Common use of Personal and/or Professional Behavior – Diminished Capacity Clause in Contracts

Personal and/or Professional Behavior – Diminished Capacity. ‌ In instances where there are compelling indications of diminished capacity of a faculty member in one or more areas of professional responsibility, as evidenced by personal and/or professional behavior, the administrator/supervisor will intervene. The primary goals of the intervention will be to assure the continued, ongoing delivery of high quality instructional service to students and the recovery of the faculty member to the fullest extent possible. The initial intervention will occur in a meeting with the faculty member. In advance of that meeting, the administrator will inform the faculty member of the reason for the meeting and of the faculty member’s right to choose a personal advisor. When mutually agreed upon, an additional advisor may also be present during that and subsequent joint meetings. In all cases the individuals involved will maintain the confidentiality of the persons, processes, and plans discussed in this and in all subsequent meetings. The purpose of the meeting will be to discuss with the faculty member the circumstances and concerns that have prompted the intervention. In addition, the administrator will describe the behaviors that have been documented, review and clarify administrative expectations, and provide the faculty member and personal advisor(s) with an opportunity to respond and offer additional information. Based on the discussion, the administrator, in collaboration with the faculty member and the personal advisor(s), will develop a written plan for addressing/managing the situation. Nothing in that plan may conflict with the provisions of this contract. The faculty member has the right to decline participation in the development of the plan, in which case the administrator will develop the plan independently. In any case, the faculty member will be provided with the plan and a copy will be placed in the faculty member’s personnel file. The plan shall be unique in its responsiveness to the circumstances of the individual situation, but consistent in its fairness, sensitivity, and recognition and protection of faculty and administrative rights and responsibilities. In addition, the plan will be consistent with the provisions of the Americans with Disabilities Act and other applicable laws, regulations and college policies. The plan may include, but will not necessarily be limited to the following components: follow-up discussions; continuing involvement, at the option of the faculty member, of a personal advisor(s); procedures for monitoring the situation for a specified period of time; temporary modification in and/or reassignment of duties, and referral (with the cost of this initial referral to be paid by the College) to a mutually agreed upon external consultant / physician / expert. In case the administrator and the faculty member can’t agree on that person, the Vice President for Academic Affairs and the President of the Faculty Association will make the selection according to Board Policy 4106. Reports from the consultant/ physician/ expert of a medical nature will be retained in a confidential file separate from the faculty member’s personnel file in the office of the Associate Vice President for Human Resources. The faculty member has the right to decline to participate in the plan for addressing/managing the situation. In this case, or should subsequent evaluation confirm continuing failure to function effectively in one or more areas of professional responsibility, the administrator may initiate the probation procedures associated with Board Policy 4115.

Personal and/or Professional Behavior – Diminished Capacity. ‌ In instances where there are compelling indications of diminished capacity of a faculty member in one or more areas of professional responsibility, as evidenced by personal and/or professional behavior, the administrator/supervisor will intervene. The primary goals of the intervention will be to assure the continued, ongoing delivery of high quality instructional service to students and the recovery of the faculty member to the fullest extent possible. The initial intervention will occur in a meeting with the faculty member. In advance of that meeting, the administrator will inform the faculty member of the reason for the meeting and of the faculty member’s right to choose a personal advisor. When mutually agreed upon, an additional advisor may also be present during that and subsequent joint meetings. In all cases the individuals involved will maintain the confidentiality of the persons, processes, and plans discussed in this and in all subsequent meetings. The purpose of the meeting will be to discuss with the faculty member the circumstances and concerns that have prompted the intervention. In addition, the administrator will describe the behaviors that have been documented, review and clarify administrative expectations, and provide the faculty member and personal advisor(s) with an opportunity to respond and offer additional information. Based on the discussion, the administrator, in collaboration with the faculty member and the personal advisor(s), will develop a written plan for addressing/managing the situation. Nothing in that plan may conflict with the provisions of this contract. The faculty member has the right to decline participation in the development of the plan, in which case the administrator will develop the plan independently. In any case, the faculty member will be provided with the plan and a copy will be placed in the faculty member’s personnel file. The plan shall be unique in its responsiveness to the circumstances of the individual situation, but consistent in its fairness, sensitivity, and recognition and protection of faculty and administrative rights and responsibilities. In addition, the plan will be consistent with the provisions of the Americans with Disabilities Act and other applicable laws, regulations and college policies. The plan may include, but will not necessarily be limited to the following components: follow-up discussions; continuing involvement, at the option of the faculty member, of a personal advisor(s); procedures for monitoring the situation for a specified period of time; temporary modification in and/or reassignment of duties, and referral (with the cost of this initial referral to be paid by the College) to a mutually agreed upon external consultant / physician / expert. In case the administrator and the faculty member can’t agree on that person, the Vice President for Academic Affairs and the President of the Faculty Association will make the selection according to Board Policy 4106. Reports from the consultant/ physician/ expert of a medical nature will be retained in a confidential file separate from the faculty member’s personnel file in the office of the Associate Vice President for Chief Human ResourcesResources Officer (CHRO). The faculty member has the right to decline to participate in the plan for addressing/managing the situation. In this case, or should subsequent evaluation confirm continuing failure to function effectively in one or more areas of professional responsibility, the administrator may initiate the probation procedures associated with Board Policy 4115.

Personal and/or Professional Behavior – Diminished Capacity. ‌ In instances where there are compelling indications of diminished capacity of a faculty member in one or more areas of professional responsibility, as evidenced by personal and/or professional behavior, the administrator/supervisor will intervene. The primary goals of the intervention will be to assure the continued, ongoing delivery of high quality instructional service to students and the recovery of the faculty member to the fullest extent possible. The initial intervention will occur in a meeting with the faculty member. In advance of that meeting, the administrator will inform the faculty member of the reason for the meeting and of the faculty member’s right to choose a personal advisor. When mutually agreed upon, an additional advisor may also be present to be present during that and subsequent joint meetings. In all cases the individuals involved will maintain the confidentiality of the persons, processes, and plans discussed in this and in all subsequent meetings. The purpose of the meeting will be to discuss with the faculty member the circumstances and concerns that have prompted the intervention. In addition, the administrator will describe the behaviors that have been documented, review and clarify administrative expectations, and provide the faculty member and personal advisor(s) with an opportunity to respond and offer additional information. Based on the discussion, the administrator, in collaboration with the faculty member and the personal advisor(s), will develop a written plan for addressing/managing the situation. Nothing in that plan may conflict with the provisions of this contract. The faculty member has the right to decline participation in the development of the plan, in which case the administrator will develop the plan independently. In any case, the faculty member will be provided with the plan and a copy will be placed in the faculty member’s personnel file. The plan shall be unique in its responsiveness to the circumstances of the individual situation, but consistent in its fairness, sensitivity, and recognition and protection of faculty and administrative rights and responsibilities. In addition, the plan will be consistent with the provisions of the Americans with Disabilities Act and other applicable laws, regulations and college policies. The plan may include, but will not necessarily be limited to the following components: follow-up discussions; continuing involvement, at the option of the faculty member, of a personal advisor(s); procedures for monitoring the situation for a specified period of time; temporary modification in and/or reassignment of duties, and referral (with the cost of this initial referral to be paid by the College) to a mutually agreed upon external consultant / physician / expert. In case the administrator and the faculty member can’t agree on that person, the Vice President for Academic Affairs and the President of the Faculty Association will make the selection according to Board Policy 4106. Reports from the consultant/ physician/ expert of a medical nature will be retained in a confidential file separate from the faculty member’s personnel file in the office of the Associate Vice President for Human Resources. The faculty member has the right to decline to participate in the plan for addressing/managing the situation. In this case, or should subsequent evaluation confirm continuing failure to function effectively in one or more areas of professional responsibility, the administrator may initiate the probation procedures associated with Board Policy 4115.

Personal and/or Professional Behavior – Diminished Capacity. ‌ In instances where there are compelling indications of diminished capacity of a faculty member in one or more areas of professional responsibility, as evidenced by personal and/or professional behavior, the administrator/supervisor will intervene. The primary goals of the intervention will be to assure the continued, ongoing delivery of high quality instructional service to students and the recovery of the faculty member to the fullest extent possible. The initial intervention will occur in a meeting with the faculty member. In advance of that meeting, the administrator will inform the faculty member of the reason for the meeting and of the faculty member’s right to choose a personal advisor. When mutually agreed upon, an additional advisor may also be present during that and subsequent joint meetings. In all cases the individuals involved will maintain the confidentiality of the persons, processes, and plans discussed in this and in all subsequent meetings. The purpose of the meeting will be to discuss with the faculty member the circumstances and concerns that have prompted the intervention. In addition, the administrator will describe the behaviors that have been documented, review and clarify administrative expectations, and provide the faculty member and personal advisor(s) with an opportunity to respond and offer additional information. Based on the discussion, the administrator, in collaboration with the faculty member and the personal advisor(s), will develop a written plan for addressing/managing the situation. Nothing in that plan may conflict with the provisions of this contract. The faculty member has the right to decline participation in the development of the plan, in which case the administrator will develop the plan independently. In any case, the faculty member will be provided with the plan and a copy will be placed in the faculty member’s personnel file. The plan shall be unique in its responsiveness to the circumstances of the individual situation, but consistent in its fairness, sensitivity, and recognition and protection of faculty and administrative rights and responsibilities. In addition, the plan will be consistent with the provisions of the Americans with Disabilities Act and other applicable laws, regulations and college policies. The plan may include, but will not necessarily be limited to the following components: follow-up discussions; continuing involvement, at the option of the faculty member, of a personal advisor(s); procedures for monitoring the situation for a specified period of time; temporary modification in and/or reassignment of duties, and referral (with the cost of this initial referral to be paid by the College) to a mutually agreed upon external consultant / physician / expert. In case the administrator and the faculty member can’t agree on that person, the Vice President for Academic Affairs and the President of the Faculty Association will make the selection according to Board Policy 4106. Reports from the consultant/ physician/ expert of a medical nature will be retained in a confidential file separate from the faculty member’s personnel file in the office of the Associate Vice President for Human Resources. The faculty member has the right to decline to participate in the plan for addressing/managing the situation. In this case, or should subsequent evaluation confirm continuing failure to function effectively in one or more areas of professional responsibility, the administrator may initiate the probation procedures associated with Board Policy 4115.