Appendix C: Guidelines for the Conduct of Inquiries by the Committee on Conference and Faculty Appeal

       The Committee on Conference and Faculty Appeal (“CCFA” of “Committee”) is elected through the University faculty election process, and its obligation is to protect the rights and privileges of individual members of the Faculty on behalf of the entire Faculty. The Faculty Advisory Committee on Policy (“FACP”) selects one member as Chair. See Rules and Procedures of the Faculty, II.D.2.f. It serves principally as a board of review, and considers complaints from members of the Faculty who believe they have been unfairly treated, and after a review of the matter, makes a report giving its opinion with a statement of reasons.

A. The Committee’s Role

       The CCFA serves to safeguard against unfair treatment of individual members of the Faculty. When a member of the Faculty appeals to the CCFA a decision made by another committee, an academic unit, an office, or an officer of the University, the CCFA conducts a review to assess the fairness of the procedures followed, the appropriateness of the criteria used, and the reasonableness of the decision reached. 

B. Procedure for Appeal

1.    Initiation

       At the request of a Faculty member considering an appeal to the CCFA, the Chair of the committee will normally conduct an informal meeting with the Faculty member, advising them about procedures and requirements. A person bringing an appeal (the “Grievant”) to the CCFA should submit a timely written complaint to the Chair of the Committee (see section on timeliness, below). Unless the complaint is untimely (see Section B.4 below), the CCFA will review the complaint and send a copy of the complaint to the University official or office that made the decision or recommendation being challenged in the appeal (“the Respondent”) and to the Dean of the Faculty. The CCFA’s procedures as set forth in the most recent Guidelines at the time the appeal is filed with the Chair of the Committee shall remain valid for the duration of it.

2.    Conduct of Reviews

       Quorum for purposes of CCFA reviews, including hearings, shall be at least six CCFA members, at least four of whom are tenured, and at least one of whom is non-tenured. If a member of the CCFA has a conflict of interest with respect to an inquiry brought before the CCFA, the member shall notify the CCFA Chair and recuse themselves from all proceedings relating to the inquiry. If the Chair has a conflict of interest, the FACP will name an alternative Chair for the matter in question.  The CCFA members constituting a quorum at the outset of a matter before the CCFA shall be the CCFA members who conduct the review and render an opinion on the matter on behalf of the CCFA. At the outset, the CCFA review begins with consideration of whether the grounds for an appeal have been met. If not, the Chair of the CCFA will notify the faculty member and respondent(s) and will conclude the review. In cases involving a proposed suspension or dismissal, the Faculty member is entitled to a hearing before the Committee if requested by the Faculty member.

       Hearings are conducted in a manner providing an orderly and careful presentation of each point of view. The CCFA Chair, when present, presides and works out procedural plans in consultation with the members of the CCFA, the Grievant, and the Respondent.

       Hearings normally begin with the appearance of the Grievant before the CCFA to discuss and clarify the formal statement of grievance. The Grievant and Respondent should indicate to the CCFA what files and which persons they would like the committee to consult and on what subjects. The CCFA members, after examining the files, may also identify additional individuals to be interviewed and/or documents to be reviewed. The CCFA shall determine the individuals to be interviewed, if any, taking into full and fair account the requests of the interested parties. If the CCFA determines that the number of individuals from whom information is desired is too large to make their appearance before the CCFA practical, individuals may be interviewed by two or more members of the CCFA who will then report to the CCFA.  Normally, no observers are permitted during the interviews. If, however, the CCFA concludes that it would be useful for the two sides to appear before the CCFA together, the CCFA will seek such a meeting.

       In no case will those who appear before the CCFA in any capacity be permitted to make recordings of its proceedings or discussions.

3.    Advisor to the Grievant

       A member of the Faculty bringing a grievance before the CCFA is entitled to be accompanied by a member of the Princeton University community serving as an advisor. That advisor may not serve as legal representation.

       Proceedings of the CCFA are not those of a court of law.  A Grievant who is dissatisfied with the proceedings of the CCFA can proceed to a court of law. The CCFA cannot prevent and would not seek to prevent a grievant from consulting his or her own counsel who may advise the Grievant privately. The CCFA may privately seek legal advice from the University’s Office of the General Counsel. Except when explicitly authorized by a University policy approved by the Faculty, legal counsel may not be involved in CCFA proceedings.

4.    Timeliness

       In cases where the grievance is precipitated by a specific decision or action, the Grievant must notify the CCFA of his or her intent to appeal within one (1) week of such decision or action and submit his or her complaint and other supporting documents to the CCFA within three (3) weeks following such notice, unless a different period is prescribed by University policy. The CCFA owes both the Grievant and the Respondent reasonable promptness in conducting the review. Matters that are brought to the CCFA after May 1 may, but need not be, held over for consideration by the committee the following September. The CCFA may conduct its proceedings by video conference, teleconference, or other electronic means. The prohibition against recordings articulated in Paragraph 3 above applies to such proceedings.

5.    Access to Information and Confidentiality

       In order to provide a full and fair review of a grievance, the CCFA may seek out additional information it deems relevant and will question those individuals the Committee determines may have relevant evidence not otherwise available from the record. To maintain confidentiality, attendance at CCFA meetings is restricted to those: a) with a direct interest in the proceedings, and b) who have been invited to attend by the CCFA.

       In order to provide relevant information to and protect the privacy of the Grievant and other involved parties in cases involving reappointments, tenure determinations, and similar issues, the CCFA will seek to protect the confidentiality of documents such as letters or recommendations written in accordance with University policy. The files relevant to the grievance will be deposited in the Office of the Dean of the Faculty for review by the CCFA. The Office of the Dean of the Faculty shall maintain files containing (1) materials which may be seen by the CCFA but not the Grievant or the Respondent; and (2) materials available to the CCFA, the Grievant, and the Respondent with a general description prepared by the CCFA of materials seen by the CCFA but not the Grievant or Respondent. The files will be secured in the Office of the Dean of the Faculty for reading by appropriate persons at the discretion of the Dean of the Faculty.

       In all other types of cases, including faculty discipline matters, the CCFA will work to identify, obtain, and review relevant documents in a manner consistent with the reasonable privacy interests of those involved, applicable University policy, and the University’s obligations under applicable law.

6.    CCFA Opinion

       After completion of its review, the CCFA will report its opinion to the Grievant and the Respondent(s). In cases involving suspension or dismissal, a draft report, summarizing information reviewed by the CCFA and the CCFA’s opinion, will be presented in writing to the Grievant and the Respondent. They may have one week to submit a response to it before the report is finalized. The final report, including the CCFA’s opinion with a statement of reasons, will be sent to the Grievant, the Respondent, the Dean of the Faculty, and to the President of the University.

       When the case involves a suspension or dismissal of a member of the Faculty, the report of the CCFA and the written response of the Respondent may also be transmitted to a committee of the Board of Trustees, through the University’s Secretary, for action as contemplated by Chapter IV, Section P (Procedures for Suspension and Dismissal) of the Rules and Procedures of the Faculty. Similarly, when the CCFA asks to meet with a committee of the Board of Trustees on any question of unfair treatment in relation to the appointment, reappointment or academic duties or privileges of a member of the Faculty, its request for a meeting must be accompanied by a copy of its final report and the written response of the Respondent. See Rules and Procedures of the Faculty Section Iv.P.4. (Academic Status and Privileges). When the CCFA determines that a matter should be reconsidered by another committee, a department, or an officer of the University, the report and the written response of the Respondent shall also be sent to the Dean of the Faculty for such action as may be necessary, or permissible pursuant to the Rules and Procedures of the Faculty or other applicable University policy.

       The CCFA itself is not obligated to inform any other person of its opinion and normally will not release its report to the public or to members of the University community who were not parties to the proceedings; nor will members of the CCFA discuss appeals outside of committee proceedings.

C. Committee Records

       In order to protect the confidentiality of information, the records of the CCFA are maintained in secured files by the Office of the Dean of the Faculty. They contain copies of the grievance, the committee report, and copies of any documents essential to that report. CCFA members are expected to destroy their personal files upon the resolution of each case unless advised otherwise by the Office of the General Counsel. CCFA records are available only to the Chair of the CCFA and individuals authorized by the Dean of the Faculty.

 


i The Committee’s composition and responsibilities are specified in the Rules and Procedures of the Faculty, Section II.D.2.f.

ii A statement of appropriate criteria for appointments and advancements is found in Rules and Procedures of the Faculty, Chapter IV.