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COMMITTEE
ON FACULTY STATUS
Updated 07/01
- I.
Purpose:
The purpose of the Faculty Status Committee shall be to act as a liaison and
hearing committee between faculty members or between the faculty and
administration, at the request of either, in matters affecting faculty
status. The Faculty Status Committee shall report on the number of cases it
has heard to the Senate and to a meeting of the General Faculty at least
once a year. This Committee shall conform to procedures as approved by the
Senate and published in the Faculty Policies and Procedures Manual.
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- II.
Membership:
The Committee consists of five (5) members and four (4) alternates.
III.
Ex-officio Members:
- None.
IV.
Tenure Restrictions:
All
members must be tenured
- V.
Departmental Restrictions:
Only one
person from a department may serve at a time.
VI.
School Restrictions:
- None.
-
VII. Other Restrictions:
Any faculty member with tenure may be elected to membership on the Committee
with the exception, made to avoid conflicts of interest, of the following
persons:
- A.
Department Chairs or any faculty member who also holds an administrative
position; and/or
- B.
Members of
the Faculty Senate Executive Committee.
- VIII.
Term of Office:
The term of office for committee members shall be two (2) calendar years
beginning at the first Senate meeting of the academic year following the
election. An alternate shall serve for one calendar year. Members may not
succeed themselves but may thereafter be elected to the committee. An
alternate may be reelected as an alternate or elected as a member.
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- IX.
Method of Selection:
- A.
Elections shall be held annually.
- B.
Those members listed in the official faculty roster shall be eligible to
vote.
C. Election of
members:
- (1)
During the month of February, the Committee on Faculty Status shall
provide each member of the faculty with a nominating ballot for
selecting new members and alternates of the committee and at the same
time shall inform the faculty as to the number of vacancies to be
filled.
- (2)
Each faculty member shall check the number of names equal to twice the
number of vacancies to be filled (new members plus four alternates) and the
checked list shall be returned to the Faculty Status Chair who, with the
assistance of the committee members, shall tabulate the results and prepare
a list of nominees.
- (3)
There shall be twice the number of nominees as there are vacancies to be
filled; the twelve or fourteen names receiving the highest number of checks
shall be declared nominees. There may be no more than one nominee from a
single department. The nominees will be contacted to confirm their
willingness to serve.
- (4)
The election ballots shall be distributed by the Committee on
Faculty Status to the members of the faculty and shall be returned to
the Faculty Status Chair within five class days. Members of the
committee will assist the chair in counting the ballots. The individuals
receiving the highest number of votes will become regular members (two
or three) except that no department may have more than one member
serving as a regular member. Those departments which do have a regular
member may have another member of that department serve as an alternate,
as long as both individuals do not serve at the same time. The
alternate members will be selected in the order to be called by the
number of votes they receive after regular members have been
selected. Alternate members shall serve for only one year but may
be reelected. The results of the election will be announced at the next
Senate meeting.
- X.
Chair and Notification Requirements:
-
- A.
The
continuing and new members of the Committee on Faculty Status shall meet to
elect a chair for the following year before the final Senate meeting.
- B.
The new
members, the alternates, and the new chair shall be announced by the current
chair at the final meeting. This information shall be recorded in the Senate
minutes.
- XI.
Filling Un-expired Terms:
-
- A
If it is necessary for the committee to function, and if for any reason, any
member is unable to serve, his place shall be filled by alternates in order
of precedence.
- B.
If at any
time the committee determines that it will not be able to function because
of a lack of alternates, the Committee will notify the faculty of the nature
of this situation and will submit for faculty confirmation the name of an
individual selected by the committee to serve the un-expired term.
- XII.
Duties of the Committee:
A.
The committee
shall act in matters of:
(1)
A faculty
member's grievance against the administration (See XIV: Procedures for
Appeals and Hearings);
(2) A
faculty member's grievance against another faculty member(s). (See XIV:
Procedures for Appeals and Hearings.)
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- B.
The
administration may at its discretion refer matters of faculty status to the
Committee for recommended action. These referrals must be made in
writing to the Committee.
- C.
The
Committee shall act upon a written statement signed by the complainant with
a request for a hearing; a preliminary hearing shall be held as soon as
possible after receipt of the request.
- D.
Committee members will disqualify themselves if the appeal involves a
faculty member from their departments, or if it is felt that there is a
conflict of interest.
- E.
The committee shall keep confidential records of its proceedings for three
(3) years.
- F.
When the
committee feels that such action is warranted, it shall hold a full hearing
within approximately two (2) weeks of the preliminary hearing, at which time
all concerned parties shall be invited to be present and the Academic Vice
President's office shall be notified of the nature of the appeal. The
Academic Vice President shall be requested to attend a full hearing of the
Committee on Faculty Status under the following conditions:
- (1)
When the
Academic Vice President has information pertinent to the case that, in the
opinion of the Committee, is not available elsewhere.
(2) The Academic Vice President will be present only for the portion
of the hearing when the Academic Vice President is asked questions.
- G.
The
President, or other individuals with pertinent information, may be requested
to attend a hearing.
- H.
The
recommendations of the committee shall be determined by majority vote.
- I.
In cases between the faculty and administration, the recommendations of the
Committee will be furnished to the parties concerned, the President and the
Academic Vice President. If the committee determines that the grievance was
caused primarily by inadequate procedure, it should recommend specific
procedural improvements to the Academic Vice President. These procedural
recommendations shall be in a separate letter from the recommendations
concerning the appeal. If an appeal is made to the Board of Visitors,
transcripts of the hearing will be available to the Board of Visitors and
the parties involved.
- J.
In the event that the committee, in its opinion, determines that there is a
conflict of authority involved in a case, then it is the responsibility of
the committee to seek an interpretation as to which authority takes
precedence. This may be done with the Academic Vice President, the
President, or through the President, with the Board of Visitors.
- K.
If the committee's recommendations are in favor of the complainant, and if,
in the opinion of the committee, suitable action has not been taken within a
reasonable time at the appropriate or highest University administrative
level, the committee shall send a copy of the proceedings together with its
recommendations to the Rector of the Board of Visitors.
- L.
In
grievances between faculty members, if the services of the Committee lead to
a resolution that is mutually satisfactory to everyone concerned, no further
action will be taken and no report made.
- (1)
Intradepartmental complaints:
- (a)
If
recommendations are made by the committee, copies will be furnished to the
parties involved, to the Department Chair, and to all others to whom prior
appeal had been made.
- (b)
If, in
the opinion of the committee, suitable action has not been taken within a
reasonable time, the committee, at the request of either party, shall send
its recommendations through as many levels of appeal as necessary.
- (2)
Interdepartmental complaints:
- (a)
If
recommendations are made by the committee, copies will be furnished to the
parties involved and to all others to whom prior appeal had been made.
- (b)
If, in the
opinion of the committee, suitable action has not been taken within a
reasonable time, the committee, at the request of either party may send its
recommendations to either or both Department Chairs, Deans, or the Academic
Vice President, and through as many more levels of appeal as necessary.
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- XIII.
Authority of the Committee:
The Committee on Faculty Status has the authority to determine whether or
not the complainant has a legitimate grievance and, if legitimate, to
recommend an appropriate remedy to the appropriate administrative
level. A grievance is determined legitimate if:
- A.
The established policies of the University as adopted by the Board have been
violated.
- B.
The established procedures of the University have been violated.
- C.
Established
procedure is not adequate or fair (in which case a recommendation for change
should be suggested).
- D.
It appears that judgments concerning an individual's status have been made
without properly considering all the evidence pertinent to the case, or
- E.
The
grievance involves any issue affecting faculty status including (but not
limited to the following):
- (1)
Tenure
- (2)
Contract renewal
- (3)
Promotion
- (4)
Salary (limited to due process)
- (5)
Merit increases (limited to due process)
- (6)
Academic freedom
- (7)
Unethical conduct
- (8)
Other general
areas
- XIV.
Procedures for Appeals and Hearings:
-
- A.
Faculty-Administrative Grievance Avenues of Appeals:
- (1)
Before the
Committee on Faculty Status can hear a grievance the aggrieved faculty
member must have appealed the decision through all administrative channels
short of the President. The appeal must start at the level at which the
party was aggrieved or denied. The order of appeals is:
- (a)
Departmental
committee (if applicable)
- (b)
Department
Chair (if applicable)
- (c)
Dean of
School (if applicable)
- (d)
Vice
President for Academic Affairs
- (e)
Committee
on Faculty Status
- If
any of these refuse to hear the appeal, the required effort to appeal at
that level has been met.
- (2)
All requests
for appeal and replies should be in writing, if possible, so that copies can
be furnished to members of the Committee on Faculty Status.
B.
Faculty-Faculty Grievance Avenues of Appeal
- (1)
Intradepartmental complaints:
- (a)
Other party
(through an intermediary if necessary)
- (b)
Department
Chair
- (c)
Dean of
School
- (d)
Vice
President for Academic Affairs
- (e)
Committee
on Faculty Status
- (f)
President
- (2)
Interdepartmental
complaints:
- (a)
Other party
(through an intermediary if necessary)
- (b)
One or both
Department Chairs
- (c)
One or both
School Deans
- (d)
Vice-President for Academic Affairs
- (e)
Committee
on Faculty Status President
- C.
Request to Committee on Faculty Status for Hearing.
- (1)
A request
for a hearing to the Faculty Status Committee must be in writing. It must
contain enough information on the nature of the request for the committee to
determine whether it falls within the authority of the committee.
- (2)
The
inclusion of supporting data and documents is an aid to the committee in
setting up the preliminary hearing.
- (3)
It is
helpful if six copies of the material are submitted to the committee.
- D.
Disqualifications of Committee Members
- (1)
Any Faculty
Status Committee member from the same department as the complainant will be
disqualified from sitting at the hearing. In the event of a faculty-faculty
grievance any committee member from the same department as the second
faculty member will likewise be disqualified from serving.
- (2)
Committee members may and should disqualify themselves if they feel there is
a conflict of interest.
- (3)
In the event that any member of the committee does not serve, an alternate,
selected by order of precedence, will serve.
- XV.
Procedures for a Preliminary Hearing
-
- A.
All committee members shall be present at all hearings and deliberations of
the committee.
- B.
The preliminary hearing is held to determine whether there are sufficient
grounds for the complaint to warrant a full hearing.
- C.
The Committee will invite to the hearing the complainant and all others
involved in the grievance.
- D.
The Committee will hear each individual separately, the complainant first.
In trying to arrive at the pertinent facts the Committee may deem it
necessary to recall a witness after others have been heard. The Committee
may ask questions of those appearing to clarify the evidence before it.
- E.
The evidence at this preliminary hearing will be tape recorded.
- F.
If any documents are presented, the Committee will need six (6) copies.
- G.
The
decision of the Committee will be reached by a majority vote.
- XVI.
Procedures for a Full Hearing
-
- A.
The full hearing shall be held within two weeks of the conclusion of the
preliminary hearing at a time and place set by the Committee, as convenient
as possible for all concerned.
- B.
The claimant may, if he or she wishes, have another faculty member present
as a silent witness to the proceedings.
- C.
If the claimant wishes others to present evidence on his or her behalf, the
Committee must be consulted ahead of time about the witnesses involved and
the nature of the evidence. The Committee will decide which witnesses, if
any, are pertinent to the appeal.
- D.
All parties involved in the appeal will be invited to be present and to give
their evidence.
- E.
All involved parties will be present during the presentation of evidence. If
the Committee deems that an outside person has pertinent evidence not
otherwise obtainable, it may request that evidence and then excuse that
individual.
- F.
The claimant will be given the first opportunity to present the case
followed by the other parties involved.
- G.
The Committee
members may ask questions of any party present to clarify the evidence.
- H.
All evidence
given at the hearing will be tape recorded.
- I.
The deliberations
of the Committee after the evidence is submitted will be private,
confidential, and not recorded.
- J.
If it is not possible for the Committee to gather some evidence that is
essential in deciding the appeal, the Committee may postpone or suspend the
hearing and complete it as soon as the evidence is obtained. This provision
does not apply in a case such as tenure where the Committee's decision must
meet a deadline.
- K.
If any documents are presented, the Committee will need six (6) copies.
- XVII.
Outcome of the Appeal
-
- A.
The Faculty Status Committee will notify the claimant, the other parties
involved, the Vice President for Academic Affairs, and the President of its
decision and the reasons for it in writing as soon as possible after the
full hearing. (This is usually about two (2) days).
- B.
If the claimant appeals to the Board of Visitors, transcripts of the hearing
will be made available to the Board of Visitors and the parties involved.
- C.
If a decision in favor of the claimant is denied by the President, a copy of
the proceedings will be sent to the Rector of the Board by the Committee. In
its cover letter the Committee should remind the Rector that the Chair of
the Committee or one of its members can be available to answer questions.
- References:
Minutes of the
Longwood Faculty, March 2, 1976; February 4, 1977; December 3, 1979; Minutes
of the Organization of Teaching Faculty, April 13, 1981; April 4, 1985; May
1, 1986; Minutes of the Board of Visitors, May 7, 1976; May 16, 1986.
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