Common use of Voluntary Peer Review In Cases Of Dismissal Clause in Contracts

Voluntary Peer Review In Cases Of Dismissal. 1. The dismissal for cause of a faculty member with tenure, or of a non-tenured faculty member before the end of the specified term of appointment, shall be based only on specific charges relating directly and substantially to the fitness of the faculty member to continue in his or her professional capacity. 2. In the event of a decision by the College to dismiss a faculty member with tenure, or a non-tenured faculty member before the end of the specified term of appointment, the faculty member is entitled, if he or she wishes, to utilize the peer review procedures set forth in this Article. A faculty member who does not wish to avail himself/herself of these procedures may waive them. A faculty member who does wish to avail himself/herself of these procedures shall so notify the President and the Chair of the Professional Standards Committee; upon such notification, the procedures set forth below shall apply. 3. Any such dismissal for cause shall be preceded by discussions between the faculty member and appropriate administrative officers looking toward a mutual settlement. If the matter is not resolved by personal conference, the Professional Standards Committee shall undertake an informal inquiry and, if it fails to effect a resolution, shall offer non-binding advice to the President as to whether dismissal proceedings should be undertaken. 4. If the President decides to proceed with formal dismissal, he/she shall provide the faculty member with a statement of charges, framed with reasonable particularity, to which the faculty member shall have twenty days to respond prior to a hearing before the Professional Standards Committee. 5. Upon receipt of a request by the faculty member for a hearing before the Committee, the Professional Standards Committee shall establish the time and place of the hearing and shall adopt rules to be followed. The burden of proof shall rest with the administration to demonstrate the adequacy of cause for dismissal. The faculty member shall have the opportunity to be represented by counsel of his/her choice, to call witnesses in his/her own behalf, and to confront and cross-examine all adverse witnesses. A verbatim record of the hearing of the Professional Standards Committee may be taken, at the option and expense of the faculty member. 6. The findings and recommendations of the Professional Standards Committee shall be submitted within thirty (30) days to the President and to the faculty member concerned. If the President rejects the Committee's recommendations, he/she shall inform the committee and faculty member of the reasons for doing so and shall provide an opportunity for response before transmitting the case to the Board of Trustees. 7. Review of the case by the Board of Trustees shall be based on the record of the hearing, accompanied by an opportunity for oral and/or written argument by the principals at the hearing or their representatives. In the event of a final decision to dismiss a faculty member with tenure, he/she shall have access to the statutory review procedures provided in N.J.S.A. 18A:6-10 et. seq.

Voluntary Peer Review In Cases Of Dismissal. 1. The dismissal for cause of a faculty member with tenure, or of a non-tenured faculty member before the end of the specified term of appointment, shall be based only on specific charges relating directly and substantially to the fitness of the faculty member to continue in his or her professional capacity. 2. In the event of a decision by the College to dismiss a faculty member with tenure, or a non-tenured faculty member before the end of the specified term of appointment, the faculty member is entitled, if he or she wishes, to utilize the peer review procedures set forth in this Article. A faculty member who does not wish to avail himself/herself of these procedures may waive them. A faculty member who does wish to avail himself/herself of these procedures shall so notify the President and the Chair of the Professional Standards Committee; upon such notification, the procedures set forth below shall apply. 3. Any such dismissal for cause shall be preceded by discussions between the faculty member and appropriate administrative officers looking toward a mutual settlement. If the matter is not resolved by personal conference, the Professional Standards Committee shall undertake an informal inquiry and, if it fails to effect a resolution, shall offer non-binding advice to the President as to whether dismissal proceedings should be undertaken. 4. If the President decides to proceed with formal dismissal, he/she shall provide the faculty member with a statement of charges, framed with reasonable particularity, to which the faculty member shall have twenty days to respond prior to a hearing before the Professional Standards Committee. 5. Upon receipt of a request by the faculty member for a hearing before the Committee, the Professional Standards Committee shall establish the time and place of the hearing and shall adopt rules to be followed. The burden of proof shall rest with the administration to demonstrate the adequacy of cause for dismissal. The faculty member shall have the opportunity to be represented by counsel of his/her choice, to call witnesses in his/her own behalf, and to confront and cross-examine all adverse witnesses. A verbatim record of the hearing of the Professional Standards Committee may be taken, at the option and expense of the faculty member. 6. The findings and recommendations of the Professional Standards Committee shall be submitted within thirty (30) days to the President and to the faculty member concerned. If the President rejects the Committee's recommendations, he/she shall inform the committee and faculty member of the reasons for doing so and shall provide an opportunity for response before transmitting the case to the Board of Trustees. 7. Review of the case by the Board of Trustees shall be based on the record of the hearing, accompanied by an opportunity for oral and/or written argument by the principals at the hearing or their representatives. In the event of a final decision to dismiss a faculty member with tenure, he/she shall have access to the statutory review procedures provided in N.J.S.A. 18A:6-10 et. seq.