Common use of Reasons for Dismissal of an Academic Employee/Faculty Member Clause in Contracts

Reasons for Dismissal of an Academic Employee/Faculty Member. A full-time academic employee shall not be dismissed from his/her appointment except for sufficient cause, nor shall an academic employee who holds a probationary appointment be dismissed prior to the written terms of the appointment except for sufficient cause. Corrective action pursuant to Article XII shall be utilized prior to dismissal as appropriate to the specific facts of the case involved. Sufficient cause shall mean any of the following: 1. Incompetence in the performance of professional duties 2. Serious neglect of duty 3. Malfeasance 4. Physical or mental incapacity to perform duties as a professional academic employee 5. Gross misconduct 6. Willful, frequent, and intransigent violation of College rules and regulations 7. Sexual harassment or any other form of unlawful discrimination 8. Aiding and abetting or participating in any unlawful (RCW 28B.50.862) a. Act of violence b. Act resulting in destruction of College property c. Interference with the orderly conduct of the educational process 9. Substance abuse 10. Thefts or embezzlement of State property 11. Failure to maintain Federation membership pursuant to Article II, Section B. 1. Before any official action is taken relating to the dismissal of a tenured academic employee, the academic employee shall receive written notice from the College President of the proposed action, including an explanation of the evidence supporting the proposed action, and an opportunity, either in person or in writing, to present reasons within fourteen (14) days why the proposed dismissal should not occur. A copy of the notice shall be provided to the Federation in order to provide opportunity to the Federation to inquire into the situation and to effect an adjustment, if possible. The Federation shall respond within fourteen (14) days of its receipt of the matter from the College President. 2. Following the expiration of the fourteen (14) days or upon receipt of the Federation’s report, the College President shall determine whether the proceeding against the academic employee should be undertaken. If the College President decides not to proceed, s/he shall so notify the academic employee in writing and serve copies of such notice to the unit administrator and the Federation President (or designee). If s/he decides to proceed, the matter shall be treated in accordance with Article XI.

Reasons for Dismissal of an Academic Employee/Faculty Member. A full-time academic employee shall not be dismissed from his/her appointment except for sufficient cause, nor shall an academic employee who holds a probationary appointment be dismissed prior to the written terms of the appointment except for sufficient cause. Corrective action pursuant to Article XII shall be utilized prior to dismissal as appropriate to the specific facts of the case involved. Sufficient cause shall mean any of the following: 1. Incompetence in the performance of professional duties 2. Serious neglect of duty 3. Malfeasance 4. Physical or mental incapacity to perform duties as a professional academic employee 5. Gross misconduct 6. Willful, frequent, and intransigent violation of College rules and regulations 7. Sexual harassment or any other form of unlawful discrimination 8. Aiding and abetting or participating in any unlawful (RCW 28B.50.862) a. Act of violence b. Act resulting in destruction of College property c. Interference with the orderly conduct of the educational process 9. Substance abuse 10. Thefts or embezzlement of State property property 11. Failure to maintain Federation membership pursuant to Article II, Section B. 1. B. SECTION D: Procedures Relating to the Dismissal of an Academic Employee/Faculty Member 1 Before any official action is taken relating to the dismissal of a tenured academic employee, the academic employee shall receive written notice from the College President of the proposed action, including an explanation of the evidence supporting the proposed action, and an opportunity, either in person or in writing, to present reasons within fourteen (14) days why the proposed dismissal should not occur. A copy of the notice shall be provided to the Federation in order to provide opportunity to the Federation to inquire into the situation and to effect an adjustment, if possible. The Federation shall respond within fourteen (14) days of its receipt of the matter from the College President. 2. Following the expiration of the fourteen (14) days or upon receipt of the Federation’s report, the College President shall determine whether the proceeding against the academic employee should be undertaken. If the College President decides not to proceed, s/he shall so notify the academic employee in writing and serve copies of such notice to the unit administrator and the Federation President (or designee). If s/he decides to proceed, the matter shall be treated in accordance with Article XI.