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HEARINGS AND GRIEVANCE COMMITTEES. HEARINGS COMMITTEE. 6 elected members Must have permanent tenure when elected. HEARINGS COMMITTEE. Conducts hearings and makes recommendations on Decisions to suspend, demote, or discharge a faculty member for cause

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hearings committee
HEARINGS COMMITTEE
  • 6 elected members
  • Must have permanent tenure when elected
hearings committee1
HEARINGS COMMITTEE
  • Conducts hearings and makes recommendations on
    • Decisions to suspend, demote, or discharge a faculty member for cause
    • Decisions not to reappoint a non-tenured tenure-track faculty member
hearings committee2
HEARINGS COMMITTEE
  • A decision to suspend, demote, or discharge a fixed-term, tenure-track, or tenured faculty member may be based on grounds of
    • Misconduct
    • Incompetence
    • Neglect of duty
hearings committee3
HEARINGS COMMITTEE
  • Examples of misconduct
    • Violation of professional ethics
    • Mistreatment of students or other employees
    • Research misconduct
    • Financial fraud
    • Unlawful, inappropriate, or unethical conduct
  • Misconduct must
    • be related to academic responsibilities OR
    • reflect adversely on honesty, trustworthiness, or fitness to be a faculty member
hearings committee4
HEARINGS COMMITTEE
  • Examples of incompetence
    • Failure to improve significant, sustained unsatisfactory performance within a reasonable time after having been given an opportunity to do so
  • Examples of neglect of duty
    • Sustained failure to meet classes
    • Sustained failure to perform other significant faculty professional obligations
hearings committee5
HEARINGS COMMITTEE
  • Standard of proof for suspension, demotion, or discharge
    • University has the burden of proof
    • Standard is “clear and convincing evidence”
hearings committee6
HEARINGS COMMITTEE
  • Grounds for appeal of decision not to reappoint a non-tenured tenure-track faculty member
    • Decision was based on impermissible grounds
    • Decision was affected by material procedural irregularity, i.e.,
      • Departure from prescribed procedures for reappointment that cast doubt on the integrity of the decision not to reappoint
hearings committee7
HEARINGS COMMITTEE
  • Standard of proof in denial of tenure case
    • Burden of proof is on the faculty member
    • Standard is to prove by a “preponderance of the evidence” that the faculty member’s contention is true
hearings committee8
HEARINGS COMMITTEE
  • Appeal rights in suspension, demotion, or discharge case
    • No appeal if Chancellor concurs in Hearings Committee recommendation favorable to the faculty member
    • Faculty member may appeal to Trustees if outcome is unfavorable to faculty member
    • Faculty member may appeal a final unfavorable decision to the Board of Governors
hearings committee9
HEARINGS COMMITTEE
  • Appeal rights in denial of tenure case
    • Faculty member may appeal an adverse decision directly to the Board of Governors
    • No appeal to the Board of Trustees
grievance committee
GRIEVANCE COMMITTEE
  • 10 elected members
  • Structured to represent all faculty ranks, both fixed-term and tenure track
grievance committee1
GRIEVANCE COMMITTEE
  • Handles of any grievance not within the jurisdiction of the Hearings Committee
  • Grievances typically involve alleged failure to follow established internal University, school, or departmental policies, e.g.,
    • Salary policy
    • Research leaves
    • Travel policy
    • Promotion to full professor
grievance committee2
GRIEVANCE COMMITTEE
  • Appeal Rights
    • No appeal if Grievance Committee outcome is unfavorable to grievant
    • If advice favorable to the grievant is not followed, grievant may appeal to the Board of Trustees
    • No appeal beyond Board of Trustees