/Institutions/United-States-University/json/current/Faculty-Handbook-local.json

/Institutions/United-States-University/json/current/Faculty-Handbook.json

8-4 Faculty Discipline and Dismissal for Cause

8.4a Discipline and Dismissal for Cause
A Faculty member may be disciplined or dismissed before the expiration of his or her appointment for cause, which includes violation of the provisions and policies outlined in this Faculty Handbook or other documented University policies. Faculty may be placed on involuntary leave with full pay and benefits during the discipline for cause process.
In any case, where the Provost considers that cause exists for pursuing the charge(s) against a faculty member, the Provost will send a written notification to the faculty member informing them of the charges. The notification should specify the Faculty Handbook or University policy that the faculty member is alleged to have violated the alleged violation's specific circumstances and any evidence submitted to the Provost to support the allegation. The faculty member has the right to review and copy all evidence and documents supporting the charge(s).
The faculty member has 10 calendar days from the time the Provost issues the written notification to respond to the charge(s) in writing. During those 10 days, the Faculty member will be given an opportunity to meet with the Provost to discuss both the charge(s) and any evidence and documents submitted supporting the charge(s).
Within 10 calendar days after receipt of the faculty member's response to the charge(s), the Provost will provide a written decision detailing the proposed action and rationale for that action to the faculty member. A copy of the decision will be provided to the President, the President of the Faculty Senate, and the appropriate College Dean. The Provost's decision may not be appealed, except for the rights that may exist to file a grievance in accordance with the provisions of this Faculty Handbook.
Disciplinary action should be progressive except in cases of serious misconduct, and the faculty member should be allowed to correct offending behavior before the next step is taken. Progressive disciplinary actions include, but are not limited to:
● Letter of Warning: A letter of warning indicates that both the faculty member and the Administration are aware of the charge(s). Such a letter is to remain in the faculty member's personnel file for three years. The faculty member has the right to submit a rebuttal letter placed in the faculty member's personnel file. After three years, if no other disciplinary action is brought against the faculty member, the Letter of Warning and any associated rebuttal letter are removed from the personnel file, destroyed, and the matter is considered closed. It cannot be used in further personnel actions.
● Formal Letter of Reprimand: A formal letter of reprimand places the faculty member on notice that the incident or situation investigated is severe and requires acknowledgment and corrective actions. This letter is retained in the faculty member's personnel file indefinitely. The faculty member may file a grievance per the grievance policy outlined in this handbook.
● Leave from Duties without Pay: When the discipline for cause process results in this level of disciplinary action, the faculty member is immediately placed on leave without pay for a maximum of 30 calendar days. During this time, the faculty member retains rights to health benefits. The faculty member may file a grievance per policies outlined in this Handbook. If the grievance process results in a decision to overturn the leave without pay determination, United States University will pay the faculty member any wages and benefits withheld.
● Dismissal: When the discipline for cause process results in this level of disciplinary action, the faculty member has 15 calendar days from receipt of the notification of dismissal to file a grievance pursuant to this Faculty Handbook's policies. If the faculty member files a grievance, the faculty member's wages and benefits continue for a maximum of 60 calendar days during the grievance process. If the grievance process results in a decision to overturn the dismissal without pay determination, United States University will pay the faculty member any lost wages and benefits withheld. If the Faculty member does not file a grievance, the faculty member's employment with United States University is terminated at the end of the 15 calendar days, and all wages and benefits will cease.
8.4 b Reductions in Positions
Faculty positions may be eliminated if reductions become necessary due to eliminating a College or program, reorganization, or a condition of financial exigency. United States University will make a reasonable best effort to transfer the affected faculty member to another position within United States University in all such cases.
In cases of faculty reductions described above, the President or the Provost will meet with the Faculty Senate officers to describe the conditions that necessitate the action(s) to be taken and explain any plan to reassign the affected faculty members.