6.1 Procedures for Addressing Allegations of Misconduct
When all members of the faculty are attentive to their duty to hold themselves and their colleagues to high standards of conduct, disciplinary procedures are seldom needed and occasional lapses are corrected through mutual reproof and counsel. Nevertheless, clear procedures must be specified for those circumstances when a more formal response is warranted. Without such procedures, the college cannot adequately protect the rights of faculty or address the concerns of the community.
Described below are both the informal and the formal means by which the college's expectations are implemented. The college will pursue informal means of resolution first whenever appropriate and no further action will be taken in response to minor misconduct that does not threaten harm to colleagues or students or call into question the offender's fitness to continue on the faculty. In cases where more serious misconduct is alleged, formal proceedings will be initiated either subsequent to or in place of informal procedures.
The Christian character of the Calvin community demands that faculty help and encourage one another in personal as well as professional matters. Accountability to colleagues in this academic community may necessitate discussion of matters that would elsewhere be regarded as purely personal.
It is therefore all the more important that confidentiality be maintained in all matters related to questions of personal and professional misconduct. Faculty members should respect the privacy of a colleague who seeks a listening ear and a word of counsel, and commitments of confidentiality that may be made to colleagues in the context of church pastoral care must be honored. The college also makes every effort to guard the confidentiality of its procedures.
6.1.1 Informal Procedures
Any faculty member who recognizes that he or she has fallen significantly short of the ethical standards of the college should first seek God's help and forgiveness and, if appropriate, apologize to those who may have been wronged and make restitution to any who have been harmed. The faculty member may also wish to seek out a pastor, elder, colleague or friend whose counsel can help him or her to come to full and sincere reconciliation.
Any faculty member who observes that a colleague appears to have lapsed significantly from the college's standards of conduct should first "go and point out the fault when the two of you are alone" (Matt. 18:15), as Christ instructed his disciples to do in such circumstances. The accuser should first search his or her own heart to guard against self-righteousness, personal animosity, and hypocrisy, and s/he should also honor others' rights to privacy and to a broad range of freedom in Christian conduct. Only then may he or she approach the other to make inquiries or offer a word of correction. If the accused person acknowledges that s/he did wrong and undertakes appropriate measures of repentance and restitution, and if the offense involves no substantial or lasting harm to others, no further action is necessary or appropriate. If this informal approach leads to the recognition that the charge of misconduct was unfounded, the accuser should extend an apology to the other and seek to restore the breach of trust that has been created.
If the attempt at personal confrontation and resolution fails, or if the nature of the offense or of the relationship between accuser and accused necessitates the presence of witnesses, the accuser should ask another trusted colleague to be present. Either the accuser or the accused may ask the administrative supervisor of the accused (e.g., department chair or academic dean) also to be present as such a meeting. The goal of such an approach is to ascertain the facts of the situation and, if a wrong has been done, to seek repentance and restitution.
Allegations of personal misconduct that do not involve professional malfeasance or call into question the fitness of the accused to continue to serve on the faculty may be referred to the pastor or elders of the congregation of which the accused is a member for pastoral care and guidance.
6.1.2 Criteria for Initiating Formal Disciplinary Procedures
Formal adjudicatory procedures may be initiated only for allegations of serious misconduct involving professional malfeasance or affecting the fitness of the accused to continue on the faculty of the college, provided that one or more of the following conditions is present:
- The offense is specifically proscribed by a college policy statement (such as the statement on "Sexual, Racial, or Other Harassment" found in Chapter 6, Section 6.5), in which case any procedures and sanctions mandated by that policy will normally take precedence over those described here;
- The accuser is a student, a staff member, or a junior colleague who has special reasons, such as a history of past difficulties of the same kind or the unusual gravity of the offense, for avoiding any personal confrontation with the faculty member;
- The offense signifies a recurrence of past patterns of misconduct that the accuser has attempted unsuccessfully to correct through personal admonition; or
- The offense appears to have caused, or appears likely to cause, serious and lasting harm to another person, the church, or the college. Among the offenses that may fall into this category are fraud or theft; professional dishonesty or misconduct; abuse of a spouse, child, or student; sexual misconduct, including sexual relations outside marriage; abuse or derogation on the basis of race, ethnicity, or gender; immoderate anger, slander, and verbal abuse; abuse of alcohol or other drugs; and persistently profane or obscene language in the classroom or in professional contexts.
If none of the above conditions is present, only informal procedures as described in Chapter 6, Section 6.1.1 may be followed, and no disciplinary sanctions may be imposed.
6.1.3 Formal Disciplinary Procedures
6.1.3.1 Formation of Hearing Committee
At the beginning of each academic year, the Professional Status Committee will appoint a three-person Faculty Hearing Committee (FHC). One of its members will be a faculty member currently serving on PSC who will serve as committee chair; the other two will be members of the teaching faculty. This committee will serve as the hearing committee for any allegations of faculty misconduct that may arise during the following year (including the following summer). Members of the committee shall recuse themselves from hearing any charges against themselves or against a close personal friend or a relative (first cousin or nearer) or the spouse of a relative. PSC shall appoint replacements for members who recuse themselves and shall have the option of appointing a staff member or a student as an additional committee member if circumstances warrant. In accordance with the policies contained in the Student Handbook, a student will normally be added to the hearing committee when charges have been brought by a student.
PSC may appoint a second hearing committee, similarly constituted, in any year if necessary in order to ensure prompt handling of disciplinary allegations. Both hearing committees will then remain in existence for the remainder of the year, and any new discipline matters that may arise will be assigned by lot to one of them.
6.1.3.2 Initial Allegation of Misconduct
Allegations of any serious lapse in conduct meeting one or more of the conditions stated above may be brought to the attention of an appropriate college official. Normally, this official is the academic dean to whom the accused individual is accountable, but the Provost may also serve in this capacity. The official may confer with the accused and with others. If the official decides that the allegations warrant further attention they will then be stated in writing by the official. The written statement must identify the accuser, describe the alleged misconduct, state how it impedes the individual's ability to serve effectively on the college faculty, summarize the evidence for the allegation, and indicate what measures toward correction and reconciliation have already been taken or attempted. The accused person and the chair of his or her department, or his or her unit director, will be notified of the nature of the charges within 7 days after the preparation of this written statement. If the accused wishes to respond at this time, the response must be in writing, within 7 days of receiving such notice.
Special circumstances may necessitate that the identity of the accuser or of witnesses to the alleged misbehavior be withheld until a written statement of the charges is prepared. (These circumstances might include the emotional or psychological instability of the accuser or a justified fear of reprisal.) Accusations made anonymously, however, will not be accepted as a basis for disciplinary action, formal or informal.
6.1.3.3 Notice of Charges and Convening of Hearing Committee
The official will assess the nature and gravity of the charges. At his or her discretion, the steps toward private reconciliation listed above may be pursued in lieu of formal disciplinary proceedings. If the official judges that the nature of the allegations warrants college investigation and action, he or she will provide a written statement of charges, including each of the elements identified in 6.1.3.2 above, and written notice of hearing procedures to the accused and to the member of the FHC within 7 days of the date of initial notice to the accused.
6.1.3.4 Suspension Pending Resolution of Allegations
Suspension from teaching duties or from use of college facilities during disciplinary proceedings may be imposed only in situations involving inability to carry out normal responsibilities or the threat of immediate harm to the accused or others. Any such suspension shall be with pay.
6.1.3.5 Disciplinary Hearing
The FHC will invite the testimony of the accuser (who may be the individual who initiated a complaint, the dean, or the Provost) and the response of the accused and will ask questions of each party. Each party may be accompanied by an advisor from the college community. Each party may request the opportunity to call other witnesses and present other evidence. The FHC will grant any such request that it judges to be reasonable. Each party may offer a concluding statement, orally or in writing. All parties must be invited to be present during all testimony and questioning and must be given the opportunity to question all witnesses.
These hearings will be closed. They will be held no fewer than 14 days and no more than 28 days after the written notice of charges, unless otherwise arranged by mutual agreement. All issues regarding the procedure and administration of these hearings not specified explicitly will be decided by the FHC. After dismissing the accuser and the accused, the FHC will weigh the evidence presented and come to a decision within 7 days, by majority vote, on whether the accused is guilty of a serious lapse of professional conduct. The accused will be presumed to be innocent unless a preponderance of the evidence presented is sufficient to establish guilt. The FHC will consider only the evidence and arguments presented to it at its meetings. If any additional evidence or information relevant to the FHC's decision becomes known to one of its members, each party will be made aware of this and will be given an opportunity to respond at a supplementary hearing before a finding concerning guilt or innocence is reached. A taped or written transcript of all hearings will be kept. Confidentiality will be strictly guarded. A college official bringing charges against a faculty member will take no part in the FHC's deliberations.
6.1.3.6 Sanctions
If the accused is found guilty, the FHC will consider next whether any disciplinary sanctions should be imposed and if so what they should be. Possible sanctions for misconduct include, in order of severity:
- Oral or written reprimand, documented in the personnel file.
- Disqualification from privileges normally accorded to faculty, such as eligibility to lead off-campus programs, eligibility for research support, and participation in faculty-student events or mentorship programs.
- Suspension of tenure, or suspension of tenure-track status, for a period of one or more years with specified conditions for reinstatement.
- Permanent suspension of tenure or disqualification for reappointment with tenure.
- Suspension from the faculty for a period of one or more semesters with specified conditions for reinstatement.
- Dismissal from the faculty.
6.1.3.7 FHC Report and Recommendations
The Faculty Hearing Committee will report to the Professional Status Committee its finding of guilt or innocence and, in the former case, its recommended sanctions, together with a summary of the charges and the evidence presented. A copy of the report will be given to the accused and to his or her department chair and academic dean, and the accused will have the right to submit a written response to the FHC's recommendations within 7 days. The Professional Status Committee will accept or modify the FHC's finding and recommendation within 21 days of their receipt, on the basis of the evidence that was presented to the FHC. Its decision will be communicated to the accused, his or her department chair, members of the FHC, and the president. The decision of the PSC as to guilt or innocence will be final (except for the possibility of appeal as described below).
6.1.3.8 PSC Report and Presidential Action
The president will receive the report and recommendations of the Professional Status Committee and act on them within 14 days. The president may either accept the recommended sanctions or reduce them, on the basis of the evidence that was presented to the FHC. The president's action will be reported to the accused individual, to his or her department chair and academic dean, and to the PSC. The president will also inform the Executive Committee of the Board of Trustees of any instances in which sanctions involving temporary or permanent suspension of tenure or dismissal are imposed.
6.1.3.9 Right of Appeal
The accused will have the right to appeal disciplinary sanctions imposed to the Executive Committee of the Board of Trustees. The appeal should be submitted in writing within 14 days of receiving notice of sanctions imposed. Either the finding of guilt or the sanctions imposed, or both, may be appealed. The Executive Committee will consider the appeal on the basis of the evidence previously presented, after reviewing the recommendations of the FHC and the PSC, receiving any additional oral or written testimony it may wish to invite, and reviewing a taped or written transcript of the FHC hearings. If the Executive Committee decides, by majority vote, to sustain any part of the appeal, it will instruct the president either to retract or modify the finding of guilt or to retract or modify the sanctions previously announced.
6.1.3.10 Exceptions to Stated Deadlines
Deadlines stated in the preceding procedures are guidelines that may be extended by the college with written notice and the consent of the accused in unusual circumstances; e.g., when receipt of a disciplinary complaint or hearing occurs immediately prior to a semester or summer break.
6.1.3.11 Confidentiality of Records
All records of disciplinary proceedings, including transcripts of hearings and copies of FHC reports, will be retained by the Office of the Provost in confidential files. All such records will be destroyed after ten years, unless their retention is required by law. Only the individual involved, the president, the provost and the academic dean will have the right to examine the contents of confidential disciplinary files, unless their disclosure to a hearing committee and PSC is necessitated by future disciplinary proceeding regarding similar allegations of misconduct, their release is ordered by a court or other legal authority, or their release is authorized by the accused individual in the context of an appeal.
6.1.3.12 Public Statements
Unusual circumstances may occasionally necessitate a public statement regarding a faculty discipline case. The president will be responsible for making or approving the content of any such statements, and in doing so s/he will seek to maintain the confidentiality of the proceedings to avoid any disruption of the disciplinary process, and to protect both accuser and accused against undeserved public discredit.
