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 In cases involving misrepresentations during the appointment process, an appointment to the Faculty may be rescinded.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.

      Should the Dean of the Faculty determine it is necessary to review the conduct of a member of the Faculty under this section, the Dean or the Dean’s designee will so inform the individual, preferably in person, and apprise them of the circumstances, and offer them the opportunity to be heard and to provide information. If, at the conclusion of the review, the Dean proposes to impose disciplinary action less than suspension, the Dean will provide the member of the Faculty with a written statement articulating the reasons for the proposed disciplinary action.

       Upon receiving the Dean’s decision, the member of the Faculty shall be entitled, if they make the request within one week following the receipt of the Dean’s decision (unless other University policy governs), to a review of the matter by the Committee on Conference and Faculty Appeal (CCFA) in accordance with the Guidelines for the Conduct of Inquiries by the CCFA (Appendix C to these Rules). In the course of this review, the CCFA may, at its discretion, invite the faculty member to a hearing before the CCFA. The CCFA, after considering the case, shall report its opinion, including an explanation of its rationale, to the Dean of the Faculty. If the CCFA does not find sufficient grounds for appeal or affirms the Dean’s decision, then the Dean’s decision shall be final.  If the CCFA recommends a different penalty, and the Dean issues a new decision that is consistent with the CCFA opinion, then this revised decision shall be final. If the CCFA recommends a different penalty and the Dean disagrees with the CCFA opinion, then the President shall decide the penalty and the President’s decision shall be final. 

       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 or dismissal in the first instance residing in the President, the Board of Trustees declares that it is its intention, in case of suspension or dismissal of a member of the Faculty to proceed as follows:

       Should the Dean of the Faculty determine it is necessary to review the conduct of a member of the Faculty under this section, the Dean or the Dean’s designee will so inform the individual, preferably in person, and so apprise them of the circumstances and offer them the opportunity to be heard and to provide information. If, at the conclusion of the review, the Dean is considering recommending to the President that the member of the Faculty be suspended or dismissed, prior to submitting such written recommendation, the Dean of the Faculty will so inform the affected individual and provide another opportunity to be heard.

       If the Dean of the Faculty decides to proceed to recommend suspension or dismissal, the member of the Faculty shall receive a written statement from the Dean articulating the reasons for the proposed suspension or dismissal. Upon receiving the Dean’s statement of reasons, the member of the Faculty shall be entitled to a review of the matter by the CCFA provided they request this review within one week following receipt of the Dean’s statement of reasons, unless another University policy governs. This review shall be conducted in accordance with the Guidelines for the Conduct of Inquiries by the CCFA (Appendix C to these Rules). In cases where suspension or dismissal is recommended, the member of the Faculty shall be entitled to a hearing before the CCFA.  The CCFA, after considering the matter, shall report its opinion, including an explanation of its rationale, to the Dean of the Faculty. If the CCFA recommends a penalty less than suspension, and the Dean issues a new decision consistent with the CCFA’s opinion, the revised decision shall be final. If the Dean disagrees with the CCFA recommendation, or decides to recommend a suspension or dismissal, the Dean shall send the recommendation to the President, along with the statement of reasons provided to the Faculty member, the CCFAs report, and other relevant material. After receiving the recommendation from the Dean of the Faculty, the President will request a meeting with the member of the Faculty.

       Following the meeting (or if the individual declines the meeting), if the President decides upon a penalty less than suspension, that penalty will be imposed and the member of the Faculty shall receive a written statement from the President explaining the decision, and that decision will be final.

       If the President decides to recommend suspension or dismissal, the President shall provide the recommendation to a committee of the Board appointed to consider the proposed suspension or dismissal before the Board takes final action on the recommendation. The President’s recommendation shall be accompanied by (i) the President’s statement of reasons, (ii) the Dean of the Faculty’s recommendation to the President and statement of reasons, (iii) the CCFA’s report, and (iv) material from the review. In cases in which the CCFA’s report advises against suspension or dismissal, recommends a shorter period of suspension than recommended by the President, or recommends suspension when the President recommends dismissal, the committee of the Board shall invite the CCFA to discuss the CCFA’s report. Before final action is taken by the Board, the member of the Faculty shall be invited to appear and be heard by the committee of the Board.

       Minutes of the Board of Trustees, 15 June 1959 (with amendments approved by the Faculty).

       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 members of the Faculty that the Committee on Conference and Faculty Appeal (CCFA) should extend its role to conduct hearings not only in 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 in cases of possible unfair treatment in relation to the appointment, reappointment, or academic duties or privileges of members of the Faculty, the Board of Trustees declares its approval of the charge and procedures in respect to these matters.

       The Board of Trustees further declares that, when requested by the CCFA and so agreed to by the Board, a subcommittee of the Board shall meet with the CCFA on questions of possible unfair practice relative to academic status and privileges. The CCFA’s request for the meeting shall be accompanied by a report articulating the CCFA’s views and their rationale.  If the Board committee agrees to a meeting, and the matter relates to an action against an individual member of the Faculty, the aggrieved member of the Faculty shall be offered the opportunity to appear and be heard at such a meeting.