Appendix H: Termination and Dismissal of Non-Tenured Faculty Members
A. Dismissal and Academic Freedom
Any utterance or action by any faculty member that falls within the domain of academic freedom as defined in the AAUP’s 1940 Statement of Principles on Academic Freedom and Tenure [with later interpretations] and the AAUP’s 1995 Statement on Extramural Utterances as reprinted in this handbook shall not be the cause of dismissal, except when such actions and utterances clearly demonstrate the faculty member's unfitness for his or her position. “Extramural utterances rarely bear upon the faculty member's fitness for the position. Moreover, a final decision should take into account the faculty member's entire record as a teacher and scholar” (Statement on Extramural Utterances, 1995, AAUP).
B. Dismissal for Cause
Dismissal of non-tenured faculty members prior to the end of a faculty member’s appointment may only occur for adequate cause. Non-tenured faculty members include professors of instruction, lecturers, and probationary tenure track, term, visiting, and adjunct professors. Adequate cause for dismissal includes moral turpitude, incompetence, neglect of duty, or gross personal and/or professional misconduct.
C. Dismissal Process
Dismissal of a non-tenured faculty appointment for cause will be preceded by a written Statement of Charges, from the Provost or his/her designee, framed with reasonable particularity, stating the reasons supporting the faculty member's dismissal and giving notice of dismissal to the faculty member. The Statement of Charges shall be submitted to the faculty member, with a copy to the Dean, for the faculty member's review and consideration. At the discretion of the Provost or his/her designee, the Statement of Charges may follow or may include a notice of suspension of duties. Such suspension shall be with pay for at least the period of time until termination and dismissal are finalized. If and when the faculty member’s employment contract is terminated for cause, no salary will be paid after the effective date of the termination of the contract.
On receipt of the Statement of Charges, the faculty member has ten working days to respond to the Office of Provost, in writing, if he/she so chooses. The Provost shall then make a decision on termination and dismissal after consideration of the charges and the faculty member’s response, if any. The faculty member shall be informed of the Provost’s decision in writing within ten working days of the faculty members response to the Statement of Charges, or within ten working days following the close of the ten-day deadline granted to the faculty member to respond to the Statement of Charges, whichever is applicable.
D. The Right to Appeal
The faculty member shall have a right to appeal the termination and dismissal if, and only if, the faculty member replied in writing and in a timely manner according to the Statement of Charges as explained in Section 3 above. The appeal shall be heard by the Hearing Committee. If the faculty member elects to be heard by the Hearing Committee, he/she shall, within five working days from receipt of Provost’s decision, submit a written request for a hearing by the Hearing Committee to the Executive Director of Human Resources. When a hearing on the termination and dismissal is requested by a faculty member, the Hearing Committee shall be convened. The hearing will be held within a reasonable period of time.
E. The Role of the Hearing Committee in Termination and Dismissal
For the convening of a hearing on the termination and dismissal of a non-tenured faculty member, the Executive Director of Human Resources or his/her designee shall serve as the Hearing Officer. The Hearing Committee will establish that the faculty member concerned has been fully informed in writing as to the cause of termination and dismissal and that the faculty member has responded in writing to the charges. The burden of proof that adequate cause for dismissal exists rests with the institution and must be satisfied by a greater weight of evidence in the record considered as a whole. The hearing will begin with a statement by the Provost addressing the institutional rationale for termination and dismissal. Following this statement, the Provost will leave the proceedings unless specifically asked to remain by the Hearing Committee for the purpose of providing additional testimony. The faculty member will then be given the opportunity to be heard in his/her own defense. At the discretion of the Hearing Committee, the testimony of other witnesses may be taken. The committee has the sole responsibility to investigate and question witnesses and the interested parties for the purpose of clarifying the events in question. The Provost and the President may be asked by the Hearing Committee to provide additional testimony but may not otherwise participate. If a faculty member’s competence to perform his or her duties is in question, the testimony may include that of a qualified teacher from this or other institutions of higher learning. The faculty member will be permitted to have an advisor but not a designated attorney present at all proceedings before the Hearing Committee. Though the testimony of witnesses may be taken, the proceedings are to be construed as collegial rather than legal.
F. Final Adjudication
The Hearing Committee's findings of fact and recommended decision will be based solely on the hearing record. The Hearing Committee may recommend affirming the dismissal, reversing the dismissal, or any other employment action regarding the faculty member that is deemed by the committee to be appropriate. A majority vote of the Hearing Committee will be regarded as the decision of the committee, and no minority report may be filed.
Following the hearing, the Hearing Committee will be limited to a period of fifteen (15) working days for its considerations of evidence and deliberations. The Hearing Committee's findings of fact and recommended decision will be forwarded in writing to the President and to the faculty member concerned. An audio recording of all proceedings before the Hearing Committee will be kept and transmitted to the Office of the President. The President may accept the recommendation of the Hearing Committee, or reject the recommendation of the Hearing Committee, or return the case to the Hearing Committee for reconsideration. The President may consider advice and counsel from any administrative officer, faculty member, trustee or other advisor the President may call upon to provide advice and counsel. The President's decision shall be communicated in writing to the faculty member, to the Institutional Representative, to the Provost, and to the members of the Hearing committee. The President's decision shall be final.
All documentation regarding the termination of a non-tenured faculty member, including statement of charges, faculty member’s written response, the Provost’s reply, audio recording of the hearing, the committee’s recommendation to the President and the President’s written decision, will be turned over to the Executive Director of Human Resources for archiving and shall be retained for seven (7) years.