6.2 Procedures for Addressing Allegations of Unacceptable Performance of a Tenured Faculty Member
This policy describes a procedure for review of and recommendation regarding the employment of a tenured faculty member for reasons of failure to maintain an acceptable level of professional competence and diligence in performance of duties as a faculty member.
The normal procedure is that when there are reports of unacceptable performance of a tenured faculty member, the academic dean or department chairperson informs the faculty member if such reports are to be placed in a faculty member's personnel file. The faculty member is given opportunity to respond to the allegations. When the allegations have some validity, the first goal is to improve and restore the colleague's performance to an acceptable level, thereby enhancing effectiveness and restoring trust in that colleague. The following policy is not for cases in which there is an occasional report of such performance, but in cases where, in the judgment of the academic dean, there appears to be sufficient evidence that problems persist.
When there is evidence that indicates that a tenured faculty member may not have maintained an acceptable level of professional competence and diligence in the performance of his or her duties, the academic dean shall initiate a review of the faculty member's performance. The review shall include peer review and administrative review.
6.2.1 Peer Review
Normally the dean shall assign the peer review to the faculty member's department or a committee of the department. In cases in which the dean judges that persons outside the department or college would be best able to judge professional competence, the dean may, with approval of the Professional Status Committee (PSC), appoint such a group to serve the dean with advice.
The dean shall present the allegations of professional incompetence to the committee and request a review and written report with recommendations and supporting rationale. The dean shall notify the faculty member of the allegations and the appointment of the review committee in writing. The dean shall also invite the faculty member to submit a response to the allegations.
The review shall focus on whether the faculty member has maintained an acceptable standard of professional competence and diligence in the performance of his or her duties as required in Chapter 3, Section 3.6. The review committee shall review all the allegations of professional incompetence and lack of diligence. The committee may seek additional information regarding the areas of responsibility which are the subject of the allegations. If the materials presented lead the committee to conclude that the work of a faculty member in those areas does not meet the standards for appointment with tenure, the committee shall also review the performance of the faculty member in other areas of responsibility relevant to the evaluation of professional competence for tenure. This may include obtaining information from the faculty member, colleagues, and students. If new materials are used as evidence against the faculty member, he or she shall have access to these materials and be given reasonable time to respond to them. The faculty member shall also have opportunity to appear before the review committee with a colleague-advisor.
The review committee shall present its report and recommendations to the tenured faculty members of the department for review and recommendation. The faculty member shall receive a copy of the report and be allowed to respond in writing within seven days. In cases where the number of tenured faculty members in the department is small, the dean may request tenured faculty members from other departments to review the report and make recommendations. The report along with a recommendation by the tenured faculty members shall be submitted to the academic dean.
6.2.2 Administrative Review
In addition to initiating the review process, the academic dean shall review the recommendation from the department, the report from the peer review committee, and materials in the office files available to the dean. The faculty member will have access to all those materials except confidential letters. The dean shall discuss all the relevant materials with the faculty member, unless such discussion is waived by the faculty member. The faculty member and dean may each have a colleague present at this meeting. The focus of the dean's review shall be on whether the faculty member has maintained an acceptable level of professional competence and diligence in the performance of his/her duties as required for tenured faculty.
The academic dean shall make a recommendation to the PSC. This recommendation and rationale shall be reported to the faculty member. The dean is not obligated to follow the recommendations of the tenured faculty or the peer review committee.
6.2.3 Professional Status Committee Review
The academic dean shall make a recommendation with supporting rationale to the Professional Status Committee. The recommendation of the tenured faculty and the report of the review committee shall accompany the dean's recommendation. The PSC shall review the recommendation, rationale, and the supporting materials. The faculty member along with a colleague-advisor shall have opportunity to respond to the recommendation and supporting materials in writing as well as to speak before and respond to questions from the PSC. The PSC shall make a recommendation to the president.
6.2.4 The Role of the President
The president may accept or reduce the sanctions recommended by the Professional Status Committee. The faculty member may appeal the president's decision to the Board of Trustees through the judicial procedure of 6.1.
The committees, administrators, and BOT may recommend not taking action or they may recommend dismissal, reprimand, probation, or loss of tenured status. In making a recommendation to change the employment status of the faculty member the burden of proof that adequate cause exists for such action rests with the college and shall be satisfied only by clear and convincing evidence in the record considered as a whole. If the action taken is probation with a loss of tenured status, any subsequent recommendation for appointment with tenure shall be initiated by an academic dean or Provost.
