Volume 7 Faculty Affairs
Chapter 25 Policy for Removal of Faculty Members
Responsible Office: Faculty Affairs
Originally issued: unknown
Revised: (by BOR): 1951-52; 1966-67; 1969-70; 1974-75; 1982-83, 1986-87, 1989-90
According to Board of Regents policy, the President of an institution may at any time remove any faculty member or other employee of an institution for cause. Cause shall include willful or intentional violation of the policies of the Board of Regents or the approved statutes of the institution. This policy describes the grounds for removal of a faculty member and the procedures to be followed, as set forth by the Policy Manual of the Board of Regents, Section 803.11.
Reason For Policy
A tenured or non-tenured faculty member at Georgia Health Sciences University may be dismissed under certain circumstances as described within this policy, provided that due process has been followed. This policy is intended to protect the legal rights of the faculty member under the circumstances described and to maintain a fair and respectful environment in the institution.
Entities Affected By This Policy
All full-time tenured and non-tenured faculty of Georgia Health Sciences University are covered by this policy.
Who Should Read This Policy
All full-time tenured and non-tenured faculty of Georgia Health Sciences University should be aware of this policy. The President of Georgia Health Sciences University must know and understand this policy.
|Faculty Affairs Coordinator||706-721-1072||mailto:FacultyAffairs@georgiahealth.edu
|Vice Chair, University Faculty Senate||706-721-2334||http://www.georgiahealth.edu/faculty/senate/|
|Vice President for Legal Affairs||706-721-4018||mailto:firstname.lastname@example.org
Board of Regents Policy Section 803.11
Board of Regents Minutes, 1951-52, pp. 315-319, 159-160
Board of Regents Minutes, 1966-67, p. 206
Board of Regents Minutes, 1969-70, pp. 21-22
Board of Regents Minutes, 1974-75, pp.304-313
Board of Regents Minutes, 1982-83, p. 254
Board of Regents Minutes, 1986-87, p. 103
Board of Regents Minutes, 1989-90, pp. 384-385
These definitions apply to these terms as they are used in this policy:
|Cause||Conditions for dismissal as set forth by the Policy Manual of the Board of Regents and in approved statues or bylaws of Georgia Health Sciences University|
|President or Administration||Designated representative of the President of Georgia Health Sciences University|
|Hearing Committee||Consists of not less than three or more than five impartial faculty members appointed by the Executive Committee of the highest legislative body of the faculty, from among the members of the entire faculty of Georgia Health Sciences University|
A tenured or non-tenured faculty member at Georgia Health Sciences University may be dismissed under certain circumstances as described within this policy, provided that due process has been followed. Preliminary procedures, as outlined in this policy, must be followed, per Board of Regents Policy Manual, Section 803.11. These include discussion between faculty member and appropriate administrative officers, informal inquiry, written forewarning notification, and statement of charges. The faculty member has the right to be heard by a faculty Hearing Committee. Structure of the Hearing Committee is described as well as procedures for the hearing. The Hearing Committee will submit its decision and recommendation in writing to the President of Georgia Health Sciences University. The President will make his/her decision based on the Hearing Committee report, but is not required to follow the recommendation of the Hearing Committee. The President will send an official letter to the faculty member notifying him/her of the decision to retain or remove for cause. If dismissed, the faculty member will be suspended from employment without pay from the date of the final decision of the President. The faculty member may appeal the decision in writing to the Chancellor of the University System of Georgia. The Board of Regents or a committee of the Board of Regents will investigate the matter and make a further decision. If a faculty member is reinstated from the appeal, he/she will be compensated from the start date of suspension.
Section 1. Grounds for Removal
A tenured faculty member, or a non-tenured faculty member before the end of his/her contract term, may be dismissed for any of the following reasons provided that the institution (Medical College of Georgia) has complied with procedural due process requirements:
- Conviction or admission of guilt of a felony or of a crime involving moral turpitude during the period of employment, or prior thereto if the conviction or admission of guilt was willfully concealed;
- Professional incompetency, neglect of duty, or default of academic integrity in teaching, in research, or in scholarship;
- Unlawful manufacture, distribution, sale, use, or possession of marijuana, a controlled substance, or other illegal or dangerous drugs as defined by Georgia laws; teaching or working under the influence of alcohol, which interferes with the faculty member’s performance of duty or his/her responsibilities to the institution or to his/her profession (Board of Regents Minutes, 1989-90, pp. 384-385);
- Conviction or admission of guilt in a court proceeding of any criminal drug offense (Board of Regents Minutes, 1989-90, pp. 384-385);
- Physical or mental incompetency as determined by law or by a medical board of three or more licensed physicians and reviewed by a committee of the faculty;
- False swearing with respect to official documents filed with the institution;
- Disruption of any teaching, research, administrative, disciplinary, public service or other authorized activity;
- Such other grounds for dismissal as may be specified in the Statutes of Georgia Health Sciences University.
Georgia Health Sciences University may supplement the Board of Regents’ policies governing causes for dismissal and procedures for dismissal. Georgia Health Sciences University provides for standards governing faculty conduct, including sanctions short of dismissal, and procedures for the implementation of such sanctions. In the imposition of sanctions, the burden of proof lies with Georgia Health Sciences University (Board of Regents Minutes, 1951-52, pp. 315-19, pp. 159-60; 1966-67 p. 206; 1969-70, pp.21-22; 1974-75, pp. 304-13; 1982-83, p. 254).
Section 2. Procedures for Dismissal
These procedures shall apply only to the dismissal of a faculty member with tenure, or a non-tenured faculty member before the end of the term specified in his/her contract.
It is intended that the procedures set forth below shall be considered as minimum standards of due process and shall not be construed as a limitation upon individual standards or procedures, consistent with the Policy Manual and Bylaws of the Board of Regents, which an institution of the System may elect to adopt for its own improvement or to make adjustment to its own particular circumstances. Such additional standards or procedures shall be incorporated into the statutes of the institution.
The President may at any time remove any faculty member for cause. Cause or grounds for dismissal are set forth in the Board of Regents Policy Manual and in the approved statutes or bylaws of Georgia Health Sciences University. Whenever the words “President” or “administration” are used in these procedures, they shall be construed to include the designated representative of the President.
B. Preliminary Procedures
The dismissal of a tenured faculty member, or a non-tenured faculty member during his/her contract term, should be preceded by:
- Discussion between the faculty member and appropriate administrative officers looking toward a mutual settlement.
- Informal inquiry by an appropriate faculty committee that may, upon failing to effect an adjustment, advise the President whether dismissal proceedings should be undertaken; its advisory opinion shall not be binding upon the President.
- A letter to the faculty member forewarning that he/she is about to be terminated for cause and informing him/her that a statement of charges will be forwarded to him/her upon request. The faculty member may also request a formal hearing on the charges before a faculty committee. Failure to request charges or a hearing within a reasonable period of time shall constitute a waiver of the right to a hearing.
- A statement of charges, if requested by the faculty member, framed with reasonable particularity by the President or his or her designated representative. Along with the charges, the faculty member shall be advised of the names of the witnesses to be used against him/her together with the nature of their expected testimony.
- The Hearing Committee shall consist of not less than three or more than five impartial faculty members appointed by the Executive Committee (or its equivalent) of Georgia Health Sciences University University Faculty Senate, from among the members of the entire faculty (as defined by the Policy Manual of the Board of Regents) of Georgia Health Sciences University.
- Members of the Hearing Committee may serve concurrently on other committees of the faculty. The Hearing Committee will meet as a body when called into session by the chair of the body that selected the committee either at his discretion or upon the request of the President or the faculty member who is subject to dismissal.
- When the Hearing Committee is called into session, it shall elect a Chair from among its membership. A member should remove himself/herself from the case, either at the request of a party or on his/her own initiative if he/she deems himself/herself disqualified for bias or interest. Each party shall have a maximum of two challenges without stated cause, provided, however, that all challenges whether with or without cause shall be made in writing and filed with the Chair of the Hearing Committee at least five days in advance of the date set for the hearing. The Chair shall have the authority to decide whether a member of the committee is disqualified for cause. If the Chair determines that a member is so disqualified or if a committee member removes himself/herself from a case, the replacement shall be made in the same manner as the original committee was selected. If the Chair is thus removed, the committee shall elect a new Chair after committee replacements have been appointed. A minimum of three members is required for any action to be taken.
- Service of notice of the hearing with specific reasons or charges against the faculty member together with the names of the members of the Hearing Committee shall be made in writing at least 20 days prior to the hearing. The faculty member may waive a hearing or he/she may respond to the charges in writing at least 5 days in advance of the date set for the hearing. If a faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of adequate cause, the Hearing Committee shall evaluate all available evidence and rest its recommendation upon the evidence in the record.
- The Hearing Committee, in consultation with the President and the faculty member, may exercise its judgment as to whether the hearing should be public or private.
- During the proceedings the faculty member and the administration shall be permitted to have an academic advisor and/or counsel of his/her choice. The Hearing Committee will be permitted to have advisory counsel.
- At the request of either party or the Chair of the Hearing Committee, a representative of a responsible education association shall be permitted to attend as an observer.
- A tape recording or transcript of the proceedings shall be kept and made available to the faculty member and the administration in the event an appeal is filed.
- An oath or affirmation shall be administered to all witnesses by any person authorized by law to administer oaths in the State of Georgia.
- The Hearing Committee may grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
- The faculty member and the administration shall be afforded a reasonable opportunity to obtain necessary witnesses and documentary or other evidence.
- The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witness cannot or will not appear but the Committee determines that the interests of justice require the admission of his/her statement, the Committee will identify the witness, disclose his/her statement, and if possible provide for interrogatories.
- The Hearing Committee will not be bound by strict rules of legal evidence and may admit any evidence that is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available. All questions relating to admissibility of evidence or other legal matters shall be decided by the Chair or presiding officer.
- The findings of fact and the decision of the Hearing Committee will be based solely on the hearing record.
- Except for such simple announcements as may be required covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers should be avoided until the proceedings have been completed, including consideration by the Board of Regents in the event an appeal is filed. The President and the faculty member will be notified in writing of the decision and recommendation, if any, of the Hearing Committee.
- If the Committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it will so report to the President. If the President does not approve the report, he should state his reasons in writing to the Committee for response before rendering his final decision. If the Committee concludes that an academic penalty less than dismissal would be more appropriate than dismissal, it may so recommend with supporting reasons. The President may or may not follow the recommendations of the Committee.
- After complying with the foregoing procedures, the President shall send an official letter to the faculty member notifying him/her of his/her retention or removal for cause. Such letter shall be delivered to the addressee only, with receipt to show to whom and when delivered and address where delivered. The letter shall clearly state any charges that the President has found sustained and shall notify such person that he/she may appeal to the Board of Regents for review. The appeal shall be submitted in writing to the Chancellor within 20 days following the decision of the President. It shall state the decision complained of and the redress desired. The Board or a committee of the Board shall investigate the matter thoroughly and render its decision thereon within 60 days from the date of the receipt of the appeal or from the date of any hearing that may be held thereon.
- Upon dismissal by the President, the faculty member shall be suspended from employment without pay from the date of the final decision of the President. Should the faculty member be reinstated by action of the Board of Regents, he/she shall be compensated from the date of the suspension.
C. Provision for Hearing Committee
A dismissal as defined above shall be preceded by a statement of charges or causes (grounds for dismissal) if so requested, including a statement that the faculty member concerned shall have the right to be heard by a faculty hearing committee.
D. Dismissal Procedures
In all instances where a hearing is requested, the following hearing procedures shall apply:
E. Dismissal of Temporary or Part-time Instructional Personnel
Temporary or part-time personnel serving without a written contract hold their employment at the pleasure of the President, chief academic officer, or their immediate supervisor, any of whom may discontinue the employment of such employees without cause or advance notice (Board of Regents Minutes, 1986-87, p. 103).
The responsibilities each party has in connection with Academic, Research, and Student Affairs Policy 7.25, Policy for Removal of Faculty Members, are:
|President||May remove faculty member for cause following the procedures outlined in Section 2 of this policy.Takes into account the recommendation of the Hearing Committee but is not required to follow the recommendation of the Hearing Committee. Sends an official letter to the faculty member notifying him/her of the decision to be dismissed or retained.|
|Hearing Committee||Conduct a hearing when requested by the faculty member who is being dismissed, following the procedures outlined in Section 2 of this policy. Advise the President of the results of the hearing, recommending that there is or is not adequate cause for dismissal.|