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A faculty member may be dismissed for causes, other than financial necessity or retrenchment while they are on tenure or prior to the end of a contract, but such dismissal shall be carried out only after prescribed procedures involving (1) an advisory committee consisting of the Faculty Grievance Committee, (2) a hearing committee consisting of the Faculty Council not including advisory committee members, (3) the president, (4) and the board of trustees.
When reason arises to question the fitness of a faculty member who has tenure or whose term appointment has not expired, the president shall discuss the matter with them in personal conference. The matter may be terminated by mutual consent at this point. If, however, an adjustment does not result, the president shall charge the advisory committee with the function of rendering confidential advice and shall informally inquire into the situation in order to effect an adjustment. If none is affected, this committee shall determine whether in its view formal proceedings to consider dismissal should be instituted. If the advisory committee recommends that such proceedings should be begun, or if the president of the institution, even after considering a recommendation of the committee favorable to the faculty member, expresses their conviction that a proceeding should be undertaken, action shall be commenced under the procedures that follow. Except where this is disagreement, the president and the advisory committee shall jointly formulate a statement with reasonable particularity of the grounds proposed for the dismissal. If there is disagreement, the president or their representative shall formulate the statement.
The formal proceedings shall be commenced by a letter addressed to the faculty member by the president informing the faculty member of the statement formulated, and informing them that, if they so request, a hearing to determine whether they should be removed from their faculty position on the grounds stated will be conducted by the hearing committee at a specified time and place. In setting the date of the hearing, sufficient time shall be allowed the faculty member to prepare their defense. The faculty member shall be informed, in detail or by reference to published regulations, of the procedural rights that will be accorded to them. The faculty member shall state in reply whether they wish a hearing, and, if so, shall answer in writing not less than one week before the date set for the hearing, the statements in the president’s letter.
Suspension of the faculty member during the proceedings involving them shall occur only if immediate hard to themself or others is threatened by thier continuance, or if, in the judgement of the president of the college, considerable harm to the quality of the instructional program of the college is the prospect. Any such suspension shall be with pay.
The hearing committee shall proceed by considering the statement of grounds for dismissal already formulated, and the faculty member’s response written before the time of the hearing. If the faculty member has not requested a hearing, the hearing committee shall consider the case on the basis of the obtainable information and decide whether the faculty member shall be removed. If any facts are in dispute, the testimony of witnesses and other evidence concerning the matter set forth in the president’s letter to the faculty member shall be received. All such hearings shall normally be held in private.
The president shall have the option of attendance during the hearing. They may designate an appropriate representative to assist in developing the case; but the committee shall determine the order of proof, shall normally conduct the questioning of witnesses, and, if necessary, shall secure the presentation of evidence importance to the case.
The faculty member shall have the option of assistance by counsel, whose functions shall be similar to those of the representative chosen by the president. The faculty member shall have the aid of the hearing committee, when needed, in securing attendance of witnesses. The faculty member on their counsel and the representative designated by the president shall have the right, within reasonable limites, to question all witnesses who testify orally.
The faculty member shall have the opportunity to be confronted by all witnesses adverse to them. Where unusual and urgent reasons move the hearing committee to withhold this right, or where the witness cannot appear, the identity of the witness, as well as their statements, should nevertheless to be disclosed to the faculty member. Subject to these safeguards, statements may when necessary to be taken outside the hearing and reported to it. All of the proceedings shall be duly recorded. Unless special circumstances warratn, it shall not be necessary to follow formal rules of court procedure. In the hearing of charges of incompetence, the testimony may include that of teachers and other scholars, either from the college or from other institutions.
The hearing committee shall reach its decision in conference, on the basis of the hearing. Before doing so, it shall give opportunity to the faculty member or their counsel and the representative designated by the president to argue orally before it. If written briefs would be helpful, the hearing committee may request them. The committee may proceed to a decision promptly, without having the record of the hearing transcribed, where it feels that a just decision can be reached by this means; or it may await the availability of a transcript it its decision would be aided thereby. It shall make explicit findings with respect to each of the grounds of removal presented, and a reasoned opinion may be desireable. Publicity concerning the committee’s decision may properly be withheld until considerationhas been given to the case by the board of trustees. The president and faculty member shall be notified of the decision in writing and shall be given a copy of the record of the hearing. Any release to the public shall be made through the president’s office.
The president shall transmit to the trustees’ academic affairs committee the full report of the hearing committee, stating its action. The academic affairs committee may choose to review the case, or the faculty member may appeal to the academic affairs committee for review. In either event, the review shall be based on the record of the previous hearing, accompanied by the opportunity for argument, oral or written or both, by the principals at the hearing or their representatives. The decision of the hearing committee shall either be sustained or the proceedings be returned to the committee with the objections specified. In such a case the committee shall reconsider, taking account of the state objections and receiving new evidence if necessary. It shall frame its decision and communicate it in the same manner as before. Only after study of the committee’s reconsideration shall the academic affairs committee make a final decision.
Except for such simple announcements as may be required, covering the time of hearing and similar matters, public statements about the case by either the faculty member or administrative officer shall be avoided so far as proceedings have been completed.
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