Policy 8-12.6 Rev 7
Date April 18, 2005
Subject: UNIVERSITY REGULATIONS - Chapter XII
CODE OF FACULTY RIGHTS AND RESPONSIBILITIES- PART VI
PROCEDURES
Please see Attachment A for a diagram of the
Procedures.
A. Concerns
1. As a public institution, the university, including its faculty, is open to comments and criticisms from students, faculty, staff, administrators, and other interested citizens. Such comments and criticisms should be directed to appropriate university officials. The official will respond to such comments in a timely and appropriate fashion.
2. The University encourages informal resolution of problems and affected persons are urged to discuss their concerns with the involved faculty member, with the relevant department chair and dean (unless either is the complainant or respondent). Informal resolution of concerns by mutual consent of all parties is highly desired and is appropriate at any time. Use of a qualified mediator should also be considered.
B. Complaints
1. If informal resolution is inappropriate or not achieved within 30 days, any person directly aggrieved by the allegation or any faculty member, student or staff member may file a complaint alleging a violation of the rules of this code by a faculty member. Complaints alleging illegal discrimination, including sexual harassment, will be handled in accordance with Policy and Procedures No. 2-32. Complaints alleging charges of misconduct in sponsored research will be handled in accordance with Policy and Procedures No. 6-1.1. Other complaints of violations of this code may be filed in the office of the Senior Vice President for Academic Affairs or the Senior Vice President for Health Sciences depending on the department of the responding faculty member. If either vice president is the complainant or the respondent, the other vice president shall act under these rules. The complaint shall be in writing and signed, shall set forth briefly the relevant facts, shall specify the rule or rules violated, and shall describe any previous effort to resolve the complaint. Instructions and forms for filing complaints, shall be available from the vice presidents' offices and the Academic Senate office and published electronically in an Appendix to the Policy and Procedures Manual. All parties shall comply with such instructions and use the proper forms. The cognizant Vice President shall provide the responding faculty member with a copy of the complaint.
2. In consultation with the appropriate dean(s) and chair/director (unless either is the complainant or respondent), the cognizant vice president shall determine whether efforts at informal resolution are appropriate and, if so, shall take whatever steps are useful to that end. These steps may include delegation of the informal resolution process to another person, meetings with the complainant and respondent, or any other processes that the vice president believes will assist in reaching an informal resolution.
3. If informal resolution is inappropriate, or if additional efforts at informal resolution are not successful within 30 days of the filing of the complaint, the vice president shall forward the complaint, with a description of efforts at informal resolution, to the Consolidated Hearing Committee (hereafter "CHC") and notify the respondent and the complainant, and the cognizant department chair/director and dean of the same. From this point forward the office of the vice president shall be a party to the proceedings.
4. From the outset, the university, the Committee, and all participants shall take reasonable steps to protect the rights and, to the extent appropriate, the confidentiality of all parties involved, including individuals who in good faith report perceived misconduct.
C. Administrative Reprimand
1. At any time, the President, Senior Vice President for Academic Affairs, the Senior Vice President for Health Sciences, deans and department chairs may impose written reprimands on faculty members who report to them.
2. Prior to imposing a reprimand, the administrator shall provide the faculty member with a copy of the proposed reprimand, the reasons for it, and provide the faculty member with an opportunity to respond, including a written response to be placed in the faculty member's file. The response shall be received within 15 calendar days of the letter of intent to impose the reprimand and shall be considered by the administrator prior to the imposition of the reprimand.
3. A faculty member may ask the CHC to review an imposed reprimand. In that event the reprimand shall be withdrawn and the administrator may make a complaint under (B) (1) above which shall thereafter be handled in the same way as any other formal complaint. If at the conclusion of such proceedings the reprimand is judged to be unwarranted, all references to the reprimand, including the faculty member's response, shall be removed from the faculty member's file at the request of the faculty member.
Approved: Academic Senate 4/04/05
Approved: Board of Trustees 4/18/05
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