Faculty Handbook

Discipline and Dismissal of Tenured Faculty for Cause (continued)

IV. ACADEMIC HUMAN RESOURCES POLICIES (Cont.)
 
Dismissal of Tenured Faculty for Cause Appendices

Appendix I 
Procedure for Empaneling a Hearing Committee

  1. The Chair of the UCFT, in consultation with the Office of the Provost, shall annually establish a three-person standing Hearing Committee.  The members of the Hearing Committee will serve until their replacements are selected the following academic year.  A list of three alternates will also be maintained in the event that a panel member is unavailable.  The Office of the Provost will arrange training about academic personnel policies and the dismissal for cause process for the review panel and alternates. 
  2. Members of the Hearing Committee shall be tenured full professors who are currently serving as UCFT members or who have served on the UCFT within the last five academic years.  Three alternates will also be selected in the event a conflict of interest or other exceptional circumstance precludes a member of the Hearing Committee from serving.
  3. No member of a Hearing Committee may serve on a hearing involving a faculty member from the same college in which the hearing member is appointed.
  4. During the meeting referenced in Section VII.B.2.a of the Policy, either party may challenge a member of the Hearing Committee on the grounds that the member has a conflict of interest.  The standard the Chair of the UCFT shall follow in ruling on the challenge is whether, in light of the challenged person’s knowledge of the case or personal or professional relationships with a party, the challenged person would be and be seen to be able to fairly and impartially hear the case and render a fair and impartial judgment. The Chair of the UCFT shall rule on any challenges.
  5. After the selection of the Hearing Committee, the Hearing Committee shall elect its Chair from its membership. The Hearing Committee Chair shall be in charge of the hearing process from this point until the Hearing Committee has submitted its report and recommendations.
  6. The University shall provide legal counsel for the Chair of the UCFT and for the Hearing Committee.

Appendix II 
Procedure for the Hearing

The Chair of the Hearing Committee shall be in charge of the hearing. 

  1. Legal counsel for the Hearing Committee may be present at all hearings and deliberations.
  2. Hearing sessions may be scheduled, at the discretion of the Chair, on any weekday; weekends during the hours 8:00 a.m.–10:00 p.m.; or, by unanimous consent of the parties and Hearing Committee members, on University holidays.  Reasonable efforts shall be made to accommodate the scheduling requests of the parties and Hearing Committee members.
  3. The hearing shall be conducted in an informal manner to the greatest extent possible.  Formal rules of evidence do not apply.
  4. The Chair of the Hearing Committee may, in his/her discretion, exclude evidence, including witness testimony, if the Chair determines that such evidence is not relevant to the charges at issue.
  5. The Chair of the Hearing Committee shall read the charges against the faculty member.
  6. The Chair of the Hearing Committee shall request an initial statement summarizing the faculty member’s responses, which may be presented by the faculty member or his/her advisor or legal counsel.
  7. The charging party (or his/her representative, advisor, or legal counsel) shall present documents/testimony to support the charges. The faculty member and his/her advisor or legal counsel have the right to cross-examine all witnesses. The Hearing Committee will normally withhold questions until the cross-examination of the witness has been completed.
  8. The faculty member (or his/her representative, advisor, or legal counsel) shall present documents/testimony to refute the charges. The charging party and his/her legal counsel have the right to cross-examine witnesses. The Hearing Committee will normally withhold questions until the cross-examination of the witness has been completed.
  9. After the faculty member’s witnesses have completed their testimony, including any cross-examination, the charging party may present rebuttal evidence. Rebuttal evidence shall be limited to new matters introduced in the faculty member’s case. Surrebuttal evidence (limited to evidence rebutting the charging party’s rebuttal evidence) shall also be allowed.
  10. The charging party (or his/her representative, advisor, or legal counsel) shall present his/her closing argument.
  11. The faculty member (or his/her representative, advisor, or legal counsel) shall present his/her closing argument.
  12. The Hearing Committee shall deliberate to prepare its report and recommendations.

Appendix III 
Procedures for Selecting Dismissal for Cause Review Officer

  1.  A panel of ten tenured faculty members shall be established from which one shall be selected by the Provost of the University to advise the Provost when a Dean proposes to initiate dismissal for cause proceedings against a faculty member under Section I of the Policy. The reviewer, called the Dismissal for Cause Review Officer, or the Review Officer, may not be from the same college as the faculty member against whom charges may be filed or the Dean filing the charges.
  2. The panel shall be composed of tenured faculty members selected by the Provost in consultation with the Chairs of the UCFT and University Committee on Faculty Affairs.  It is preferable for panel members to be tenured full professors who have (a) experience in chairing grievance panels, standing or ad hoc committees, (b) training or experience in grievances, arbitration, and/or mediation, or (c) legal training.
  3. Panel members shall serve at the pleasure of the Provost, with vacancies filled in accordance with the procedure stated above.

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