Dismissal for Cause 

.193        Authority. Only the Board of Trustees may dismiss for cause a Faculty member with tenure or whose term appointment has not expired.

.194        Grounds for Dismissal.  The University may, following due process specified below, dismiss a Faculty member for demonstrable incompetence or dishonesty in teaching or research, for manifest neglect of duty, or for other adequate cause.

.195          Informal Resolution.  When there is reason to believe that there are grounds for the dismissal of a member of a Faculty who has tenure or whose term appointment has not expired, the President or his or her representative will advise the Faculty member of the alleged grounds and attempt through personal consultation to resolve the matter.

.196        Commencement and Notice of Dismissal Proceedings.  If the matter is not resolved informally, the President may commence formal dismissal proceedings by providing the Faculty member with a written statement of the grounds for dismissal.  Such a statement must explain with particularity the factual bases of the alleged grounds for dismissal.  The written statement of grounds for dismissal must also state that the Faculty member has the right to be heard by an Ad Hoc Hearing Committee of the Academic Senate.  The President shall at the same time notify in writing the officers of the Academic Senate that a proceeding for dismissal has been instituted.

.197          Ad Hoc Committee of the Academic Senate. When the Academic Senate receives notice that a proceeding for dismissal has been instituted, it shall constitute an Ad Hoc Hearing Committee consisting of five Tenured Senior Faculty members.  One of the committee members will be designated by the Senate to serve as Chair.  The Senate will also designate, in ranked order, a number of alternates.  Any appointee who cannot render an unbiased judgment will so notify the Chairperson of the Academic Senate and be relieved of service. The President and the Faculty member will each have the right to strike, without stating cause, two members proposed for the Committee.

.198        Faculty Member’s Response.  When the Ad Hoc Hearing Committee has been constituted, the Chairperson of that Committee will (1) notify the Faculty member and the President that a Committee has been formed; (2) identify its members: and (3) instruct the Faculty member to submit to this committee and the President a written response to the President’s stated Grounds for Dismissal within thirty days of the notice. (4) advise the Faculty member that he or she may be assisted or represented by counsel  and/or by an academic advisor, at the Faculty member’s choice and expense, throughout the process, and (5) request the President, if he or she chooses, to designate a representative to participate in the proceedings.

.199          Notice of Hearing.  The Committee shall notify the Faculty member and the President, by certified mail, not less than thirty days in advance of a scheduled hearing.  If the Faculty member waives a hearing, the Committee will reach its conclusion based on the documentary evidence presented by the President and the Faculty member.

.200        Conduct of Hearing.  The Committee, in consultation with the parties, shall decide whether the hearing will be public or private.  At the request of either party, or the Committee, a representative of a responsible educational association may attend the proceedings as an observer.

.201         Record of Hearing. A verbatim record of the hearing shall be taken, and, if requested, a printed copy shall be made available to the Faculty member without cost.  The Faculty member and the President’s representative will have the right to confront and cross-examine all witnesses. If a witness cannot or will not appear, but the Committee determines that the interests of justice so require, a written statement by that witness may be admitted in evidence. In such a case the Committee will identify the witness, disclose the statement, and if possible provide for interrogatories. In a hearing on charges of incompetence the testimony shall include that of qualified Faculty members from this or other institutions of higher education.

.202        Rules of Evidence. The Hearing Committee is not bound by strict legal rules of evidence, but may admit any evidence which it judges to be relevant, reliable, and probative on the issues involved.

.203        Burden of Proof.  The burden of proving that adequate cause for dismissal exists rests with the President, and shall be satisfied only by clear and convincing evidence in the record considered as a whole.

.204        Access to Evidence.  The Faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence, and the University will, insofar as is reasonable, secure the cooperation of such witnesses and make available necessary documents and other evidence within its control.  The Hearing Committee shall grant adjournments requested by either party to investigate evidence as to which there is a valid claim of surprise.

.205        Public Announcements. Private hearings are considered confidential. In such a private hearing, except for announcements covering the time and location of the hearing and similar matters, public statements and publicity about the case by either the Faculty member or administrative officers of the University shall be avoided until the proceedings have been completed, including consideration by the Board of Trustees.

.206        Committee’s Determination.  After the hearing, or after reviewing all documentary evidence presented in lieu of hearing, the Committee will render a decision by majority vote.

.207        If the Committee concludes that the President has established grounds for dismissal, it may further determine that some action other than dismissal is warranted.  The Committee shall prepare written findings of facts identifying the factual bases for its conclusion.  The findings must be supported by the evidentiary record.  The Faculty member and the President shall be notified of the decision in writing and shall be provided with a copy of the findings of facts and the conclusion.  On request, the President and the Faculty member shall be given a copy of the hearing record.

.208        If the Committee concludes that adequate cause for dismissal has not been established, and the President rejects the Committee’s conclusion, the President may so advise the Faculty member and the Committee in writing of the basis of the rejection and ask the Committee to reconsider the matter. In responding to the President’s request the Committee will consider any response by the Faculty member.  If the Committee reaffirms its conclusion that adequate cause for dismissal has not been established, it will so report to the President and the Faculty member.

.209        Board of Trustees. If dismissal or other penalties are recommended, or, contrary to the Committee’s conclusion the President chooses to pursue dismissal proceedings, the President will transmit the record of the case to the Board of Trustees.  The Board’s review will be based on the record of the Hearing Committee, and it will provide opportunity for argument, oral or written, by the parties.  The decision of the Hearing Committee will either be sustained, or the proceeding returned to the Committee with specific objections to the Committee’s findings or conclusions.  The Hearing Committee will then reconsider, taking into account the stated objections of the Board and receiving new evidence if necessary.  The Board of Trustees will make a final decision only after study of the Committee’s reconsideration.

.210          Status of Faculty Member during Proceedings.  Until a final decision regarding dismissal has been reached, the Faculty member will be suspended, or assigned to other duties in lieu of suspension, only if continuance in the normal course of Faculty duties threatensimmediate harm to oneself or others.  Before suspending a Faculty member, the President or a representative shall consult with the Committee on Academic Freedom and Tenure of the Academic Senate concerning the reason for the suspension.  The Faculty member’s compensation shall continue during the period of suspension.

 .211       Dismissal.  If dismissed, the Faculty member shall receive notice of termination and compensation for the notice period required for non-renewal as provided in B-3.023-028 or, if the Faculty member was tenured, for one year.  This provision for notice and salary  does not apply if the conduct which justified dismissal involved moral turpitude.