Section 4: Tenure-Track & Tenured Faculty Policies

4.11 Disciplinary Sanctions Other than Termination for Adequate Cause

Disciplinary sanctions other than termination may be imposed against a faculty member for the violations described in Section 4.10.2C and in the Faculty Code of Conduct, which is described in Appendix C. If the proposed sanction is suspension without pay for a definite term (no more than one year), the procedures applicable to termination shall be offered prior to suspension without pay including the option to invoke the expedited procedures described in Section 4.10.2C.

Minor disciplinary sanctions less than termination for adequate cause or suspension without pay may include but are not limited to:  a warning not to repeat the offending conduct, written reprimand, mandatory training, denial of annual salary increase, restitution, monitoring of behavior and performance, reassignment of duties and/or suspension with pay. The following procedures shall be followed for all alleged violations of the Faculty Code of Conduct except in instances where university policy prescribes a specific procedure for adjudication, such as Research Misconduct.

Procedures for Disciplinary Sanctions other than Termination for Adequate Cause or Suspension without Pay

1. Notification by the Administrator:

An administrator in the faculty member’s direct line of supervision may initiate a disciplinary sanction. Before disciplinary action may be taken, the administrator must notify the faculty member of his or her intent to take disciplinary action. This written notice shall include a detailed specification of the alleged misconduct and the nature of the proposed discipline. Copies should be provided to all administrators in the faculty member’s direct line of supervision up to the level of the provost. The administrator shall offer a meeting with the faculty member to discuss the administrator’s concern and the potential for discipline. The faculty member may choose to respond in writing instead of, or in addition to, a meeting with the administrator. The administrator will notify the faculty member during that meeting and in writing of the right and opportunity to request a consultation with the faculty ombudsperson, as described in Appendix D, before the administrator proceeds with a disciplinary sanction. The purpose of such informal consultation is to reconcile disputes early and informally, when that is appropriate, by clarifying the issues involved, resolving misunderstandings, considering alternatives, and noting applicable guidelines.

2. Consultation with the Faculty Ombudsperson:

The administrator and faculty member, if requested by the faculty member, will consult with the faculty ombudsperson in a prompt fashion to discuss the administrator’s concern and the potential for discipline.

3. Consultation:

After consultation with the faculty ombudsperson, the administrator may consult with the other administrators in the faculty member’s direct line of supervision up to the level of the provost. Should the administrator still wish to proceed with disciplinary sanction after consultation, the administrator must notify the other administrators in the faculty member’s direct line of supervision in writing of the proposed disciplinary action up to the level of the provost.

4. Decision of the Administrator:

The administrator shall provide the faculty member with written notice of the cause for the disciplinary sanction in sufficient detail for the faculty member to address the specifics of the charges, and an opportunity to respond in writing prior to the imposition of any disciplinary action, within seven (7) days of receipt of the administrator’s written notice. The written response, if any, will be provided to the other administrators in the faculty member’s direct line of supervision up to the level of the provost. The administrator, in consideration of the written response, if any, shall make a decision regarding the disciplinary action and notify the faculty member in writing. The written decision will be provided the other administrators in the faculty member’s direct line of supervision up to the level of the provost and Human Resources. The administrator’s written decision shall also inform the faculty member of his or her right to a general appeal of the disciplinary sanction. Within 14 days of receipt of the administrator’s written decision, the faculty member may appeal a disciplinary sanction under the general appeals procedures described in Appendix B.1.