RECOMMENDATION FOR A CHANGE IN REGENTS’ RULES CONCERNING
SUSPENSION OF A FACULTY MEMBER WITH PAY
Alan W. Friedman (English), Chair of the
Faculty Grievance Committee, filed with the Secretary of the Faculty
Council the recommendation from the Committee set forth below. The Secretary
classified this recommendation as general legislation. The 10-day circulation
rule for general legislation will be satisfied on December 5,
1997.
Notice is hereby given that this recommendation will be presented
to the Faculty Council for action at its regular meeting on Monday,
December 8, 1997.
<signed>
H. Paul Kelley,
Secretary The Faculty Council
Distributed to members of the Faculty Council on November 25, 1997.
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RECOMMENDATION FOR A CHANGE IN REGENTS’ RULES
CONCERNING
SUSPENSION OF A FACULTY MEMBER WITH PAY
Part One, Chapter III, Section 6.3 of the
Rules and Regulations of the Board of Regents of The University of
Texas System for the Governance of The University of Texas System contains
the rules for the termination of employment of faculty members.
It is
recommended that Subsection 6.33, which appears on pages III-19 through
III-20a, be amended as shown below.
In order to provide context for the recommended change, the portion
of Section 6.3 that precedes the amendment is also shown. The portion
of Section 6.3 that follows the amendment is not shown.
6.3
Termination by an institution of the employment
of a faculty member who has been granted tenure and of all other faculty
members before the expiration of the stated period of appointment, except
as is otherwise provided in Subdivision 6.26 and Subsections 6.(11) and
6.(12) or by resignation or retirement, will be only for good cause shown.
In each case the issue will be determined according to the equitable procedures
provided in this Subsection.
6.31
The chief administrative officer shall assure
that all allegations against a faculty member that involve the potential
for termination are reviewed under the direction of the chief academic officer
unless another officer is designated by the chief administrative officer.
The faculty member who is the subject of the allegations shall be given
an opportunity to be interviewed prior to a determination by the chief academic
officer whether the allegations are supported by evidence that constitutes
good cause for termination. The chief academic officer will recommend to
the chief administrative officer whether to proceed with charges for termination.
A faculty member under review for matters that may result in charges for
termination may file a grievance pursuant to a faculty grievance procedure
only if the subject of the grievance is not involved in the review. A pending
grievance may proceed only if it does not involve a subject under review.
6.32
If the chief administrative officer determines
that the allegations are supported by evidence that constitutes good cause
for termination, the chief administrative officer will meet with the faculty
member, explain the allegations and supporting evidence, and give the faculty
member a reasonable amount of time, as determined by the chief administrative
officer, to respond either orally or in writing. In cases of incompetency
or gross immorality, where the facts are admitted, or in the case of a felony
conviction, the hearing procedures of Subdivision 6.33 shall not apply and
dismissal by the chief administrative officer will follow.
6.33
33 In cases where other offenses are charged,
and in all cases where the facts are in dispute, the accused faculty member
will be informed in writing of the charges. [If the chief administrative
officer determines that the nature of the charges and the evidence are such
that it is in the best interest of the institution, the accused faculty
member may be
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suspended with pay pending the completion
of the hearing and final decision by the Board.]The accused faculty
member may be suspended with pay pending the completion of the hearing and
final decision of the Board, if, after consultation with the Committee of
Counsel on Academic Freedom and Responsibility concerning the propriety,
the length, and other conditions of the suspension, the chief administrative
officer determines that the nature of the charges and the evidence are such
that it is in the best interest of the institution.
RATIONALE FOR THE CHANGE:
Authority in such cases should be exercised cautiously and with
due safeguards and advice.
