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, (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 In cases involving misrepresentations during the appointment process, an appointment to the Faculty may be rescinded.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 the paragraphs 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. To that end, two or more of the penalties described below may be combined in appropriate cases.

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

       In the event the Dean of the Faculty has a conflict of interest with respect to a disciplinary matter covered by Section P, an appropriate officer of the University shall be designated by the President to assume the duties of the Dean of the Faculty in the disciplinary matter.

       The range of penalties for disciplinary action are listed below. Unless otherwise stated below, relevant information remains in the individual’s employment record at the University and may be taken into account in judging the seriousness of any future violation. In addition, such information may be disclosed by the Office of the Dean of the Faculty in response to requests for which the individual has given permission, in accordance with University policy or procedures, or in accordance with applicable law.

a.    Warning

       An oral warning is an informal admonition that does not remain in the individual’s employment record at the University, and a written warning is a formal admonition.

b.    Probation

       A more serious admonition assigned for a definite amount of time, typically three months to five years in length. It implies that any subsequent violation, of whatever kind may be grounds for suspension, or in especially serious cases, dismissal from the University.

       Probation may be accompanied by or require fulfillment of certain conditions stipulated by the Dean of the Faculty. These conditions may include, but are not limited to, restriction of duties, removal from an administrative office, or training. During probation, certain restrictions to the leave policy may be imposed, including non-accrual and/or ineligibility for leaves.

c.    Suspension

       When initiated by the University as a penalty for misconduct, “suspension” means an unpaid suspension of employment or an involuntary reduction of duty time with a corresponding reduction in salary for a specified period of time.

       A suspension may be accompanied by or require fulfillment of certain conditions. These conditions may include, but are not limited to, removal from an administrative office, restitution of damages, or training.

d.    Dismissal

       Dismissal means termination from employment by the University and may involve revocation of tenure and all the rights and privileges thereof.

e.    Other Possible Conditions

       Other possible conditions may accompany any of the preceding penalties. Such conditions may include but are not limited to:

  • Campus or community service. Campus or community service may be added to any of the penalties listed above.
  • University Housing. When appropriate to the infraction, particularly in instances involving discriminatory behavior or sexual misconduct, removal from University housing or relocation within University housing may be added to any of the other penalties listed above. For an individual holding a position which requires residence in an undergraduate college, the disciplinary response may involve removal from the position and the housing.
  • Access to Space, Resources, and Activities. In appropriate cases involving misconduct, restrictions may be placed on access to space and/or resources or on participation in activities.
  • Educational Programs. In addition to any of the penalties listed above, an individual may be required to participate in educational programs appropriate to the infraction.