VCOM Faculty Handbook

All hearing procedures are confidential, and any public discussion by the parties must be avoided. Discussion of the details of the hearing outside of the Hearing Committee is prohibited except as required by law. For the protection of all concerned parties, public statements about the case will be avoided as will in general be a no comment statement. In the case of exception, the faculty member and the Campus Dean shall be informed and VCOM’s legal counsel and VP for Communications shall be consulted to approve any statement released. Misconduct Hearing Procedures Upon receiving a written appeal within the required timeframe, the Provost will follow the below procedures: 1. The Provost will be in charge of appointing the Appeal Hearing Committee, designating the chairperson of the Appeal Hearing Committee, designating a secretary for the Appeal Hearing Committee, and scheduling the hearing. a. The Appeal Hearing Committee is limited to administration and faculty of VCOM and will be of such number as deemed appropriate by the Provost. b. All misconduct hearings will be closed to protect both VCOM and the faculty member. The faculty member shall be entitled to be present at all times when evidence is being presented. c. If a hearing committee member cannot attend due to illness or other circumstance beyond the faculty member’s control, the Provost will appoint a replacement. d. Either party to the proceedings may, prior to the presentation of evidence, challenge, for cause, the appropriateness of individual members appointed to serve on the Appeal Hearing Committee if they believe a conflict is present. The Provost will consider all challenges and, if decided to be valid, the Provost will appoint a replacement. e. The Chair of the Appeal Hearing Committee, will administer the hearing. The Chair will decide whether questions are permissible, and whether evidence and witnesses are relevant or irrelevant, with the understanding that relevant evidence and witnesses will always be admitted. f. The Chair will be responsible for maintaining an orderly, fair, and respectful hearing and will have broad authority to respond to disruptive or harassing behaviors, including adjourning the hearing or excluding the offending individual, including a party, witness, or advisor. g. VCOM reserves the right to record the hearing for the purpose of the minutes. All recordings of the hearing will be destroyed after final action is taken. 2. The written appeal and any other relevant documentation will be provided to the Chair of the Appeal Hearing Committee and distributed to the members of the Committee. 3. The Campus Dean will bring forth the reasons for the disciplinary action and give verbal and written testimony to support the reasons. 4. At the hearing, the Chair will request the faculty member’s verbal statement. 5. The affected faculty member may present testimony in rebuttal. 6. The affected faculty member may request witnesses be allowed to address the Committee and, if the Chair feels the witnesses are pertinent to the case, they will be heard. 7. The Chair may call other witnesses as deemed necessary. 8. The Chair will summarize the case and will excuse all persons except the members of the Committee prior to deliberations. 9. The Appeal Hearing Committee will deliberate to determine its recommendation to the Provost. Only those members who have been present at all sessions in which evidence has been presented and arguments have been heard will have the right to vote. 10. As the Appeal Hearing Committee’s decision is a recommendation to the Provost, the Provost’s decision will serve as the tie-breaking vote in case of a tie of the Appeal Hearing Committee. 11. Within 14 working days following the adjournment of the hearing, the Chair will prepare a written report that contains the Appeal Hearing Committee's findings of fact and recommendations to the Provost. 12. The Appeal Hearing Committee, will send its report to the Provost, the Campus Dean, and the affected faculty member.

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