Policies

4.C.3 Adequate Cause EXCEPT harassment, discrimination, retaliation, sexual misconduct, and relationship misconduct

4.C.3 Adequate Cause EXCEPT harassment, discrimination, retaliation, sexual misconduct, and relationship misconduct

Adequate Cause

The procedure for imposing a serious sanction or terminating a tenure-line (probationary or tenured) faculty member for Adequate Cause, except in cases involving a violation of the College’s policies related to harassment, discrimination, retaliation, sexual misconduct, and relationship misconduct, is set forth in this subsection C.3 below.

  1. After having received/obtained evidence indicating the existence of Adequate Cause, the VPAA/Dean of the Faculty will seek a private and mutually satisfactory resolution with the affected faculty member;
  2. Failing a mutually satisfactory resolution, the VPAA/Dean of the Faculty will share the evidence of Adequate Cause with the Faculty Personnel Committee, and the Faculty Personnel Committee will invite a response from the faculty member.  The Faculty Personnel Committee will review the information provided to it by the VPAA/Dean and the faculty member and hold informal discussions with the faculty member and  the VPAA/Dean, in a further attempt to explore the feasibility of a resolution that is mutually satisfactory to the faculty member and the VPAA/Dean;
  3. Failing to facilitate such a mutually satisfactory resolution, the Personnel Committee will make a nonbinding written recommendation to the VPAA/Dean and the President as to whether serious sanctions or termination should occur;
  4. After consideration of the written recommendation of the Personnel Committee and in consultation with the President, the VPAA/Dean of the faculty may provide the affected faculty member with a written notice which will include: 1) a recommendation of termination or serious sanctions, 2) a statement of reasons for the recommendation, and 3) a date for a possible review meeting with the tenured members of the Faculty Welfare Committee.  The date of the review meeting shall be set by the Chair of the Faculty Welfare Committee  and shall be no sooner than three (3) weeks and no later than four (4) weeks after the date of the above referenced notice.
  5. If the faculty member wants the tenured members of the Faculty Welfare Committee to review the matter, the faculty member must present a written request to the Chair of the Faculty Welfare Committee at least one week prior to the scheduled review meeting date.  If a timely written request is not made, the review meeting will be cancelled, the tenured members of the Faculty Welfare Committee will not review the case, and the President may proceed directly to step 4.3(C)(3)(g) below.
  6. If the faculty member makes a timely and appropriate request for a review meeting, the faculty member may address the tenured members of the Faculty Welfare Committee in person or in writing as follows:
    1. The faculty member may waive the opportunity to meet personally with the tenured members of the Faculty Welfare Committee and submit a written statement addressing the issue of Adequate Cause.  To be considered, this statement must be presented to the Chair of the Faculty Welfare Committee by written letter at least 2 business days in advance of the scheduled date of the review meeting.
    2. Alternatively, the faculty member may appear in person before the tenured members of the Faculty Welfare Committee. The faculty member may be accompanied by a co-faculty member who serves as a silent observer at the review meeting.
    3. At the review meeting, the tenured members of the Faculty Welfare Committee will take testimony from the faculty member, if present, and the VPAA/Dean, and receive any written information each of them provides to the Committee prior to or at the review meeting on the issue of Adequate Cause.
    4. At the conclusion of the review meeting, the tenured members of the Faculty Welfare Committee will meet in executive session, in the absence of the President and the VPAA/Dean, and arrive at its opinion as to whether or not there is evidence of Adequate Cause for termination or a serious sanction.
    5. The tenured members of the Faculty Welfare Committee will advise the faculty member and the President of its nonbinding opinion in writing within ten (10) calendar days following the review meeting.
  7. After consideration of the opinion of the tenured members of the Faculty Welfare Committee, if any, the President, in consultation with the VPAA/Dean, may:
    1. work with the faculty member to achieve a mutually acceptable resolution;
    2. impose serious sanctions or take other action that does not rise to the level of serious sanctions or termination, and the President’s decision shall be final; or
    3. pursue termination
      1. if the faculty member is a probationary tenure-line faculty member, the President may terminate for Adequate Cause and the President’s decision shall be final; or
      2. if the faculty member is tenured, the President may send a recommendation to terminate for Adequate Cause along with the nonbinding opinion of the tenured members of the Faculty Welfare Committee to the Board of Trustees.
    4. The President will provide the faculty member, the VPAA, and the Chair of the Faculty Welfare Committee (if applicable) with a copy of his/her written decision or recommendation, as the case may be.
  8. When the President sends a recommendation to terminate a tenured faculty member for Adequate Cause to the Board of Trustees:
    1. The Board of Trustees will meet in executive session to consider the recommendation of the President and the nonbinding opinion of the tenured members of the Faculty Welfare Committee; and
    2. The Board of Trustees will render its final written decision on the matter within twenty (20) business days following its receipt of the President’s recommendation.
    3. The President will provide the faculty member, the VPAA, and the Chair of the Faculty Welfare Committee with a copy of the final written decision of the Board.