The University shall have the right to dismiss any member of the faculty for adequate cause*. Cause, except as stated in Section VII (below), means incompetence, grave misconduct, or neglect of duty. The following dismissal procedures will be used when dismissal or suspension of any faculty member with tenure is being contemplated.
A. Preliminary Proceedings
When reason arises to question the fitness of a faculty member who has tenure or whose term appointment has not expired, the appropriate administrative officers shall ordinarily discuss the matter with the faculty member in personal conference. The matter may be terminated by mutual consent at this point; but if an adjustment does not result, the Personnel Committee of the Faculty Senate shall informally inquire into the situation, to effect an adjustment if possible, and, if none is effected, to determine whether in its view formal proceedings to consider dismissal should be instituted. If the committee recommends that such proceedings should be begun or if the President of the University, even after considering a recommendation of the committee favorable to the faculty member, believes that a proceeding should be undertaken, action should be commenced under the procedures which follow. Except where there is disagreement, a statement with reasonable particularity of the grounds proposed for the dismissal shall then be jointly formulated by the President and the Personnel Committee of the Faculty Senate; if there is disagreement, the President or a representative shall formulate the statement.
B. Formal Proceedings
1. Commencement of Formal Proceedings
Formal proceedings shall be commenced by a communication addressed to the faculty member by the President of the University containing the statement of grounds and informing the faculty member that, if the faculty member so requests, a hearing to determine whether he or she should be removed from his or her faculty position on the grounds stated will be conducted by a Faculty 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 a defense. The faculty member shall be informed, in detail or by reference to published regula- tions, of the procedural rights that will be accorded to him or her. The faculty member should state in reply whether he or she wishes a hearing and, if so, should answer in writing, not less than one week before the date set for the hearing, the statements in the President’s letter.
2. Suspension of the Faculty Member
Suspension of the faculty member during the proceedings is justified only if immediate harm to the faculty member or others is threatened by the faculty member’s continuance. Unless legal considerations forbid, any such suspension will be with pay.
3. Hearing Committee
The committee of faculty members to conduct the hearing and reach a decision shall be established by the Faculty Senate Personnel Committee as soon as possible after the President’s letter to the faculty member has been sent. The choice of members of the Hearing Committee shall be on the basis of their objectivity and competence and of the regard in which they are held in the academic community. The Committee will elect its own chair.
4, Committee Procedures
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 Committee will consider the case on the basis of the obtainable information and decide whether he or she should be removed; otherwise, the hearing shall go forward. The Committee, in consultation with the President and the faculty member, will exercise its judgment as to whether the hearing shall be public or private. 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 will be received.
The President shall have the option of attendance during the hearing, or may designate an appropriate representative to assist in developing the case; but the Committee shall determine the order of proof, will normally conduct the questioning of witnesses, and, if necessary, will secure the presentation of evidence important to the case.
The faculty member shall have the option of assistance by counsel. The faculty member shall have the additional procedural rights set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, and shall have the aid of the Committee, when needed, in securing the attendance of witnesses. The faculty member or his or her counsel and the representatives 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 adverse witnesses. 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 or her statements, shall 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 evidence will be duly recorded. Unless special circumstances warrant, it will not be necessary to follow formal rules of court procedure.
5. Consideration by Hearing Committee
The 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 or her counsel and the representative designated by the President to argue orally before it. If written briefs would be helpful, the Committee may request them. The Committee may proceed to 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 of the hearing if its decision would be aided thereby. It will 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 of the University. The President and the 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.
6. Consideration by Board of Trustees
The President shall transmit to the Board of Trustees the full report of the Hearing Committee, stating its action. Acceptance of the Committee’s decision would normally be expected. If the Board of Trustees chooses to review the case, its review shall be based on the record of the previous hearing, accompanied by opportunity for argument, oral or written or both, by the principals at the hearing or their representatives. The decision of the Hearing Committee shall be sustained or the proceeding be returned to the Committee with 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 Board of Trustees make a final decision overruling the Committee.
7. Publicity
Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statement about the case by either the faculty member or administrative officers shall be avoided so far as possible until the proceedings have been completed. Announcement of the final decision shall include a statement of the Hearing Committee’s original action if this has not previously been made known.