Common use of Faculty Due Process Clause in Contracts

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 reappointment. If, after the three (3) year period, a position in the area of previous service of a dismissed faculty member is advertised, the faculty member shall, if possible, be notified and given an opportunity to apply.

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.7 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 reappointment. If, after the three (3) year period, a position in the area of previous service of a dismissed faculty member is advertised, the faculty member shall, if possible, be notified and given an opportunity to apply.

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.9 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 reappointment. If, after the three (3) year period, a position in the area of previous service of a dismissed faculty member is advertised, the faculty member shall, if possible, be notified and given an opportunity to apply.