A. General Statement

A faculty member may be disciplined or dismissed for cause on grounds including but not limited to: (1) academic dishonesty; (2) acts of discrimination, including harassment, prohibited by law or University policy; (3) acts of moral turpitude substantially related to the fitness of faculty members to engage in teaching, research, service/outreach, and/or administration; (4) theft or misuse of University property; (5) incompetence in the performance of material assigned duties in teaching, research, and/or service; (6) refusal to perform reasonable assigned duties in teaching, research, and/or service; (7) engaging in or substantially contributing to actions materially disruptive to the effective operations of the faculty member’s academic unit, division, or University; (8) use of professional authority to exploit others; (9) violation of University policy substantially related to performance of faculty responsibilities (including University internet); and (10) violation of law(s) substantially related to the fitness of faculty members to engage in teaching, research, service/outreach, and/or administration. The procedure that will be followed when terminating the employment of a faculty member for cause is discussed below.

B. Pre-termination Resolution Process

Before a recommendation for termination or a decision to terminate for cause is made, certain interactions, at a minimum, should have already occurred.   For units that have department chairs, there should have been communication between the department chair and the faculty member who has one or more problematic issues that would suffice as grounds for termination for cause as set out above.  If that communication does not result in prompt resolution of the problem or a Performance Improvement Plan (“PIP”), then the department chair (or analogous position) shall arrange for a Pre-termination Resolution Process meeting between the faculty member, the department chair (or analogous position), and the Dean.  For units without department chairs, the initial meeting shall be between the faculty member and the Dean.  Notice of the meeting shall be in writing and shall indicate that the meeting is for a pre-termination resolution process pursuant to the Faculty Termination processes in the faculty handbook.  If there is no intent by the Dean to make a recommendation for termination or suspension at the conclusion of the meeting, regardless of the outcome, then the meeting is not considered a Pre-termination Resolution Process meeting, and this written notice is not required.  For all units, if the meeting with the Dean results in immediate resolution of the issue(s) or if a PIP is implemented, then the matter would not proceed further towards termination at that time. However, IF THE CONDUCT OF THE FACULTY MEMBER IN THE JUDGMENT OF THE PROVOST/VICE PRESIDENT OF ACADEMIC AFFAIRS (“Provost”), AFTER CONSULTING WITH THE DEAN, POSES A SUBSTANTIAL RISK TO THE SAFETY OF OTHERS, then the Pre-termination Resolution Process described in this paragraph may be disregarded and the Dean may move directly to the Formal Termination Process. 

C.  Employment status pending completion of University processes

1. The title, compensation, and benefits of the faculty member shall continue through the process until the President’s determination is issued.  The Provost, in consultation with the Dean, may re-assign the faculty member to other duties or no duties pending the resolution of University’s process as the Provost deems appropriate, however; such reassignment is not intended and shall not be used to create any undue hardship on the faculty member’s ability to fully participate in the Procedures for Termination for Cause.
2. The Provost may suspend the faculty member without pay at any time during the pendency of the University’s process if the conduct of the faculty member in the judgment of the Provost poses a substantial risk to the safety of others or if there is a substantial disruption to the operations of the academic unit, division, or University.  This decision shall be provided in writing to the faculty member.  Such suspension without pay is not intended and shall not be used to create any undue hardship on the faculty member’s ability to fully participate in the Procedures for Termination.  This action is considered an extraordinary sanction and should be used only when there is no other option available to fully protect the interests of the University.
   1. The faculty member may request, within three business days of the written notice of suspension without pay, a meeting with the Provost to review the suspension without pay.  This meeting shall occur as soon as practicable but no later than five business days from the date of the request for meeting unless agreed to by the Provost and faculty member.  If the faculty member requests a review of the suspension without pay, the faculty member shall continue to be paid until the Provost’s decision after review is issued.
   2. The faculty member may present any information to the Provost that the faculty member believes is relevant to show why the faculty member should not be suspended without pay pending resolution of the matter. 
   3. The Provost, after considering the information presented by the faculty member, shall notify the faculty member within two business days if the suspension without pay remains in place. The Provost’s decision shall be final and not subject to further review by the University. 
   4. If the faculty member is not terminated at the end of the process, then the faculty member shall receive compensation for pay lost during the period of suspension without pay.

D.   Definitions and information:

• Calculation of Time:
  • All time periods referenced in this process are stated in calendar days unless otherwise indicated.
  • “business day” shall mean any day that is not a Saturday, Sunday, or a day that the University offices are closed.
  • If the last day of a time period occurs on a Saturday, Sunday, or day that the University offices are closed, then the time period shall continue to the next business day.
  • If University offices are closed three or more consecutive weekdays, such as winter break or due to weather, then those weekdays and any intervening weekends and holidays shall not be included in the calculation of the time period. 
• The term “meeting” (other than for the hearing before the Faculty Discipline Review Committee) is intended to be a meeting between the named individuals in the same room.  Meetings are intended and preferred to be in person.  If, however, the individuals cannot meet in person, meeting by virtual platform, such as Zoom, is acceptable.  If the faculty member requests the meeting occur by virtual platform, as long as such meeting can occur with the technology available to all of the parties, the request shall be granted.
• If, at any time during the process, the Provost or the President are unable or otherwise unavailable to complete their obligations in a timely fashion, they may designate another person employed at the University to perform the duties described in this process.
• Any time period set out in this process may be extended by agreement of the parties.  This agreement shall be in writing, which can be satisfied by email communications between the parties. 
• If the faculty member is unavailable for a period of time due to Family Medical Leave Act as reviewed and approved by the Department of Human Resources, then any pending time period in this process shall be stayed until such time the faculty member becomes available to participate in the process.
• The term “termination” when terminating a tenured faculty member shall mean terminating the faculty member’s employment with the University and revoking the faculty member’s tenure.

E.  FORMAL TERMINATION PROCEDURE FOR ALL FACULTY WHO ARE NOT TENURED (See Appendix XIV for flowchart of process.) 

STEP 1: If the Pre-termination Resolution Process does not result in immediate resolution of the problem(s) and no PIP is implemented, or if the Dean determines that the Pre-termination Resolution Process should be disregarded per Section B above, the Dean, after consultation with the Provost, shall notify the faculty member that he/she is terminated from his/her faculty position effective immediately.  The notification shall be in writing and shall state the cause(s) that are the basis for the Dean’s decision. 

STEP 2:  The faculty member shall have seven (7) days to file a written request for appeal with the Provost.  The written appeal need only state the faculty member appeals the decision of the Dean and requests a meeting with the Provost.  If no appeal of the Dean’s decision is timely made, then the termination of the faculty member becomes final and not subject to further review by the University.  

STEP 3:  If the faculty member does submit a written appeal with the Provost, the Provost shall arrange to meet with the faculty member within seven (7) days from the date the written appeal is received by the Provost.  The Provost may choose to have the Dean be present during the meeting with the faculty member.  The faculty member may present any information to the Provost in advance of the meeting to assist the Provost’s preparation for the meeting.  The faculty member, however, is not required to do so, nor is the faculty member restricted from raising any other issues in opposition to the Dean’s termination during the meeting with the Provost that were not addressed in any information provided by the faculty member prior to the meeting.

STEP 4:  After the meeting, the Provost shall have seven (7) business days to issue the decision on the appeal.  The Provost may uphold the termination of the faculty member, grant the appeal, or determine an alternative resolution to the matter.  The decision of the Provost shall be final and not subject to further review by the University.

F. FORMAL TERMINATION PROCESS FOR TENURED FACULTY (See Appendix XV for flowchart of process.)

STEP 1:  If the Pre-termination Resolution Process does not result in immediate resolution of the problem(s) and no PIP is implemented, the Dean shall make a recommendation to the Provost that the faculty member be terminated from his/her faculty position effective immediately.  If the Provost previously determined that the Pre-termination Resolution Process should be disregarded per Section B above, the process moves to Step 2.

STEP 2: The Provost shall meet with the faculty member regarding the concerns(s) raised by the Dean. This meeting should occur as soon as reasonably possible after receiving the Dean’s recommendation but no later than seven (7) days after receiving the Dean’s recommendation. If the Provost and faculty member are able to agree in writing to a resolution regarding the matter, then no further action will be required. The written notice by the Provost to the faculty member regarding this meeting shall indicate the Dean is recommending termination and the meeting is Step 2 of the Formal Termination Process for Tenured Faculty. If the Pre-termination Resolution Process was not utilized per Section 3.V.B. above, the written notice shall also include the causes provided by the Dean for such termination. 

STEP 3:  If no resolution is reached after the meeting in Step 2, the Provost may, but is not required to, appoint a Faculty Advisory Council (“FAC”) within three (3) business days with whom to confer before making any further determination in the matter. The purpose of the FAC is to provide the Provost with a faculty perspective to assist the Provost in considering appropriate next steps in the process. The FAC will consist of three tenured faculty selected by the Provost, none of whom shall be in the faculty member’s department (or unit if the faculty member is not in a department and the FAC member’s duties do not involve interaction with the faculty member).  The meeting between the Provost and the FAC shall occur no later than seven (7) days after the appointment of the FAC absent compelling circumstances.  The FAC may, but is not required to, request a meeting with the faculty member within seven (7) days after the FAC meets with the Provost.  The FAC shall then meet with the Provost no later than three (3) business days after meeting with the faculty member.  Meetings of the FAC shall be confidential to the extent practicable.  The faculty member, the members of the FAC, and the Provost may not be called as witnesses at the hearing of the Faculty Discipline Review Committee (“FDRC”) (as described in Section G below) to testify about any communications between the FAC and the Provost in any meetings with or held by the FAC.  Members of the FAC may be called to testify about other matters if relevant to the proceeding.

• After meeting with the FAC, if the Provost, in his or her sole discretion, believes another meeting with the faculty member would be beneficial, then the Provost may schedule another meeting with the faculty member.  That meeting shall occur within seven (7) days of the Provost extending the invitation.
• If the Provost and faculty member are able to agree in writing to a resolution regarding the matter, then no further action will be required.

STEP 4: If after meeting with the FAC (and if no resolution is reached after an additional meeting with the faculty member) or if the FAC is not utilized (and Step 3 is skipped), the Provost shall then determine if the faculty member should be placed on a PIP, impose additional conditions on an existing PIP, or recommend to the President that the faculty member be suspended or terminated and have . The Provost shall make this decision within seven (7) days from the last meeting with the FAC or meeting with the faculty member whichever occurs later.  If the Provost decides to take action other than to proceed with suspension or termination of the faculty member, the process shall end with the Provost’s decision and it shall not be subject to further review by the University.

• The written decision of the Provost should be delivered in person to the faculty member when practicable.  The Dean (and department chair, if applicable) may be present at the discretion of the Provost. If an in-person meeting is not possible or is conducted by virtual platform, then the decision shall be delivered by mail and/or by email to the faculty member.   
• If the Provost’s decision is to recommend termination or suspension of the faculty member to the President, the written notification shall include the cause(s) set out in Section 3.V.A. above that the Provost relied upon in making the recommendation. 
• A copy of any recommendation for termination or suspension by the Provost shall be provided to the President at the time it is provided to the faculty member.

STEP 5: If the Provost’s recommendation is to suspend and/or terminate the faculty member, the faculty member shall have seven (7) days to make a written request to the Provost for review by the FDRC.  (There is no review process if the Provost recommends a PIP or some other form of resolution not including suspension or termination.)   

• If the faculty member does not make a written request for review by the FDRC of the Provost’s recommendation in a timely fashion, the President shall review the recommendation.  Unless the President determines that the Provost’s recommendation lacks a reasonable basis, the President shall follow the recommendation and suspend and/or terminate the faculty member.  There shall be no further review of the President’s decision by the University.

STEP 6: If the faculty member does make a written request for review with the FDRC, the FDRC shall be appointed as set out in Section G below.  After the FDRC is appointed, the Provost, absent compelling circumstances,  shall provide for the chair of the FDRC a description of the charges stated with reasonable particularity (hereafter “Charges”) within twenty-one (21) days after receiving the faculty member’s written request for review (but in all events as soon as practicable).  The Chair of the FDRC shall also receive information stating the cause(s) relied upon by the Provost in making the recommendation, along with a summary of the evidence upon which the Charges are based.

STEP 7:  The faculty member shall file a written response to the Charges no later than fourteen (14) days after receipt of the Charges from the Provost.

NOTE: If one of the Charges to be presented to the FDRC is for incompetence in teaching, research, or service, then two outside evaluators shall be identified, one by the faculty member and one by the Provost, to provide objective evaluations of the faculty member’s competence or lack thereof in teaching and/or research.  The evaluations shall be conducted by outside evaluators in the faculty member’s field.  The evaluators shall provide written reports within twenty-one (21) days of being appointed by the Dean and the reports shall be made available to the FDRC for their consideration.

STEP 8: The FDRC shall follow the procedures set out in Section G below and then provide its recommendation, in writing, to the President stating whether the Provost’s recommendation should be followed, rejected, or modified, including what modifications it would recommend.  The FDRC shall simultaneously provide a copy of its recommendations to the Provost and the faculty member.  

STEP 9:  The faculty member, after being advised of the FDRC’s recommendation in Step 8 above, shall have seven (7) days to notify the President in writing if the faculty member agrees or disagrees with the FDRC’s recommendation. This is an opportunity for the faculty member to make any relevant statement to the President that the faculty member wishes the President to consider relating to the FDRC’s recommendation before the President makes his/her decision.  The Provost shall also have seven (7) days to notify the President in writing if the Provost agrees or disagrees with the FDRC’s recommendation.

STEP 10:   The President shall review the Provost’s Charges (as amended if applicable), the faculty member’s response to the Provost’s Charges (as amended, if applicable), any post-hearing submissions as allowed by the FDRC, the recommendation by the FDRC, and any statement provided by the faculty member and Provost in Step 9.  Within fourteen (14) days of receipt of the FDRC’s recommendation, the President shall provide his/her written decision to the faculty member and Provost as to whether the faculty member should be dismissed, suspended, or other lesser action shall be taken, which could include taking no action at all against the faculty member.  If the President’s determination is different than the FDRC’s recommendation, the President shall address the reasons for the difference in his/her decision.  If the President’s decision is something other than termination or suspension, the President’s decision is final and no further review of the President’s decision shall occur.

STEP 11:  If the President determines that the faculty member shall be terminated, the faculty member shall have seven (7) days to make a written request for appeal to the Washburn University Board of Regents (“WUBOR”).  If the faculty member does not request an appeal to WUBOR, then the President’s decision is final and no further review of the President’s decision shall occur.  The faculty member’s written request for appeal shall be made to the Chair of the WUBOR, the President, and the Provost.  The faculty member’s written request for appeal shall include any response the faculty member wishes to make regarding the President’s written decision.  The Provost shall have seven (7) days after receipt of the faculty member’s written request for appeal to respond in writing, which response will be provided to the Chair of the WUBOR, the President, and the faculty member.

STEP 12:  If the faculty member timely makes a written request for appeal to the Chair of the WUBOR, the WUBOR shall review a) the Charges (as amended, if applicable), b) the faculty member’s response to Charges (as amended, if applicable), c) any post-hearing briefs filed by the parties as allowed by the FDRC, d) the recommendation of the FDRC, e) the faculty member’s statement of disagreement with the FDRC recommendation, f) the decision of the President, g) the written appeal of the faculty member, h) the Provost’s response to the faculty member’s appeal, and i) the transcript of the proceedings before the FDRC.  WUBOR shall not consider any information not listed above.  After reviewing the above documentation, WUBOR may accept, reject, or modify the decision of the President.  WUBOR shall issue its decision, in writing, within twenty-eight (28) days from receipt of the faculty member’s written request for appeal. The decision of the WUBOR is final and not subject to any further appeal or University process. 

G. Faculty Disciplinary Review Committee

1. When the Faculty Discipline Review Committee is utilized.  If a tenured faculty member requests review of a suspension or termination recommendation by the Provost, the review shall be conducted by the Faculty Disciplinary Review Committee (“FDRC” or “Committee”). 

2. Formation, preparation and authority of the Committee.

A. Upon request for a review, the Faculty Senate Executive Committee shall appoint five (5) faculty members to serve on the Committee, including naming one to serve as chairperson (“Chair”).  If the faculty member seeking review (“Petitioner”) is a member of the Faculty Senate Executive Committee, the Petitioner shall not participate in the selection and appointment of the Committee members.  Each member of the Committee shall meet the following requirements:

   a. The Committee member must be a tenured faculty at the time of appointment.

   b. The Committee member cannot be a member of the same academic unit as the Petitioner, unless the Petitioner's academic unit has multiple departments, in which case the Committee member cannot be from the same department as the Petitioner.

   c. If at any time after being appointed to the Committee, a member of the Committee becomes aware that he or she may have personal knowledge relating to the matter before the Committee, or any involvement with the Petitioner, that could reasonably be perceived to impact the impartiality of the Committee member (whether or not the Committee member believes that such knowledge or involvement will impact his or her impartiality), then that Committee member shall notify the Chair, the Petitioner, and the Provost regarding the issue.  Either the Petitioner or Provost (“party” or “parties” collectively) may then within three (3) business days from receiving the notice, request that the member of the Committee be removed due to a possible conflict.  If either Party requests that the member of the Committee be removed, the Chair shall notify the President of the Faculty Senate so that another faculty member may be appointed to the Committee.

B. Once the Committee is formed, the Provost shall thereafter provide the following to the Committee Chair (and to Petitioner if not previously provided) within twenty-one (21) days:

   a.  A copy of the Petitioner’s request for review by the FDRC;

   b. The allegation of charges (hereafter “Charges”) by the Provost;

   c. Any other reports prepared by the Dean and Department Chair (if applicable);

   d. The Provost’s list of witnesses whom the Provost requests to appear before the Committee with a brief statement as to the topic(s) about which each witness is expected to testify; and

   e. A copy of the pertinent University regulations that govern the faculty member's procedural and substantive rights, specifically including but not being limited to relevant (1) statutes, (2) Bylaws, (3) Faculty Handbook, (4) Washburn University Policies Regulations and Procedures Manual, (5) statements concerning the proper composition, procedures, and powers of the Committee.

The Petitioner, no later than the Pre-hearing Conference as discussed further in Section 4.B below, shall provide to the Committee Chair (and to the Provost if not previously provided) Petitioner’s list of witnesses whom the Petitioner requests to appear before the Committee with a brief statement as to the topic(s) about which each witness is expected to testify.

C. The Office of the Provost shall provide all administrative support necessary for the FDRC so that the Committee members shall be able to perform their duties both as members of the Committee and as faculty members at Washburn.

D. The Committee shall have full authority to enforce any of the time limits and responsibilities of the parties set out in Section 3.V.F. of the Faculty Handbook.  The Committee may also set any time limits and make other determinations as needed to meet the intended goals of the process which is to provide a fair system of due process for all parties in an efficient and timely manner.  Such time limits and other determinations shall be done after first allowing the parties to comment on the matter, if time and/or other circumstances allow for such input.

3. Rights and Responsibilities of all participants and observers in proceedings before the FDRC.

A. Each party shall be allowed to call witnesses and provide additional non-testimonial evidence relevant to their positions relating to the Charges and the Petitioner’s response to the Charges.

B. Each party may have up to two (2) advisors (such as legal or academic advisors) to appear with them at all proceedings before the Committee.  All such advisors are required to adhere to the confidentiality provisions set forth in Section 3.E. below.  Each party may have his or her legal counsel conduct all or part of any of the proceedings described in Sections 4 and 5 below on their behalf.  The cost of any legal counsel shall be borne by the party who retains the legal counsel. Any person that a party intends to call as a witness shall not be eligible to serve as an advisor.

C. Each party shall provide to the other party a copy of any document provided to the Chair or any other Committee member at the same time the document is provided to the Chair or any other Committee member.

D. The Petitioner may request to invite no more than two (2) appropriate professional organizations to have one (1) person from each organization to participate as an observer (“observer”) at the hearing before the FDRC.  Observers shall only observe and shall not participate in any substantive way in the proceedings before the FDRC.  Observers may be provided a copy of the Charges by the Petitioner, but they shall not be provided copies of other documents or transcripts relating to the hearing before the Committee. After a final decision is rendered either by the Washburn University Board of Regents, or by the President if no appeal is requested by the Petitioner, any observer may, but is not required to, provide a statement to both the Provost and the President of the Faculty Senate regarding any procedural or process observations that the observer believes may be addressed for future proceedings.  However, the observer shall not provide any statement regarding the merits of the Charges and shall not reveal the identity of any parties or participants in the termination process.  All observers shall be informed by the Committee Chair of their obligations to comply with all requirements relating to their participation in the proceedings before the Committee, including those referenced in this Section and in Section 3.E. below, and may be removed from further participation by the Chair of the Committee for non-compliance.  Anyone who is intended to be called as a witness by the Petitioner shall not be eligible to serve as an observer.

E. Any participant in the FDRC’s processes, including but not limited to the parties, the Committee members, observers, advisors, and witnesses, and their respective support staff, shall refrain from making any public statements regarding the Charges, the identity or testimony of any witnesses, or any proceedings before the Committee, until a final decision is rendered in the matter.  For the purposes of this section, “public statements” shall mean any communication to any person not participating in the process before the FDRC and their respective support staff.

F. All participants in the proceedings before the FDRC shall be free from retaliation for their participation in an FDRC process.  If any participant believes they are being retaliated against in their position as an employee or student at Washburn, they may bring the matter to the attention of the University’s Equal Opportunity Director to ensure that any and all remedies and protections available to them may be implemented.

4. Pre-hearing matters.

A. Accommodations.  If any member of the Committee, the Provost, the Petitioner, or the parties’ advisors, seek one or more accommodations during the processes of the Committee, such accommodation requests shall be applied for through the Washburn University Human Resources department.  Once the Human Resources department has completed its review of the request, the Assistant Vice-President Human Resources shall notify the Chair of all reasonable accommodations approved by the Human Resources department.  The approved accommodations shall be implemented by the Committee throughout their processes. 

B. Pre-hearing Conference.  The Committee shall hold a pre-hearing conference with the parties and their advisors within ten (10) days after receiving the information in Section 2.B above.  The purpose of this meeting shall be to address any pre-hearing matters, including the following:

   a. The date(s) and location(s) that the Committee will hear testimony and receive evidence;

   b. The nature of any additional documentation (such as hearing exhibits) to be provided to the Committee by either party;

   c. The identity of witnesses the parties expect to ask to appear before the Committee;

   d. Any objections by either party to the other party’s proposed witnesses or other evidence;

   e. The name and contact information of the appropriate professional organizations that the Petitioner would like to be notified of the hearing, and any objections by the Provost to any of the organizations identified by the Petitioner;

   f. The identity of witnesses, if any, the Committee expects to request to appear before the Committee that were not identified by either party and any objections to those witnesses by either party.  This may be most relevant if the Charges include incompetence in teaching or research, wherein the Committee may wish to request other members of Petitioner’s department to testify; and

   g. The date of an additional Pre-hearing Conference with the parties, if determined necessary at the conclusion of the Pre-hearing Conference. 

   h. If, for some reason, unique circumstances exist at the time of the Pre-hearing Conference that the Committee believes provide  a clearer or more expeditious way of conducting the hearing (such as varying the normal order of proceeding as set out in Section 5 below), it may recommend such variation to the parties, and if both parties agree, such variation may be used. 

   i. Any other matters in furtherance of the proceedings before the Committee.

      The Committee shall make all determinations regarding the pre-hearing matters after considering all information provided by the parties. The Committee may extend any time limits as the Committee deems reasonable and necessary after receiving input from the parties

C. The Committee does not possess the power to require witnesses to testify.  However, the University shall assist the Petitioner to the extent practicable to obtain information and to notify witnesses of any request that they appear before the Committee. 

D. The parties shall provide each other with copies of all documentary and other non-testimonial evidence prior to the hearing.  Failure to do so may result in the exclusion of the evidence at the hearing at the discretion of the Chair.

5. Hearing.

A. The hearing shall proceed in the following order:

• Opening statements, first by the Provost and then by the Petitioner;
• Presentation of witnesses and other evidence in support of the Provost’s Charges, including cross-examination of witnesses;
• Presentation of witnesses and other evidence offered by the Petitioner in response to the Charges, including cross-examination of witnesses;
• Presentation of witnesses or evidence requested by the Committee, including cross-examination of witnesses.  In this instance, the questions shall be asked by the Committee Chair and both parties may cross-examine the witnesses;
• Rebuttal evidence by the Provost, limited only to evidence that directly relates to witnesses or other evidence presented by the Petitioner and the Committee;
• Rebuttal evidence by the Petitioner, limited only to evidence that directly relates to rebuttal evidence presented by the Provost and the Committee; and
• Final statements, first by the Provost and then by the Petitioner.  The Provost may reserve some of their time for rebuttal, but not more than half of the total time allowed for final statements.
• If the Committee becomes aware of unique circumstances so that the Committee believes that a clearer or more expeditious way of conducting the hearing can be achieved by varying this normal order of proceeding, it may recommend such variation to the parties, and if both parties agree, such variation may be used.  Either party may voluntarily waive any of their rights to present statements or evidence.

B. The Committee shall not be bound by Federal or State court rules and procedures. The rules of evidence applicable in courts of law shall not be binding at the hearing but may be consulted by the Committee in its discretion.

C. An important goal of the Committee is the expeditious completion of the Committee’s proceedings without undue delay, expense, or imposition on participants in the proceedings.

D. The Provost shall carry the burden of proof and the standard of proof shall be the preponderance of the evidence.

E. Both parties may remain present in the hearing during the entire proceedings.  However, if the Chair determines that a party’s behavior is so disruptive that the hearing could not continue with the party remaining present, or if a party voluntarily waives further participation in all or part of the proceedings, the party may be excluded from all or part of the remaining proceedings.

F. Questioning of the witnesses.   All questions of witnesses shall be directly relevant to the Charges and/or the Petitioner’s written response to the Charges and shall avoid argumentative, harassing, or otherwise inappropriate matters as determined by the Chair. The Chair shall, at his or her discretion or after objection by either party, determine the appropriateness of any questions, including whether questions seek relevant information or are irrelevant to the Charges and/or the Petitioner’s written response to the Charges. The Chair may, in his or her discretion, impose reasonable time and topic restrictions on questioning of witnesses, including determining whether questions are unduly repetitive or otherwise inappropriate or unhelpful to the Committee. A question will not ordinarily be deemed inappropriate by the Chair because of the form of the question (such as leading) but the Chair retains discretion to direct questions to be rephrased. Any decision by the Chair may be made in consultation with other members of the Committee if the Chair desires their input.

G. All witnesses shall be excluded from the hearing except while testifying.

H. A verbatim record of the proceedings shall be made. The record shall be made by a certified stenographic reporter. A transcript of each day’s proceedings shall be furnished to the Committee and the parties before the next hearing date. The cost of making the record and the transcriptions shall be borne by the University.

I. The Committee, at its discretion, may adjourn the hearing from time to time in order to permit the parties to obtain additional evidence.

J. The Committee may allow, in its discretion, written briefs from the parties at the conclusion of the hearing.

6. Post-hearing.

A. The Committee shall consider only the Charges, response to the Charges, evidence and statements presented by the parties at the hearing, and briefs of the parties requested by the Committee in making recommendations to the President regarding the issue(s) presented. 

B. The Committee shall make specific findings to support its recommendations on each of the alleged grounds for dismissal.  Additionally, the Committee’s recommendation will include answers to the following questions: 

   a) Did the evidence establish by a preponderance of the evidence that the Petitioner violated any of the standards as set out in Section 3.V.A. of the Faculty Handbook and cited by the Provost in his/her recommendation to dismiss the Petitioner for cause?

   b) What sanction(s) would be appropriate to be imposed on the Petitioner?  The Committee should include a recommendation regarding sanctions even if it recommends that the President find that the Petitioner did not violate any standards set out in Section 3.V.A. of the Faculty Handbook. 

These items should be addressed separately for each allegation in the Charges, as set out in Section (currently 3.V.A.) of the Faculty Handbook.

C. The recommendations of the Committee described above shall reflect what a majority of the Committee members agreed as to each of the Charges.  Dissenting Committee members may, but are not required to, submit alternative recommendations in the form described in Section B above.

D. The Committee will provide its written recommendation to the President, the Provost, and the Petitioner, together with any dissenting recommendations, no later than 14 days after the close of the hearing.