Common use of Right of Rebuttal Clause in Contracts

Right of Rebuttal. III.8.3.4.1 Where the Chair decides to recommend against promotion, the candidate shall be informed in writing of the reasons for this negative recommendation before it is forwarded to COAP. The Chair shall make available to the candidate all material tabled in the Personnel Committee. The candidate shall then have the right to submit a written rebuttal to the ▇▇▇▇ as Chair of COAP, with a copy to the departmental/program Chair. III.8.3.4.2 In the case of a recommendation against promotion to Associate Professor, if the ▇▇▇▇, after consultation with COAP, determines that the available evidence with respect to the candidate's performance in research does not suffice to make a reasonable judgment, the ▇▇▇▇ may secure up to two (2) external assessment(s) of the candidate's performance in research. If two (2) external assessments are sought, the candidate shall have the right to name one (1) of the assessors. In the case of a single assessor the agreement of the candidate is required. III.8.3.4.3 In the case of a recommendation against promotion to Full Professor, if the ▇▇▇▇, after consultation with COAP, determines that the available evidence with respect to the candidate's performance in research does not suffice to make a reasonable judgment, the ▇▇▇▇ may secure up to two (2) additional external assessments. Where two (2) external assessors are used, the candidate shall have the right to name one (1); in the case of a single external assessor, the agreement of the candidate is required. III.8.3.4.4 A request that the ▇▇▇▇ secure external assessment(s) as allowed under III.8.3.4.2 and III.8.3.4.3 may be made by the Departmental/Program Personnel Committee, the departmental/program Chair, the candidate, or COAP. Any such additional assessments shall be made available to the Departmental/Program Personnel Committee. III.8.3.4.5 Whether acceding to such a request, or acting upon independent initiative, the ▇▇▇▇ shall prepare a statement of reasons for securing such external assessment(s). In every case, the statement of reasons shall be submitted to COAP with copies to the departmental/program Chair, Departmental/Program Personnel Committee and the candidate.