Appendix F.4 | Procedures for Hearings on Termination or Suspension without Pay for Adequate Cause for Unsatisfactory Performance
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In accordance with Section 4.10.2A(7)(a), the Faculty Appeals Committee shall use the following procedures when hearing cases involving:
- Termination or Suspension without Pay of Tenured Faculty for Adequate Cause for Unsatisfactory
Performance
- Termination or Suspension without Pay of Tenure Track Faculty for Adequate Cause for Unsatisfactory Performance Prior to the Expiration of Appointment and/or without Minimum Notice
F.4.A Hearing Schedule
The chair of Faculty Appeals Committee will contact the Faculty Senate Office to make all arrangements for the hearing. The hearing shall be scheduled no later than 30 days after receiving the request from the provost to conduct a hearing. The chair of the Faculty Appeals Committee is responsible for ensuring that both parties, the faculty member (“defendant”), a representative appointed by the provost (“plaintiff”), and the Faculty Appeals Committee fully understand that a hearing panel will be convened to make a recommendation on whether Adequate Cause exists for termination or suspension without pay.
F.4.B Hearing Panel Composition
The chair of the Faculty Appeals Committee appoints a panel of six (6) members of the committee to hear the case. Three (3) members must be selected from the president’s list, and three (3) members must be selected from the Faculty Senate’s list. The chair designates one of the six members to lead the panel hearing. The panel lead must hold the rank of full professor. It is the responsibility of the panel lead to moderate the hearing and maintain order. The panel lead has the right to stop the hearing at any time if he or she determines that order cannot be maintained. If a hearing is stopped by the panel lead, the hearing panel will proceed to deliberate in executive session and shall decide to either a) reschedule the hearing for a later date or b) vote and make a final recommendation based on the information presented up to point that the hearing was stopped.
F.4.C Discovery
Documentary evidence pertinent to the case may be submitted by the plaintiff and the defendant. Character evidence, either documentary or by witnesses, may not be presented. All submitted evidence will be available to both parties. Documentary evidence should be in hands of the panel lead at least 72 hours before the formal hearing begins. The panel lead will distribute all such materials to both parties at least 48 hours before the formal hearing begins. Submission of such materials after that deadline requires the approval of the panel lead. The panel lead may request such materials from either party. Persons knowledgeable about the case may be called by either party, or by the panel. Each party may question any person who appears before the panel. A list of witnesses should be submitted to the panel lead at least 5 days before the formal hearing begins. The panel lead may consult with appellant or the appellee on their respective witness list and may reject a witness from either list if she or he believes the witness will not provide substantial and relevant information. The panel lead will inform each party of all persons to be called and will schedule the appearance of such persons.
F.4.D Advisors
Each party may make use of one advisor at the hearing. Advisors must be a member of the faculty, non-legal staff, or administration. Advisors may not address the hearing panel or witnesses during the hearing.
F.4.E Confidentiality
The hearing is confidential. Attendance at the hearing will be limited to the hearing panel, the faculty member and an advisor, and the administration’s representative and an advisor. Each of the above persons is permitted to be present for the entire hearing. Witnesses must wait outside the hearing room until called and must leave upon completion of their testimony. The hearing is recorded. The hearing panel and both parties will have access to the recordings. After the panel makes its recommendation(s), the recordings will be destroyed.
F.4.F Hearing Order
The order of presentation in the hearing will be:
- The plaintiff will make her or his opening statement, citing how she or he intends
to prove that Adequate Cause exits. The opening statement should only be an overview
of the case and shall be limited to ten (10) minutes.
- The defendant will make an opening statement to the panel to explain how he or she
intends to prove that Adequate Cause does not exist and shall be limited to ten (10)
minutes.
- The hearing panel will call for the plaintiff as a witness and the plaintiff will
state details of her or his case that Adequate Cause exists, substantiated with proof.
The plaintiff can only present the documentary evidence submitted during discovery
as proof.
- Once the plaintiff has concluded their statement of details of his or her case, the
defendant may cross-examine the plaintiff.
- Once the defendant has concluded his or her cross-examination of the plaintiff, the
hearing panel may question the plaintiff.
- The hearing panel will call for the defendant as a witness and the defendant will
state the details of her or his case, rebutting each point made by the plaintiff.
The defendant can only present the documentary evidence submitted during discovery
to support their rebuttal.
- Once the defendant has concluded their statement of details of his or her case, the
plaintiff may cross-examine the defendant.
- Once the plaintiff has concluded his or her cross-examination of the defendant, the
hearing panel may question the defendant.
- The plaintiff calls her or his witnesses in the order he or she deems best and will
question each witness first. Each witness for the plaintiff will be informed by the
panel lead that they may respond to questions as they see fit. A witness has the right
to refuse to answer, to ask for clarification, to answer portions of compound questions
and to omit portions. Witness testimony should not be repetitive and should focus
on providing information regarding the case sought by the plaintiff.
- Once the plaintiff has concluded her or his questions for a witness, the defendant
may cross-examine the plaintiff’s witness.
- Once the defendant has concluded his or her cross-examination of the witness, the
hearing panel may question the plaintiff’s witness.
- Once all the plaintiff’s witnesses have been called and questioned by the plaintiff,
cross-examined by the defendant, and questioned by the hearing panel, the defendant
may call his or her witnesses in the order he or she deems best. Each witness for
the defendant will be informed by the panel lead that they may respond to questions
as they see fit. A witness has the right to refuse to answer, to ask for clarification,
to answer portions of compound questions and to omit portions. Witness testimony should
not be repetitive and should focus on providing information regarding the points for
rebuttal presented by the defendant.
- Once the defendant has concluded their questions for a witness, the plaintiff may
cross-examine the defendant’s witness.
- Once the plaintiff has concluded his or her cross-examination of the witness, the
hearing panel may question the defendant’s witness.
- Once all the defendant’s witnesses have been called and questioned by the defendant,
cross-examined by the plaintiff, and questioned by the hearing panel, the hearing
panel will have the final opportunity to ask questions of the plaintiff, the defendant,
and the panel may recall a witness for further questioning.
- The plaintiff will make a closing statement which shall be limited to ten (10) minutes.
- The defendant will make a closing statement which shall be limited to ten (10) minutes.
- All participants in the hearing are dismissed, and the panel will meet in executive session to reach its conclusions. The panel may move to immediate executive session or postpone to another time.
F.4.G Review and Vote of the Hearing Panel
During an executive session, the hearing panel will review the case and will take an anonymous vote on whether to recommend that (1) Adequate Cause exists for termination or suspension without pay for unsatisfactory performance or (2) Adequate Cause does not exist for termination or suspension without pay for unsatisfactory performance. If the recommendation of the hearing panel is not unanimous, each panelist may submit an individual report with the rationale for her or his dissenting opinion. Within 15 days of the end of the hearing, the panel lead will submit a written report summarizing the panel’s findings and recommendation(s) to the chair of the Faculty Appeals Committee. The summary shall anonymously include any written reports submitted by a hearing panelist which presents a dissenting opinion.
F.4.H Review by the Chair of the Faculty Appeals Committee
The chair of the Faculty Appeals Committee will review the findings and recommendation(s) of the hearing panel to ensure the language in the summary is consistent with similar reports prepared by the Faculty Appeals Committee, complies with university policy, and complies with applicable law. During his or her review, the chair may consult with the Office of Legal Counsel, Human Resources, and/or the members of the hearing panel. The chair will make every effort to resolve any concerns that he or she has regarding the written summary with hearing panel. If the chair is unable to resolve his or her concerns with the hearing panel, the chair may prepare a separate written report documenting his or her concerns.
F.4.I Dissemination
The chair of the Faculty Appeals Committee will provide the written recommendations of the hearing panel, the vote of the hearing panel, and the report of the chair, if applicable, to the faculty member and the provost.
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