Suspension or Dismissal

Policy

For Faculty
Full Professors, Associate Professors, Assistant Professors, Lecturers and Instructors

1. GROUNDS FOR INVOLUNTARY SUSPENSION, DISMISSAL, OR OTHER DISCIPLINARY ACTION FOR CAUSE:
Adopted by resolution of the Board of Trustees, 2 June 2014, amending policies recorded in Trustee minutes of 9 June 1975 and 25 February 2000.

Without either limiting or abrogating any of the powers, duties, and privileges granted by the Charter to the Board of Trustees, the Board of Trustees wishes to reaffirm its long-standing policy of upholding academic freedom and security of academic tenure, and to declare that: A member of the Faculty may be suspended, dismissed, or be subjected to reduction of salary or other workplace restrictions for cause only on the basis of (a) substantial and manifest incompetence, (b) substantial and manifest neglect of duty, or (c) substantial and material misrepresentations in dealings with University officials, including during the appointment process, (d) conduct which is shown to violate the University rules and procedures applicable to a member of the Faculty, or (e) conduct which is shown to substantially  impair the individual's performance of the full range of his or her responsibilities as a member of the Faculty. In the case of (c) an appointment to the Faculty may be rescinded.

Actions taken on these grounds are subject to the procedural rules and safeguards established by the Board of Trustees and stated in paragraphs 2(a), 2(b), and 3 below. It is also the intention of the Board in these matters that a range of penalties be made available so that the nature of the penalty may be commensurate with the nature of the offense.

The Dean of the Faculty, in consultation with the President, may place a member of the Faculty on leave and relieve the Faculty member of teaching, advising and other responsibilities pending a review relating to the Faculty member’s conduct.Placement on leave is not a disciplinary action against a member of the Faculty.  The terms of the leave will be based on the circumstances of the particular situation.

2. PROCEDURES FOR SUSPENSION AND DISMISSAL

a. Suspension: Adopted by resolution of the Board of Trustees, 2 June 2014, amending policies recorded in Trustee minutes of 19 April 1951.

Without limiting or abrogating any of the powers, duties, and privileges granted by the Charter to the Board of Trustees, and without restricting the right of suspension in the first instance residing in the President, the Board of Trustees declares that it is its intention, in case of suspension of a member of the Faculty by the President, to proceed as follows:

Should the Dean of the Faculty determine it is necessary to review the conduct of a Faculty member under this section, the Dean will schedule an initial meeting with the Faculty member to apprise the Faculty member of the circumstances and to offer the Faculty member the opportunity to be heard and to provide additional information.  If, at the conclusion of the Dean of the Faculty’s review, s/he is considering recommending to the President that the Faculty member be suspended, prior to submitting such written recommendation the Dean of the Faculty will again meet with the Faculty member to provide the Faculty member an opportunity to be heard.  After receiving the recommendation from the Dean of the Faculty, the President will request a meeting with the Faculty member.  Following that meeting (or if the Faculty member declines the meeting), if the President accepts the recommendation of the Dean of the Faculty, the Faculty member shall receive a written statement from the President giving the reasons for the proposed suspension.  Upon receiving the statement of reasons, the Faculty member shall be entitled, if the Faculty member requests it within a reasonably prompt time, to a hearing before the Committee on Conference and Faculty Appeal (CCFA), at which time the Faculty member shall have the right to appear and be heard. The CCFA, after considering the case, shall report its opinion, with a statement of the reasons, to the President. If the President decides to continue with the suspension, the President shall report that decision, with a statement of reasons, to a committee of the Board appointed to consider the proposed suspension, with a copy of the statement of reasons provided to the CCFA. Before final action is taken by the Board, the committee of the Board shall meet with the CCFA to discuss the report, at which meeting the Faculty member shall have a right to appear and be heard.

If the Faculty member does not request a hearing before the CCFA, a committee of the Board will be appointed to consider the proposed suspension and submit it to the Board for final action.

b. Dismissal: Adopted by resolution of the Board of Trustees, 2 June 2014, amending policies recorded in Trustee minutes of 15 June 1918.

Without either limiting or abrogating any of the powers, duties, or privileges granted by the Charter to the Board of Trustees, or intending to make any change in the policy which it has followed for many years of upholding the security of academic tenure, the Board of Trustees hereby declares that it is its intention, in case a proposal is brought before it to dismiss from the University a Professor, Associate Professor, or Assistant Professor, to proceed as follows:

Should the Dean of the Faculty determine it is necessary to review the conduct of a Faculty member under this section, the Dean will schedule an initial meeting with the Faculty member to apprise the Faculty member of the circumstances and to offer the Faculty member the opportunity to be heard and to provide additional information.  If, at the conclusion of the Dean of the Faculty’s review, s/he is considering recommending to the President that the Faculty member be dismissed, prior to submitting such written recommendation the Dean of the Faculty will again meet with the Faculty member to provide the Faculty member an opportunity to be heard. After receiving the recommendation from the Dean of the Faculty, the President will request a meeting with the Faculty member.  Following that meeting (or if the Faculty member declines the meeting), if the President accepts the recommendation of the Dean of the Faculty, the Faculty member shall receive a written statement from the President giving the reasons for the proposed dismissal.  Upon receiving the statement of reasons, the Faculty member shall be entitled, if the Faculty member requests it within a reasonably prompt time, to a hearing before the Committee on Conference and Faculty Appeal (CCFA), at which time the Faculty member shall have the right to appear and be heard.The CCFA, after considering the case, shall report its opinion, with a statement of the reasons, to the President. If the President decides to continue with the dismissal, the President shall report that decision to a committee of the Board appointed to consider the proposed dismissal, with a copy of the statement of reasons provided to the CCFA. Before final action is taken by the Board, a committee of the Board shall meet with the CCFA to discuss the report, at which meeting the Faculty member shall have a right to appear and be heard.

If the Faculty member does not request a hearing before the CCFA, a committee of the Board will be appointed to consider the proposed dismissal and submit it to the Board for final action.


c. Suspension and Dismissal involving Non-professorial Faculty Ranks

Suspension and dismissal involving all non-professorial Faculty ranks are subject to the same procedural rules and safeguards as described in Sections 2.a and 2.b above.
 

3. ACADEMIC STATUS AND PRIVILEGES:
Minutes of the Board of Trustees, 15 June 1959

Without limiting or abrogating any of the powers, duties, and privileges granted by the Charter to the Board of Trustees, and without restricting the powers delegated to the President regarding academic appointments, but recognizing the desire of the Faculty that the Committee on Conference and Faculty Appeal should extend its role to conduct hearings not only on cases of dismissal and suspension (as provided for by the Minutes of the Board of Trustees of 15 June 1918, and 19 April 1951) but also on cases of possible unfair treatment in relation to the appointment, reappointment, or academic duties or privileges of academic personnel, the Board of Trustees declares its approval of the charge and procedures in respect to these matters which were voted for the Committee on Conference and Faculty Appeal by the Faculty in its meeting of 4 May 1959.

The Board of Trustees further declares that, when requested by the Committee on Conference and Faculty Appeal and so determined by the Board, a subcommittee of the Board shall meet with the Committee on questions of possible unfair practice relative to academic status and privileges to discuss the Committee's opinion, shall give the aggrieved person an opportunity to appear and be heard at such a meeting, and shall report its opinion to the Board.

For Academic Professionals
Professional Researchers (including visitors and PostDocs), Professional Specialists and Librarians

Suspension or Dismissal for Academic Professionals

Professional Researchers and Specialists

Any professional researcher may be terminated prior to expiration of his/her term of appointment or subjected to other disciplinary action for cause, which consists of (a) continuing unsatisfactory performance after due notice; or (b) conduct which is shown to violate the University rules and procedures applicable to researchers, or substantially to impair the individual's performance of his/her responsibilities as a researcher.

Librarians

Librarians on annual appointment must receive at least three months’ notice of the University’s intention not to reappoint them. Librarians on continuing appointment must, except if terminated for cause, receive at least six months’ notice of termination or equivalent pay, at the option of the University. Time spent and benefits received on temporary disability may count toward satisfaction of this obligation by the University. It is expected that a librarian will give due consideration to the length of time that may be required for the University to fill his or her position when giving notice of resignation.

A member of the staff may be subject to disciplinary action including but not limited to suspension, dismissal, or salary reduction for cause on the basis of: (a) continuing unsatisfactory performance after due notice; or (b) conduct which is shown to violate the University rules and procedures applicable to a member of the professional library staff or substantially to impair the individual’s performance of his or her responsibilities as a member of the staff. The range of penalties described above is provided so that the penalty may be commensurate with the nature of the offense.

Before any of the above actions are taken, a staff member is entitled to receive from his or her supervisor a statement in writing of the reasons for the proposed action. If the staff member wishes, he or she may receive a hearing under the provisions of the “Grievance Procedures for the Professional Library Staff”.