Common use of Dismissal Procedures Clause in Contracts

Dismissal Procedures. 1. Preliminary proceedings concerning the ability of a faculty member When reason arises to question the ability of a faculty member to perform his/her assigned duties, the appropriate supervisor should discuss the matter with him/her in a personal conference. The matter may be terminated by mutual consent at this point. If an adjustment is required but does not happen, a standing or ad hoc committee elected by the faculty shall give confidential advice and shall determine whether or not formal proceedings should be instituted. The College President can review the committee finding. The faculty committee or the College President can recommend that formal proceedings begin. Except where there is disagreement, a joint statement from the faculty committee and the College President will give the specifics of the proposed grounds for dismissal. If there is disagreement, the College President or his/her representative should formulate the statement. 2. Commencement of formal proceedings Formal proceedings begin with a written communication by the College President addressed to the faculty member giving the specifics of the proposed grounds for dismissal, and informing the faculty member that he/she may request a hearing within ten (10) faculty working days of notification. The hearing will be conducted by a faculty committee at a specified time and place. The hearing will be to determine whether the faculty member should be removed from his/her faculty position based on the stated grounds. Failure to request a hearing will result in the College President making a decision based on existing evidence. Sufficient time should be allowed the faculty member to prepare his/her response. The faculty member will be informed in detail or by reference to published regulations of the procedural rights that will be accorded to him/her. The faculty member should respond in writing to the specifics of the proposed grounds for dismissal as stated in the letter from the College President. The response should be received no less than one (1) week before the hearing date. 3. Suspension of the faculty member The faculty member will be suspended during the proceedings only if there is a threat of harm to self or others. Suspension should be with pay unless legal considerations forbid this. 4. Judicial committee formation The faculty judicial committee who will conduct the hearing should be either an elected standing committee not previously involved with the case or a committee established as soon as possible after the President sends the letter to the faculty member. Faculty members should be selected based on their objectivity, competence, and the regard in which they are held in the academic community. The judicial committee should elect its own chairperson. 5. Committee proceedings Before the hearing, the judicial committee will consider the written statement of proposed grounds for dismissal sent by the College President to the faculty member and the response submitted by the faculty member. The judicial committee in consultation with the College President and the faculty member will decide whether the hearing will be public or private. Testimony of witnesses and other evidence concerning the proposed grounds for dismissal will be received regarding any facts that are in dispute. The College President has the option of attending the hearing. He/She may designate an appropriate representative to assist in developing the case; but the judicial committee determines the order of proof, conducts questioning of witnesses, and, if necessary, secures the presentation of evidence important to the case. The faculty member has the option of counsel, whose functions are similar to those of the representative chosen by the College President, and has the aid of the committee in securing the attendance of witnesses. The faculty member or his/her counsel and the representative designated by the College President has the right, within reasonable limits, to question all witnesses who present oral testimony. The faculty member will have the opportunity to be confronted by all adverse witnesses. When unusual and urgent reasons require the committee to withhold this right or when the witness cannot appear, the identity of the witness as well as his/her statement will be disclosed to the faculty member. Subject to these safeguards, sworn statements may be taken outside the hearing and reported to the committee. All of the evidence should be duly recorded. Unless special circumstances warrant, formal rules of court procedure will not be followed. 6. Consideration by judicial committee The judicial committee will reach a decision based on the information given in the hearing. Oral arguments can be made by the faculty member or his/her counsel and the representative designated by the College President. The committee may request written briefs. The committee may make a decision without having a transcript made of the hearing if the committee believes a just decision can be reached. A transcript will be ordered if it is needed by the committee in order to make a just decision. The committee will give specific findings with respect to each of the proposed grounds for removal. A reasoned opinion may be given. Publicity concerning the committee's decision will be withheld until the Board reviews the decision. Statements to the public should be made through the Office of the College President.

Dismissal Procedures. 1. Preliminary proceedings concerning the ability of a faculty member When reason arises to question the ability of a faculty member to perform his/her assigned duties, the appropriate supervisor should discuss the matter with him/her in a personal conference. The matter may be terminated by mutual consent at this point. If an adjustment is required but does not happen, a standing or ad hoc committee elected by the faculty shall give confidential advice and shall determine whether or not formal proceedings should be instituted. The College President can review the committee finding. The faculty committee or the College President can recommend that formal proceedings begin. Except where there is disagreement, a joint statement from the faculty committee and the College President will give the specifics of the proposed grounds for dismissal. If there is disagreement, the College President or his/her representative should formulate the statement. 2. Commencement of formal proceedings Formal proceedings begin with a written communication by the College President addressed to the faculty member giving the specifics of the proposed grounds for dismissal, and informing the faculty member that he/she may request a hearing within ten (10) faculty working days of notification. The hearing will be conducted by a faculty committee at a specified time and place. The hearing will be to determine whether the faculty member should be removed from his/her faculty position based on the stated grounds. Failure to request a hearing will result in the College President making a decision based on existing evidence. Sufficient time should be allowed the faculty member to prepare his/her response. The faculty member will be informed in detail or by reference to published regulations of the procedural rights that will be accorded to him/her. The faculty member should respond in writing to the specifics of the proposed grounds for dismissal as stated in the letter from the College President. The response should be received no less than one (1) week before the hearing date. 3. Suspension of the faculty member The faculty member will be suspended during the proceedings only if there is a threat of harm to self or others. Suspension should be with pay unless legal considerations forbid this. 4. Judicial committee formation The faculty judicial committee who will conduct the hearing should be either an elected standing committee not previously involved with the case or a committee established as soon as possible after the President sends the letter to the faculty member. Faculty members should be selected based on their objectivity, competence, and the regard in which they are held in the academic community. The judicial committee should elect its own chairperson. 5. Committee proceedings Before the hearing, the judicial committee will consider the written statement of proposed grounds for dismissal sent by the College President to the faculty member and the response submitted by the faculty member. The judicial committee in consultation with the College President and the faculty member will decide whether the hearing will be public or private. Testimony of witnesses and other evidence concerning the proposed grounds for dismissal will be received regarding any facts that are in dispute. The College President has the option of attending the hearing. He/She may designate an appropriate representative to assist in developing the case; but the judicial committee determines the order of proof, conducts questioning of witnesses, and, if necessary, secures the presentation of evidence important to the case. The faculty member has the option of counsel, whose functions are similar to those of the representative chosen by the College President, and has the aid of the committee in securing the attendance of witnesses. The faculty member or his/her counsel and the representative designated by the College President has the right, within reasonable limits, to question all witnesses who present oral testimony. The faculty member will have the opportunity to be confronted by all adverse witnesses. When unusual and urgent reasons require the committee to withhold this right or when the witness cannot appear, the identity of the witness as well as his/her statement will be disclosed to the faculty member. Subject to these safeguards, sworn statements may be taken outside the hearing and reported to the committee. All of the evidence should be duly recorded. Unless special circumstances warrant, formal rules of court procedure will not be followed. 6. Consideration by judicial committee The judicial committee will reach a decision based on the information given in the hearing. Oral arguments can be made by the faculty member or his/her counsel and the representative designated by the College President. The committee may request written briefs. The committee may make a decision without having a transcript made of the hearing if the committee believes a just decision can be reached. A transcript will be ordered if it is needed by the committee in order to make a just decision. The committee will give specific findings with respect to each of the proposed grounds for removal. A reasoned opinion may be given. Publicity concerning the committee's decision will be withheld until the Board reviews the decision. Statements to the public should be made through the Office of the College President.

Dismissal Procedures. 1. Preliminary proceedings concerning the ability of a faculty member member a. When reason arises to question the ability of a faculty member to perform his/her their assigned duties, the appropriate supervisor should discuss the matter with him/her them in a personal conference. The matter may be terminated by mutual consent at this point. . b. If an adjustment is required but does not happen, the college will notify the faculty member in writing that they intend to initiate dismissal proceedings. The Faculty Association President or designee will also be included in the notification. c. After the initial notification, a standing or ad hoc committee elected by the faculty shall convene to review all information regarding the proposed dismissal. The faculty member in question may opt out of the ad hoc committee step. The committee will give confidential advice to the College President and shall determine recommend whether or not formal proceedings should be instituted. The College President and Faculty Association president can review the committee finding. The faculty committee or . d. After the College President can recommend that formal proceedings begin. Except where there is disagreementmeeting with the ad hoc committee, a joint statement from the faculty committee and the College President will give the specifics of the proposed grounds for dismissal. If there is disagreement, the College President decide whether or his/her representative should formulate the statementnot to begin formal proceedings. 2. Commencement of formal proceedings Formal proceedings begin with a written communication by the College President addressed to the faculty member giving the specifics of the proposed grounds for dismissal, and informing the faculty member that he/she they may request a hearing within ten (10) faculty working days of notification. The hearing will be conducted by a faculty committee at a specified time and place. The hearing will be to determine whether the faculty member should be removed from his/her their faculty position based on the stated grounds. Failure to request a hearing will result in the College President making a decision based on existing evidence. Sufficient time should be allowed the faculty member to prepare his/her their response. The faculty member will be informed in detail or by reference to published regulations of the procedural rights that will be accorded to him/herthem. The faculty member should respond in writing to the specifics of the proposed grounds for dismissal as stated in the letter from the College President. The response should be received no less than one (1) week before the hearing date. 3. Suspension of the faculty member The faculty member will may be suspended during the proceedings only if there is a threat of harm to self or othersproceedings. Suspension should shall be with pay unless legal considerations forbid this. 4. Judicial committee formation The faculty judicial committee who will conduct the hearing should be either an elected standing committee not previously involved with the case or a committee established as soon as possible after the President sends the letter to the faculty member. Faculty members should be selected based on their objectivity, competence, and the regard in which they are held in the academic community. The judicial committee should elect its own chairperson. 5. Committee proceedings Before the hearing, the judicial committee will consider the written statement of proposed grounds for dismissal sent by the College President to the faculty member and the response submitted by the faculty member. The judicial committee in consultation with the College President and the faculty member will decide whether the hearing will be public or private. Testimony of witnesses and other evidence concerning the proposed grounds for dismissal will be received regarding any facts that are in dispute. The College President has the option of attending the hearing. He/She They may designate an appropriate representative to assist in developing the case; but the judicial committee determines the order of proof, conducts questioning of witnesses, and, if necessary, secures the presentation of evidence important to the case. The faculty member has the option of counsel, whose functions are similar to those of the representative chosen by the College President, and has the aid of the committee in securing the attendance of witnesses. The faculty member or his/her their counsel and the representative designated by the College President has the right, within reasonable limits, to question all witnesses who present oral testimony. The faculty member will have the opportunity to be confronted by all adverse witnesses. When unusual and urgent reasons require the committee to withhold this right or when the witness cannot appear, the identity of the witness as well as his/her their statement will be disclosed to the faculty member. Subject to these safeguards, sworn statements may be taken outside the hearing and reported to the committee. All of the evidence should be duly recorded. Unless special circumstances warrant, formal rules of court procedure will not be followed. 6. Consideration by judicial committee The judicial committee will reach a decision based on the information given in the hearing. Oral arguments can be made by the faculty member or his/her their counsel and the representative designated by the College President. The committee may request written briefs. The committee may make a decision without having a transcript made of the hearing if the committee believes a just decision can be reached. A transcript will be ordered if it is needed by the committee in order to make a just decision. The committee will give specific findings with respect to each of the proposed grounds for removal. A reasoned opinion may be given. Publicity concerning the committee's decision will be withheld until the Board reviews the decision. Statements to the public should be made through the Office of the College President.