The document which follows is a code of responsibility adopted by the faculty of the
University of Utah.
For the purposes of this document, the expression "the university" refers to the University
of Utah, an institution of higher learning and research, chartered by the State of
Utah and governed under the authority of a Board of Trustees and the State Board of
Regents. It is a corporate entity, consisting essentially of a faculty, a student
body, and an administration. Thus, when reference is made to the university, it should
be understood that, as the context indicates, either the corporate entity itself or
a designated element of it is intended
The university is not just a corporate body created by operation of law. It is also
a community of people associated in activities related to thought, truth, and understanding.
It must therefore be a place where the broadest possible latitude is accorded to innovative
ideas and experiments, where independence of thought and expression are not merely
tolerated but actively encouraged. Because thought and understanding flourish in a
climate of intellectual freedom; because the pursuit of truth is primarily a personal
enterprise, a code of faculty responsibility must be strongly anchored to principles
of intellectual freedom and personal autonomy. This code should be interpreted and
applied with these principles firmly in mind.
The standards of conduct set forth in this code are stated in terms of ethical canons
and rules. The ethical canons state precepts of aspiration; breaches of their provisions
are not a basis for disciplinary sanctions. Violations of the rules are sanctionable.
Conduct which is not in violation of a rule of this code is not subject to disciplinary
sanction under this code.
As used in this code, the term "faculty member" includes a person employed by the
university as the president, vice president, director of libraries, dean, professor,
associate professor, assistant professor, instructor, librarian, associate librarian,
and assistant librarian, including a person holding a career-line (research, clinical,
lecturer), adjunct, or visiting appointment, whether or not that person is employed
by the university in a full-time capacity. All provisions of this code apply to faculty
members.
Except as otherwise expressly provided in this Code, suspension or dismissal from
the university may be imposed on a faculty member as a sanction only for violation
of one or more rules of this code and only in accordance with the procedures laid
down in Policy 6-011, Consolidated Hearing Committee. Termination for medical reasons, financial exigency,
or program discontinuation are not considered sanctions under this code, and are governed
by procedures explained in other parts of the University Regulations Library [see
Policy 6-313].
The university endorses the American Association of University Professors statement
on recruitment and resignations (1961), Statement of Principles on Academic Freedom
and Tenure (1940), and Statement of the Academic Freedom of Students (1965). See University
Regulations, Section 1.
Section 2. Academic Rights of Faculty Members
Faculty members have the legal rights and privileges of citizens. They may not be
subject to punishment or reprisal for the exercise of such rights and privileges.
Faculty members have the right to academic freedom and the right to examine and communicate
ideas by any lawful means even should such activities generate hostility or pressures
against the faculty member or the university. Their constitutionally protected exercise
of freedom of association, assembly, and expression, including participation in political
activities, does not constitute a violation of duties to the university, to their
profession, or to students.
Where their rank and status are appropriate, faculty members have the right to vote
on faculty appointments, promotions, and tenure, and to vote for representatives to
college and university legislative bodies .
Faculty members have a right to due process and peer judgment in any disciplinary
matter involving the possibility of substantial sanctions. This includes a right to
be heard, a right to decision and review by impartial persons or bodies, and a right
to adequate notice. The Consolidated Hearing Committee is the appropriate body to
hear charges of a violation of this Code of Faculty Responsibility, unless some other
hearing body is specified in this Code.
Faculty members have a right to support and assistance from the university in maintaining
a climate suitable for scholarship, research, and effective teaching and learning.
Faculty members are entitled to an academic environment free from violence or systematic
disruption, and to a teaching environment adequately equipped for meeting the teaching
mission of the university.
Consistent with state law, faculty members have a right to university support in professional
activities inside and outside the classroom, both on and off campus, both in defense
of academic freedom, and in defense of any resulting litigation, including funds for
legal assistance. Professional activities are those described or required by each
Department's RPT and/or financial compensation criteria.
Faculty members have a right to assistance from the university in improving their
skills and developing their talents as teachers and scholars.
Faculty members have a right to fair and equitable financial remuneration commensurate
with their rank, duties, performance, and professional stature.
The above list of rights is not exhaustive. Other rights, such as the faculty's right
to a meaningful role in the governance of the university, including primary responsibility
for course content and materials, degree requirements, and curriculum, are found in
the Policies and Procedures Manual.
Section 3. Ethical Canons
The Basic Aspiration A faculty member is primarily a teacher and a scholar. Above
all the single overriding canon is: to strive for excellence and to inspire excellence
in others.
Duties to Students University teaching should reflect consideration for the dignity
of students and their rights as persons. Students as well as faculty are entitled
to academic freedom and autonomy in their intellectual pursuits and development. Teachers
must therefore treat students with courtesy and respect. They must not require students
to accept their personal beliefs or opinions and must strive in the classroom to maintain
a climate conducive to thinking and learning. They must not misuse their position,
authority, or relationship with students.
Professional Obligations Faculty members should seek knowledge and value the pursuit
of truth. They should strive to contribute to their discipline, and should support
and encourage the efforts of others. Faculty members should maintain and improve their
effectiveness as teachers and scholars.
Obligations to the University A faculty member's position is one of trust and responsibility
to the university and the students, faculty, and staff who constitute the university
community. Faculty members should merit such trust and responsibility by devoted service.
They should strive to maintain and improve the academic quality of their department,
college, and the university. When called upon to serve in administrative posts or
on committees, faculty members should strive to achieve the legitimate purposes of
the university with due consideration for the interests of other persons involved.
Section 4. Rules
General Duties
Faculty members must conduct themselves, in their interactions with other faculty
members, administrators, staff members, students, and participants in accordance with
reasonable standards of professionalism. Examples of inappropriate behavior include
but are not limited to requiring the performance of inappropriate personal services;
assigning tasks for punishment rather than for educational or job-related reasons;
intentional disruption of teaching, research or administrative activities; and intentional
neglect of necessary communications.
Faculty members must not discriminate against, harass, or impose prejudicial treatment
upon other faculty members, staff members, students, or participants because of race,
color, religion, national origin, gender, sexual orientation, gender identity/expression,
country of citizenship, age, political beliefs, or status as a person with a disability,
protected veteran, or because of any other criterion or characteristic that is an impermissible basis,
under applicable constitutional or statutory provisions. This injunction includes
decisions or recommendations concerning admissions, employment, promotion, retention,
tenure, grading, and other professional matters. [For policies on discrimination and
sexual harassment, see Policy 1-012, Rule 1-012, and Policy 5-106.]
Faculty members must not intentionally violate current university rules and regulations
including but not limited to regulations addressing abusive conduct, research misconduct,
and academic freedom.
Faculty members must comply with reasonable and appropriate instructions of their
chair, dean, cognizant vice president, president or other authorized university officer
respecting the timely performance of their essential duties.
Faculty members must competently perform their responsibilities as teachers and members
of the faculty. Decisions related to a faculty member's competence in the areas of
teaching, scholarship, responsibility, and service will be based on regulations and
guidelines outlined in Policies 6-303, 6-310, and 6-321 and consistent with relevant college or departmental criteria. Competence issues
related to a faculty member's medical condition will be handled under Policy 6-313.
Duties to Students
Faculty members are expected to meet their regularly scheduled classes. Failure to
meet scheduled classes without prior notice to students is excusable only for reasons
beyond the control of faculty members. Alteration of schedules, cancellation or rescheduling
of classes may be done only for valid reasons and after adequate notice to students.
Faculty members shall engage in reasonable and substantial preparation for the teaching
of courses assigned to them, consistent with their scope and nature and appropriate
to the educational objectives sought to be achieved.
Faculty members must maintain regular office hours during which they are available
for consultation with students or otherwise assure their accessibility to students.
Faculty members must, at the beginning of a course, give reasonable notice to students
of the general content of the course, what will be required of the students, and the
criteria upon which their performance will be evaluated. Evaluations must be performed
promptly, conscientiously, without prejudice or favoritism, and consistently with
the criteria stated at the beginning of the course. The criteria for evaluating student
performance must relate to the legitimate academic purposes of the course. Grade appeals
submitted by students are not considered charges of misconduct under this code. [For
the appeals procedure, see Policy 6-100 Section III.J.]
Faculty members must not misuse the classroom by preempting substantial portions of
class time for the presentation of their own views on topics unrelated to the subject
matter of the course. Where faculty members find it pedagogically useful to advocate
a position on controversial matters, they must exercise care to assure that opportunities
exist for students to consider other views. Faculty members must not reward agreement
or penalize disagreement with their views on controversial topics.
Faculty members must not use their position, authority, or relationship with students
to obtain uncompensated labor for their own personal or pecuniary gain. They may not
ask students to perform services unrelated to legitimate academic requirements of
a course unless the student is adequately compensated for such services. Faculty members
must not solicit gifts or favors from students. They must not accept gifts or favors
where they have reason to believe that such gift or favor is motivated by a desire
to secure some academic advantage.
Faculty members must not plagiarize the work of a student. Where a faculty member
and a student work together, appropriate credit must be given to the student. Faculty
members may not limit or curtail the right of a student to publish or otherwise communicate
the result of the student's own scholarly activities.
Faculty members shall not reveal matters related in explicit confidence by a student
to any person, except as required by law or permitted according to this policy. Faculty
members may, report their assessment of a student's academic performance and ability
to persons making legitimate inquiry provided such disclosure is in accordance with
the Family Educational Rights and Privacy Act ("FERPA"). Faculty members should report
to the Dean of Students Office any information regarding the behavior of a student
that raises concerns regarding the student's health or safety or the health or safety
of others. Faculty members must report to the Department of Public Safety (585-COPS)
the behavior of any student or other individual that poses an imminent risk to the
health or safety of the student or other individuals.
Faculty members have the same duties to students in clinical and research settings,
in distance learning, and in other non-traditional settings as they do in the traditional
classroom.
Any faculty member or employee of the University of Utah with authority to assign
or recommend course materials for any course offered by the university shall do so
based on sound academic values, without any prospect of personal financial gain.
Self-authored course materials are encouraged and may be assigned; but, except for
reimbursement of out-of-pocket costs, faculty may not accept or retain royalties or
any other personal compensation or material benefit from the sale or furnishing of
self-authored course materials to students in their own classes, or in any classes
in their department or single-department college for which they have authority to
assign or recommend course materials.
Prior to completion of any course or teaching unit for which a faculty member has
assigned or recommended self-authored materials that may generate any royalty or other
author's compensation, the faculty member shall request, from all students subject
to that assignment or recommendation, an anonymous statement of the number of new
copies of such materials purchased by each student. This requirement can be satisfied
by a form used for student course evaluations that includes the above inquiry, or
by a separate survey submitted for anonymous student response before the end of the
course or teaching unit. Upon completion of the survey, the faculty member shall file
with their department chair or dean a brief statement of the number of new materials
purchased as reported in the above survey and the rate of royalty or compensation
last paid or contracted by the publisher to be paid. The obligation to avoid prospect
of personal financial gain shall be satisfied by including with the above report a
written commitment to contribute a sum, equal to the number of new books purchased
by students multiplied by the reported royalty or compensation rate, to a tax exempt
organization (which may include the University of Utah) not later than six months
following completion of the course. Alternatively, the requirement can be satisfied
by reporting an arrangement under which the author professor's royalty is deducted
as a discount from the price of the new book.
For purposes of this policy, the term “course materials” shall be interpreted to include
not only books or similar traditional format of bound printed pages typically used
in university courses at the time of adoption of this policy, but also materials,
information, teaching instruments or data collections distributed in any media form,
including but not limited to audio and videotapes, digital storage media such as optical
or magnetic disks, and internet or similar transmittal for which fees are typically
charged and author compensation provided.
Faculty compliance with the above procedures shall constitute complete and satisfactory
demonstration that any self-authored course materials were not recommended or assigned
for purposes of personal financial gain.
Professional Obligations
Faculty members are responsible for insuring that approval has been obtained from
the appropriate review committees prior to initiating or becoming involved in research
that involves human subjects, vertebrate animals, radiation or radioactive compounds,
biohazards, toxic substances, or any other material or activity covered by university,
state or federal regulation. Faculty members are also responsible for monitoring ongoing
research and teaching activities under their supervision to ensure that they continue
to be conducted in accord with approved protocols. In addition, faculty must ensure
that all personnel involved in such activities under their supervision are fully trained
in accordance with relevant regulations.
Faculty members must avoid any form of misconduct in sponsored research, non-sponsored
research, and in other forms of professional activity. When reporting the results
of their research or professional activities, faculty members must be honest in the
presentation of the data and in the description of the work. Misconduct is defined
as fabrication or falsification of data and/or results, plagiarism, or other practices
that seriously deviate from those practices that are commonly accepted within the
research community for proposing, conducting, or reporting research. It does not include
honest error or honest differences in interpretations of judgments of data and/or
results. Misconduct also includes but is not limited to illegal misconduct that is
substantially related to the performance of duties, as well as the conviction of a
crime affecting the fitness of the faculty member to engage in teaching, research,
service, outreach, administration, or other assigned duties. [For policy on research
misconduct, see Policy 7-001.]
Faculty members must not plagiarize or permit the appearance that they are the author
of work done by others.
When faculty members are engaged in joint research or other professional efforts with
colleagues, they must exercise reasonable care to discharge their agreed obligations.
Faculty members whose commitments to the university include research, publication,
or other professional endeavors must exercise reasonable care to discharge their agreed
commitments.
When faculty members serve as supervisors of the professional work of other persons,
they must not exploit their position for personal or pecuniary gain.
Obligations to the University
Faculty members must not purposely mislead the university by misrepresenting their
qualifications as a faculty member or eligibility for university benefits.
Faculty members must not utilize their relationships with students or other university
professional relationships, their status as a faculty member, or their access to university
facilities and services, in a manner which involves or is part of a course of conduct
constituting knowing participation in a criminally punishable violation of law and
which is likely to interfere substantially with effective fulfillment of university
functions or obligations, including the obligations and duties imposed by this Code
of Faculty Responsibility. No sanctions, however, may be imposed under this provision
in a manner that will deprive any faculty member of the rights of free expression
and association, as guaranteed by the constitutions of the United States, and the
State of Utah.
Faculty members must avoid exploiting the university's name or their own relation
with the university for personal reasons unrelated to their legitimate academic or
professional activities. They must not intentionally create the impression, in public
appearances or statements, that they are representing the university, unless in fact,
they are.
Faculty members must not misappropriate university property. They must not knowingly
use university property in violation of state or federal law. They must not use university
property or facilities for pecuniary gain, or for personal advantage, if the use of
such property or facilities has no legitimate relationship to the faculty member's
academic service. For purposes of this section, professional activities which serve
to maintain or improve a faculty member's academic skills and which do not violate
university restrictions on outside activities have a legitimate relationship to a
faculty member's academic service.
Faculty members must not maliciously destroy university property, purposely disrupt
university programs, purposely inflict physical injury on other persons on campus,
or purposely interfere with the legitimate activities of other persons on the university
campus. Faculty members must not purposely and unlawfully incite others to engage
in such destruction, disruption, injury, or interference. However, mere advocacy or
expression shall not be considered incitement unless the advocacy or expression poses
a clear and present danger of the imminent occurrence of such destruction, disruption,
injury, or interference.
Faculty members must comply with current university regulations restricting the amount
of time they may spend on nonuniversity commitments, outside consulting or other nonuniversity
employment. [For policy on consulting, see Policy 5-204.] They must also comply with state law and university regulations relating to conflicts
of interest. [For policies on conflicts of interests, see Policy 1-006.]
Faculty members must not intentionally make false assertions in initiating or in the
course of any university disciplinary proceedings.
Faculty members may also be subject to discipline for violation of the Drug-Free Workplace
Policy (Policy 5-113) and the Field Trip Policy (Policy 10-003) in accordance with the procedures described in those policies.
Section 5. Sanctions
The remedies and sanctions that may be imposed for violations of this code are set
forth in Policy 6-011.
Notwithstanding any contrary provisions of this code, violations of this code involving
misconduct in research shall be governed by and handled in accordance with the provisions
of Policy 7-001, and violations involving discrimination or sexual harassment shall be governed by
and handled in accordance with the provisions of Policy 1-012 consistent with Policy 6-011.
Sanctions or remedies may be imposed for a violation of this code following a decision
of the President in accord with the Consolidated Hearing Committee (CHC) procedures
in Policy 6-011.
A written reprimand may be imposed by an appropriate administrator for a violation
of this code without the invocation of those procedures. In such a case, the procedures
in "Administrative Reprimand", shall be followed.
Suspension means the barring of a faculty member from the exercise of their duties
for a definite period of time.
The President of the University may impose an interim suspension with full pay on
a faculty member if the President, in their discretion, reasonably believes that such
action is necessary to prevent substantial harm to the university or to some member
of the university community. The President of the University may impose an interim
suspension without pay if the President determines that the faculty member intentionally
and clearly refuses to perform essential duties of a faculty member. The President
shall immediately give the faculty member written notice of the interim suspension,
specifying the rule or rules violated and setting forth briefly the relevant facts
and supporting evidence. If the interim suspension is without pay the President shall
provide the faculty member with an opportunity to meet with the President to present
the faculty member's views and the reasons the faculty member objects to the suspension
prior to its imposition. The faculty member's insurance benefits shall continue during
the interim suspension without pay. An interim suspension is not to be considered
a sanction but rather a temporary device for protecting the university's interests.
It should be used with utmost caution.
When a faculty member has been subjected to an interim suspension, a complaint shall
immediately be filed in accordance with Policy 6-011. An interim suspension may last until charges have been brought before the Consolidated
Hearing Committee and it has concluded its deliberations. The CHC may recommend to
the President that a suspension without pay be revoked and/or pay be reinstated if
it finds that the faculty member is not then refusing to perform essential duties
and that allowing the faculty member to perform those duties is in the best interests
of the university. When the CHC has concluded its deliberations and the President
has made a final decision, the interim suspension should cease, to be replaced with
one of the sanctions listed in Policy 6-011 or with no sanction, in accord with the President's decision. If an interim suspension
was imposed without pay, a faculty member shall be entitled to reimbursement of lost
salary and retirement benefits unless the faculty member is suspended or terminated
as a result of CHC proceedings.
Dismissal means the termination of employment of a tenured faculty member at any time,
or of a tenure-track faculty member other than by non-retention, or of a career-line,
adjunct, or visiting faculty member other than by non-renewal of their contract. Dismissal
may be imposed only if the faculty member's violation of this code demonstrates that
the faculty member is incompetent in the performance of their duties as a teacher
and faculty member or lacks the ability or willingness to meet their responsibilities
to the university.
Termination from employment may also occur as a result of financial exigency, medical
disability, or program substantial modification, reduction, or discontinuation. See
"Termination for Other Reasons" and Policy 6-313. These are not to be considered dismissal as a sanction under this code.
Combinations of sanctions may be imposed where appropriate.
Sanctions may be imposed on a faculty member when it has been determined by proceedings
pursuant to Policy 6-011 that the faculty member violated a rule of this code, if the imposition of sanctions
will serve one or more of the following purposes:
To induce self-improvement and reform by a faculty member.
To indicate to the faculty member the seriousness of the violation and thereby deter
the faculty member from future violations.
To reassure the university community that violations of the rule which the faculty
member has broken will not be tolerated, thereby serving to maintain respect for and
commitment to the rules by other members of the university community.
To dismiss from university employment a faculty member who has demonstrated by their
conduct an inability or an unwillingness to meet the faculty member's responsibilities
to the university including but not limited to the failure to address deficiencies
outlined in a remediation plan following a tenured faculty review.
Sanctions are at best a painful necessity. In deciding on sanctions, the following
factors should be considered:
Whether the purposes set forth in Paragraph 7above can be adequately served by less
severe measures;
Whether the sanction is disproportionately severe in relationship to the rule violation
for which it is imposed;
Whether the imposition of the sanction is fair and just to the faculty member involved,
giving due consideration to their situation, to the faculty member's prior service
to the university, and to any relevant matters tending to mitigate the seriousness
of the violation; and
Whether the imposition of the sanction is necessary to protect the integrity and effective
operation of the University or any of its colleges, departments, faculty, staff, or
students.
When non-punitive measures such as guidance, counseling, therapy, leave of absence,
voluntary resignation, or early retirement are available and will provide reasonable
assurance that the faculty member will not repeat the violation of the rule, and if
the faculty member consents thereto, such measures should be taken in lieu of disciplinary
sanctions under this code unless substantial university interests would thereby be
undermined.
No faculty member shall be twice subject to proceedings under this code for the same
act.
Section 6. Procedures
Concerns
As a public institution, the university, including its faculty, is open to comments
and criticisms from students, faculty, staff, administrators, and other interested
citizens. Such comments and criticisms should be directed to appropriate university
officials. The official will respond to such comments in a timely and appropriate
fashion.
The University encourages informal resolution of problems and affected persons are
urged to discuss their concerns with the involved faculty member, with the relevant
department chair and dean (unless either is the complainant or respondent). Informal
resolution of concerns by mutual consent of all parties is highly desired and is appropriate
at any time. Use of a qualified mediator should also be considered.
Complaints
If informal resolution is inappropriate or not achieved within 30 days, any person
directly aggrieved by the allegation or any faculty member, student or staff member
may file a complaint alleging a violation of the rules of this code by a faculty member.
Complaints alleging illegal discrimination, including sexual harassment, will be handled
in accordance with Policy 1-012. Complaints alleging charges of misconduct in research will be handled in accordance
with Policy 7-001. Other complaints of violations of this code may be filed in the office of the Senior
Vice President for Academic Affairs or the Senior Vice President for Health Sciences
depending on the department of the responding faculty member. If either vice president
is the complainant or the respondent, the other vice president shall act under these
rules. The complaint shall be in writing and signed, shall set forth briefly the relevant
facts, shall specify the rule or rules violated, and shall describe any previous effort
to resolve the complaint. Instructions and forms for filing complaints, shall be
available from the vice presidents' offices and the Academic Senate office and published
electronically in an Appendix to the Policy and Procedures Manual. All parties shall comply with such instructions
and use the proper forms. The cognizant Vice President shall provide the responding
faculty member with a copy of the complaint.
In consultation with the appropriate dean(s) and chair/director (unless either is
the complainant or respondent), the cognizant vice president shall determine whether
efforts at informal resolution are appropriate and, if so, shall take whatever steps
are useful to that end. These steps may include delegation of the informal resolution
process to another person, meetings with the complainant and respondent, or any other
processes that the vice president believes will assist in reaching an informal resolution.
If informal resolution is inappropriate, or if additional efforts at informal resolution
are not successful within 30 days of the filing of the complaint, the vice president
shall forward the complaint, with a description of efforts at informal resolution,
to the Consolidated Hearing Committee (hereafter "CHC") and notify the respondent and the complainant, and the cognizant
department chair/director and dean of the same. From this point forward the office
of the vice president shall be a party to the proceedings.
From the outset, the university, the Committee, and all participants shall take reasonable
steps to protect the rights and, to the extent appropriate, the confidentiality of
all parties involved, including individuals who in good faith report perceived misconduct.
Administrative Reprimand
At any time, the President, Senior Vice President for Academic Affairs, the Senior
Vice President for Health Sciences, deans and department chairs may impose written
reprimands on faculty members who report to them.
Prior to imposing a reprimand, the administrator shall provide the faculty member
with a copy of the proposed reprimand, the reasons for it, and provide the faculty
member with an opportunity to respond, including a written response to be placed in
the faculty member's file. The response shall be received within 15 calendar days
of the letter of intent to impose the reprimand and shall be considered by the administrator
prior to the imposition of the reprimand.
A faculty member may ask the CHC to review an imposed reprimand. In that event the
reprimand shall be withdrawn and the administrator may make a complaint under (B)
(1) above which shall thereafter be handled in the same way as any other formal complaint.
If at the conclusion of such proceedings the reprimand is judged to be unwarranted,
all references to the reprimand, including the faculty member's response, shall be
removed from the faculty member's file at the request of the faculty member.
Section 7. Termination for Other Reasons
A faculty member may be terminated or may receive a contract with substantially reduced
status for reasons other than violation of this code in the following situations:
Medical reasons which result in the faculty member s inability to perform, even with
reasonable accommodations, the essential functions of the faculty member's duties
and responsibilities as a faculty member. [See Policy 6-313]
Financial exigency or bona fide substantial modification or discontinuance of a program.
[See Policy 6-313]
Proceedings to terminate or to award a contract with substantially reduced status
to a faculty member for medical reasons as per 1.
(a) above shall be preceded by discussions with the faculty member s department chairperson,
dean, and/or cognizant vice president looking to a mutually acceptable resolution
of the problem. The university shall offer to extend a leave to the faculty member
consistent with its current leave policies before termination proceedings are initiated.
In the course of the discussions the vice president or the vice president's delegate
shall notify the faculty member of the right to be examined, at university expense,
by a health care practitioner chosen by the faculty member. The university also has
the right to request the faculty member to submit to another examination by a health
care practitioner chosen and paid for by the university.
In the event of failure to reach a mutually acceptable resolution, proceedings to
terminate or to award a contract with substantially reduced status to a faculty member
for medical reasons shall be initiated by a written statement alleging with reasonable
particularity the faculty member s inability to perform the essential functions of
the job, made by the president or the president s delegate. The issue shall proceed
to a hearing before the Consolidated Hearing Committee ("CHC"). In addition to the
procedures specified in 8-7 (4), if the CHC believes that the medical evidence from
the two prior health examinations is inconclusive, the CHC may order a third examination
at the university s expense, to be conducted by a health care practitioner selected
jointly by the faculty member and the university or, if they fail to agree, by the
CHC.
For proceedings pursuant to 1.(b) above, the administration shall consult with and
give consideration to advice offered by the Executive Committee of the Academic Senate
and other appropriate bodies of the faculty prior to terminating or awarding a contract
with substantially reduced status to a faculty member for financial exigency or bona
fide discontinuance of a program or department of instruction.
Section 8. Applicability
This code does not preclude nor does it apply to proceedings to terminate the employment
of a nontenured faculty member at the end of their contract period by nonrenewal of
the contract.
Conduct which would breach a rule of this code committed prior to the final adoption
of the code shall not be a basis for proceedings under this code. Where such conduct
would constitute a basis for dismissal for cause under a previously applicable regulation
proceedings may be brought in accordance with such regulation.
[Note: The Contact and History section of this Regulation (and all other University
Regulations) are Regulations Resource Information – the contents of which are not
approved by the Academic Senate or Board of Trustees, and are to be updated from time
to time as determined appropriate by the cognizant Policy Officer and the Institutional
Policy Committee, as per Policy 1-001 and Rule 1-001.]
Contacts:
The designated contact officials for this Policy are:
Policy Owners (primary contact person for questions and advice): Associate Vice President for Faculty
and the Associate Vice President for Health Sciences.
Policy Officers: Sr. Vice President for Academic Affairs and the Sr. Vice President for Health Sciences.
See University Rule 1-001 for information about the roles and authority of policy owners and policy officers.
History:
Renumbering: Renumbered as Policy 6-316 effective 9/15/2008, formerly known as PPM
8-12.4, and formerly as University Regulations Chapter XII Part IV.
Revision History:
Current version: Revision 13
Approved on July 5, 2024, with the effective date of July 5, 2024
