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DOCUMENTS AND PROCEEDINGS OF THE FACULTY COUNCIL

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.