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18.
Retirement
Eligibility for participation in the retirement
plan is limited to members of the full-time faculty
and staff who (1) are at least 24 years old, and
(2) have completed one year of full-time service
at the University or at another 501(c) institution.
Participation in the retirement program is optional.
The University will assist individual faculty members
who wish to retire. Guidelines for the University's
retirement incentive policy are reviewed annually
by the Committee on Faculty Benefits and forwarded
to the provost for consideration and action. Once
approved, the guidelines are distributed to all
members of the full-time faculty. The Committee
on Faculty Benefits is empowered to recommend minor
adjustments in the policy; substantive changes,
however, must have the approval of the full Faculty
Senate, the provost and the president. Retirees
who meet years-in-service requirements will also
be eligible for the Benefit Extension Plan set forth
in the Faculty/Staff Benefits Manual.
Tenured full-time faculty are also eligible to apply
for phased retirement which is an appointment with
a reduced load, with proportionally adjusted sabbatical
leave and other benefits for a fixed period prior
to retirement. The dean of academic affairs is the
administrator of the Retirement Incentive Program
and the Phased Retirement Programs.
19. Faculty Grievances
a. Scope
In the event that a faculty member may have a grievance
against the University or another member of the
faculty, it is hoped that such differences can be
resolved informally. However, it may become necessary
for a faculty member to take formal steps to attempt
to resolve the grievance. This section addresses
the procedures that a faculty member should use
for cases other than non-renewal, non-promotion,
or denial of tenure for tenure track appointments.
While baseless complaints are not to be encouraged,
neither should a faculty member be prevented from
pursuing a grievance if s/he so chooses. No individual
will be penalized, disciplined, or prejudiced for
exercising the right to make a complaint or for
aiding another individual in the presentation of
that complaint. Persons obstructing this grievance
process may be disciplined up to and including dismissal.
b. Timeline
Each step outlined below should be taken in a timely
fashion, generally not to exceed three weeks, except
when the University is not in fall and spring sessions.
c. Informal Resolution
Ordinarily, faculty members should try to resolve
grievances through discussions with the responsible
administrative officer or colleague. For example,
if a faculty member has a grievance with respect
to a teaching unit's action, the faculty member
should attempt to resolve the matter through discussions
with the department chair. If it is a college/school
level's action, the faculty member should discuss
the matter with the dean. The administrative officer
may then consult with the other individuals and/or
groups involved in the matter. If the grievance
cannot be resolved with the responsible administrative
officer, the faculty member should then proceed
upward through the chain of authority. If the grievance
remains unresolved, then the faculty member may
seek assistance from the Committee on Faculty Relations.
If these informal means do not result in an agreement,
then the faculty member may file a grievance with
the Committee on Faculty Equity and Grievances.
d. Handling of Grievances by the Committee
on Faculty Equity and Grievances
i. Filing of Grievance
When a faculty member has exhausted the informal
resolution process as set forth above, the grievant
may file a Formal Written Grievance. The Formal
Written Grievance should consist of the grievant's
written statement and relief sought, all documents
and decisions made during the informal resolution
process, the name and telephone number of the grievant,
and a preliminary list of individuals who may be
relevant to the formal hearing process. The date
of receipt of the Formal Written Grievance by the
chair of the Committee on Faculty Equity and Grievances
establishes the "Grievance Date." The
Committee chair should note the Grievance Date for
all parties. When presented with a grievance, the
Committee on Faculty Equity and Grievances may seek
an informal resolution before proceeding to formal
hearings. When the Committee decides that a formal
hearing is to be held, the procedure set forth below
will be implemented:
ii. Hearing Process
1. A date for the formal hearing will be established
by the chair and all persons directly concerned.
The Committee will make available to persons directly
concerned all materials in the Committee chair's
file on the grievance. All persons directly concerned
will be advised of the time and place at which the
hearing is to be held.
2. Extensions of time, or rescheduling may be granted
by the chair for good cause provided that the extension
shall be added to the Grievance Date in calculating
any subsequent due dates established for this process.
3. If the grievant fails to appear at the hearing
without good cause, the case will be dismissed with
prejudice. For this purpose, only circumstances
beyond the grievant's control which prevented his/her
attendance at the hearing will constitute good cause.
4. If the responding party fails to appear at the
hearing, the case will proceed in his/her absence.
5. Any party to the grievance under consideration
will be given an opportunity to be heard by the
full Committee on Faculty Grievances. The faculty
member may have with them at all times a counsel
of his/her own choosing. The Committee may invite
other persons from within or without the University
to give testimony relevant to the case, and either
party to the grievance may request that the Committee
invite such persons.
6. A complete and verbatim record of the hearing
will be kept. At the conclusion of the hearing,
the full record, together with any documents or
other materials which have been introduced during
the hearing, will be made available to the parties
principally concerned. These parties may file written
closing statements, based on a study of the record,
with the chair of the Committee on Faculty Equity
and Grievances. Copies of any closing statements
received will be transmitted by the chair to the
Committee and to the other principals, and the chair
will accept rebuttals to the closing statements
during a specified period of time. Any Party to
the grievance may file a closing statement with
the chair.
7. After an opportunity has been given to the parties
concerned to review the record of the hearing, to
submit closing statements, and to make rebuttals
to the closing statements of others, the Committee
on Faculty Equity and Grievances will deliberate
in executive session and prepare its report.
8. The Committee will deliver a copy of its Final
Grievance Report to the provost and to the parties,
and to no other persons.
9. Before, during, and after any hearings by the
Committee on Faculty Grievances, all persons directly
or indirectly involved in the case are requested
not to discuss the matter at issue or to express
any opinions about it. If it appears desirable that
any public statement be made about the case prior
to the release of the Committee's Final Grievance
Report, such a statement should be made only by
the Chair and should be limited to what the Committee
has authorized him/her to say
10. Upon receipt of the report, the provost will
issue a statement to the Committee on Faculty Equity
and Grievances and to the parties indicating the
action which will be taken by the University, and,
if the action is at variance with the Committee's
recommendation, the reasons for such action.
11. In any grievance or charge of violation of due
process against the provost, s/he will recuse himself/herself,
and the Committee on Faculty Equity and Grievances
will deliver its Final Grievance Report, after formal
hearings, to the president and the parties, and
to no other persons. Similarly, when the provost
has been substantially involved in negotiations
to resolve a grievance, s/he will recuse himself/herself
if the case still requires a formal hearing, and
the Committee on Faculty Grievances will deliver
its report to the president and to the parties.
The president shall issue a statement to the Committee
on Faculty Equity and Grievances, to the parties,
and to the provost indicating the action which will
be taken by the University, and, if the action is
at variance with the Committee's recommendations,
the reasons for such action.
12. The final record of the Grievance, including
the Formal Grievance, the transcript or recording,
and documentary evidence, final or rebuttal statements
of the parties, the Final Grievance Report and the
provost's or president's statement will be retained
by the Office of the Provost for four (4) calendar
years from the Grievance Date.
20. Appeal Procedures for Recommendations
or Final Action involving Non-Renewal, Non-Promotion
or Denial of Tenure for Tenure Track Appointments
If a faculty member has a grievance with respect
to a recommendation or final action regarding non-renewal,
non-promotion, or denial of tenure for a tenure
track appointment, the following procedures apply:
1. If a faculty member disagrees with the recommendation
of a teaching unit rank and tenure committee, department
chair or division director, the faculty member should
place a written statement in his/her file for action
responding to the recommendation. The faculty member
should be given one week to provide this written
response before the file is forwarded to the dean.
2.If a
faculty member disagrees with the recommendation
the dean of the Washington College of Law,
the faculty member should place a written
statement in his/her file-for-action responding
to the recommendation. The faculty member should be given
one week to provide this written response
before the file is forwarded to the provost
or dean of academic affairs.
3. If a faculty member disagrees with the recommendation
of the Committee on Faculty Relations, the faculty
member should place a written statement in his/her
file-for-action responding to the recommendation.
The faculty member should be given one week to provide
this written response before the file is forwarded
to the dean of academic affairs.
4. If a faculty member disagrees with the final
action of the provost or dean of academic affairs,
the faculty member may appeal to the Committee on
Faculty Grievance s, which will present its findings
to the president. The request for an appeal must
take place within three weeks of the decision by
the provost or dean of academic affairs. A faculty
member may file an appeal for the following reasons:
1) improper procedure in handling of the grievance
which adversely affected the faculty member, and
2) new, relevant, and material evidence unavailable
to the faculty member at the time of the original
submission which may tend to change the final outcome
. The review will be based on the original file
for action and the faculty member's written appeal.
After receiving the report of the Committee on Faculty
Grievances, the president may meet with the faculty
member or other persons if the president considers
it necessary. The president will approve, reject,
or amend the provost's decision. The president must
state the grounds for his action in writing to the
grievant, the Committee on Faculty Equity and Grievances,
and the provost. The president's decision is final.
21. Disciplinary Procedures
a. Scope
Unfortunately, from time to time, a faculty member
may be disciplined for incompetence, misconduct,
or conviction of a felony. Disciplinary sanctions
may include, but are not limited to reprimand, suspension,
or dismissal. The University may terminate an appointment
with continuous tenure, or of a probationary or
special appointment before the end of the specified
term, for adequate cause shown. Adequate cause for
dismissal will be related, directly and substantially,
to the fitness or performance of the faculty member
in his/her professional capacity as a teacher or
researcher or creative member of his/her professional
field.
b. Concurrent Grievance Proceedings
Where there is a concurrent or pending related grievance
action, the disciplinary action will be consolidated
with the grievance action and both the disciplinary
and grievance actions will be heard together by
the Hearing Panel (section 21eii). The disciplinary
procedures will govern the handling of both the
grievance and the disciplinary matter in these situations.
c. Timeline
Each step in the informal and formal resolution
process should be taken in a timely fashion, generally
not to exceed three weeks, except when the University
is not in Fall and Spring sessions.
d. Informal Procedures
Where the University proposes to discipline a faculty
member, the faculty member must be notified of the
charges by the appropriate dean of the college/school
and be given an opportunity to respond. Should informal
discussion between the faculty member and appropriate
dean fail to produce a mutual settlement, that dean
shall request the Committee on Faculty Relations
to seek informal resolution of the matter. The dean
shall provide the faculty member with a copy of
the request. Should informal discussion with the
Committee on Faculty Relations fail to reach a resolution,
the dean may request a formal hearing before the
Faculty Hearing Committee.
e. Procedures for Hearings Before the Faculty
Hearing Committee for Termination with Cause and
Other Major Sanctions
i. Filing of Statement of Charges
The dean of the college/school will inform the provost,
who will then submit a formal statement of charges,
framed with reasonable particularity, to the Faculty
Hearing Committee.
ii. Hearing Panel
A matter forwarded to the Faculty Hearing Committee
for formal hearing shall be heard by a panel consisting
of five members of the Hearing Committee selected
at random by lot. The panel will select one of its
members to serve as chair. Members deeming themselves
disqualified for bias or conflict of interest will
remove themselves from the case, either at the request
of a party or on their own initiative. Each party
will have a maximum of two challenges without stated
cause. The Faculty Hearing Committee will replace
any member so disqualified in the same manner as
the original selection process.
When a hearing panel considers a disciplinary matter
or receives a grievance, it has the prerogative
to attempt informal resolution before proceeding
to formal hearings. If the hearing panel cannot
resolve the matter informally, then it will schedule
a formal hearing. The following general hearing
provisions will apply:
1. The hearing panel may modify these procedures
if necessary for the fair and expeditious administration
of these proceedings.
2. The hearing panel shall conduct a pre-hearing
session with the parties to simplify the issues,
effect stipulations of facts, provide for the exchange
of documentary or other information, and achieve
such other appropriate pre-hearing objectives as
will make the hearing fair, effective, and expeditious.
3. The chair of the hearing panel shall notify all
concerned parties of the time and place of the hearing.
Notice of the hearing must be in writing and made
at least three weeks prior to the hearing.
4. Extensions of time or rescheduling requests by
parties may be granted by the chair for good cause.
5. At the minimum, there must be a quorum of the
hearing panel for a hearing to proceed. A quorum
of the hearing panel ordinarily means a majority
of the members. In a disciplinary matter, a full
hearing panel must hear the case.
6. All hearings are closed to the public. The grievant
or accused faculty member may request that the hearing
be public. Ordinarily, the hearing panel will honor
such requests unless there are overriding interests
to have the hearing closed. (e.g., to protect the
identity of a sexual harassment victim) Even in
a public hearing, the hearing panel may limit the
number of observers based on the physical limitations
of the hearing room. The hearing panel, at its sole
discretion, may also remove observers or participants
in the hearing who are disruptive to the process.
7. The panel may invite persons from within or without
the University to give testimony relevant to the
matter, and either party to the matter may request
that the panel invite such [47 | 48] persons. University
personnel will make every effort to cooperate with
the panel in securing witnesses and making available
documentary and other evidence. The parties shall
have the right to cross-examine all witnesses
8. The accused faculty member may receive assistance
of counsel of her/his choosing and at his/her cost.
9. The hearing panel should be provided with independent
counsel. The Office of General Counsel shall be
responsible for providing such counsel.
10. The hearing panel is not bound by strict rules
of legal evidence, and may admit any evidence which
is relevant and material.
11. A complete and verbatim record of the hearing
will be kept. At the conclusion of the hearing,
the full record, together with any documents or
other materials which have been introduced during
the hearing will be made available to either party
for copying at the requesting party's cost. These
parties may file written closing statements, based
on the record, with the chair of the hearing panel.
Copies of any closing statements received will be
transmitted by the chair to the other principals,
and the chair will accept rebuttals to the closing
statements during a specified period of time determined
by the hearing panel.
12. After an opportunity has been given to the parties
concerned to review the record of the hearing, to
submit closing statements, and to make rebuttals
to the closing statements of others, the hearing
panel will deliberate in closed session and prepare
its report.
13. The decision of the hearing panel will be by
majority vote and will be forwarded as recommendations
to the president. The chair of the hearing panel
will also deliver copies of its report to the faculty
member and the provost.
14. The president may approve, reject, or amend
such findings and recommendations. The president
may also remand the report to the hearing panel
with specific instructions for reconsideration.
The hearing panel shall then review the matter in
light of such instructions, holding additional hearings
[48 | 49] and receiving new evidence and testimony,
as necessary, and rendering a decision in the same
manner as before. Only after study of the reconsidered
decision of the hearing panel may the president
make a final decision. The president must state
the grounds for his/her action in writing to the
hearing panel and the faculty member. The president's
decision is final in all cases, except as provided
for below.
15. Before, during, and after any hearings, all
persons directly or indirectly involved in the case
are requested not to discuss the matter at issue
or to express any opinions about it. If it appears
desirable that any public statement be made about
the case prior to the completion of its work, such
a statement should be made only by the chair and
should be limited to what the Committee has authorized
him/her to say.
16. The final record of the case will be retained
by the Office of the Provost for four calendar years.
17. The faculty member may be suspended by the provost
or assigned to other duties during the pendency
of the case. Suspension will be used in cases where
the University deems that there is potential immediate
harm to others if the faculty member continues in
his/her current duties.
18. The accused faculty member may waive the hearing
or respond to the specific charges in writing at
any time before the hearing. In the event the faculty
member waives the hearing, but denies the charges
or asserts that the charges do not support a finding
for the disciplinary action, the panel will decide
its case based on the evidence in the record.
19. If the accused faculty member fails to appear
at the hearing, the hearing will proceed in her/his
absence.
20. If the provost or designee fails to appear at
the hearing without good cause, the case will be
dismissed with prejudice. For this purpose, only
circumstances beyond the provost's or designee's
control which prevented his/her attendance at the
hearing will constitute good cause. The hearing
panel will decide its case based on the evidence
in the record.
21. The burden of proof that adequate cause for
dismissal exists rests with the University and shall
be satisfied only by clear and convincing evidence
in the record as a whole.
f. Appeal Procedures for Dismissal Actions
A faculty member may appeal a disciplinary dismissal
action to the Executive Committee of the Board of
Trustees (Executive Committee) only for the following
reasons: 1) improper procedure in the handling of
the disciplinary process which adversely affected
the faculty member; 2) new, relevant, and material
evidence unavailable to the faculty member at the
time of the original hearing which may tend to change
the outcome of the hearing; or 3) the disciplinary
action is not commensurate with the findings of
the hearing panel or president. The appeal will
be reviewed by the Executive Committee and the review
will be based on the record and the faculty member's
written appeal. The Executive Committee may meet
with the faculty member or other persons if it considers
it necessary. The Executive Committee may approve,
reject, or amend such findings and recommendations.
The Executive Committee must state the grounds for
its action in writing to the panel, president, and
faculty member. The Executive Committee's decision
is final.
g. Procedures for Imposition of Sanctions
other than Dismissal
If the provost believes that the conduct of a faculty
member, although not constituting adequate cause
for dismissal, is sufficiently grave to justify
imposition of a major sanction, such as suspension
from service for a stated period, the provost may
institute a proceeding to impose such a major sanction
pursuant to the procedures outlined in Section 21e
of this Manual.
If the provost believes that the conduct of a faculty
member justifies the imposition of a minor sanction,
such as a reprimand, the provost shall notify the
faculty member of the basis of the proposed sanction
and provide him/her with an opportunity to persuade
the provost that the proposed sanction should not
be imposed. A faculty member who believes that a
minor sanction has been incorrectly imposed under
this paragraph may petition the Committee on Faculty
Equity and Grievances for such action as may be
appropriate.
h. Terminal Salary or Notice
If the appointment is terminated, the faculty member
will receive salary or notice in accordance with
the following schedule: at least three months, if
the final decision is reached by January 31 (or
three months prior to the expiration) of the first
year of probationary service; at least six months,
if the decision is reached by December 15 of the
second year (or after nine months but prior to eighteen
months) of probationary service; at least one year,
if the decision is reached after eighteen months
of probationary service or if the faculty member
has tenure. This provision for terminal notice or
salary need not apply in the event that there has
been a finding that the conduct justifying dismissal
involved conviction of a felony.
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