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A faculty member may be dismissed for causes, other than financial necessity or retrenchment while he/she is 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 three professors of the faculty, senior in terms of service and not currently divisional chairpersons, (2) a hearing committee consisting of the divisional chairpersons and three members-at-large selected on the basis of seniority of rank and service not including advisory committee members, (3) the president, (4) and the board of trustees. The three senior professors on the advisory committee shall be selected on the basis of term in service in the professorial rank and if necessary the associate professorial rank, and in alphabetical order. The senior member of the advisory committee shall be its chairperson. The members of the advisory committee and the hearing committee who are in office when a case begins shall continue until the case is closed. The hearing committee shall elect its chairperson from among its members.
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 him/her 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 his/her conviction that a proceeding should be undertaken, action shall be commenced under the procedures that follow. Except where there 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 his/her 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 him/her that, if he/she so requests, a hearing to determine whether he/she should be removed from his/her 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 his/her defense. The faculty member shall be informed, in detail or by reference to published regulations, of the procedural rights that will be accorded to him/her. The faculty member shall state in reply whether he/she wishes 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 him/her shall occur only if immediate harm to himself/herself or others is threatened by his/her continuance, or if, in the judgment 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. He/she 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 or his/her counsel and the representative designated by the president shall have the right, within reasonable limits, to question all witnesses who testify orally.
The faculty member shall have the opportunity to be confronted by all witnesses adverse to him/her. 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 his/her statements, should nevertheless be disclosed to the faculty member. Subject to these safeguards, statements may when necessary be taken outside the hearing and reported to it. All of the proceedings shall be duly recorded. Unless special circumstances warrant, 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 his/her 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 if 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 desirable. Publicity concerning the committee’s decision may properly be withheld until consideration has 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 stated 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 possible until the proceedings have been completed.
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