VCOM Faculty Handbook

For other misconduct, or repeated misconduct, disciplinary action is most often provided through a written statement by the Campus Dean, or the faculty member’s supervisor, that outlines the misconduct and explicit corrective action(s) that are to be taken. The resolution will delineate performance goals, as well as other specific goals or measures that must be achieved within a specified period and which become permanent expectations. The Campus Dean, in the presence of the Director for Human Resources, may dismiss, temporarily suspend (with or without pay), or request the faculty member’s resignation for issues of misconduct. If the faculty member declines to resign, the Campus Dean may dismiss the faculty member. Upon being disciplined, the Campus Dean shall provide the faculty member with a formal letter setting out the discipline taken and the reasons for the action. Resignation by the faculty member waves all faculty rights for a hearing. In cases where the faculty member is unavailable for a personal meeting, the requirement of this section will be met by distance discussion with the faculty member. Misconduct Appeal Process to Request a Hearing Any faculty member being disciplined by the Campus Dean for misconduct may appeal to the Provost within seven calendar days of the notification of the disciplinary action by the Campus Dean, to request an internal hearing and be provided the right to present evidence during the hearing. The misconduct hearing will be performed to the best of the ability of the administration. The hearing is an internal procedure and not part of legal proceeding. The administration holds the faculty member harmless and the faculty member holds the administration harmless in the event both parties have, to the best of their understanding and ability, followed the processes in a fair manner. The faculty member has the right to consult with legal counsel prior to the hearing; however, legal counsel is not a part of the hearing and is not allowed in the proceedings. The Campus Dean has the discretion to continue the suspension of the faculty member until the time the Hearing Committee has completed its deliberations and a final action has been approved. 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 much as possible and will in general be a “no comment” statement. Misconduct Hearing Procedures Upon receiving a written appeal within the required timeframe, the Provost will follow the below procedures: 1. The Provost will Chair the Hearing Committee, and as the Chairperson, will designate a secretary for the Hearing Committee and scheduling a hearing. a. The Hearing Committee is limited to administration and faculty of VCOM and will be of such number as deemed appropriate by the Provost. 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. b. 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. c. 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 Hearing Committee if he or she believes a conflict is present. The Provost will consider all challenges and, if decided to be valid, the Provost will appoint a replacement. d. The Provost, as Chair of the 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.

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