131.5 Due Process
|Created by: Pat Teague on 2/5/1999|
|Category: 1 - Academic Affairs; 30 - Freedom|
|Originator: Academic Administration and Faculty Status Committee|
|Current File: 131.5|
|Adoption Date: 1/15/1999|
|Reviewed for Currency: 1/15/1999|
|Replaces File: 131.5|
|Date of Origin: 11/12/1975|
|In Archive? No|
131.5 Due Process
The Board of Trustees of Furman Universities has approved as a guide the "Statement on Procedural Standards in Faculty Dismissal Proceeding" adopted jointly in 1957-58 by the Association of American Colleges and the American Association of University Professors. For the full text, see Association of American Colleges Bulletin, 44 (1958), 125-30; or the American Association of University Professors Bulletin, 54 (1968) 439-441. For more recent interpretation, see the "1982 Recommended Institutional Regulations on Academic Freedom and Tenure," Academe: Bulletin of the AAUP, 69 (January-February, 1983), 15a-20a.
In compliance with the AAUP statement noted above, no faculty member who holds tenure or whose term appointment has not expired will be dismissed without adequate cause and due process. A faculty member on probationary appointment may be denied reappointment without cause being shown, but due process as separately defined below shall apply. Dismissal will not be used to restrain faculty members in their exercise of academic freedom or other rights of American citizens.
1. "Adequate cause" shall include, but not be limited to, moral turpitude, incompetence, neglect of duty, unethical conduct, breach of contract, demonstrably bona fide financial exigency of the institution as a whole, discontinuance of a program or department of instruction, or clear and convincing medical evidence that the faculty member cannot continue to fulfill the terms and conditions of the appointment.
2. "Due process" for faculty members on tenure or whose term appointment has not expired shall include (a) receiving specific written charges from the President, (b) at least a week in which to request a hearing before the Faculty Committee on Due Process, (c) a reasonable period of time (at least 20 [twenty] days) in which to prepare a defense, (d) the right of counsel, (e) the right to present and confront witnesses, and (f) the right to appeal an unfavorable decision to the Board of Trustees.
3. Prior to presenting specific written charges in compliance with guideline 2(a) above, the President shall consult with the Faculty Committee on Due Process to ensure that proper procedures are understood and will be followed. The faculty member who wishes to appeal must meet with the Faculty Committee on Due Process prior to beginning an appeal for an explanation of and guidance through the appeal procedure.
4. A full-time faculty member on probationary appointment may be denied reappoint- ment at the end of a probationary year without reason being given (See File 157.4, "Probationary Appointment"). In such an event, the faculty member who wishes to allege that the refusal to reappoint was based upon considerations that are not bona fide has the same rights of due process included in guideline 2 above except (a) receiving specific written charges from the President. The burden of proof rests upon such a faculty member to show that the refusal to reappointment was based upon considerations that are not bona fide.
5. Except as noted in guideline 4 above, the burden of proof that adequate cause exists rests with Furman University and will be satisfied only by clear and convincing evidence in the record considered as a whole.