Common use of Cause for Remediation and Due Process Clause in Contracts

Cause for Remediation and Due Process. When a supervising administrator believes that cause for remediation may exist, the administrator will exercise due diligence in investigating, collecting information, and comparing behavior among faculty to ensure fairness. Academic employees have the right to due process before remediation, which includes at a minimum the right to be informed of the issues related to the unsatisfactory performance, the information and/or evidence collected, and the right to respond verbally and/or in writing. Academic employees have the right to utilize the grievance process to settle issues related to whether or not remediation is appropriate. Causes leading to the remediation process may include, but are not limited to: 1. Issues identified as a result of evaluation activities occurring in Articles 800 and 900 that indicate a pattern of unsatisfactory performance; 2. A pattern of student complaints; 3. A pattern of complaints regarding clinical site work; 4. Recurring program accreditation evaluation complaints that are within the academic employee’s control; 5. A pattern of excessive student withdrawals when compared to comparable sections; 6. A pattern of under-enrolled sections when comparable sections taught by other faculty are adequately enrolled; 7. A pattern of excessive absenteeism or reoccurring failure to meet classes or attend committee assignments regularly; 8. A failure to fulfill professional responsibilities, per Articles 600 and 903.