclusion
of the hearing, the hearing committee will deliberate in private. The hearing
committee will provide a written report within fourteen calendar days after the
conclusion of the hearing. The report will include findings of fact,
conclusions drawn from these facts and recommendations. At its discretion, the
hearing committee may include observations germane to the case.
(xiv) Once the hearing
committee has transmitted its report to the parties, it will assemble all items
of evidence and other documents that it considered in the matter, the record of
the hearing, its report, and any other important records of the proceeding, and
place them in the committee's file on the case together with the original
documentation submitted under paragraphs (D)(1) and (D)(2) or (D)(4) of this
rule.
The committee's files will be held by
the office of the provost. The notes of individual committee members will be
discarded.
(xv) Implementation. All
recommendations made by the committee on faculty rights and responsibilities
are to be implemented promptly unless appealed to the president.
If there is no appeal and the hearing
committee has recommended that some action should be taken by a chair, dean, or
other university official, the committee will notify that person to implement
the recommendation promptly. If a person modifies or fails to act on the
committee's recommendation, the committee may ask the president to order
that its recommendation be carried out. If the recommendation is modified or
not implemented, the committee may report this to faculty assembly for its
action or instructions.
(I) Appeal to the president
(1) The report of the
hearing committee may be appealed to the president within seven calendar days
of receipt. Appeals to the president must be made in writing, with copies sent
to both parties and to the committee on faculty rights and responsibilities.
The following appeal procedure is applicable:
(a) The party appealing must specify the basis for objection to
the hearing committee's report. Failure to so specify may result in
dismissal of the appeal.
(b) The president will establish a schedule for the submission of
materials and for the completion of any other steps involved in the
appeal.
(c) The president will allow the parties to present argument on
appeal. The president may decide whether to receive these arguments in writing,
in person, or both. Regardless of the method used to present arguments, the
president will allow each party to learn what the other has said and rebut
these statements.
(d) The president's review on appeal will ordinarily be
limited to those specific issues of fact, conclusions, or recommendations
brought to his or her attention by the party appealing.
(e) The president shall be bound by the findings of fact made by
the committee on faculty rights and responsibilities unless those findings are
against the greater weight of the evidence. Due deference must be accorded to
findings of fact of the committee on faculty rights and responsibilities since
it is the committee who is best able to observe the demeanor of witnesses and
weigh their credibility.
(f) After deliberating on the appeal, the president may respond
to the hearing committee's report in the following ways:
(i) The president may
concur with and order the hearing committees recommendations to be implemented
immediately, unless there is an appeal to the board of trustees;
(ii) The president may
remand the matter to the hearing committee for further consideration, and shall
remand the matter to the hearing committee if the president disagrees with any
of the committee's findings of fact, stating why; or
(iii) The president may
reach different conclusions and/or determine not to follow the recommendations
of the hearing committee, but only after consultation with the hearing
committee. If, after the remand under paragraph (I)(6)(b) of this rule and
after consultation with the committee, the president disagrees with the
findings of fact the committee because, in the president's judgment, they
are against the greater weight of evidence, the president may reach new
findings. In any event, however, the hearing committee's conclusions,
recommendations, and the findings of fact will remain unaltered as part of the
record of the case.
(g) The president will promptly provide a written report of his
or her decision on the appeal to the faculty member and to the hearing
committee.
If the president, after consultation with the
hearing committee, does not accept the hearing committee's conclusions or
recommendations, the committee may report this to faculty assembly. If the
president, after consultation with the hearing committee, does not accept the
hearing committee's findings of fact, the committee must report this to
faculty assembly. The committee may report to faculty assembly in either its
annual report or by placing it on the agenda of a meeting of the faculty
assembly for its actions or instructions.
(h) If the matter is remanded by the president to the hearing
committee, copies of the remand determination and its reasons shall be provided
to both parties. The hearing committee will reopen the proceedings and, at the
conclusion thereof, submit a supplemental report to the president, the provost,
and the faculty member. The president may then act according to the options
afforded by paragraph (I)(6) of this rule as if acting on the hearing
committee's original report, except that a matter may be remanded only
once unless the hearing committee agrees to additional remands.
(J) Appeal to the board of
trustees
(1) The president's
decision may be appealed to the board of trustees, which has ultimate authority
to take final action to promote the best interest of the university and to
protect individual rights. The appeal must be filed with the secretary to the
board within fourteen calendar days of receipt of the president's
decision. The board shall review the record; the report and supplemental
report, if any, of the hearing committee; and the written decision and remand
determination, if any, of the president. In its review, the board may consult
with the president and shall give both parties an opportunity to present
argument to it. The board may decide to receive these arguments in writing, in
person, or both. The board's action is final and shall be accompanied by
a statement in writing setting forth its reasons.
(K) Interim suspension
(1) An interim suspension
is a suspension imposed by the provost before the disciplinary procedures
described in this rule are initiated or resolved.
(2) During an interim
suspension, a faculty member is relieved of all employment responsibilities.
Additional terms of suspension, such as loss of office and library access, may
also be imposed.
(3) During an interim
suspension, the faculty member's compensation will be continued until the
procedures described in this rule are completed or twelve months have passed,
whichever occurs earlier. Thereafter, after an order to the faculty member to
show cause why the compensation should not be terminated, the provost may, upon
due consideration, continue or discontinue compensation. Additionally, the
provost may lift the interim suspension before the completion of the
disciplinary procedures described in this rule.
(a) The provost initiates an interim suspension by informing the
faculty member of the suspension orally or in writing. If the initial
notification is given orally, the faculty member shall also receive written
notification. Both the oral and written notifications shall include the
following information:
(i) The terms of the
interim suspension;
(ii) The reason for the
interim suspension;
(iii) The faculty member
has a right to request a meeting to be held before five p.m. the next business
day with the provost, as described in paragraph (K)(2) of this
rule.
(iv) The faculty
member's right as described in paragraph (K)(3) of this rule to have the
committee on faculty rights and responsibilities review the provost's
decision to impose an interim suspension or any of its additional
terms.
(b) The faculty member may request a meeting to be held before
five p.m. the next business day with the provost for the purpose of opposing
the interim suspension or any of its additional terms.
(c) Whether or not the faculty member has met with the provost,
the faculty member may request that the committee on faculty rights and
responsibilities meet with the faculty member and with the provost to review
the provost decision to impose an interim suspension or any of its additional
terms. The meeting(s) shall be held within three calendar days of the faculty
member's request. For the purpose of the meeting(s), a quorum of the
committee on faculty rights and responsibilities shall consist of members of
the committee who can be convened during this time period.
(d) The committee on faculty rights and responsibilities shall,
within twenty-four hours of the last of the meeting(s) with the provost and
faculty member, make a recommendation to the provost that the interim
suspension be continued, modified or lifted.
(L) General matters
(1) References in this
rule to a particular officeholder are to be read as including another person
serving in an acting or interim capacity for the officeholder and, except in
the case of the president, any other person designated by the officeholder to
serve in his or her stead. It is understood that for regional campus faculty
the dean of the regional campuses will be consulted by the chair and dean and
may be involved in these procedures to whatever extent is
appropriate.
(2) In cases in which a
hearing is held under paragraph (H) of this rule as a result of a referral or
election made in a proceeding initiated under a different university policy or
procedure:
(a) The hearing and appeal procedures will be adapted as
necessary in order to allow for active participation by one or more
complainants or university officials previously involved in the
matter.
(b) The documentation provided to the hearing committee under
paragraph (H) of this rule will be the documentation generated in the initial
phase of the university procedure under which the proceeding was
initiated.
(3) Time deadlines
specified in this rule may be extended by agreement of the provost and faculty
member or, in the absence of such agreement, by decision of the chair of the
committee on faculty rights and responsibilities.
(4) The running of any
time period specified in these procedures will be suspended
during:
(a) Thanksgiving recess.
(b) Winter recess.
(c) Spring recess.
(d) The interval between the end of final examinations for spring
semester and the date on which faculty are required to report for the fall
semester.
(5) Disciplinary action
is generally treated as confidential to the extent permitted by law. However,
individuals involved, including witnesses, may be advised of the final outcome
at the discretion of the president.
(6) Increases in salary
and promotion in rank are based on merit and are not matters of right.
Therefore, failure to grant either or both to a faculty member is not
disciplinary action within the meaning of these procedures. However, a tenure,
promotion or salary decision may be grieved on the basis of alleged procedural
error, or academic freedom violation, or improper discrimination. Persons
wishing to pursue this course are directed to rule 3339-8-01 of the
Administrative Code, which describes the university grievance
procedures.
(7) The committee on
faculty rights and responsibilities is deeply committed to maintaining a
disciplinary process that protects the rights of the institution, the accuser
and the accused. The committee on faculty rights and responsibilities reserves
the right to supplement or alter these disciplinary procedures any time it
deems appropriate to protect the constitutional rights, including the right to
academic freedom, of those involved or to comply with state and/or federal law.
In particular, the committee notes that it may well be necessary to supplement
and alter these procedures in cases involving alleged sexual harassment, sexual
violence, domestic violence, dating violence, and stalking in order to comply
with Title IX and the Violence Against Women Act.
