Policies

4.C.4 Adequate Cause related to harassment, discrimination, retaliation, sexual misconduct, and relationship misconduct

4.C.4 Adequate Cause related to harassment, discrimination, retaliation, sexual misconduct, and relationship misconduct

Adequate Cause

If the charge of Adequate Cause involves a violation of the College’s policies related to harassment, discrimination, retaliation, sexual misconduct, and relationship misconduct, the procedure for imposing a serious sanction or terminating a tenure-line (probationary or tenured) faculty member for Adequate Cause is set forth in this subsection C.4 below:

  1. After having received notice from the Title IX Coordinator that the Investigators or Appeal Committee have issued a final decision that the tenure-line faculty member violated the College’s policies related to harassment, discrimination, retaliation, sexual misconduct and relationship misconduct, and the final decision recommends that the tenure-line faculty member be terminated or issued a serious sanction, the VPAA/Dean will direct the tenured members of the Faculty Welfare Committee to review the matter, in executive session, and provide a recommendation to the President as to whether, in the opinion of the tenured members of the Faculty Welfare Committee, the identified sanction or termination is warranted.  In providing that recommendation, the following process shall be followed:
    1. The Title IX Coordinator will provide the following materials from the preceding investigation and appeal to the VPAA/Dean of the Faculty who will share the materials with the tenured members of the Faculty Welfare Committee: (i) the notice of complaint document; (ii) the investigatory materials (including all interview recordings and tangible evidence considered by the Investigators during the investigation); (iii) the Investigators’ Notice of Decision; (iv) any Notice of Appeal; (v) any response to the Notice of Appeal; and (vi) any Notice of Decision from the Appeal Committee.  These materials, referred to herein as the “Record Materials,” are strictly confidential.  As such, the tenured members of the Faculty Welfare Committee may not share any information contained therein with anyone outside of the Committee, may not make copies of the Record Materials, and must return the Record Materials to the VPAA/Dean at the conclusion of the tenured members of the Faculty Welfare Committee’s review of the matter.
    2. The tenured members of the Faculty Welfare Committee will invite a written statement from the faculty member and the complainant. 
    3. The tenured members of the Faculty Welfare Committee, in executive session, will review the Record Materials and the written statements from the parties, if any, and will make a nonbinding written recommendation to the VPAA/Dean and the President (with copies to the faculty member and the complainant) as to whether serious sanctions or termination is warranted  based upon the factual determinations and the findings as to responsibility made in the Final Notice of Decision (which may have been issued by either the Investigators or Appeal Committee depending on whether an appeal was perfected in the prior process).
  2. After consideration of the opinion of the tenured members of the Faculty Welfare Committee, the President, in consultation with the VPAA/Dean, may: 
    1. 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
    2. 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;
      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.
    3. The President will provide the faculty member, the complainant, the Title IX Coordinator, the VPAA, and the Chair of the Faculty Welfare Committee with a copy of his/her written decision or recommendation, as the case may be.
  3. 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 complainant, the Title IX Coordinator, the VPAA, and the Chair of the Faculty Welfare Committee with a copy of the final written decision of the Board.