HEARINGS AND GRIEVANCE COMMITTEES

1. HEARINGS AND GRIEVANCE COMMITTEES

2. HEARINGS COMMITTEE • 6 elected members • Must have permanent tenure when elected

3. 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

4. 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

5. 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

6. 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

7. HEARINGS COMMITTEE • Standard of proof for suspension, demotion, or discharge • University has the burden of proof • Standard is “clear and convincing evidence”

8. 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

9. 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

10. 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

11. 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

12. GRIEVANCE COMMITTEE • 10 elected members • Structured to represent all faculty ranks, both fixed-term and tenure track

13. 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

14. 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