Faculty Due Process Clause Samples

Faculty Due Process. A faculty member shall have the right to grieve the ▇▇▇▇▇▇▇ and Vice President for Academic Affairs' decision through the existing faculty grievance procedure. Such grievance shall be made in writing, and shall be filed within twenty (20) days of the date of notification. The appeal may be based on the grounds that: 1) dismissal was based on a statutory or constitutionally impermissible reason, 2) use of incomplete or erroneous data or information in the decision making process by the ▇▇▇▇▇▇▇ and Vice President for Academic Affairs led to dismissal (that is, that the ▇▇▇▇▇▇▇ and Vice President for Academic Affairs had insufficient basis in fact for selecting the appellant for dismissal), 3) no reasonable effort was made to place the faculty member in another suitable position in the University before the notice of intent to dismiss, or 4) the procedure surrounding the dismissal was improper.8 Improper procedure includes (but is not limited to): a. Violation of the procedures outlined in "Recommendations for Academic Program Discontinuance" for arriving at the recommendation of discontinuance of the program in question. Such appeal, however, shall not address the substance of the recommendation. b. A violation of the procedures outlined in this document for arriving at the recommendation of non-reappointment of the individual. Where the basis of the grievance is statutory or constitutional impermissibility, use of incomplete or erroneous data, or lack of effort, the burden of proof is on the faculty member. Where the basis of appeal is improper procedure, the burden of proof is on the ▇▇▇▇▇▇▇ and Vice President for Academic Affairs. The faculty member shall have access to all relevant information in the possession of the administration to aid in preparing the case based on any of the grounds listed above. If the program that has been discontinued should be reinstituted within three years from the date of declaration of discontinuance, faculty positions in that program shall not be filled unless the dismissed faculty member shall be offered reappointment at the same rank, salary increased at a Satisfactory Performance Rating based on any pay increases and adjustments made to the general faculty during the time they were dismissed, and tenure status as held previously, unless the faculty member is demonstrably unqualified for appointment in the reinstituted program. The faculty member will be given thirty (30) days to accept or decline an offer of reappointme...
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Related to Faculty Due Process

  • Due Process ‌ 3.2.1 No employee shall be disciplined (including warnings, reprimands, suspensions, reductions in rank, discharged, nonrenewed, terminated, or other actions that would adversely affect the employee) without just and sufficient cause. 3.2.2 First of all, in the event a disciplinary action is to be taken, the employee shall be advised in writing of the right to representation under this provision of the Agreement prior to the action being taken. 3.2.3 Secondly, when a request for such representation is made, no action shall be taken with respect to the employee until such representative of the Association is present, unless the employee has been given a reasonable period of time to arrange for such representation. 3.2.4 Thirdly, an employee shall be entitled to have present a representative of the Association during any disciplinary action or at any investigatory meeting that may lead to disciplinary action. 3.2.5 Further, the specific grounds forming the basis for disciplinary action will be made available to the employee and the Association in writing. 3.2.6 The District agrees to follow a policy of progressive discipline, so any disciplinary action taken against an employee shall be appropriate to the behavior which precipitates said action, which normally includes the following: 3.2.6.1 verbal warning 3.2.6.2 written reprimand 3.2.6.3 with nonrenewal or discharge as a final and last resort. This section shall not prevent an arbitrator from viewing the appropriateness of any particular disciplinary action based on all the circumstances. 3.2.7 Any complaint made against an employee will be promptly called to the attention of the employee. When charges of misconduct are made against an employee by any parent, student, or other person which results in an investigation; the principal will give written notice of the allegations to the employee within fifteen (15) working days of commencement of the investigation. Any investigation will include an opportunity for the employee to respond to all allegations lodged against the employee. When investigating such charges, the investigation materials and results will be maintained in the District files except in those instances when the employee is disciplined as a result of the investigation, then the letter of discipline will be placed in the personnel file. The employee will also be given written notice of the results of the investigation within fifteen (15) working days of completion of the investigation. 3.2.8 All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the District.

  • DUE PROCESS PROCEEDINGS CONTRACTOR shall fully participate in special education due process proceedings including mediations and hearings, as requested by ▇▇▇. Participation further includes the willingness to make CONTRACTOR’s staff available for witness preparation and testimony as is necessary to facilitate a due process hearing. CONTRACTOR shall also fully participate in the investigation and provision of documentation related to any complaint filed with the State of California, the Office of Civil Rights, or any other state and/or federal governmental body or agency. Full participation shall include, but in no way be limited to, cooperating with LEA representatives to provide complete answers raised by any investigator and/or the immediate provision of any and all documentation that pertains to the operation of CONTRACTOR’s program and/or the implementation of a particular student’s IEP/Individual and Family Service Plan (“IFSP”).

  • Complaints Process The School shall establish and adhere to a process for resolving public complaints which shall include an opportunity for complainants to be heard. The final administrative appeal shall be heard by the School's Governing Board, except where the complaint pertains to a possible violation of any law or term under this Contract. The complaints process shall be readily accessible from the School’s website, as described in Section 11.4.1.

  • Grievance Process (a) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after the Employer’s decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitrator. (b) Grievance Mediation shall be scheduled within twenty (20) working days of the grievance being submitted to mediation, or longer period as agreed by the parties. (c) No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. (d) The parties shall agree on a mediator. (e) Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party, unless otherwise mutually agreed. (f) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. (g) The Mediator will have the authority to meet separately with either party. (h) If no settlement is reached within five (5) working days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator, unless otherwise mutually agreed. Nothing said or done by the mediator may be referred to Arbitration. (i) The Union and Employer will share the cost of the Mediator, if any.

  • Selection Process The Mortgage Loans were selected from among the outstanding one- to four-family mortgage loans in the Seller's portfolio at the related Closing Date as to which the representations and warranties set forth in Subsection 9.02 could be made and such selection was not made in a manner so as to affect adversely the interests of the Purchaser;