Investigations and Due Process Clause Samples

Investigations and Due Process. In an investigation of alleged misconduct by a faculty member, the accused faculty member has the following rights and obligations: 1. If the accused faculty member is required to attend an investigatory meeting, she/he has the right to reasonable advance notice (typically two (2) days) of the purpose of the meeting and the nature of the issue at hand. 2. If the accused faculty member is required to attend an investigatory meeting, she/he has the right to be informed in advance that she/he has the right to be accompanied by a representative of the Faculty Association. 3. During an investigatory meeting at which a faculty member has chosen Faculty Association representation, the faculty member has the right to engage in reasonable, non-disruptive consultation with a Faculty Association representative. 4. A faculty member who is instructed to attend an investigatory meeting must respond in a reasonably prompt manner (typically two (2) days) and indicate whether she/he wishes to have a Faculty Association representative present at the meeting and must cooperate in the process of scheduling the meeting. 5. Providing the accused with a reasonably detailed written account of the findings made in the investigation and a specific description of corrective action or other consequences of the investigation (if any) to be taken with regard to the accused. 6. Allegations that one or more of the above due process rights were denied to a faculty member may be presented in a grievance challenging whether there was just cause for corrective (i.e. disciplinary) action, but not in a separate grievance.