Disciplinary Regulations and Procedures to Terminate or Suspend a Faculty Member on the Tenure Track 

Article XIX. Initiation of Proceedings to Terminate or Suspend a Tenure Track Faculty Member on the Tenure Track

1. Violations of General or Particular Obligations.  These procedures apply to all cases where a dean or the Provost seeks to terminate or suspend without pay a Tenure Track Faculty Member for an alleged violation of the general or particular obligations in Title III.

2. [Initiation of proceedings] Whenever the President and Chancellor or the Provost, or the dean of a college, school, or division of the University with the assent of the President and Chancellor or the Provost shall deem such action is warranted, that person shall initiate proceedings to terminate or suspend the service of a faculty on the tenure track by providing the faculty member involved with written notice [by registered mail or email] setting forth clearly and directly all charges against the faculty member and proposed sanctions, and informing the faculty member of their rights under this section, the Bylaws of the University, and rules regulating proceedings on such charges.

3. [Summary suspension]. Summary suspension pending investigation and hearing is an extraordinary remedy, but nothing in this statement shall be interpreted as precluding such action by the President and Chancellor or the Provost or the dean of the college, school, or division involved with the assent of the President and Chancellor or Provost, whenever, in the judgment of either, suspension is necessary in the interest of the University community.

4. [Informal resolution at school level]. When a disciplinary proceeding to terminate or suspend is initiated against a tenure track faculty member, an effort shall be made to resolve the matter informally under the direction of the dean of the faculty member’s school or the dean’s representative, or, at the dean’s discretion, with a standing or ad hoc committee of the faculty of that school charged by the dean. Where the charge is against the dean as a faculty member, the informal effort shall be under the direction of the Provost. Where the matter cannot be resolved in this manner, disciplinary proceedings shall proceed.

Article XX. The Hearing Committee

1. [Hearing committee]. The matter shall be referred by the dean, or by the Provost if the case is against the dean as a faculty member, with the written notice setting forth the charge and all pertinent information, to the chairperson of the Tenured/Tenure Track Faculty Senators Council (“T-FSC”), who shall appoint a special hearing committee of three faculty, either members of the TFSC or not, to hear the matter. The majority of the committee members shall be from the school in which the faculty member holds primary appointment, and none shall have a conflict or appearance of conflict in reviewing the matter. The committee shall not include departmental chairpersons or departmental heads or any faculty whose primary assignment is administrative.  The chairperson of the T-FSC shall appoint the chairperson of the committee.

2. [Procedures and authority]. The special hearing committee shall adopt its own rules of procedure and shall have authority to recommend the sanctions of termination or suspension or other sanctions. Recommendations shall be by majority vote. The special hearing committee shall provide copies of the recommendation to the dean of the relevant school, the respondent, and the Provost. A recommendation for termination or suspension must be approved by the dean (except where the dean is the subject of the charge) and the Provost. The members of the special hearing committee shall maintain the confidentiality of the proceedings both during and following the review, except as required by applicable law.

3. [Appeal].  A faculty member may appeal the decision to impose the sanction of termination or suspension. Appeal shall be to the Provost. Any such appeal must be made to the Provost within fifteen working days after receipt of notice of the decision of the hearing committee. If the charge has been brought against the dean as a faculty member, the dean may appeal the Provost’s decision to impose the sanction of termination or suspension to the President and Chancellor. Grounds for an appeal shall be that the decision was not supported by substantial evidence in the record taken as a whole or that the proceedings were not conducted in substantial compliance with the procedures or principles enumerated herein. In cases involving scientific misconduct, substantial deviance from procedures set out for fact-finding within the affected school shall also be grounds for appeal. The Provost (or President and Chancellor, as the case may be) may seek the advice of such individuals or groups as the Provost deems appropriate.

4. [Provost’s decision]. In deciding the appeal, the Provost (or President and Chancellor, as the case may be) may affirm or reverse the decision, may remand the case for a new or further investigation by the same or a different committee, or may increase or decrease the sanction imposed as the interests of substantial justice appear to the Provost to require. Where scientific misconduct is at issue, the Provost may also remand the case to the dean of the appropriate school with a request for a new or further fact-finding by the same or a new committee, appointed in accordance with the provisions of the rules governing such cases. The Provost or President and Chancellor’s decision on the appeal is final; there is no further appeal.