VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #F008

2.2 Misconduct Appeal Process to Request a Hearing Any faculty member being disciplined by the Campus Dean for misconduct may appeal to the disciplinary measures to the Provost within seven calendar days of the notification of the disciplinary action by the Campus Dean, and may request an internal hearing be provided, with the right to present evidence during the hearing. The misconduct hearing will be performed to the best of the ability of the College administration. The hearing is an internal procedure to review the faculty member’s performance and as an “at will” employer to determine continued employment. The terms of the faculty contract shall also be considered when dismissal is warranted. The hearing is not considered a legal proceeding. The administration shall hold the faculty member harmless, and the faculty member shall hold the administration harmless in the event both parties have, to the best of their understanding and ability, followed the processes of the Faculty Handbook and contract in a fair manner, The faculty member has the right to consult with legal counsel prior to the hearing; however, as this is not considered a legal hearing, legal counsel is not a part of the hearing and is not allowed in the proceedings. The Campus Dean has the discretion to suspend the faculty member from the time of the misconduct 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 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. 2.3 Misconduct Hearing Procedures Upon receiving a written appeal within the required timeframe, the Provost will follow the below procedures: a. 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. i. The Appeal Hearing Committee is limited to administration and faculty of VCOM and will be of such number as deemed appropriate by the Provost. ii. 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. iii. 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.

VCOM Faculty Misconduct and Dismissal Policy and Procedures

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