4.10 Termination of Tenure

4.10.2B Termination Procedures for Adequate Cause for Misconduct

The following procedures shall apply to the termination of a tenured faculty appointment for misconduct under the following provisions of Adequate Cause, 4.10.1C(1), specifically ‘dishonesty in teaching or research’ and 4.10.1C(2 - 6), and gross violations of the Faculty Code of Conduct related to misconduct described in Appendix C.

Procedure Order:

1. Temporary Disciplinary Action
2. Notification by the Provost
3. Recommendation by the Department Chair
4. Recommendation by the Dean
5. Decision by the Provost

1. Temporary Disciplinary Action

After consulting with the president and the president of the Faculty Senate, the provost may suspend the faculty with pay or change his or her assignment of duties pending completion of the termination proceedings in accordance with the procedures described in Section 4.10.2C. entitled “Expedited Procedure for Termination or Suspension Without Pay in Certain Cases of Misconduct” only for the following types of alleged misconduct:

1. alleged misconduct involving:
   1. acts or credible threats of harm to a person or university property; or
   2. theft or misappropriation of university funds, property, services, or other resources,
      
      OR
      
      
2. indictment by a state or federal grand jury, or arrest and charge pursuant to state or federal criminal procedure, for:
   1. a felony; or
   2. a non-felony directly related to the fitness of a faculty member to engage in teaching, research, service, or administration.

The temporary disciplinary actions of suspension with pay or reassignment of duties are not appealable. If the university’s final determination after either aUAPAA proceeding or a tribunal proceeding is favorable to the faculty member and concludes both that the faculty member’s employment should not be terminated for Adequate Cause and/or that the faculty member should not have been suspended without pay pending completion of termination proceedings, then full restitution of salary, academic position, probationary period lost time, and tenure lost time during the suspension without pay will be made.

2. Notification by the Provost

The provost will notify the faculty member, the president, the dean, and the department chair in writing of his or her decision to begin the process to determine whether Adequate Cause exists for termination for Misconduct and any decision related to temporary disciplinary action. The provost will provide all documentation relevant to the case and a timeline for the termination proceedings to the department chair. For academic units without departments, the provost will provide all documentation to the dean.

3. Recommendation by the Department Chair

The department chair shall forward to the dean a recommendation indicating whether he or she believes the alleged misconduct does or does not constitute Adequate Cause for termination. The recommendation shall include supporting reasoning for her or his recommendation.  At the same time the department chair shall send a copy of the same documentation to the faculty member.

4. Recommendation by the Dean

The dean shall forward to the provost a recommendation indicating whether he or she believes the alleged misconduct does or does not constitute Adequate Cause for termination. The recommendation shall include supporting reasoning for her or his recommendation. At the same time the dean shall send a copy of the same documentation to the faculty member and the department chair.

5. Decision by the Provost

1. Review by the Provost:  If the provost concludes that Adequate Cause for termination may exist, he or she shall call the faculty member to a meeting to seek a mutually satisfactory resolution of the matter. If a mutually satisfactory resolution is not achieved within 30 calendar days, the provost may decide on sanctions less than termination for Adequate Cause, described in Section 4.10.2B(5)(b) or termination for Adequate Cause, described in Section 4.10.2B(5)(c). If the provost concludes that Adequate Cause does not exist, then the provost shall provide the faculty member, the dean, and department chair with written notice of the conclusion, the reasoning supporting the conclusion, and a determination on whether he or she will pursue additional actions in accordance with this handbook and/or university policy.
   
   
2. Sanctions Less than Termination for Adequate Cause: If the provost concludes Adequate Cause exists but that a sanction less than termination or suspension without pay should be imposed, then the provost may impose the lesser sanction. The faculty member may appeal the lesser sanction to the president, whose decision is not appealable. If the provost concludes Adequate Cause exists but that the sanction should be suspension without pay rather than termination, the provost shall employ the procedures set forth in Section 4.10.2B(5)(c) but tailored to reflect that the proposed sanction is suspension without pay rather than termination.
   
   
3. Termination for Adequate Cause: Before deciding that the faculty member’s appointment should be terminated for Adequate Cause, the provost shall give the faculty member written notice, including a statement of the grounds for termination, framed with reasonable specificity, and the opportunity to respond to the stated grounds and the proposed termination in a meeting with the provost. The faculty member may choose to respond in writing instead of, or in addition to, a meeting with the provost. Any written response must be submitted to the provost within 10 calendar days of delivery of the written statement of the grounds for termination.  All meetings between the faculty member and the provost must be concluded within 10 calendar days of delivery of the written statement of the grounds for termination. If, after considering any information provided by the faculty member and after consulting with the president, the provost concludes that the faculty member’s appointment should be terminated for Adequate Cause, the provost shall provide written notice of termination to the faculty member
   
   
   1.  Briefly citing the grounds for termination, as described in 4.10.1C(1), 4.10.1C(2-6) and/or Appendix C, 
      
      
   2. providing notice of the faculty member’s right to elect a pre-termination hearing before a tribunal, as described in Appendix G, or a post-termination hearing conducted under the provisions of the Uniform Administrative Procedures Act as described in Appendix H; and
      
      
   3. providing notice that the faculty member has 15 calendar days after receipt of the written notice to elect in writing the form of hearing.

Selection of one type of hearing waives the opportunity to contest the termination through the other type of hearing. If the faculty member does not make the required hearing election within 15 calendar days after receipt of the written notice described in Section 4.10.2B(5)(c), then the provost will make the election on the type of hearing.  The provost shall send a copy of the written notice to the president of the Faculty Senate at the same time it is sent to the faculty member.  Any rights described in Section 4.10.2B(5) are in lieu of any other rights of grievance or appeal in the handbook or any appeal to the president.