Section II.M.5: Termination of Faculty for Cause

A tenured faculty member, or a nontenured or a non-tenure-track faculty member whose term of appointment has not yet expired, may be dismissed for cause, but such dismissal shall be carried out only after the faculty member has received notice that their conduct is unacceptable and only after the procedures set forth below are followed. Cause for dismissal shall be as follows:

1. Seriously inadequate performance on the part of a faculty member in the discharge of professional duties.
2. Physical or mental incapacity, provided the same renders the faculty member unfit to teach or to engage in scholarship; and further provided that reasonable accommodation without undue hardship to the College of Arts and Sciences, Law School, or Graduate School shall first be attempted.
3. Repeated or egregious dishonesty.
4. Repeated or egregious violation of criminal laws.
5. Repeated or egregious violation of duly adopted policies of the College or the school in which the faculty member is employed.

Dismissal Procedures

1. Informal Consultation:
   When reasons arise to question the fitness of a College faculty member who has tenure or whose term appointment has not expired, the dean of the school in which the faculty member is appointed shall discuss the matter with the faculty member in personal conference.
2. Preliminary Inquiry:
   If the matter is not resolved, the dean may request that an Advisory Committee be formed. The committee shall consist of six faculty members, two from each of the College’s three schools selected by their respective dean. Any member of the Advisory Committee may be deemed ineligible at the member’s own initiative. The faculty member under consideration by the Advisory Committee may also request that a proposed member or members of the Advisory Committee be deemed ineligible because of potential bias or interest. The deans of the three schools shall rule on such requests by majority vote. A statement with reasonable particularity of the grounds proposed for the dismissal shall be formulated by the dean of the relevant school and provided to the faculty member and to the Advisory Committee. This committee will be charged with determining whether formal proceedings to consider the faculty member’s dismissal will be instituted. If the Advisory Committee, by majority vote, recommends such formal proceedings, action will be commenced under the procedures outlined below. The decision of the Advisory Committee shall be communicated by the dean to the president, together with any additional materials relevant to the case.
3. Formal Proceedings:
   Formal proceedings to dismiss a faculty member for cause shall be commenced by a letter addressed to the faculty member by the president, informing the faculty member of the grounds proposed for dismissal and the timing and location of a hearing. The hearing will be initiated not less than 30 days after receipt of said letter, by a Hearing Committee at which the faculty member may present a case in their defense if they so desire. Any written reply by the faculty member must be submitted to the Hearing Committee not less than one week before the date set for the hearing. The voting members of the Hearing Committee shall consist of five tenured faculty members selected as follows: all three members of the Hearing Committee panel (see Section 4 below) from the school in which the faculty member is appointed and one member from each of the other two schools selected by the president from the members of the Hearing Committee panel representing the other two schools. Members of the Hearing Committee may not have served on the earlier Advisory Committee. Any member of the Hearing Committee may be deemed ineligible at the member’s own initiative. The faculty member under consideration by the Hearing Committee may also request that a proposed member or members of the Hearing Committee be deemed ineligible because of potential bias or interest. The president shall rule on such requests. In the event that a proposed member of the Hearing Committee is deemed ineligible, the president shall appoint another tenured faculty member from the school in which the ineligible faculty member holds an appointment. In the unusual circumstance where eligible faculty members cannot be identified in the challenged faculty member’s school, the president may appoint panel members from the other schools to constitute the Hearing Committee. The hearing shall commence no later than 60 days after receipt by the faculty member of the letter giving notice of formal proceedings. At its first meeting, the Hearing Committee shall elect a chair from among its members.
4. Hearing Committee Panel:
   The deans of the three schools shall each select three tenured full professors to staggered three-year terms on a panel that will serve as the source of Hearing Committee members if and when needed. If a vacancy occurs on this panel, the vacancy shall be filled by the dean. If one of the panel members is the faculty member facing dismissal, the dean shall select a replacement for that member of the panel for that particular case.
5. Consideration by Hearing Committee:
   The Hearing Committee will proceed in private pursuant to fair procedures, but it shall not be necessary to follow formal rules of court procedure. A full record of the committee’s proceedings shall be maintained, including audiotapes of oral presentations. The dean and/or legal counsel or other representative designated by the dean will present the case for termination. The faculty member shall be entitled to appear before the Hearing Committee, and may be assisted by a faculty colleague or by legal counsel employed at the faculty member’s expense. If written briefs would be helpful, the Hearing Committee may request them. In the hearing of charges of incompetence, the committee may seek testimony of reputable teachers and scholars from other institutions.
   
   The Hearing Committee shall reach its judgment by majority vote, on the basis of clear and convincing evidence in the hearing record. The committee may proceed to a judgment promptly, without having the record of the hearing transcribed, when it feels that a just conclusion can be reached by this means; or it may await the availability of a transcript if its judgment would be aided thereby. It shall make explicit findings with respect to each of the grounds of removal presented.
   
   Except for informational announcements covering the time of the hearing and similar matters, there shall be no public statements about the case by or on behalf of either the faculty member or the College until the proceedings have been completed. At the conclusion of its deliberations, the Hearing Committee shall transmit copies of its judgment to the president and to the faculty member. The president may either sustain the judgment of the Hearing Committee, or return it to the Hearing Committee and the faculty member with specific objections. If returned, the Hearing Committee shall then reconsider, taking into account the stated objections and receiving new evidence if necessary, after which it shall return its judgment to the president and to the faculty member.
6. Consideration by President and Board of Trustees:
   The Hearing Committee will proceed in private pursuant to fair procedures, but it shall not be necessary to follow formal rules of court procedure. A full record of the committee’s proceedings shall be maintained, including audiotapes of oral presentations. The dean and/or legal counsel or other representative designated by the dean will present the case for termination. The faculty member shall be entitled to appear before the Hearing Committee, and may be assisted by a faculty colleague or by legal counsel employed at the faculty member’s expense. If written briefs would be helpful, the Hearing Committee may request them. In the hearing of charges of incompetence, the committee may seek testimony of reputable teachers and scholars from other institutions.
   
   The Hearing Committee shall reach its judgment by majority vote, on the basis of clear and convincing evidence in the hearing record. The committee may proceed to a judgment promptly, without having the record of the hearing transcribed, when it feels that a just conclusion can be reached by this means; or it may await the availability of a transcript if its judgment would be aided thereby. It shall make explicit findings with respect to each of the grounds of removal presented.
   
   Except for informational announcements covering the time of the hearing and similar matters, there shall be no public statements about the case by or on behalf of either the faculty member or the College until the proceedings have been completed. At the conclusion of its deliberations, the Hearing Committee shall transmit copies of its judgment to the president and to the faculty member. The president may either sustain the judgment of the Hearing Committee, or return it to the Hearing Committee and the faculty member with specific objections. If returned, the Hearing Committee shall then reconsider, taking into account the stated objections and receiving new evidence if necessary, after which it shall return its judgment to the president and to the faculty member.
7. Consideration by President and Board of Trustees 
   If both the Hearing Committee and the president conclude that there are not sufficient grounds for termination, the charges shall be dismissed. In all other cases the president shall transmit to the Board of Trustees the final judgment of the Hearing Committee, the record of the proceedings, and the separate recommendation of the president, if any. The Board of Trustees shall communicate its decision to the parties.

Continuation of Duties and Pay During Formal Proceedings

Suspension of the faculty member by the president during the proceedings shall occur only if the president is satisfied that there is reasonable concern that immediate harm to the faculty member or others is threatened by the faculty member’s continuance. Any suspension shall be with pay.

Continuation of Duties and Pay Following Formal Proceedings

Except in cases of egregious misconduct, a tenured faculty member, or a faculty member on unexpired term appointment, who is dismissed shall receive their current salary for not more than one year from the date of notification of dismissal whether or not the faculty member is continued in their duties. The faculty member shall be continued in their duties for that period unless the welfare of the faculty member or that of the institution requires that the faculty member be granted a leave of absence.