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<s>[INST] REDUCTION IN FORCE.txt [/INST] REDUCTION IN FORCE (STAFF) POLICY
Effective Date:
[TBD]
Policy Number:
III – 3.3.19
Supersedes:
Not Applicable.
Issuing Authority:
[TBD]
Responsible Officer:
[TBD]
Applicability:
All Regular Full-and Part-time Administrative Staff and Staff (hereinafter “staff” or “employee”). Faculty are excluded from this Policy.
History:
PURPOSE
The purpose of this policy is to set forth the criteria and procedures to guide the fair and equitable treatment of regular full and part time staff in the event it becomes necessary for the college to eliminate positions because of a lack of funds, lack of work, program restructuring for economic or programmatic reasons, reorganization, or other business needs.
POLICY
The president of Canisius College shall declare a reduction in force. The president’s recommendation in turn will be based on a reduction in force analysis and plan, which shall be developed under the supervision of the applicable area vice president. Determination and notification of staff or staff position(s) to be due eliminated due to a reduction in force will be governed by the procedures and policy guidelines set forth herein. Reduction in force decisions will be made without respect to age, race, religion or creed, color, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity, familial status, domestic victim status, pregnancy, citizen status, disability, or any other status protected by state or federal law.
DEFINITIONS
Reduction in Forcea separation from employment due to lack of funds, lack of work, program restructuring for economic or programmatic reasons, reorganization, or other business needs, with no likelihood or expectation that the employee will be recalled because the position itself is eliminated.
PROCEDURES/GUIDELINES
General Guidelines
Prior to implementing a reduction in force, the college may consider other alternatives such as reducing administrative or staff personnel as applicable by attrition, hiring freezes, changing employee work schedules or reducing work hours, voluntary time-off, or early retirement options.
Reduction in Force Procedures
Determination of Necessity for Reduction in Force
Step One: Initiating Reduction in Force Plan
When circumstances exist which warrant a reduction in the college’s work force to assure the continued financial security, quality, or efficiency of the college’s offices and programs, the president will request that a reduction in force analysis and plan be developed under the supervision of the senior leadership team. The plan will include a rationale for eliminating or reducing positions, programs and/or services and set forth the objectives to be achieved by the reduction in force.
College, school, and/or department functions, needs, and responsibilities must be carefully analyzed to determine which areas, activities, programs, organizations, and/or employee classifications should be reduced. In addition, the jobs and functions that will need to be performed after the reductions are implemented must be identified. Finally, the plan will determine those positions which will be restructured or eliminated. Such a determination will specify positions by job title, department, and full or part-time status.
Step 2: Position Selection
The selection of employees for layoff within a designated layoff college, school, and/or department and within a particular job classification and grade level will be made in the following sequence and in accordance with the following criteria:
Positions of temporary and introductory staff within a designated layoff college, school, and/or department and within a particular job classification and grade level will be eliminated before any regular administrators, librarians, or staff.
Regular staff who have completed their introductory periods will be selected for layoff in accordance with the following criteria:
Qualifications (knowledge, skills, and abilities needed to staff the positions remaining);
Level of performance, as determined on the basis of documented performance evaluations and complete personnel files;
Presence or absence of documentation of poor job performance or unsatisfactory conduct; and
If all other factors are equal, seniority will govern (least senior employees will be selected for layoff first, with seniority measured by years of continuous college service).
Layoff of senior administrative staff may occur based on operational needs and without regard to job classification or level.
Step 3: Reduction-in-Force Plan Review and Approval Process
The associate vice president for human resources and compliance will review the draft of the written plan, including the positions selected for elimination, to determine that all work force reduction recommendations are consistent with this policy and that affected personnel are treated in an equitable and consistent manner, as well as to ensure that legally protected classes are not disproportionately affected by the reduction-in-force recommendations.
The associate vice president for human resources and compliance will then forward the plan with his/her recommendations to the senior leadership team and president for approval.
Step 4:
Positions made vacant by a reduction-in-force may not be filled for at least 12 months from the effective date of the reduction notification, except by following the recall provisions of this policy. This requirement applies even if, following the reduction in force, the affected position is reclassified into another similar position.
Notice
Written notification of layoff must be given to affected employees at least two weeks before the effective date of the layoff. A department may, however, provide 2 weeks pay in lieu of this notice. The notification must include (a) the effective date of the layoff, (b) a summary of the reasons for the layoff, (c) an explanation of the amount of severance pay and accrued paid leave for which the employee qualifies, and (d) an explanation of the employee’s appeals process, if otherwise eligible.
Staff members must be given as much advance notice as possible when being notified of a layoff. In no case should any employee be given less than a four-week notice or asked to leave in less than a four-week timeframe. In very limited circumstances, the CHRO of the University may approve less than a four-week notice period after consultation with the University President. Any request for a reduced notice period must be submitted in writing and approved by the CHRO in advance of any communication to impacted employees. It is an expectation that each staff member impacted by a layoff be treated with the utmost respect, dignity and compassion.
Rights of Employees
Each employee whose position has been made vacant by a reduction-in-force shall receive information on continuation of health benefits (COBRA) in the mail as required by law.
Benefits
The following benefit guidelines will be followed for each employee whose position has been made vacant by a reduction-in-force:
If able to financially, the college will pay severance payment to benefit eligible staff in the amount of one week of pay for every year worked at the college;
The college will pay all accrued vacation leave;
Sick leave balances accrued at the time of layoff will be restored if the employee is rehired by the college within one year of the employee’s separation date;
COBRA regulations allow the conversion of the health insurance policy, provided the employee pays the total monthly premium for the coverage;
A vested right to all contributions made by the college to the employee’s TIAA/CREF retirement fund and annuity plans;
Long term disability (LTD) is not available for continuation;
Life insurance is available for conversion to a private policy;
Employees or their dependents who are receiving tuition assistance may continue to receive this benefit through the balance of the semester in which their last day of work falls.
Reinstatement
Employees whose positions has been made vacant by a reduction-in-force shall be placed on a reinstatement list for eighteen months and receive priority consideration before all other candidates for vacancies for which they are qualified. Refusal for interview, failure to attend a scheduled interview, or failure to accept a job offer will cause the person to lose all reinstatement rights. Separated employees must maintain current mailing addresses and telephone numbers with Human Resources in order to continue to be considered for vacancies.
Employees reinstated to the same position they formerly held will not be required to serve a new introductory period (if applicable) and will receive their former pay. Employees reinstated to a different position will complete a new introductory period. Pay will be in accordance with applicable policy. Previously accrued seniority will be reinstated for all personnel. In no case will personnel accrue seniority while in a non-work status. These procedures do not in any manner guarantee any individual who has separated as a result of a reduction in force a right to return to employment with the college.
Outplacement Services
Human Resources may provide career guidance and/or outplacement services to affected employees if approved by the senior leadership team.
RELATED POLICIES
Problem Resolution (Administrative Staff) Policy
Problem Resolution (Librarians) Policy
Problem Resolution (Staff) Policy
Separation from Employment (Administrative Staff) Policy
Separation from Employment (Librarians) Policy
Separation from Employment (Staff) Policy</s> |
<s>[INST] Removal of Committee Members Draft Section.txt [/INST] Section 11. In instances of a committee chair or committee member’s persistent lack of attendance or consistent disrespect for the orderly operation of a committee, the Executive Committee may be called upon to facilitate the review of such allegations, or execute removal of the committee chair or member.</s> |
<s>[INST] Removed Merit Models.txt [/INST] Removed Merit Models
Model 1 – No Scoring Rubric
1. Evaluation File
On or before the published deadline, full-time faculty eligible for a salary merit increment shall upload to the online web portal the following materials for inclusion in their Faculty Personnel Committee evaluation file:
A completed Faculty Personnel Information Sheet (Self-Report)
A current curriculum vitae
Course syllabi
Products or links to products of scholarly or creative work
Academic Affairs will then upload to the evaluation file the following materials:
Student Course Evaluations
Rating Sheets from Peer Colleagues and the Student Faculty Board of the Department
Peer Teaching Observation Reviews
2. The Faculty Personnel Committee Evaluation
The Faculty Personnel Committee evaluates the faculty member’s performance since the last merit cycle (or initial appointment) in each of the three categories of performance - teaching, scholarly or creative work, and University and community service - based on the information in the faculty member’s Faculty Personnel Committee evaluation file. By majority vote the Committee characterizes the faculty member’s work in each category by one of the following levels of achievement.
Does not meet minimum expectations for rank or reappointment
Needs improvement
Meets expectations for rank or reappointment
Exceeds expectations for rank or reappointment
Exceptional performance
Faculty may only be awarded merit if their work in each category of evaluation is characterized as at least meeting expectations for their rank or reappointment status. For those who meet expectations in all three categories, the following criteria will be used to determine awards for Superior Merit, High Merit, and Merit.
Superior Merit
To receive an award at the Superior Merit level, a faculty member’s work must demonstrate exceptional performance in each of the two categories of teaching and scholarly or creative contributions and at least meet expectations in service for their rank or reappointment status.
High Merit
To receive an award at the High Merit level, a faculty member must demonstrate that they exceed expectations in teaching and that they at least meet expectations in scholarly or creative contributions and service.
Merit
To receive an award at the Merit level, a faculty member must demonstrate that they at least meet expectations in all three categories of evaluation: teaching, scholarly or creative activity, and service.
The Faculty Personnel Committee shall use the criteria in Section 3.9.1 (and any applicable departmental criteria delineated in an approved memorandum of understanding) to evaluate the faculty member’s comparative accomplishments in each of the three categories of performance to assign a level of achievement. After assigning final merit ratings for each faculty member in the cohort, the Faculty Personnel Committee submits the individual ratings to the Provost.
3. Awarding of Merit Pay
Following receipt and review of the Faculty Personnel Committee’s summary of each faculty member’s level of achievement in each category, the Provost will review the summary for the cohort to determine that both the University’s procedures were followed and that all categories of faculty performance were considered in the evaluation. If the summary of levels of achievement are accepted, the Provost will approve the summary. If the Provost has any concerns, the Provost will consult with the Faculty Personnel Committee before making a final determination on a faculty member’s merit award level.
When the process is completed, the Provost issues a letter to the faculty member evaluated advising of the outcome of the evaluation. The letter will include the committee’s evaluations in each of the three performance categories. If merit was not awarded, the Provost’s letter will clarify expectations and make suggestions on an area(s) to strengthen.
-End of Model 1-
Model 2 – Scoring Rubric with Weight Percentages
1. Evaluation File
On or before the published deadline, full-time faculty eligible for a salary merit increment shall upload to the online web portal the following materials for inclusion in their Faculty Personnel Committee evaluation file:
A completed Faculty Personnel Information Sheet (Self-Report)
A current curriculum vitae
Course syllabi
Products or links to products of scholarly or creative work
Academic Affairs will then upload to the evaluation file the following materials:
Student Course Evaluations
Rating Sheets from Peer Colleagues and the Student Faculty Board of the Department
Peer Teaching Observation Reviews
2. The Faculty Personnel Committee Evaluation
The Faculty Personnel Committee evaluates the faculty member’s performance since the last merit cycle (or initial appointment) in each of the three categories of performance – teaching, scholarly or creative work, and University and community service based on the information in the faculty member’s Faculty Personnel Committee evaluation file and using the 5-point scale set forth below:
Points
Does Not Meet Minimum Expectation for Rank or Reappointment
0
Needs Improvement
1
Meets Expectation for Rank or Reappointment
2
Exceeds Expectation for Rank or Reappointment
3
Exceptional Performance
4
The Faculty Personnel Committee shall use the criteria in Section 3.8.1 (and any applicable departmental criteria delineated in an approved memorandum of understanding) to evaluate the faculty member’s performance in each of the three categories of performance and to assign a rating using the scale above.
Determining the Merit Category
The Faculty Personnel Committee, by majority vote, assigns the individual faculty member a rating of 0, 1, 2, 3, or 4 in each of the three categories. For each category, the rating is multiplied by the weight percentage of the category. The default weighting formula is 60-30-10 (with teaching rating multiplied by 0.40, scholarly and creative contributions by 0.30, and service by 0.10); however, the individual faculty member may submit in the Faculty Personnel Information Sheet (Self-Report) a proposed alternative weighting formula. When submitting proposed weighting percentages, the faculty member should set forth the reasons why the Committee should consider an alternative weighting formula. The weighted scores are then summed to produce an overall total points score that ranges between 0.0 and 4.0.
The faculty member’s final score determines the merit award category, as follows:
Total Points
Merit Category
0.00 – 1.99
No Merit
2.00 – 2.79
Merit 1
2.8 – 3.79
Merit 2
3.80 – 4.00
Merit 3
After assigning final merit scores for each faculty member in the cohort, the Faculty Personnel Committee submits the individual scores to the Provost.
If the Faculty Personnel Committee determines that a faculty member is not meeting the minimum expectations for rank or reappointment in one or more evaluation categories, the committee will document its findings in a written report to the faculty member and Provost. At the committee’s discretion, it may refer the faculty member to the Provost for the development of an improvement plan.
3. Awarding of Merit Pay
Following receipt and review of the merit scores, the Provost will review the scores for the cohort to determine that both the University’s procedures were followed and that all categories of faculty performance were considered in the review. If the rankings are accepted, the Provost will approve the scores. If the Provost has any concerns, the Provost will consult with the Committee before making a final determination on a faculty member’s merit score.
Following the Provost’s approval of the merits score, Academic Affairs will tabulate the total merit scores in the cohort, order them from highest to lowest score, and then group them into three tiers of similar scores to indicate the three orders of merit pay.
When the process is completed, the Provost issues a letter to the faculty member evaluated advising of the outcome of the evaluation. The letter will include the committee’s evaluations in each of the three performance categories. If merit was not awarded, the Provost’s letter will clarify expectations and make suggestions on an area(s) to strengthen.
-End of Model 2-</s> |
<s>[INST] Removed Termination Due to Financially Contingent Situations and Resource Allocation.txt [/INST] Termination Due to Financially Contingent Situations and Resource Allocation
Termination of a tenured faculty member or, prior to the end of the term of appointment, of a tenure-track faculty member may occur because of the declaration of a financially contingent situation as described below.
For purposes of this policy, a “financially contingent situation” is a serious financial condition that is likely in the future to threatens the fiscal soundness of the University’s programs or services. It is not required that the university invade or deplete capital prior to determining that there is a financially contingent situation. It is also not required that the viability of the institution as a whole is threatened prior to determining that there is a financially contingent situation.
Criteria
The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness and Marketability, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction and reorganization, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness and Marketability, and Quality. The objective must be to arrive at wise judgments.
MISSION
Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Ohio Wesleyan's liberal arts heritage? Is it essential in serving other programs?
COST EFFECTIVENESS & MARKETABILITY
Attentiveness to the cost effectiveness and marketability of programs and services is a key characteristic of a well-run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short-term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. The following non-prescriptive questions related to cost effectiveness and marketability must be asked: What is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service a "native recruiter?" Is it duplicative? What is the present and future demand for the program among existing and potential student populations as measured by internal data sets (e.g., enrollments, numbers of majors, programs served, etc.), labor market projections, external stakeholder feedback, and national and state policy/economic projections and placement data?
QUALITY
Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and faculty staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its staff faculty generally perceived by Faculty (staff, where non-academic services may be involved), students, and alumni to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the staff faculty versatile as well as strong?
The guidelines of Mission, Cost Effectiveness and Marketability, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions.
Making Contingency Decisions
If financially contingent situations require reductions in personnel and/or academic departments or programs resulting in the termination of faculty appointments or services , the University will balance a need for timely action with the need for shared decision-making. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students, before making a recommendation to the Board of Trustees as follows:
Determination of Financial Contingent Situation
The Board of Trustees is solely authorized to determine that a financial contingent situation exists or is imminent.
The University Governance Committee shall be invited to be present when the Board of Trustees considers matters related to financial contingency and may, at the discretion of the Chair of the Board of Trustees, be invited to address the Board on behalf of the faculty as part of the Board's deliberations. The President shall present relevant financial data to the Committee of University Governance (UGC) that a financial contingent situation exists or is imminent, and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of faculty positions.
Framing of Proposal to Address Financial Contingent Situation
Responsibility for framing a proposal for program or services and/or personnel reductions to deal with a financially contingent situation will rest with the President. The proposal, when it pertains to academic programs and/or personnel, will be referred to the Committee on Academic Programs as to curricular impact, to the Academic Planning and Allocation Committee as to the implications for the academic plan, to the Faculty Personnel Committee as to personnel implications, and to the affected programs. When the proposal pertains to non-academic programs, services, and/or personnel, it will be forwarded to the Governance Committee and the Senior Leadership Team Cabinet for consideration. These bodies will hold hearings as part of their deliberations. At the discretion of the President, an advisory student committee may also be created. These groups will severally consider the proposal(s) and in doing so may consult widely with faculty, students, and, where appropriate, with staff. They are to complete their deliberations within 30 calendar days of receipt of the President's proposal(s) and report their findings and recommendations to the President immediately upon finishing their deliberations. They may recommend acceptance, alteration, or otherwise, of the President's proposal(s). If and when they are unable to achieve concurrence with the President, and the President yet judges that reductions must be made, the President will report to the Board of Trustees the proposed course of action. If there is a difference of views between the President and the committees, the President will ensure that the committees' proposals are forwarded to the Trustees with the President’s proposal(s). The Board of Trustees retains ultimate authority for approving proposals as to program and position reductions and terminations responding to a financially contingent situation.
After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken.
In the event that the Board of Trustees declares that a financial contingent situation exists or is imminent, the President shall be responsible for framing a proposal for addressing the situation. If the proposal might require reductions in academic departments or interdisciplinary programs and the termination of faculty positions, the President, prior to framing the proposal, shall engage in an extensive academic program review process.
Academic Program Review Process
Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a set of common quantitative data for all academic programs at the University showing trends in course enrollments, student credits delivered, graduated majors, declared majors, direct instructional expense, and other performance metrics agreed upon by Academic Affairs, Academic Planning and Allocation Committee (APAC), and UGC. The data will be made available transparently to all faculty through appropriate means such as live data dashboards.
Step 2. Following the publication of the data, each academic department and interdisciplinary program will be charged by Academic Affairs to complete self-studies, following criteria set by APAC.
Step 3. Following receipt of the department and program self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President.
Step 4. The President shall convene a Joint Committee comprised of eight faculty members, six of which are elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: UGC, Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and APAC; and two of which are appointed by the President from the tenure-line faculty. In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. From the faculty membership, the President shall appoint the convener of the Joint Committee.
After considering the department self-studies and APAC report, the Joint Committee shall:
Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors;
Identify opportunities for program enhancement; and
Suggest the optimal configuration of departments and interdisciplinary programs.
In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs; and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program.
The President, following consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President.
Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected departments and interdisciplinary programs identified in the proposal.
Each committee and affected department and interdisciplinary program will have a 30-day period to develop their recommendations to the President. The manner in which the committees and affected departments and interdisciplinary programs arrive at their recommendations is at their respective discretion.
Step 6. Following the hearings, The respective committees and affected departments and interdisciplinary programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If the President adopts the recommendations, the President will incorporate them into the final plan submitted to the Board of Trustees. If the President does not adopt the recommendations, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and affected departments and interdisciplinary programs. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation.
Step 7. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below.
Step 8. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken.
Priorities
In making recommendations and final decisions on individual faculty reductions in accordance with the Academic Program Review Process procedures above, the following sequence and criteria shall apply:
Sequence:
Consideration of faculty attrition resulting from resignation, retirement, or other severance actions.
Termination of Part-time and Visiting faculty positions within the affected department(s) or interdisciplinary program(s).
Termination of tenure-track and/or tenured positions within the affected department(s) or interdisciplinary program(s). The appointment of a faculty member with tenure within the same department or program will not be terminated in favor of retaining a full-time tenure-track faculty member, except in circumstances where a serious distortion of the department or interdisciplinary program would otherwise result.
Criteria:
The qualifications of faculty members as documented in official personnel files and as judged relative to the needs of the University and the potentially affected department or interdisciplinary program
Given relatively equal standing as determined in a above, seniority as determined by length of service at the University
Notification
Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal.
In all cases of termination of appointment because of financial contingency, full-time non-tenure faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1.
Appeals
If the administration issues notice to a tenure line faculty member of an intention to terminate the appointment because of financial contingency, the faculty member will have the right to file a grievance in accordance with Section 3.14.3.
Reassignment and Retraining
Before the President issues notice to a tenure line faculty member of the University’s intention to terminate an appointment because of a formal discontinuance of a department or interdisciplinary program, the University, subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), will consider the faculty member for suitable administrative or teaching position vacations within the University. See Section 3.13.5.1 below for additional information.
When a suitable position is not available within the University, with or without retraining, and the faculty member is not agreeable to any optional alternative courses of action (i.e., change in status to part-time), the faculty member’s appointment may be terminated.
Reinstatement Rights
In all cases of termination of appointment because of financial contingency, the place of the faculty member concerned will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.</s> |
<s>[INST] Removed Text- Termination of Appointment Due to Financial Exigency.txt [/INST] Termination of Appointment Due to Financial Exigency
Termination of an appointment with tenure, or of a tenure track, Professor of the Practice, or Visiting Faculty appointment before the end of the specified term, may occur under extraordinary circumstances because of a demonstrably bona fide financial exigency, i.e., a serious financial condition that threatens the academic integrity of the College as a whole and that cannot be alleviated by less drastic means. Academic programs reduced or eliminated for educational reasons (see Article IV, Section 8.2.3) shall not be included within the scope of this definition. Moreover, academic program reorganization shall not be included in this definition unless it results in the layoff of tenured faculty and is motivated by financial exigency.
Authority for declaring a state of financial exigency and the measures adopted to alleviate it rests with the Board of Trustees. The following standards and procedures to ensure faculty involvement in potential faculty terminations due to financial exigency shall apply:
Step 1: Formation of Joint Committee. In anticipation of a state of financial exigency that might result in faculty dismissals, the President shall call together a joint committee, comprising the Advisory Committee and the Educational Policy Committee (hereinafter referred to as the Joint Committee) which shall participate in the decision that a condition of financial exigency exists or is imminent, and that all feasible alternatives to termination of appointments have been pursued.
Step 2: The President Presents Case for Financial Exigency to Joint Committee. At the outset of the crisis, the President will present to the Joint Committee evidence of the financial condition of the College. The Joint Committee will review the evidence within the time prescribed by the President and transmit to the President and Board of Trustees either:
An endorsement of the President’s assessment of the situation; or
Its own assessment, explicitly stating its point(s) of disagreement with the President.
The Board shall not make a determination on financial exigency until it has received the report from the Joint Committee or the deadline prescribed by the President has elapsed. These proceedings and resulting document(s) shall be considered private and confidential unless both the President and the Joint Committee both agree to make all or portions of them public.
Step 3: President Presents Remedies to the Joint Committee. In the event that the Board of Trustees declares a state of financial exigency, the President shall as soon as possible from that declaration present to the Joint Committee a report on the administration’s plan, covering the full range of cost-saving measures it proposes and an estimate, with as much specificity as possible under the circumstances, of the anticipated savings to be achieved through possible program or faculty terminations, if any.
The Joint Committee shall review the administration’s plan and transmit to the Board on or before the deadline established by the Board either:
An endorsement of the administration’s plan; or
Its own assessment, explicitly stating its point(s) of disagreement with the plan.
These proceedings and resulting documents shall be considered confidential unless the President and the Joint Committee both agree to make all or portions of them public.
Step 4: Joint Committee Recommends Appointments to be Terminated. In the event that the Board of Trustees declares a state of financial exigency, the Joint Committee shall have primary responsibility for:
Recommending on the basis of educational policy (including affirmative action), where, within the overall academic program, termination of faculty appointments should occur; and
Determining the criteria for identifying the individuals whose faculty appointments are to be terminated. These criteria may appropriately include considerations of age and length of service.
The Joint Committee shall recommend to the Provost and the President the individuals whose appointments are to be terminated. If the recommendations of the Joint Committee are accepted and approved by the Board of Trustees, the President will issue notice of termination to the affected faculty members. If the recommendations are not approved by the Board of Trustees, the President will review with the Joint Committee the reasons for rejecting the Joint Committee’s recommendations and the basis for any other proposed action.
The President shall propose to the Joint Committee the individuals whose appointments are to be terminated, utilizing the criteria established by the Joint Committee. The Joint Committee, after consultation with any affected academic department or program, will respond with recommendations to the President, including but not limited to any other cost-saving options that may be available short of faculty terminations. If the Joint Committee does not respond within the time prescribed by the Board, the President will be entitled to act. If the Joint Committee does respond, the President will consider the committee’s recommendation before taking further action. If the recommendations are not approved by the Board of Trustees, the President will review with the Joint Committee the reasons for rejecting the Joint Committee’s recommendations and the basis for any other proposed action.
Additional Guidelines
When the elimination of faculty positions due to a state of financial exigency is considered, tenure rights and tenured appointments will be protected insofar as possible and the following standards will apply:
Where possible, any necessary reductions in force will be achieved through normal attrition (e.g., resignations, retirements, non-reappointments).
New Appointments: If the College, because of financial exigency, terminates appointments, it will not at the same time make new appointments or initiate new academic programs or departments, except in extraordinary circumstances where a serious distortion in the academic program or exacerbation of the College’s financial problems would otherwise result.
Order of Termination: The appointment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program would otherwise result.
Transfer Eligibility: Before terminating an appointment because of financial exigency, the Provost, with faculty participation, will make every effort to place the faculty member concerned in another suitable position within the College for which the faculty member is qualified. When, in the opinion of the Provost, placement within the College is not a viable alternative, the College will assist the tenured faculty member in finding outside employment. The final decision on reassignment is within the discretion of the Provost.
Notice: In all cases of termination of appointment because of financial exigency, the faculty member concerned will be given notice or severance salary not less than as prescribed in Article II, Subsection 2.2.2.
Commitment to Reinstate: In all cases of termination of appointment because of financial exigency, the faculty member’s position will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reinstatement and a reasonable time in which to accept or decline it.
Appeals
If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to a full hearing before the Appeals and Hearing Committee.
The filing of an appeal to the Appeals and Hearing Committee must be submitted in writing by the faculty member with the Office of the College Provost no later than fifteen business days from the receipt of notice of reassignment or termination and address one or more of the issues set forth below (i.e., extent of exigency, validity of judgement, application of criteria). A faculty member who does not request a hearing in writing within the indicated time forfeits the right to a hearing.
The Appeals and Hearing Committee, which will be constituted in the manner prescribed in Article IV, Section 9.1 of the "Review and Appeals Procedures for Certain Faculty Grievances”, shall address the matter within 15 business days, giving both the faculty member and administration a full opportunity to present their respective cases. By mutual agreement of the Chair of the Appeals and Hearing Committee and the President (or the President’s designee), more than one case may be heard simultaneously.
The issues in this hearing are limited to:
Extent of Exigency: The existence and extent of the condition of financial exigency. The burden will rest on the administration to prove the existence and extent of the condition. The findings of the Joint Committee may be introduced. Moreover, the findings of the Appeals and Hearing Committee in a previous proceeding involving the same issue may be introduced.
Validity of Judgments: The educational judgments and the criteria for identification for termination; but the recommendations of the Joint Committee on these matters will be considered presumptively valid.
Application of Criteria: Proper application of the Board approved criteria in the individual case.
The hearing will be conducted according to standard Appeals and Hearing Committee procedures.
Termination of Appointment Due to Program Discontinuation
Termination of an appointment with tenure, or of a tenure track, Professor of the Practice, or Visiting Faculty appointment before the end of the specified term may occur as a result of a bona fide formal discontinuance of a program or department of instruction.
The following standards and procedures will apply:
The decision to discontinue formally a program or department of instruction will be based essentially upon educational considerations, as determined primarily by the faculty as a whole after consideration by the Joint Committee.
For this purpose, educational considerations do not include temporary variations in enrollment. They must reflect long-range judgments that the educational mission of the College as a whole will be enhanced by the discontinuance.
The decision to discontinue an academic program or department of instruction will be based on educational considerations related to the mission of the College. The decision must reflect long-range judgements that the educational mission of the College as whole will be enhanced by the discontinuance. Such a decision will not be based upon cyclical or temporary variations in enrollment; however, it may legitimately include financial considerations.
Those involved in making a decision to discontinue an academic program or department will consider advice from the concerned program or department on the short- and long-term implications of any proposed course of action. Since these are areas in which the faculty has a significant interest and responsibility, the faculty as a whole after consideration by the Joint Committee will participate in the decision. However, final administrative authority concerning the levels of staffing of academic programs and departments rests with the President; final authority to approve or modify an academic program or department rests with the Board of Trustees.
The decision-making process set forth above will routinely follow the steps below:
Such an action may be proposed by a standing faculty committee, by the Provost, the President, or the Board of Trustees.
Upon receipt of a proposed action, the President shall call together a joint committee, comprising the Advisory Committee and the Educational Policy Committee (hereinafter referred to as the Joint Committee), which shall evaluate the proposal considering criteria used in the normal, periodic review of academic programs and departments. As part of the evaluation, the Joint Committee will consult with the faculty of the impacted program or department.
The recommendations of the Joint Committee concerning discontinuance of an academic program or department will be reported to the Faculty for review.
The Faculty shall make a final recommendation on the matter to the Provost.
In the event the Provost disagrees with that recommendation, the Provost shall meet with the Faculty to discuss the reasons for such disagreement, before making a final recommendation on the matter to the President.
The Provost will then communicate a final decision and the reasons therefore in writing to the Faculty.
Having considered the recommendations above and considered the vote of the Faculty, the Provost will make a final written recommendation to the President on the matter. If the Provost disagreed with the Faculty’s recommendation, the Provost will communicate the reasons therefore in the written recommendation to the President.
The President will then refer the above recommendations, along with the President’s independent recommendation, to the Board of Trustees for final action.
Additional Guidelines
Transfer Eligibility: Before the administration issues notice to a full-time faculty member of its intention to terminate an appointment because of formal discontinuance of a program or department of instruction, the Provost, in consultation with the potential receiving academic department/program ,will make every effort to place the faculty member concerned in another suitable position within the College for which the faculty member is qualified. When, in the opinion of the Provost, placement within the College is not a viable alternative, the College will assist the faculty member in finding outside employment. The final decision on reassignment is within the discretion of the Provost.
Retraining: If consultation with a receiving academic department/program can establish placement in another position would be facilitated by a reasonable period of training, financial and other support for such training will be offered at the request of the faculty member. Assistance may include, but need not be limited to, granting a paid leave for retraining or participation in other faculty development programs. If retraining is approved by the President, it will normally not exceed one (1) calendar year. If, in the judgement of the Provost, no position is available within the College with or without retraining, the faculty member’s appointment then may be terminated, but only with provision for notice not less than as prescribed in Article II, Section 2.2.2 or severance salary in lieu of notice equitably adjusted to the faculty member’s length of past and potential service.
Subject to the foregoing, the Board of Trustees shall have final authority for termination of appointments by the College.</s> |
<s>[INST] Removed- Review and Allocation of New Programs and New Faculty Positions.txt [/INST] Review and Allocation of New Programs and New Faculty Positions
The addition of new programs and associated faculty positions may be proposed to meet the strategic needs and goals of the University. Proposals for new programs and positions may come from faculty, departments, committees, task forces, or the administration. In each case, mission, program quality, market and cost-effectiveness should be assessed, using internal and external data as evidence. Such proposals may be submitted at any time during the academic year.
Proposals should follow the format set forth by the Provost and be submitted to the Provost for distribution to relevant faculty committees who will assess the programs according to committee purview. Relevant committees include APAC, CAP, ECF, FPC and UGC who will each delineate procedures for assessing and ensuring the success of all new programs. Ad-hoc committees may be created and tasked with new program development, and will be involved throughout the process as appropriate. Committee recommendations on proposals will be sent to the Provost who will review and forward the recommendations to the President. If the Provost disagrees with the faculty committee recommendations, consultation with the committees should resolve differences before forwarding recommendations to the President. The President will make the final recommendation on the new Programs and positions to the Board of Trustees.
If new programs and faculty positions are provisional, the process for review and conversion of the programs and faculty positions will follow the procedures outlined for such provisional new programs and positions as developed by t and the Provost. Provisional new programs should be, by faculty vote, added to the curriculum or eliminated within a timeframe established by the Provost, relevant committees and in consultation with the new program.
Provisional faculty positions may take different forms, including one-year faculty positions, multiple-year faculty positions, or tenure-line positions subject to provisional or scheduled review. Provisional positions are not included in the maximum count of faculty positions as determined by the Board of Trustees and President.
Provisional faculty positions should be evaluated with the new programs they are associated with, in the evaluation timeframe established by the Provost, relevant committees and in consultation with the new program . Assessment and conversion of provisional faculty positions to tenure-track faculty positions can happen at any time and will then be included in the maximum count of faculty positions as determined by the Board of Trustees and President.
Review and Allocation of New Programs and New Faculty Positions
The addition of new programs and associated faculty positions may be proposed to meet the strategic needs and goals of the University. Proposals for new programs and positions may come from faculty, departments, committees, task forces, or the administration. In each case, mission, program quality, market and cost-effectiveness should be assessed, using internal and external data as evidence. Such proposals may be submitted at any time during the academic year.
Proposals should follow the format set forth by the Provost and be submitted to the Provost for distribution to relevant faculty committees who will assess the programs according to committee purview. Relevant committees include APAC, CAP, ECF, FPC and UGC who will each delineate procedures for assessing and ensuring the success of all new programs. Committee recommendations on proposals will be sent to the Provost who will review and forward the recommendations to the President. If the Provost disagrees with the faculty committee recommendations, consultation with the committees should resolve differences before forwarding recommendations to the President. The President will make the final recommendation on the new Programs and positions to the Board of Trustees.
If new programs and faculty positions are provisional, the process for review and conversion of the programs and faculty positions will follow the procedures outlined for such provisional new programs and positions as developed by APAC, CAP, ECF, FPC, UGC and the Provost. Provisional new programs should be either eliminated or voted on by faculty within three years of being established.
Provisional faculty positions may take different forms, including one-year faculty positions, renewable for three years, or tenure-line positions subject to provisional or scheduled review. Provisional positions are not included in the maximum count of faculty positions as determined by the Board of Trustees and President.
Provisional faculty positions should be evaluated with the new programs they are associated with, no longer than three years after being established. Assessment and conversion of provisional faculty positions to tenure-track faculty positions can happen at any time and will then be included in the maximum count of faculty positions as determined by the Board of Trustees and President.</s> |
<s>[INST] Reportable Business Relationship Policy.txt [/INST] REPORTABLE BUSINESS RELATIONSHIPS POLICY
Effective Date:
[TBD]
Policy Number:
III – 3.3.25
Supersedes:
Not Applicable.
Issuing Authority:
President
Responsible Officer:
Associate Vice President, Human Resources & Compliance
Applicability:
All Canisius College employees who are “State Persons” as defined by New York’s Public Integrity Reform Act, as well as the college’s trustees and officers.
History:
REPORTABLE BUSINESS RELATIONSHIPS
PURPOSE
The purpose of this policy is to comply with New York’s Public Integrity Reform Act, which requires the college to publicly disclose Reportable Business Relationships with State Persons.
APPLICABILITY
All Dominican College employees who are “State Persons” as defined by New York’s Public Integrity Reform Act, as well as the College’s trustees and officers.
POLICY
It is the policy of Canisius College to comply with New York’s Public Integrity Reform Act (hereinafter “Act”), which requires the college, as both a registered lobbyist and a client of a lobbying firm(s), to publicly disclose information about Business Relationships with State Persons, regardless of when the relationship commenced, if the criteria for a Reportable Business Relationship exists (see Definitions).
Moreover, as required by the Act, it is also the policy of the college to report each Reportable Business Relationship of all its High-Level Individuals (i.e., college trustees and officers). This includes Reportable Business Relationships entered into by a High-Level Individual in his or her personal capacity, as well as Reportable Business Relationships entered into by another entity at the direction or request of the High-Level Individual.
In the higher education setting, the types of relationships described above most often arise in the context of the college employing a State Person (e.g., as an adjunct faculty member or staff employee) or from transactions between the college or one of its trustees or officers and outside businesses in which a State Person may be a partner or shareholder (e.g., law, accounting, or engineering firms).
DEFINITIONS
Aggregation: if the college has multiple Relationships with the same State Person, the same entity or entities in which a State Person has the Requisite Involvement, then the value of the Compensation paid for goods, services or anything of value relating to such Relationships must be aggregated. If the aggregated value of such Compensation is more than $1,000 annually (within 12 consecutive months), then each relationship is a Reportable Business Relationship (assuming all other criteria are satisfied).
Compensation: any salary, fee, gift, payment, benefit, loan, advance or any other thing of value. It does not include: commercially available consumer and business loans or lines of credit as available to the general public; goods and services and discounts available to the general public; dividends or payments related to stock purchases; or contributions reportable under Article 14 of the New York State Election Law.
High Level Individuals: at Canisius College, the trustees of the college’s governing board, the president, the provost, and other vice presidents are High-Level Individuals.
Intended to be Performed or Provided: the goods, services or anything of value have not yet been performed or provided, but the college reasonably anticipates such goods, services, or value to be performed or provided in the future.
Performed or Provided: State Person or an entity in which the State Person has the Requisite Involvement either (i) actually performed or provided the goods, services or anything of value, or (ii) had a significant, but not necessarily exclusive or primary role, in performing or providing the goods, services or anything of value.
Reason to Know: whether the college has “reason to know” that (i) an individual is a State Person, or (ii) a State Person has the Requisite Involvement with an entity, is based on an examination of the totality of the facts and circumstances. If a reasonable person, looking at all the facts and circumstances, would conclude that the college should know that an individual is a State Person or that a State Person has the Requisite Involvement with the relevant entity, then the “reason to know” standard has been satisfied. Some, but not all, factors that may be considered in this analysis are: Origins of the relationship between the parties; Length of such relationship; The type and actual value of the goods, services or items provided; and/or Whether the fact that the individual is a State Person or the Requisite Involvement of the State Person with the entity at issue is generally known to the public. The college will be deemed to have had reason to know if the lack of knowledge results from willfully ignoring information that would lead a reasonable person to: conclude that the individual was a State Person, or that a State Person had the Requisite Involvement, or, undertake further research to determine whether either fact exists.
Reportable Business Relationship: a relationship, regardless of when the relationship commenced, in which a formal or informal agreement or understanding exists in which Canisius College or a High-Level Individual of the college pays, has paid or promises Compensation to:
An individual whom the college knows or has reason to know is a State Person;
A non-governmental entity for which the college knows or has reason to know that the State Person is a proprietor, partner, director, officer or manager of a non-governmental entity, or owns or controls 10% or more of the stock of such entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange) (These roles and positions are referred to as the “Requisite Involvement.”); or,
A third-party as directed by the State Person or as directed by the entity in which the State Person has the Requisite Involvement;
and
The payment or promise of Compensation is or was in exchange for goods, services or anything of value, the total value of which exceeds $1,000 annually, either performed or provided or intended to be performed or provided by the State Person or an entity in which the State Person has the Requisite Involvement.
Exclusions: A Relationship in which the college or High-Level Individual provides Compensation to a State Person or an entity in which the State Person has Requisite Involvement that relate to the following are excluded from reporting requirements: Medical, dental and mental health services and treatment; and legal services with respect to: investigation or prosecution by law enforcement authorities; bankruptcy; and domestic relations matters.
Requisite Involvement in an Entity: when a State Person is a proprietor, partner, director, officer, or manager of a non-governmental entity, or owns or controls 10% or more of the stock of a non-governmental entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange).
State Person: individuals who are (i) statewide elected officials; (ii) members of the legislature or legislative employees; (iii) heads of State departments and their deputies and assistants, other than members of the board of regents of the university of the State of New York who receive no compensation or are compensated on a per diem basis; (iv) officers and employees of statewide elected officials; (v) officers and employees of State departments, boards, bureaus, divisions, commissions, councils, or other State agencies; and (vi) employees of public authorities (other than multi-state authorities), public benefit corporations and commissions at least one of whose members is appointed by the governor, and members or directors of such authorities, corporations, and commissions who are compensated other than on a per diem basis.
$1,000 Threshold: a Relationship whose total aggregated value of Compensation paid to the State Person or an entity in which the State Person has the Requisite Involvement exceeds $1,000 annually (within 12 consecutive months). Such threshold is met once more than $1,000 in Compensation is paid or owed to such State Person or entity for services Performed or Provided or Intended to be Performed or Provided.
POLICY AND PROCEDURES
I. Reporting to the College
In order for the college to comply with the Act, Canisius College requires that all full-time or part-time college employees who are also employed by the State of New York report their State Person status in writing or via email to the Canisius College Human Resources Office. Such reporting must occur at the time of securing State Person status, regardless of whether the outside employment activity is performed during non-college working hours. In addition, Human Resources will send an email notice to all college employees requesting disclosure of State Person status prior to the college’s semi-annual reporting deadline to the New York State Joint Commission on Public Ethics.
In addition, all college trustees and officers are required to immediately disclose Reportable Business Relationships with State Persons to the secretary of the Board of Trustees, as well as complete the Reportable Business Questionnaire (see Appendix) on a semi-annual basis. The college uses, and relies upon in good faith, responses to the questionnaire to determine whether such persons have business relationships that must be reported to the New York State Joint Commission on Public Ethics.
II. Reporting to the New York State Joint Commission on Public Ethics
[Human Resources or the Secretary of the Board of Trustees as applicable] will complete a Reportable Business Relationship Form and submit it to the New York State Joint Commission on Public Ethics within 10 (ten) days of being notified of the Reportable Business Relationship’s existence. For ongoing Reportable Business Relationships, [Human Resources or the secretary of the Board of Trustees as applicable] will disclose the relationship on a Reportable Business Relationship Form filed with the college’s Statements of Registration and/or Semi-Annual Reports covering periods in which the Reportable Business Relationship is in existence.
For each Reportable Business Relationship, the following information within the Reportable Business Relationship Form will be provided:
The name and public office address of the State Person or entity with which the State Person has the Requisite Involvement;
A description of the general subject or subjects of the transactions between the college and/or High-Level Individual and the State Person (or the entity with which the State Person has the Requisite Involvement); and
The actual or anticipated amount of Compensation, including reimbursable Expenses, to be paid and paid to the State Person (or entity with which the State Person has the Requisite Involvement) by virtue of the business relationship.
When multiple Relationships exist with the same State Person, the same entity, or entities in which a State Person has the Requisite Involvement, then the value of the Compensation paid for goods, services, or anything of value relating to such relationships will be aggregated. If the aggregated value of such Compensation is more than $1,000 annually (within 12 consecutive months), then each relationship is a Reportable Business Relationship (assuming all other criteria are satisfied).
RELATED POLICIES
Policy No. - : Lobbying Activities
QUESTIONNAIRE – REPORTABLE BUSINESS RELATIONSHIP
This questionnaire is being sent to all Canisius College board members, officers, officers, directors or High-Level Individuals pursuant to the Reportable Business Relationship Policy. Such members of the college community are subject to certain disclosure requirements if they have a Reportable Business Relationship with a State Person.
To assist the college in determining whether a Reportable Business Relationship exits that requires the college to file a report with the New York State Joint Commission on Public Ethics, we request that you answer the following questions. Please complete, attach any requested additional detailed information, sign the acknowledgment below, and return this questionnaire to the Secretary of the Board of Trustees.
For purposes of this questionnaire, please refer to the following definitions and the definitions set forth in the Reportable Business Relationship Policy:
Name: _____________________________________
Title: _____________________________________
Address: _____________________________________
1. Do you currently have any business relationships in which you purchased or will purchase goods or services valued at more than $1,000 annually from a person or entity located within the State of New York?
Yes: ____ No: ____
If “Yes,” go to Question #2. If “No,” sign and date the form.
NOTE: Reportable Business Relationships include formal and informal relationships that may or may not be based on written contracts.
The value of any outstanding Compensation owed as well the value of goods or services to be performed must be considered when determining if the $1,000 threshold is met.
2. Do the services you are purchasing fall into one or more of the following categories:
Treatments for medical, dental, and mental health services;
Legal services with respect to: investigation or prosecution by law enforcement; bankruptcy; domestic relations.
Yes: ____ No: ____
If “Yes,” go to Question #3. If “No,” sign and date the form.
3. (a) If the business relationship is with a person, is that individual a New York State employee or a New York State elected official?
Yes: ____ No: ____ Not that I am aware of: ____
NOTE: The answer “Not that I am aware of” is only appropriate when, based on the totality of the circumstances, the person signing this form does not have a “reason to know” that the business relationship is with a New York State employee or a New York State elected official.
3.(b) If the business relationship is with an entity, is a New York State employee or a New York State elected official a proprietor, partner, director, officer, or manager of the entity?
Yes: ____ No: ____ Not that I am aware of: ___
NOTE: The answer “Not that I am aware of” is only appropriate when, based on the totality of the circumstances, the person signing this form does not have a “reason to know” that the business relationship is with an entity in which a New York State employee or a New York State elected official is the proprietor, partner, director, officer, or manager.
3. (c) If the business relationship is with an entity, does a New York State employee or a New York State elected official own or control 10% or more of the stock of the entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange)?
Yes: ____ No: ____ Not that I am aware of: ____
NOTE: The answer “Not that I am aware of” is only appropriate when, based on the totality of the circumstances, the person signing this form does not have a “reason to know” that the business relationship is with an entity in which a New York State employee or a New York State elected official owns or controls 10% or more of the stock of the entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange).
I attest and affirm that the foregoing information is, to the best of my knowledge, true and accurate.
_____________________________________________________________________________
Name Date</s> |
<s>[INST] Reportable Business Relationships Policy.txt [/INST] REPORTABLE BUSINESS RELATIONSHIPS POLICY
Effective Date:
[TBD]
Policy Number:
III – 3.3.25
Supersedes:
Not Applicable.
Issuing Authority:
President
Responsible Officer:
Associate Vice President, Human Resources & Compliance
Applicability:
All Canisius College employees who are “State Persons” as defined by New York’s Public Integrity Reform Act, as well as the college’s trustees and officers.
History:
PURPOSE
The purpose of this policy is to comply with New York’s Public Integrity Reform Act, which requires the college to publicly disclose Reportable Business Relationships with State Persons.
POLICY
It is the policy of Canisius College to comply with New York’s Public Integrity Reform Act (hereinafter “Act”), which requires the college, as both a registered lobbyist and a client of a lobbying firm(s), to publicly disclose information about Business Relationships with State Persons, regardless of when the relationship commenced, if the criteria for a Reportable Business Relationship exists (see Definitions).
Moreover, as required by the Act, it is also the policy of the college to report each Reportable Business Relationship of all its High-Level Individuals (i.e., college trustees and officers). This includes Reportable Business Relationships entered into by a High-Level Individual in his or her personal capacity, as well as Reportable Business Relationships entered into by another entity at the direction or request of the High-Level Individual.
In the higher education setting, the types of relationships described above most often arise in the context of the college employing a State Person (e.g., as an adjunct faculty member or staff employee) or from transactions between the college or one of its trustees or officers and outside businesses in which a State Person may be a partner or shareholder (e.g., law, accounting, or engineering firms).
DEFINITIONS
Aggregationif the college has multiple Relationships with the same State Person, the same entity or entities in which a State Person has the Requisite Involvement, then the value of the Compensation paid for goods, services or anything of value relating to such Relationships must be aggregated. If the aggregated value of such Compensation is more than $1,000 annually (within 12 consecutive months), then each relationship is a Reportable Business Relationship (assuming all other criteria are satisfied).
Compensationany salary, fee, gift, payment, benefit, loan, advance or any other thing of value. It does not include: commercially available consumer and business loans or lines of credit as available to the general public; goods and services and discounts available to the general public; dividends or payments related to stock purchases; or contributions reportable under Article 14 of the New York State Election Law.
High Level Individualsat Canisius College, the trustees of the college’s governing board, the president, the provost, and other vice presidents are High-Level Individuals.
Intended to be Performed or Providedthe goods, services or anything of value have not yet been performed or provided, but the college reasonably anticipates such goods, services, or value to be performed or provided in the future.
Performed or ProvidedState Person or an entity in which the State Person has the Requisite Involvement either (i) actually performed or provided the goods, services or anything of value, or (ii) had a significant, but not necessarily exclusive or primary role, in performing or providing the goods, services or anything of value.
Reason to Knowwhether the college has “reason to know” that (i) an individual is a State Person, or (ii) a State Person has the Requisite Involvement with an entity, is based on an examination of the totality of the facts and circumstances. If a reasonable person, looking at all the facts and circumstances, would conclude that the college should know that an individual is a State Person or that a State Person has the Requisite Involvement with the relevant entity, then the “reason to know” standard has been satisfied. Some, but not all, factors that may be considered in this analysis are: Origins of the relationship between the parties; Length of such relationship; The type and actual value of the goods, services or items provided; and/or Whether the fact that the individual is a State Person or the Requisite Involvement of the State Person with the entity at issue is generally known to the public. The college will be deemed to have had reason to know if the lack of knowledge results from willfully ignoring information that would lead a reasonable person to: conclude that the individual was a State Person, or that a State Person had the Requisite Involvement, or, undertake further research to determine whether either fact exists.
Reportable Business Relationshipa relationship, regardless of when the relationship commenced, in which a formal or informal agreement or understanding exists in which Canisius College or a High-Level Individual of the college pays, has paid or promises Compensation to:
An individual whom the college knows or has reason to know is a State Person;
A non-governmental entity for which the college knows or has reason to know that the State Person is a proprietor, partner, director, officer or manager of a non-governmental entity, or owns or controls 10% or more of the stock of such entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange) (These roles and positions are referred to as the “Requisite Involvement.”); or,
A third-party as directed by the State Person or as directed by the entity in which the State Person has the Requisite Involvement;
and
The payment or promise of Compensation is or was in exchange for goods, services or anything of value, the total value of which exceeds $1,000 annually, either performed or provided or intended to be performed or provided by the State Person or an entity in which the State Person has the Requisite Involvement.
Exclusions: A Relationship in which the college or High-Level Individual provides Compensation to a State Person or an entity in which the State Person has Requisite Involvement that relate to the following are excluded from reporting requirements: Medical, dental and mental health services and treatment; and legal services with respect to: investigation or prosecution by law enforcement authorities; bankruptcy; and domestic relations matters.
Requisite Involvement in an Entitywhen a State Person is a proprietor, partner, director, officer, or manager of a non-governmental entity, or owns or controls 10% or more of the stock of a non-governmental entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange).
State Personindividuals who are (i) statewide elected officials; (ii) members of the legislature or legislative employees; (iii) heads of State departments and their deputies and assistants, other than members of the board of regents of the university of the State of New York who receive no compensation or are compensated on a per diem basis; (iv) officers and employees of statewide elected officials; (v) officers and employees of State departments, boards, bureaus, divisions, commissions, councils, or other State agencies; and (vi) employees of public authorities (other than multi-state authorities), public benefit corporations and commissions at least one of whose members is appointed by the governor, and members or directors of such authorities, corporations, and commissions who are compensated other than on a per diem basis.
$1,000 Threshold a Relationship whose total aggregated value of Compensation paid to the State Person or an entity in which the State Person has the Requisite Involvement exceeds $1,000 annually (within 12 consecutive months). Such threshold is met once more than $1,000 in Compensation is paid or owed to such State Person or entity for services Performed or Provided or Intended to be Performed or Provided.
PROCEDURES/GUIDELINES
I. Reporting to the College
In order for the college to comply with the Act, Canisius College requires that all full-time or part-time college employees who are also employed by the State of New York report their State Person status in writing or via email to the Canisius College Human Resources Office. Such reporting must occur at the time of securing State Person status, regardless of whether the outside employment activity is performed during non-college working hours. In addition, Human Resources will send an email notice to all college employees requesting disclosure of State Person status prior to the college’s semi-annual reporting deadline to the New York State Joint Commission on Public Ethics.
In addition, all college trustees and officers are required to immediately disclose Reportable Business Relationships with State Persons to the secretary of the Board of Trustees, as well as complete the Reportable Business Questionnaire (see Appendix) on a semi-annual basis. The college uses, and relies upon in good faith, responses to the questionnaire to determine whether such persons have business relationships that must be reported to the New York State Joint Commission on Public Ethics.
II. Reporting to the New York State Joint Commission on Public Ethics
[Human Resources or the Secretary of the Board of Trustees as applicable] will complete a Reportable Business Relationship Form and submit it to the New York State Joint Commission on Public Ethics within 10 (ten) days of being notified of the Reportable Business Relationship’s existence. For ongoing Reportable Business Relationships, [Human Resources or the secretary of the Board of Trustees as applicable] will disclose the relationship on a Reportable Business Relationship Form filed with the college’s Statements of Registration and/or Semi-Annual Reports covering periods in which the Reportable Business Relationship is in existence.
For each Reportable Business Relationship, the following information within the Reportable Business Relationship Form will be provided:
The name and public office address of the State Person or entity with which the State Person has the Requisite Involvement;
A description of the general subject or subjects of the transactions between the college and/or High-Level Individual and the State Person (or the entity with which the State Person has the Requisite Involvement); and
The actual or anticipated amount of Compensation, including reimbursable Expenses, to be paid and paid to the State Person (or entity with which the State Person has the Requisite Involvement) by virtue of the business relationship.
When multiple Relationships exist with the same State Person, the same entity, or entities in which a State Person has the Requisite Involvement, then the value of the Compensation paid for goods, services, or anything of value relating to such relationships will be aggregated. If the aggregated value of such Compensation is more than $1,000 annually (within 12 consecutive months), then each relationship is an Reportable Business Relationship (assuming all other criteria are satisfied).
RELATED POLICIES
Outside Activities (Faculty) Policy
Outside Activities (Staff) Policy
QUESTIONNAIRE – REPORTABLE BUSINESS RELATIONSHIP
This questionnaire is being sent to all Canisius College board members, officers, officers, directors or High-Level Individuals pursuant to the Reportable Business Relationship Policy. Such members of the college community are subject to certain disclosure requirements if they have a Reportable Business Relationship with a State Person.
To assist the college in determining whether a Reportable Business Relationship exits that requires the college to file a report with the New York State Joint Commission on Public Ethics, we request that you answer the following questions. Please complete, attach any requested additional detailed information, sign the acknowledgment below, and return this questionnaire to the Secretary of the Board of Trustees.
For purposes of this questionnaire, please refer to the following definitions and the definitions set forth in the Reportable Business Relationship Policy:
Name: _____________________________________
Title: _____________________________________
Address: _____________________________________
1. Do you currently have any business relationships in which you purchased or will purchase goods or services valued at more than $1,000 annually from a person or entity located within the State of New York?
Yes: ____ No: ____
If “Yes,” go to Question #2. If “No,” sign and date the form.
NOTE: Reportable Business Relationships include formal and informal relationships that may or may not be based on written contracts.
The value of any outstanding Compensation owed as well the value of goods or services to be performed must be considered when determining if the $1,000 threshold is met.
2. Do the services you are purchasing fall into one or more of the following categories:
Treatments for medical, dental, and mental health services;
Legal services with respect to: investigation or prosecution by law enforcement; bankruptcy; domestic relations.
Yes: ____ No: ____
If “Yes,” go to Question #3. If “No,” sign and date the form.
3. (a) If the business relationship is with a person, is that individual a New York State employee or a New York State elected official?
Yes: ____ No: ____ Not that I am aware of: ____
NOTE: The answer “Not that I am aware of” is only appropriate when, based on the totality of the circumstances, the person signing this form does not have a “reason to know” that the business relationship is with a New York State employee or a New York State elected official.
3.(b) If the business relationship is with an entity, is a New York State employee or a New York State elected official a proprietor, partner, director, officer, or manager of the entity?
Yes: ____ No: ____ Not that I am aware of: ___
NOTE: The answer “Not that I am aware of” is only appropriate when, based on the totality of the circumstances, the person signing this form does not have a “reason to know” that the business relationship is with an entity in which a New York State employee or a New York State elected official is the proprietor, partner, director, officer, or manager.
3. (c) If the business relationship is with an entity, does a New York State employee or a New York State elected official own or control 10% or more of the stock of the entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange)?
Yes: ____ No: ____ Not that I am aware of: ____
NOTE: The answer “Not that I am aware of” is only appropriate when, based on the totality of the circumstances, the person signing this form does not have a “reason to know” that the business relationship is with an entity in which a New York State employee or a New York State elected official owns or controls 10% or more of the stock of the entity (or 1% in the case of a corporation whose stock is regularly traded on an established securities exchange).
I attest and affirm that the foregoing information is, to the best of my knowledge, true and accurate.
_____________________________________________________________________________
Name Date</s> |
<s>[INST] Reporting of Financial Responsibility Actions.txt [/INST] Reporting of Financial Responsibility Actions
Policy Number: -- 8.3.10
Responsible Individual: --
Policy Effective Date:--
Month DD, YYYY
Next Review Date: --
Month DD, YYYY
REPORTING OF FINANCIAL RESPONSIBILITY ACTIONS
PURPOSE
The purpose of this policy is to comply with the financial responsibility regulations found at 34 CFR 668.721, as augmented by the Borrower’s Defense Rule. Under this rule, the financial responsibility regulations found at 34 CFR 668.171 have been augmented to require all institutions of higher education to report a wide range of events to the Department of Education.
APPLICABILITY
Financial Affairs and Financial Aid offices.
POLICY STATEMENT
Pursuant to the “Borrower’s Defense Rule” (“BDR”), the financial responsibility regulations found at 34 CFR 668.171 have been augmented to require all institutions of higher education to report a wide range of events to the Department of Education (“ED”).
In compliance with the BDR, it is the policy of Dominican College to notify the ED of the events set forth in the following tables. It is the responsibility of Fiscal Services, with the assistance of Financial Aid, to report the such events to the ED. Failure to report in compliance with the rule may result in the ED taking administrative action against the College, to include the initiation of a proceeding to fine, limit, suspend, or terminate Dominican's participation in federal financial aid programs.
DEFINITIONS
Not Applicable.
POLICY AND PROCEDURES
Submission of Arbitral and Judicial Records
Reportable Events
Reporting Time Frame
Citations (34 CFR)
Judicial Records. Institutions must submit a copy of the following records to ED for any claim concerning a borrower defense claim filed in a lawsuit by the school against the student or by any party, including a government agency, against the school: the complaint and any counterclaim; any dispositive motion filed by a party to the suit; and the ruling on any dispositive motion and the judgment issued by the court.
Submit judicial records within 30 days of filing or receipt, as applicable, of the complaint, answer, or dispositive motion, and within 30 days of receipt of any ruling on a dispositive motion or a final judgment
685.300(h); 2019 Guidance.
Arbitral Records. Institutions must submit a copy of the following records to ED for any claim filed in arbitration by or against the school concerning a borrower defense claim: The initial claim and any counterclaim; The arbitration agreement filed with the arbitrator or arbitration administrator; The judgment or award, if any, issued by the arbitrator or arbitration administrator; If an arbitrator refuses to administer or dismisses a claim due to the school’s failure to pay required fees, any communication the school receives from the arbitrator related to such a refusal; and Any communication the school receives from an arbitrator that a pre dispute arbitration agreement regarding educational services provided by the school does not comply with the administrator’s fairness principles, rules or
similar requirements.
Submit arbitral records within 60 days of filing by the school of any such record with the arbitrator and within 60 days of receipt by the school of any such record filed or sent by someone other than the school, such as the arbitrator or the student.
685.300(g); 2019 Guidance
III. Notification Procedures
Financial Affairs will transmit notifications to the ED as follows:
Notifications of Financial Responsibility: Notifications of financial responsibility actions, events, or conditions will be sent to [email protected].
Submission of Arbitral and Judicial Records: Arbitral and judicial records swill be sent to [email protected].
At the discretion of Financial Affairs, when reporting financial responsibility actions to the ED, the College may also include an explanation showing that:
The matter has been resolved and no longer poses a risk.
The institution has insurance that will cover all or part of the liabilities that might arise from the event.
For suits by a federal or state agency, the amount claimed is too high and exceeds the potential recovery.
The creditor has waived the violation of a loan agreement, with details on any other penalties or requirements the creditor imposed.
RELATED POLICIES
TBD
HISTORY
Date
Summarize Change
FORMS
Not Applicable.
APPENDIX
Not Applicable.</s> |
<s>[INST] Reproductive HC.txt [/INST] 2.1.17 Reproductive Health Care Decisions Policy
REPRODUCTIVE HEALTH CARE DECISIONS POLICY
Effective Date:
December 18, 2019
Policy Number:
II-2.1.17
Supersedes:
Issuing Authority:
President
Responsible Officer:
Associate Vice President for Human Resources & Compliance
Applicability:
All members of the Canisius College community.
History:
PURPOSE
The purpose of this policy is to comply with Section 203-e of the New York Labor Law.
POLICY
It is the policy of Canisius College to act in accordance with the requirements of Section 203-e of the New York Labor Law.
Reproductive Health Care Decisions
Section 203-e of the New York Labor Law prohibits employers from discriminating against employees based on an employee’s or a dependent’s reproductive health decision making and accessing such information regarding an employee or an employee’s dependents without the employee’s prior informed affirmative written consent. The law also prohibits employers from requiring employees to sign a waiver or other document which purports to deny an employee the right to make their own reproductive health care decisions. Reproductive health care decisions include, but are not limited to, the decision to use or access a particular drug, device or medical services.
Section 203-e also prohibits retaliation against employees because of the reproductive health care decisions of an employee or his or her dependents and for an employee making or threatening to make a complaint to Canisius College, a co-worker or a public body that rights guaranteed under the law have been violated, causing to be instituted any proceeding under or related to the law, or providing information to, or testifying before, any public body conducting an investigation, hearing or inquiry into an alleged violation of the law or any of its rules and regulations. Employees may bring a civil action in court of competent jurisdiction for any alleged violation of Section 203-e and if a violation is found to have occurred the court may award damages, injunctive relief, reinstatement and/or liquidated damages.
DEFINITIONS
Reproductive Health Decision—any decision by an individual to receive services, which are arranged for or offered or provided to individuals relating to sexual and reproductive health, including the reproductive system and its functions.” Services include, but are not limited to: Fertility-related medical procedures; Sexually transmitted disease prevention, testing, and treatment; and Family planning services and counseling, such as birth control drugs and supplies, emergency contraception, sterilization procedures, pregnancy testing, and abortion.
PROCEDURES/GUIDELINES
Employees who believe that their rights under this policy and/or New York Labor Law 203-e have been violated are encouraged to make a report to the Human Resources Portal or the Human Resources Department as soon as practicable. The College will promptly investigate and take appropriate remedial action commensurate with the circumstances in accordance with the College’s Anti-Discrimination and Harassment Policy or the Sexual Harassment Prevention Policy, as determined by the Title IX Coordinator. Individuals who have been found to have violated this policy will be subject to discipline, up to and including termination of employment.
Employees may also bring a civil action lawsuit alleging a violation of their rights under New York Labor Law 203-e to seek other remedies as provided under the law.
RELATED POLICIES
Anti-Discrimination and Harassment Policy
Sexual Harassment Prevention Policy
Sexual and Gender-Based Misconduct (Title IX) Policy</s> |
<s>[INST] Research Summary.txt [/INST] Research Summary
Champlain College
Champlain College in Vermont created Champlain College Online in 2015 as separate and distinct entity from the campus college. https://www.insidehighered.com/news/2015/05/15/champlain-college-expands-online-adult-learner-market
Champlain College Online’s leadership structure is summarized below:
President (same as Champlain College)
Vice President of Online Education
Executive Director, Marketing and Enrollment Management, Champlain College Online
Chief Learning Officer
Director of Academic Advising and Student Success, Champlain College Online
Chair, Cybersecurity Programs, Champlain College Online
Assistant Dean, Business and Accounting, Champlain College Online
Program Director, General Education, Champlain College Online
Program Director, Business Management, Champlain College Online
Program Director, Healthcare Administration, Champlain College Online
Program Director, Marketing & Communication, Champlain College Online
We were unable to locate a separate faculty handbook for Champlain College Online. The Faculty Handbook for Champlain College, however, is available here: https://catalog.champlain.edu/index.php. Of note, Section 3.5 of the handbook lists Champlain College Online as an “academic unit” of the College, which is led by the VP for Online Education. It is not clear whether the Faculty or the Faculty Senate plays a role in developing the curriculum for Champlain College Online. Unfortunately, the Faculty Senate Bylaws are password protected. However, the Section 3.5 of the handbook states that the “academic divisions work separately and in concert supporting the overall mission, goals and priorities of the College, as identified by the President and Provost.”
Of note, Section 3.3.3 of the Faculty Handbook addressed the role of faculty in the governance of the College (no distinction is made with regard to the Online College). The section indicates that the faculty has a number of roles, including primary responsibility for policy on the curriculum. It also states that the faculty participate in policies proposals regarding the “establishment, dissolution, and changes in the degree programs.” In all instances, faculty recommendations are advisory in nature.
Lynn University
Lynn University’s online programs report to the Dean of the applicable College, who supervises all programs, regardless of delivery format. In some instances, the online programs have separate coordinators from the undergrad in person programs. In such instances, the online program coordinators report to the applicable College Dean.
The curriculum committee, which is comprised of two elected representatives from each College, reviews all proposals for new programs and courses, regardless of delivery format, and recommend them for approval (or don’t). That committee is notified of any non-substantive changes and is notified when a program closes.
Of note, the faculty at Lynn is not required to initiate new academic programs. If the administration decides that a new academic program should be developed, the Dean of the College requests that the college faculty develop the program or course. Following this step, the proposal is submitted to the curriculum committee. Of note, the online programs utilize the same course numbers as on-ground programs. As a result, they often don’t even need to go through committee to put a version of the program online.
Maryville University (Second fastest-growing private university in US)
Maryville partnered with Pearson in 2018 to significantly increase its online presence. See the following article: https://www.insidehighered.com/digital-learning/article/2018/04/11/small-private-college-partners-pearson-go-national-online
Maryville University’s current academic leadership structure is summarized below:
Academic Leadership
President
Vice President for Academic Affairs
Vice President for Enrollment
Dean of the Walker College of Health Professions/Professor of Physical Therapy
Dean of the School of Adult and Online Education
Executive Director, Strategic Marketing & Communications
Each Dean has a curriculum committee.
The University’s faculty policies are unfortunately password protected.
Linfield University (Portland, OR)
Linfield University offers online baccalaureate degree programs in management, international business, business information systems, accounting, and marketing. In terms of organizational structure, the University’s Director of Online and Continuing Ed leads these online programs. A summary of the director’s role, which is reprinted from the University’s Faculty Handbook, is described below. All new courses for the online programs are approved by the full Faculty Assembly. Of note, the University has a separate Carnegie Classification for its Online and Continuing Ed.
The Director of Online and Continuing Education is responsible for the administration of the current off-campus baccalaureate degree programs in management, international business, business information systems, accounting, and marketing; is involved in developing new clientele, primarily off-campus, and initiating new programs to serve them (through processes established by the Faculty Assembly); markets new, non- traditional offerings as well as traditional liberal arts courses; coordinates the summer session; and oversees the office of conferences. The director, with oversight of academic departments, continually develops a pool of qualified adjunct faculty and regular faculty appropriate for new programs and locations; works with various committees of the Faculty Assembly; and administers the budget for the Online and Continuing Education.
VII.9 Online and Continuing Education (OCE)
Online and Continuing Education extends the benefits of the Linfield liberal arts educational tradition to those enrolled in the online courses. The quality of instruction, range of curricular offerings, composition of programs and implementation of policies and procedures conform to Linfield standards. The program seeks maximum involvement of Linfield faculty members in establishing guidelines, hiring adjunct faculty members, and teaching in order to achieve teaching excellence, innovation, and superior support for all users.
Linfield Online and Continuing Education administers a wide variety of educational programs, including:
Bachelor’s degree programs
Certificate programs for non-degree students
Non-credit educational programs</s> |
<s>[INST] Research- President & Provost Faculty Membership.txt [/INST] Faculty Membership
U of Pacific
U of Redlands
Pacific Lutheran
Santa Clara
Loyola Marymount
St. Edwards
President
Yes
Yes, non-voting
Yes
No
No
No
Provost
Yes
Yes (senior administrator)
Unclear. Administrative Faculty are members.
No
No
No
Deans
Yes
See below.
Administrative Faculty are members
Other Administrators w/ Faculty Rank
Yes
Yes – Academic Administrators holding Faculty appointments (i.e., less than a half-time teaching load)
Yes</s> |
<s>[INST] Retirement Plan Investments.txt [/INST] Retirement Plan Investments
Policy Number: -- 8.3.11
Responsible Individual: --
Policy Effective Date:--
Month DD, YYYY
Next Review Date: --
Month DD, YYYY
RETIREMENT PLAN INVESTMENTS
PURPOSE
The purpose of the Retirement Investment Policy is to assist the College’s 403b Committee in effectively structuring an appropriate investment menu. This includes establishing a prudent process for selecting, monitoring and, as necessary, replacing funding options. Specifically, this Policy:
Defines the Defined Contribution Retirement Plan's investment objectives and guidelines;
Defines the roles and responsibilities of those responsible for the Defined Contribution Retirement Plan's investments;
Establishes criteria and procedures for selecting investment options;
Establishes procedures for monitoring and reporting on investment options;
Establishes termination and replacement procedures for investment options that fail to satisfy established objectives;
Establishes criteria for monitoring the Defined Contribution Retirement Plan’s cost; and
Describes the types of participant education and communication materials to be provided to Defined Contribution Retirement Plan participants and beneficiaries.
APPLICABILITY
All employees participating in the College’s Defined Contribution Retirement Plan.
POLICY STATEMENT
Dominican College’s Defined Contribution Retirement Plan (“Plan”) is intended to provide eligible employees the opportunity to generate the long-term accumulation of retirement savings through employee and/or employer contributions to individual participant accounts and the earnings thereon.
The Plan is an employee benefit plan (defined contribution plan) intended to comply with all applicable federal/state laws and Internal Revenue Service regulations. The College (“Plan Sponsor”) determines membership in the Retirement Planning Committee (the “Committee”) and delegates authority to the Committee to choose and monitor plan funding options. It is the intent of the Committee to provide a range of funding options under the Plan that will enable participants to invest according to varying risk tolerances, savings time horizons and other financial goals. The funding options offered under the Plan shall be administered solely in the interests of the Plan participants and their beneficiaries. The Committee is responsible for maintaining a written record of its decisions and steps taken in connection with the monitoring of the Plan’s funding options.
DEFINITIONS
Not Applicable.
POLICY AND PROCEDURES
Not Applicable.
RELATED POLICIES
Policy No. HR - : Health and Welfare Benefits
HISTORY
Date
Summarize Change
FORMS
Not Applicable.
APPENDIX
Not Applicable.</s> |
<s>[INST] Revised Academic Program Review Process.txt [/INST] Academic Program Review Process
Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a set of common quantitative data for all academic programs at the University showing trends in course enrollments, student credits delivered, graduated majors, declared majors, direct instructional expense, and other performance metrics agreed upon by Academic Affairs, Academic Planning and Allocation Committee (APAC), and UGC. The data will be made available transparently to all faculty through appropriate means such as live data dashboards.
Step 2. Following the publication of the data, each academic department and interdisciplinary program will be charged by Academic Affairs to complete self-studies, following criteria set by APAC.
Step 3. Following receipt of the department and program self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President.
Step 4. The President shall convene a Joint Committee comprised of eight faculty members, six of which are elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: UGC, Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and APAC; and two of which are appointed by the President from the tenure-line faculty. In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. From the faculty membership, the President shall appoint the convener of the Joint Committee.
After considering the department self-studies and APAC report, the Joint Committee shall:
Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors;
Identify opportunities for program enhancement; and
Suggest the optimal configuration of departments and interdisciplinary programs.
In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs, and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program.
The President, following consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President.
Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected departments and interdisciplinary programs identified in the proposal.
Each committee and affected department and interdisciplinary program will have a 30-day period to develop their recommendations to the President. The manner in which the committees and affected departments and interdisciplinary programs arrive at their recommendations is at their respective discretion.
Step 6. Following the hearings, The respective committees and affected departments and interdisciplinary programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If the President adopts the recommendations, the President will incorporate them into the final plan submitted to the Board of Trustees. If the President does not adopt the recommendations, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and affected departments and interdisciplinary programs. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation.
Step 7. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below.
Step 8. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken.
Reassignment and Retraining
Before the President issues notice to a tenure line faculty member of the University’s intention to terminate an appointment because of a formal discontinuance of a program or department, the University will, subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), consider the faculty member for suitable administrative or teaching position vacations within the University. See Section 3.13.5.1 below for additional information.
When a suitable position is not available within the University, with or without retraining, and the faculty member is not agreeable to any optional alternative courses of action (i.e., change in status to part-time), the faculty member’s appointment may be terminated.
Notice
Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, and right to an appeal.
Full-time non-tenured faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1.
Appeal
If the administration issues notice to a tenure line faculty member of an intention to terminate the appointment because of the formal discontinuance of a program or department of instruction due to educational considerations, the faculty member will have the right to file a grievance in accordance with Section 3.14.3.
2. Program or Department Discontinuance Due to Educational Decisions
Termination of an appointment with tenure, or of a tenure track faculty member before the end of the specified term, may occur as a result of a bona fide formal discontinuance of a program or department of instruction due to educational considerations not related to a financially contingent situation.
Criteria
The decision to discontinue an academic program or department of instruction will be based on long-range judgements that the educational mission of the University as whole will be enhanced by the discontinuance of an academic program or department. Such a decision will not be based upon cyclical or temporary variations in enrollment.
For purposes of this policy, academic programs and departments are defined as an academic department or program offering majors and minors that existed prior to the decision to discontinue them. The term program means a group of courses leading to a major or minor, a sequence of courses with a common prefix, a service, or support area, or any curriculum area identified as such.
Making Academic Program or Department Discontinuation Decisions
A proposal to discontinue formally a program or department of instruction may be initiated by the Academic Planning and Allocation Committee, the Committee on Academic Programs, the Provost, or the President.
The decision to discontinue a program or department of instruction will be based essentially upon educational considerations, as determined according to the Academic Program Review Process procedures in the Termination Due to Financially Contingent Situations and Resource Allocation Policy (see Section 3.13.5(2)(b)(2) above).</s> |
<s>[INST] REVISED ANTI-DISCRIMINATION POLICY (DRAFT 2).txt [/INST] ANTI-DISCRIMINATION AND HARASSMENT POLICY
Effective Date:
October 9, 2018
Policy Number:
II – 2.1.1
Supersedes:
Not Applicable.
Issuing Authority:
President
Responsible Officer:
Associate Vice President for Human Resources and Compliance
Applicability:
All members of the Canisius College community.
History:
Replaces prior policy effective May 8, 2017
PURPOSE
The purpose of this policy is to ensure compliance with applicable federal and state laws prohibiting unlawful discrimination and harassment and to foster the college’s commitment to providing an educational and working environment free from discrimination and harassment.
POLICY
I. Statement of Policy
Canisius College strives to provide an educational and working environment that is free from all forms of discrimination and harassment and is committed to providing an environment that values diversity and emphasizes the dignity and worth of every individual, an environment in which every individual is treated with respect. As part of this commitment, Canisius College does not discriminate on the basis of age, race, religion or creed, color, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity, gender expression, familial status, domestic violence victim status, pregnancy, citizenship or immigration status, disability, criminal conviction or any other status protected by local, state or federal law in administration of its educational policies, employment practices, admissions policies, scholarship and loan programs, and athletic and other school administered programs.
Discrimination or harassment in any form is inimical to these goals and fundamentally at odds with the values of Canisius College. They are unacceptable behaviors and will not be tolerated. Accordingly, individuals who discriminate against or harass others in violation of this policy, regardless of whether such conduct rises to the level of unlawful discrimination or harassment, may be subject to disciplinary action, up to and including termination of employment, association with the college, or dismissal from the college. The college also prohibits retaliation by any person against any person for filing or supporting a complaint under this policy.
II. Scope
A. Generally
This policy applies to prohibited discrimination or harassment conduct in all college education programs and activities and to all participants in such education programs and activities, including administrators, faculty, staff, students, volunteers, contractors, and guests. This policy covers prohibited conduct that occurs on campus, in connection with an official college program or activity (regardless of location), and to off-campus conduct when the conduct could deny or limit a person’s ability to participate in or benefit from the college’s programs and activities or when the college, in its sole discretion, has an identifiable interest in the off-campus conduct.
B. Interaction with Sexual and Gender-Based Misconduct (Title IX) & Sexual Harassment Prevention Policies
In support of its commitment to provide an educational and working environment free from all forms of discrimination and harassment, Canisius College has adopted this policy prohibiting discrimination and harassment in all forms identified below (the “Anti-Discrimination/Harassment Policy” or the “policy”). In addition, Canisius College maintains a separate Sexual and Gender-Based Misconduct (Title IX) Policy and a separate Sexual Harassment Prevention Policy that will govern certain allegations of sexual and gender-based misconduct and harassment. These separate policies may be summarized, in general, as follows:
Sexual and Gender-Based Misconduct Policy: Canisius College is committed to eliminating Sexual and Gender-Based Misconduct, preventing its recurrence, and addressing and remedying its effects. In compliance with Title IX of the Educational Amendments of 1972 and 34 CFR Part 106, the Violence Against Women Act as reauthorized by the Campus SaVE Act, and New York’s Enough is Enough Law, the college has adopted a Sexual and Gender-Based Misconduct Policy that specifically addresses incidents of Sex and Gender-Based Discrimination, Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. The entirety of this Sexual and Gender-Based Misconduct Policy may be accessed here.
Sexual Harassment Prevention Policy: Canisius College is committed to maintaining a workplace free from sexual harassment. In compliance with New York State law, the college has adopted a Sexual Harassment Prevention Policy that specifically addresses sexual harassment against employees, applicants for employment, interns and non-employees providing services in the workplace pursuant to a contract with the college or any of their employees, regardless of immigration status. Sexual harassment covered by the policy includes any harassment based on a person’s sex, sexual orientation, self-identified or perceived sex, gender expression, gender identify and the status of being transgender. The policy also prohibits retaliation for reporting or complaining about sexual harassment or providing information, testifying or assisting in any investigation or proceeding involving sexual harassment. The entirety of this Sexual Harassment Prevention Policy may be accessed in Volume II.
All members of the college community are expected to carefully review the Sexual and Gender-Based Misconduct Policy and are responsible for complying with its terms. Violations of the College’s Sexual and Gender-Based Misconduct Policy may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.
All employees also are expected to carefully review the Sexual Harassment Prevention Policy and are responsible for complying with its terms. Violations of the College’s Sexual Harassment Prevention Policy may result in sanctions up to and including termination.
The college has also adopted this Anti-Discrimination/Harassment Policy to ensure a prompt and equitable resolution of all reports or complaints of discrimination and harassment not falling within either the Sexual and Gender-Based Misconduct or Sexual Harassment Prevention policies.
This policy is designed to do the following:
Reaffirm the college’s commitment to providing a positive, supportive and tolerant environment for study and work, free from discrimination, harassment, and retaliation;
Let all members of the college community know what kind of conduct is expected, and what kind of conduct is proscribed;
Inform victims of discrimination, harassment, and retaliation of their options and rights vis-à-vis complaints of discrimination, harassment, or retaliation;
Inform all members of the college community about the procedures available at the college for addressing, investigating, and resolving discrimination, harassment, and retaliation complaints filed under this Policy;
Protect the rights of all parties to confidentiality of complaints to the extent reasonably possible; and
Prevent retaliation against persons making complaints under this policy, as well as persons who participate in or cooperate with an investigation under this policy.
All members of the college community are expected to carefully review this policy and are responsible for complying with its terms. Violations may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.
There will be instances where conduct alleged to be in violation of this Anti-Discrimination/Harassment Policy also would constitute a reported violation of the college’s Sexual and Gender-Based Misconduct Policy and/or Sexual Harassment Prevention Policy. All allegations of sex discrimination which rise to the level of sexual harassment occurring within the college’s education programs and activities as defined by the college’s Sexual and Gender-Based Misconduct Policy will be handled exclusively pursuant to the procedures outlined in that policy. When the alleged misconduct does not meet the definition of sexual harassment occurring within the college’s education programs and activities as defined by the college’s Sexual and Gender-Based Misconduct Policy, then the college’s investigation and resolution efforts will be guided by this policy or the Sexual Harassment Prevention Policy, as may be applicable based on the facts of the individual allegation. The determination of which policy or policies will govern is in the sole discretion of the college.
III. Prohibited Conduct Defined
The following are categories of conduct that are prohibited by this policy (“prohibited conduct”) and may result in disciplinary action when committed by college employees or students.
A. Discrimination
Discrimination is conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their education or employment because of their age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conviction history, or any other status protected by local, state or federal law.
Listed below are examples of conduct that can constitute discrimination if based on an individual’s protected characteristic(s). This list is not all-inclusive; in addition, each situation will be considered in light of the specific facts and circumstances to determine if discrimination has occurred.
Singling out or targeting an individual for different or adverse treatment (e.g., more severe discipline, lower salary increase) because of his or her actual or perceived protected characteristic(s);
Failing or refusing to hire or admit an individual because of his/her actual or perceived protected characteristic(s); and
Terminating an individual from employment or an educational program or activity based on his/her actual or perceived protected characteristic.
Other Forms of Discrimination—In addition to the above, the following acts of discrimination are prohibited by this policy:
Causing physical harm, verbally abusing, intimidating or engaging in other conduct that threatens the health or safety of any member of the college community based on his or her actual or perceived protected characteristic;
Hazing (defined as acts likely to cause physical or psychological harm or social exclusion or humiliation) any member of the college community based on his or her actual or perceived protected characteristic; and
Bullying (defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or degrade another person physically or mentally) any member of the college community based on his or her actual or perceived protected characteristic.
B. Harassment
Harassment is any conduct against an individual on the basis of his or her age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conduct or any other status protected by local, state or federal law, when the conduct is either:
Sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit the individual’s ability to participate in or benefit from the college’s programs or activities; or
The conduct has the purpose or effect of unreasonably interfering with an individual’s employment or education.
The determination of whether an environment is hostile must be based on all of the circumstances, giving consideration to whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be among those considered by the college in assessing whether a “hostile” environment has been created, maintained or promoted: (a) the degree to which the conduct affected one or more students’ education or individual’s employment; (b) the nature, scope, frequency, duration, severity, and location of incident or incidents; (c) the intent, purpose or objective(s) of the participants involved in the conduct; and (d) the identity, number, and relationships of persons involved. While the intent of the actors involved will be considered as part of the overall assessment of whether a “hostile” environment has been created, maintained or promoted, the absence of intent to offend, demean, injure or harass will not be determinative of the issue.
A single or isolated incident of harassment may create (and may support a finding of) a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents in finding a hostile environment, particularly if the harassment is physical in nature.
The foregoing also must be interpreted in light of one of the fundamental purposes of a Canisius College education which is to teach students to think, write, and express themselves critically. This is a demanding skill and students must confront in stark and sometimes painful ways the comfortable assumptions that they bring to the college experience. Instruction in critical thinking very well may involve saying or presenting materials that are felt by individuals to be offensive or embarrassing. In such cases, students should communicate directly with the faculty member involved, the department chair or the associate dean of the applicable school. (See Section IV below regarding Academic Freedom.) Nor is this policy intended to address normal differences of opinion that arise but are not based on a person’s protected status.
In the case of students, those matters can be addressed through the procedures set forth in the Community Standards.
In the case of employees, those matters can be addressed through procedures set forth in the Faculty Handbook or Volume III of Canisius College Policy Manual as applicable.
C. Sexual Harassment and Sexual Violence
For the same reasons listed above, it is the policy of Canisius College that all faculty, staff, students, and visitors work, learn, and participate in an environment free from sexual harassment and/or sexual violence, which are prohibited and may also violate federal, state and local law.
Claims of sexual or gender-based harassment and/or violence are governed by the college’s separate Sexual and Gender-Based Misconduct Policy and/or the college’s separate Sexual Harassment Prevention Policy.
C. Sexual Exploitation
Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own benefit, or to benefit anyone other than the affected individual, and that behavior does not otherwise constitute other prohibited conduct. Examples of sexual exploitation include but are not limited to the following:
Creating pictures, movies, web cam, tape recording, graphic written narrative or other means of memorializing sexual behavior or a state of undress of another person without the other’s knowledge and consent;
Sharing items described above, beyond the boundaries of consent where consent was given. For example, showing a picture to friends where consent to view it was given for oneself only;
Observing or facilitating observation by others of sexual behavior or a state of undress of another person without the knowledge and/or consent of that person;
“Peeping Tom”/Voyeuristic behaviors;
Engaging in sexual behavior with knowledge of an illness or disease (HIV or STD) that could be transmitted by the behavior;
Encourage others to engage in sexual behavior in exchange for money;
Surreptitiously providing drugs (including so-called “date-rape” drugs such as Rohypnol or GHB), or alcohol to a person for the purpose of sexual exploitation; and
Causing another person to be exposed to pornographic material without the person’s advance knowledge or consent.
D. Other Unprofessional/Inappropriate Conduct
Behavior or conduct of a sexual nature that is unprofessional and/or inappropriate for the educational and/or working environment, but does not rise to the level of sexual harassment or other form of prohibited conduct outlined above is also prohibited by this policy.
E. Retaliation
Retaliation means any action taken against a person who has filed a complaint under this policy, or who has participated in or cooperated with an investigation or a process under this policy, in reprisal for having done so, that might dissuade a reasonable person from making or supporting a complaint or participating in a process under this policy.
G. Other Definitions
Complainant means an individual who is alleged to be the victim of prohibited conduct.
Respondent means an individual who has been reported to be the perpetrator of prohibited conduct.
IV. Reporting Procedures
A. Reporting to the College
Complaints of violations of this policy, including complaints of retaliation, should be made to the college’s Associate Vice President for Human Resources and Compliance (“AVP HR”). The AVP for HR is:
Linda M. Walleshauser
Associate Vice President for Human Resources & Compliance
Old Main 100
[email protected]
716 888-2244
In the event that the AVP for HR is the subject of a complaint under this policy, the Vice President for Business & Finance will assume the AVP HR role. If the president is the subject of a complaint, the chair of the board of trustees will assume the president’s role in the process.
Students who perceive themselves to be the victim of discrimination, harassment, or retaliation by another student may also report the incident via the reporting procedures outlined in the Community Standards.
While verbal reports of prohibited conduct will be received and responded to as appropriate considering the wishes of the reporting individual(s) and the circumstances of each case, the college strongly recommends reports of violations of this policy be submitted in writing. The written complaint should:
Identify the parties involved;
Describe the policy violation, including when and where it occurred; and
Identify by name or description any witnesses and/or evidence.
Written complaints will be treated as confidentially as practical and shared only on a need-to-know basis.
B. External Complaints
The availability and use of this policy does not prevent a member of the college community from filing an inquiry with external agencies such as the Office for Civil Rights or the U. S. Equal Employment Opportunity Commission.
Students: Students and student applicants may file formal complaints with the following agency:
Office for Civil Rights (OCR), Headquarters
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline: (800) 421-3481
TDD: (877) 521-2172
Facsimile: (202) 453-6012
Email: [email protected]
Web: http://www.ed.gov/ocr
Employees, Employment Applicants, Volunteers and other 3rd Parties: Employees, applicants for employment and other 3rd Parties may file formal complaints with the following agencies:
U. S. Equal Employment Opportunity Commission
Two Gateway Center
Suite 1703
283-299 Market Street
Newark, NJ 07102
Phone: 1-800-669-4000
Fax: 973-645-4524
TDD: 1-800-669-6820
The New York State Division of Human Rights
One Fordham Plaza 4th Floor
Bronx, New York 10458
Phone: (718) 741-8400
TDD: 1-718-741-8300
Website: https://dhr.ny.gov/
The City of Buffalo Commission on Citizens’ Rights and Community Relations
City Hall
Room 1316-C
Buffalo, NY, 14202
716-851-8000
V. Investigation and Resolution
No more than five (5) business days after a report is received, the appropriate administrator (or designee) as applicable will meet separately with the parties to discuss the complaint. If the parties choose not to participate, such non-participation will not prevent the matter from proceeding.
After meeting with the parties, the appropriate administrator (or designee) as applicable will make a determination as to whether:
The matter can possibly be resolved through Informal Resolution;
A formal investigation is warranted to resolve the case; or
There are no reasonable grounds for believing that the alleged incident(s) constitutes discrimination, harassment and/or retaliation in violation of this policy.
In the event that the appropriate administrator (or designee) as applicable determines there are no reasonable grounds for believing that the conduct at issue constitutes discrimination, harassment and/or retaliation as defined by this policy, the matter will be closed and the parties will be promptly notified of such resolution in writing.
A. Informal Resolution
At any time prior to the review of an investigative report, a party may request an informal resolution of the complaint. All parties and the appropriate administrator (or designee) as applicable must agree to informal resolution for this option to be used. The administrator (or designee) will assess the request for an informal resolution against the severity of the alleged violation and the potential risks to college community members. If the administrator (or designee) determines that an informal resolution is appropriate, the parties will be notified.
The administrator (or designee) will facilitate a dialogue with the parties in an attempt to reach an amicable resolution. The matter will be deemed resolved when the parties expressly agree to an outcome that is acceptable to them, which is approved by administrator (or designee). A party may withdraw from the informal resolution process at any time. The administrator (or designee) may also reinitiate an investigation at any time deemed appropriate. If these efforts are unsuccessful, the Formal Resolution process will commence.
B. Formal Resolution
If the administrator (or designee) determines that a formal investigation is warranted to resolve a complaint, the college will determine whether an employee or student is responsible for a violation of this policy and what, if any, corrective action is appropriate, in accordance with the procedures described below.
Assignment of Investigator
The administrator (or designee) will appoint an investigator or investigative team with experience investigating allegations of discrimination and harassment. The investigator(s) may be an employee of the college or an external investigator engaged to assist the college in its fact gathering.
The Investigation
The investigation will be conducted in a manner appropriate in light of the circumstances of the case. The investigation may include, but is not limited to, conducting interviews of the complainant(s), the respondent(s), and any witnesses (witnesses must have observed the acts in question or have information relevant to the incident); reviewing law enforcement investigation documents, if applicable; reviewing personnel files; and gathering, examining, and preserving other relevant documents and physical, written, and electronic evidence (including text messages and other phone records, social media posts, security camera footage, etc.). The parties will be afforded an opportunity to identify and present relevant witnesses and evidence to the investigator, as well as identify witnesses who may have relevant information.
The Investigator’s Report and Conclusions
The investigator will make conclusions as to whether the respondent violated any provision of this policy. The standard of proof shall be by a preponderance of the evidence. The investigator’s findings and conclusions may be shared with the administrator in a written report.
Determination of No Policy Violation. If the investigator determines that the respondent did not violate any provision of this policy, the administrator (or designee) will determine and document the appropriate resolution of the complaint and notify the parties of that determination. Appropriate resolutions may include, but are not limited to, dismissal of the complaint, conferences with one or more of the parties, and the introduction of remedial and community-based efforts such as educational initiatives and/or trainings.
Determination of a Policy Violation. If the investigator determines there is sufficient information to find, by a preponderance of the evidence, that the respondent violated this policy, the matter will be referred for corrective action.
Appeals
Appeals of findings of responsibility against student-respondents will be handled pursuant to the Community Standard appeals process.
Appeals of findings of responsibility against employee-respondents will be handled pursuant to the applicable faculty or staff personnel policies.
Corrective Action
If the respondent is found responsible by the preponderance of the evidence, the matter will be referred as applicable to either Student Affairs (student respondents), Academic Affairs (faculty respondents), Human Resources (staff respondents), or the Associate Vice President for Business and Human Resources (third-party respondents) for the imposition of corrective action(s). The range of corrective action sanctions include:
Employee Respondents: Sanctions and/or responsive action for employees or volunteers may include work restrictions, requirement to seek or secure counseling, requirement to attend and complete conduct-focused education or training, other discretionary sanctions,, salary reduction or limitation, loss or reduction of an employment-related benefit or privilege, an oral warning, a written reprimand, suspension from employment, and/or dismissal from or termination of employment.
Student Respondents: Sanctions and/or responsive action for students found responsible for Policy violations may include warnings, fines, restitution, requirement to seek or secure counseling, requirement to attend and complete conduct-focused education or training, other discretionary sanctions, assignment to complete an educational program or activity on a different timeline or in a different format, loss of campus privileges, residence hall probation, administrative relocation, residence hall suspension, suspension or removal from a college team, club or activity, termination of recognized status as a college team, club or activity, residence hall expulsion, college probation, college suspension, college expulsion, revocation of admission and/or degree, and/or withholding or revocation of a degree (whether or not that degree has been conferred).
Third-Party Respondents: For policy violations by contractors, vendors, and others doing business with the college, the Associate Vice President for Business and Human Resources will consult with the contracting department to determine the appropriate resolution, up to and including termination of a contractual relationship.
Note: The above listing is not exclusive, but is intended to be illustrative of the common forms of sanction that may be issued upon a finding of responsibility.
VI. Miscellaneous
Supportive Measures
Regardless of the complaint resolution process utilized in response to a complaint of prohibited conduct, the college will, to the extent practicable based on the college’s resources, provide the complainant with support and resources to restore or preserve equal access to the college’s education programs and activities and/or employment. Such measures are designed to protect the safety of all parties implicated by a report or to deter prohibited conduct. Supportive measures may include, but are not limited to: counseling, extensions of academic or other deadlines, course-related adjustments, modifications to work or class schedules, campus escort services, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar measures. Supportive measures may also include mutual restrictions on contact between the parties implicated by a report.
Confidentiality
All actions taken to investigate and resolve complaints through this procedure will be conducted with as much privacy and discretion as possible without compromising the thoroughness and fairness of the investigation. All persons involved are to treat the situation with respect. To conduct a thorough investigation, the investigators may discuss the complaint with witnesses and those persons involved in or affected by the complaint, and those persons necessary to assist in the investigation or to implement appropriate disciplinary actions.
Any person who knowingly and intentionally makes an unauthorized disclosure of confidential information contained in a complaint or otherwise relating to the investigation of a complaint under this policy is subject to disciplinary action.
Standard of Proof
All findings and determinations of responsibility under this policy will be made using a preponderance of the evidence standard. This standard requires the determination of whether it is more likely than not (>50%) that a fact exists or that a violation of this policy occurred.
Time Frames
Time frames mentioned in these procedures may be extended for good cause, such as holidays or when classes are not in session, or when it is necessary to complete an investigation due to difficulties reaching witnesses or parties to the complaint.
Duty of Truthfulness
All parties and witnesses are obligated to be completely truthful during the course of the entire process set forth in this policy. Any person who knowingly makes a false statement, either explicitly or by omission, in connection with any part of the process, may be subject to separate disciplinary action. A report made in good faith, however, is not considered false merely because the evidence does not ultimately support or refute the allegation of violation of the policy.
Duty of Cooperation
All parties and witnesses are obligated to cooperate with any persons charged with implementing this policy and these procedures. Any person who knowingly interferes with the actions taken to implement the reporting, investigation, or resolution of matters under this policy may be subject to separate and/or additional disciplinary action.
Participation in Proceedings
To enable the most accurate and fair review of the facts, the parties are expected to attend and participate in meetings during the course of an investigation under this policy. If an individual chooses not to attend one or more meetings, the allegations will be reviewed on the basis of the information and evidence available, and a decision will be made. Although no inference may be drawn against an individual failing to attend a meeting or remaining silent, the process will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the respondent to attend one or more meetings, to participate in such meeting(s) or to answer the allegations.
Advisers
During the investigation and resolution process, the parties may designate and thereafter be accompanied by an advisor at meetings and interviews at which they are present; however, no advisor may examine witnesses or otherwise actively participate in a meeting or interview pursuant to this policy.
An adviser is subject to the same confidentiality expectations applicable to others in attendance.
Accommodations, including scheduling of interviews or reviews, generally will not be made for any advisers if they unduly delay the process.
Without prior approval of the area vice president or dean (as applicable), the adviser is not permitted to attend a meeting or proceeding without the complainant or respondent.
The college reserves the right to take appropriate action regarding any adviser who disrupts the process, or who does not abide by the restrictions on their participation.
Recording Proceedings
The parties are not permitted to make video, audio, or other electronic, photographic, or digital recordings of any meetings or proceedings held under this policy or these procedures, including the Investigative Report. The area vice president or dean as applicable may make exceptions to this prohibition in limited circumstances upon written request of the party seeking the recording.
Accommodations for Individuals with Disabilities
Reasonable accommodations will be provided to an individual with disabilities in accordance with applicable law. An individual with a disability who requires an accommodation for any meeting or process this policy must request an accommodation through the area vice president or dean, who in consultation with the appropriate office will make a determination regarding the request and notify the appropriate parities
Record Retention
Generally, records will be retained for seven (7) years after the date of an incident unless:
The college is mandated to maintain the record in compliance with federal, state, or local law or other college policy; and/or
The case resulted in an expulsion, termination or rescission of acceptance, in which case the individuals entire file will be retained indefinitely.
Effect on Pending Actions
The filing of a discrimination, harassment or retaliation complaint will not stop or delay any evaluation or disciplinary action related to the complainant or who has violated other college policies.
Relationship of Complaint Process to Outside Agency Time Limits
The filing of a discrimination, harassment or retaliation complaint under this policy does not excuse the complainant from meeting the time limits of outside agencies.
Special Situations
The college retains the right to determine, in its sole discretion, if it will address a report of conduct under this policy administratively and outside of the process described herein when the safety of the college community is at risk, if the material facts are undisputed, if there are extenuating circumstances involving either of the parties, or if the applicable vice president or associate dean, in consultation with appropriate administrators, determines it is in the best interest of the college and/or the community to do so.</s> |
<s>[INST] REVISED ANTI-DISCRIMINATION POLICY.txt [/INST] ANTI-DISCRIMINATION AND HARASSMENT POLICY
Effective Date:
October 9, 2018
Policy Number:
II – 2.1.1
Supersedes:
Not Applicable.
Issuing Authority:
President
Responsible Officer:
Associate Vice President for Human Resources and Compliance
Applicability:
All members of the Canisius College community.
History:
Replaces prior policy effective May 8, 2017
PURPOSE
The purpose of this policy is to ensure compliance with applicable federal and state laws prohibiting unlawful discrimination and harassment and to foster the college’s commitment to providing an educational and working environment free from unlawful discrimination and harassment.
POLICY
I. Statement of Policy
Canisius College strives to provide an educational and working environment that is free from all forms of discrimination and harassment and is committed to providing an environment that values diversity and emphasizes the dignity and worth of every individual, an environment in which every individual is treated with respect. As part of this commitment, Canisius College does not discriminate on the basis of age, race, religion or creed, color, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity, gender expression, familial status, domestic violence victim status, pregnancy, citizenship or immigration status, disability, criminal conviction or any other status protected by local, state or federal law in administration of its educational policies, employment practices, admissions policies, scholarship and loan programs, and athletic and other school administered programs.
Discrimination or harassment in any form is inimical to these goals and fundamentally at odds with the values of Canisius College. They are unacceptable behaviors and will not be tolerated. Accordingly, individuals who discriminate against or harass others in violation of this policy, regardless of whether such conduct rises to the level of unlawful discrimination or harassment, may be subject to disciplinary action, up to and including termination of employment, association with the college, or dismissal from the college. The college also prohibits retaliation by any person against any person for filing or supporting a complaint under this policy. These prohibitions apply to discrimination and harassment incidents occurring between members of the college community occurring on or off campus at any college academic, educational, co-curricular, athletic, study abroad, residential or other college-sponsored program occurring within or outside of the United States, as well off-campus incidents not associated with college programs or activities if the conduct has the effect of creating a hostile environment impacting a member(s) of the college community.
In support of its commitment to provide an educational and working environment free from all forms of discrimination and harassment, Canisius College has adopted this policy prohibiting discrimination and harassment in all forms identified below (the “Anti-Discrimination/Harassment Policy” or the “policy”). In addition, Canisius College maintains a separate Sexual and Gender-Based Misconduct (Title IX) Policy and a separate Sexual Harassment Prevention Policy that will govern certain allegations of sexual and gender-based misconduct and harassment. These separate policies may be summarized, in general, as follows:
Sexual and Gender-Based Misconduct Policy: Canisius College is committed to eliminating Sexual and Gender-Based Misconduct, preventing its recurrence, and addressing and remedying its effects. In compliance with Title IX of the Educational Amendments of 1972 and 34 CFR Part 106, the Violence Against Women Act as reauthorized by the Campus SaVE Act, and New York’s Enough is Enough Law, the college has adopted a Sexual and Gender-Based Misconduct Policy that specifically addresses incidents of Sex and Gender-Based Discrimination, Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. The entirety of this Sexual and Gender-Based Misconduct Policy may be accessed here. Only Formal Complaints alleging sexual harassment falling within the Sexual and Gender-Based Misconduct Policy’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the grievance process defined in the Sexual and Gender-Based Misconduct Policy. Allegations of sexual harassment or discrimination not meeting the Sexual and Gender-Based Misconduct (Title IX) Policy’s definition of sexual harassment will either be resolved pursuant to the Sexual Harassment Prevention Policy (employee respondents) or this Policy, as applicable.
Sexual Harassment Prevention Policy: Canisius College is committed to maintaining a workplace free from sexual harassment. In compliance with New York State law, the college has adopted a Sexual Harassment Prevention Policy that specifically addresses sexual harassment against employees, applicants for employment, interns and non-employees providing services in the workplace pursuant to a contract with the college or any of their employees, regardless of immigration status. Sexual harassment covered by the policy includes any harassment based on a person’s sex, sexual orientation, self-identified or perceived sex, gender expression, gender identify and the status of being transgender. The policy also prohibits retaliation for reporting or complaining about sexual harassment or providing information, testifying or assisting in any investigation or proceeding involving sexual harassment. The entirety of this Sexual Harassment Prevention Policy may be accessed in Volume II.
All members of the college community are expected to carefully review the Sexual and Gender-Based Misconduct Policy and are responsible for complying with its terms. Violations of the College’s Sexual and Gender-Based Misconduct Policy may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.
All employees also are expected to carefully review the Sexual Harassment Prevention Policy and are responsible for complying with its terms. Violations of the College’s Sexual Harassment Prevention Policy may result in sanctions up to and including termination.
The college has also adopted this Anti-Discrimination/Harassment Policy to ensure a prompt and equitable resolution of all reports or complaints of discrimination and harassment not falling within either the Sexual and Gender-Based Misconduct or Sexual Harassment Prevention policies.
This policy is designed to do the following:
Reaffirm the college’s commitment to providing a positive, supportive and tolerant environment for study and work, free from discrimination, harassment, and retaliation;
Let all members of the college community know what kind of conduct is expected, and what kind of conduct is proscribed;
Inform victims of discrimination, harassment, and retaliation of their options and rights vis-à-vis complaints of discrimination, harassment, or retaliation;
Inform all members of the college community about the procedures available at the college for addressing, investigating, and resolving discrimination, harassment, and retaliation complaints filed under this Policy;
Protect the rights of all parties to confidentiality of complaints to the extent reasonably possible; and
Prevent retaliation against persons making complaints under this policy, as well as persons who participate in or cooperate with an investigation under this policy.
All members of the college community are expected to carefully review this policy and are responsible for complying with its terms. Violations may result in the imposition of sanctions up to and including termination, dismissal, or expulsion.
There will be instances where conduct alleged to be in violation of this Anti-Discrimination/Harassment Policy also would constitute a reported violation of the college’s Sexual and Gender-Based Misconduct Policy and/or Sexual Harassment Prevention Policy. If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment prohibited by Sexual and Gender-Based Misconduct Policy and conduct that would not constitute covered sexual harassment prohibited by Sexual and Gender-Based Misconduct Policy, the Title IX investigation and grievance hearing process will be applied in the investigation and adjudication of all of the allegations. When the alleged misconduct would not constitute a reported violation of the college’s Sexual and Gender-Based Misconduct Policy, then the college’s investigation and resolution efforts will either be guided by this policy or the Sexual Harassment Prevention Policy, as may be applicable based on the facts of the individual allegation. The determination of which policy or policies will govern is in the sole discretion of the college.
II. Prohibited Conduct Defined
A. Discrimination
Discrimination is unlawful conduct that is based upon an individual’s age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conviction or any other status protected by local, state or federal law.
Listed below are examples of conduct that can constitute discrimination if based on an individual’s protected characteristic(s). This list is not all-inclusive; in addition, each situation will be considered in light of the specific facts and circumstances to determine if discrimination has occurred.
Singling out or targeting an individual for different or adverse treatment (e.g., more severe discipline, lower salary increase) because of his or her actual or perceived protected characteristic(s);
Failing or refusing to hire or admit an individual because of his/her actual or perceived protected characteristic(s); and
Terminating an individual from employment or an educational program or activity based on his/her actual or perceived protected characteristic.
Other Forms of Discrimination—In addition to the above, the following acts of discrimination are prohibited by this policy:
Causing physical harm, verbally abusing, intimidating or engaging in other conduct that threatens the health or safety of any member of the college community based on his or her actual or perceived protected characteristic;
Hazing (defined as acts likely to cause physical or psychological harm or social exclusion or humiliation) any member of the college community based on his or her actual or perceived protected characteristic; and
Bullying (defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or degrade another person physically or mentally) any member of the college community based on his or her actual or perceived protected characteristic.
B. Harassment
Harassment is any conduct against an individual on the basis of his or her age, race, religion or creed, color, gender, sex, national or ethnic origin, sexual orientation, marital status, military status, genetic predisposition or carrier status, gender identity or expression, familial status, domestic violence victim status, pregnancy, citizen status, disability, criminal conduct or any other status protected by local, state or federal law, when the conduct is either:
Sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit the individual’s ability to participate in or benefit from the college’s programs or activities; or
The conduct has the purpose or effect of unreasonably interfering with an individual’s employment or education.
The determination of whether an environment is “hostile” or harassing must be based on all of the circumstances, giving consideration to whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be among those considered by the college in assessing whether a “hostile” environment has been created, maintained or promoted: (a) the degree to which the conduct affected one or more students’ education or individual’s employment; (b) the nature, scope, frequency, duration, severity, and location of incident or incidents; (c) the intent, purpose or objective(s) of the participants involved in the conduct; and (d) the identity, number, and relationships of persons involved. While the intent of the actors involved will be considered as part of the overall assessment of whether a “hostile” environment has been created, maintained or promoted, the absence of intent to offend, demean, injure or harass will not be determinative of the issue.
A single or isolated incident of harassment may create (and may support a finding of) a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents in finding a hostile environment, particularly if the harassment is physical in nature.
The foregoing also must be interpreted in light of one of the fundamental purposes of a Canisius College education which is to teach students to think, write, and express themselves critically. This is a demanding skill and students must confront in stark and sometimes painful ways the comfortable assumptions that they bring to the college experience. Instruction in critical thinking very well may involve saying or presenting materials that are felt by individuals to be offensive or embarrassing. In such cases, students should communicate directly with the faculty member involved, the department chair or the associate dean of the applicable school. (See Section IV below regarding Academic Freedom.) Nor is this policy intended to address normal differences of opinion that arise but are not based on a person’s protected status.
In the case of students, those matters can be addressed through the procedures set forth in the Community Standards.
In the case of employees, those matters can be addressed through procedures set forth in the Faculty Handbook or Volume III of Canisius College Policy Manual as applicable.
C. Sexual Harassment and Sexual Violence
For the same reasons listed above, it is the policy of Canisius College that all faculty, staff, students, and visitors work, learn, and participate in an environment free from sexual harassment and/or sexual violence, which are prohibited and may also violate federal, state and local law.
Claims of sexual or gender-based harassment and/or violence are governed by the college’s separate Sexual and Gender-Based Misconduct Policy and/or the college’s separate Sexual Harassment Prevention Policy.
C.. Retaliation
Retaliation means any action taken against a person who has filed a complaint under this policy, or who has participated in or cooperated with an investigation or a process under this policy, in reprisal for having done so, that might dissuade a reasonable person from making or supporting a complaint or participating in a process under this policy.
III. Reporting Procedures
A. Reporting to the College
Complaints of violations of this policy, including complaints of retaliation, should be made to the college’s Associate Vice President for Human Resources and Compliance (“AVP HR”). The AVP for HR is:
Linda M. Walleshauser
Associate Vice President for Human Resources & Compliance
Old Main 100
[email protected]
716 888-2244
In the event that the AVP for HR is the subject of a complaint under this policy, the Vice President for Business & Finance will assume the AVP HR role. If the president is the subject of a complaint, the chair of the board of trustees will assume the president’s role in the process.
Students who perceive themselves to be the victim of discrimination, harassment, or retaliation by another student may also report the incident via the reporting procedures outlined in the Community Standards.
B. External Complaints
The availability and use of this policy does not prevent a member of the college community from filing an inquiry with external agencies such as the Office for Civil Rights or the U. S. Equal Employment Opportunity Commission.
Students: Students and student applicants may file formal complaints with the following agency:
Office for Civil Rights (OCR), Headquarters
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline: (800) 421-3481
TDD: (877) 521-2172
Facsimile: (202) 453-6012
Email: [email protected]
Web: http://www.ed.gov/ocr
Employees, Employment Applicants, Volunteers and other 3rd Parties: Employees, applicants for employment and other 3rd Parties may file formal complaints with the following agencies:
U. S. Equal Employment Opportunity Commission
Two Gateway Center
Suite 1703
283-299 Market Street
Newark, NJ 07102
Phone: 1-800-669-4000
Fax: 973-645-4524
TDD: 1-800-669-6820
The New York State Division of Human Rights
One Fordham Plaza 4th Floor
Bronx, New York 10458
Phone: (718) 741-8400
TDD: 1-718-741-8300
Website: https://dhr.ny.gov/
The City of Buffalo Commission on Citizens’ Rights and Community Relations
City Hall
Room 1316-C
Buffalo, NY, 14202
716-851-8000
IV. Investigation and Resolution
No more than five (5) business days after a report is received, the appropriate administrator (or designee) as applicable will meet separately with the parties to discuss the complaint. If the parties choose not to participate, such non-participation will not prevent the matter from proceeding.
After meeting with the parties, the appropriate administrator (or designee) as applicable will make a determination as to whether:
The matter can possibly be resolved through Informal Resolution;
A formal investigation is warranted to resolve the case; or
There are no reasonable grounds for believing that the alleged incident(s) constitutes discrimination, harassment and/or retaliation in violation of this policy.
In the event that the appropriate administrator (or designee) as applicable determines there are no reasonable grounds for believing that the conduct at issue constitutes discrimination, harassment and/or retaliation as defined by this policy, the matter will be closed and the parties will be promptly notified of such resolution in writing.
A. Informal Resolution
At any time prior to the review of an investigative report, a party may request an informal resolution of the complaint. All parties and the appropriate administrator (or designee) as applicable must agree to informal resolution for this option to be used. The administrator (or designee) will assess the request for an informal resolution against the severity of the alleged violation and the potential risks to college community members. If the administrator (or designee) determines that an informal resolution is appropriate, the parties will be notified.
The administrator (or designee) will facilitate a dialogue with the parties in an attempt to reach an amicable resolution. The matter will be deemed resolved when the parties expressly agree to an outcome that is acceptable to them, which is approved by administrator (or designee). A party may withdraw from the informal resolution process at any time. The administrator (or designee) may also reinitiate an investigation at any time deemed appropriate. If these efforts are unsuccessful, the Formal Resolution process will commence.
B. Formal Resolution
A. Investigation Phase
Notice of an Investigation
If it is determined that formal resolution is required, the following offices will be responsible for overseeing a formal investigation of a complaint against alleging discrimination, harassment or retaliation in violation of this policy:
The Associate Dean of Students (or designee) will be responsible for conducting a formal investigation of a complaint against a student alleging discrimination, harassment, or retaliation in violation of this policy;
The Office of Human Resources will be responsible for conducting a formal investigation of a complaint against faculty, staff or other third-parties alleging discrimination, harassment, or retaliation in violation of this policy; and
In the event that a respondent is a student and an employee, Human Resources, in consultation with the Associate Dean of Students (or designee), will make a determination whether the alleged discriminatory act(s) relates to the respondent’s employment. Human Resources will only initiate an investigation and/or informal resolution if it determines that the alleged discriminatory act(s) relates to the respondent’s employment.
If a complaint is directed against an individual who would otherwise play a role in investigating and attempting to resolve the complaint, the function assigned to that person by these procedures will be delegated to another person by the appropriate vice president.
Advisers
During the resolution and grievance process, the parties may designate and thereafter be accompanied by an advisor at meetings and interviews at which they are present; however, no advisor may examine witnesses or otherwise actively participate in a meeting or interview pursuant to this Policy.
An adviser is subject to the same confidentiality expectations applicable to others in attendance.
Accommodations, including scheduling of interviews or reviews, generally will not be made for any advisers if they unduly delay the process.
Without prior approval of the area vice president or dean (as applicable), the adviser is not permitted to attend a meeting or proceeding without the complainant or respondent.
The college reserves the right to take appropriate action regarding any adviser who disrupts the process, or who does not abide by the restrictions on their participation.
Investigative Process
The above referenced office (see paragraph 1 above) will appoint an investigator or an investigative team (“investigator”) either internal or external to the college who has specific training and experience investigating allegations of discrimination, harassment, or retaliation. The appropriate office will notify both the complainant and the respondent in writing of the formal investigation and the name of the investigator(s).
The respondent and the complainant may protest the appointment of the investigator(s) by identifying a possible conflict of interest in writing to the appropriate office within twenty-four (24) hours after the appointment of the Investigator(s). The appropriate vice president or dean with oversight of the office will carefully consider such statements and will assign a different investigator(s) if it is determined that a material conflict of interest exists.
The assigned investigator(s) will interview both parties and persons who are considered to have pertinent factual information related to the complaint. The investigator(s) will also gather and examine documents relevant to the complaint. Facts will be considered on the basis of what is reasonable to persons of ordinary sensitivity and not on the particular sensitivity or reaction of an individual. Findings will be based on the totality of circumstances surrounding the conduct complained of, including but not limited to the context of that conduct, its severity, frequency, and whether it was physically threatening, humiliating, or was simply offensive in nature.
Submission of Evidence
During the complaint investigation process, the parties should provide the appropriate office with all documents and the identity of witnesses with a summary of the information the witness can provide regarding the issues raised in the complaint.
B. Report of Findings
The investigator will provide a proposed statement of findings, copies of relevant documents and any physical evidence considered to the Associate Dean of Students or AVP for HR (or designees) within twenty business days of being assigned to conduct the investigation, unless unusual circumstances require more time.
The Associate Dean of Students or AVP for HR (or designees) and the investigator will meet within fifteen (15) working days to discuss the findings and review the record.
If a faculty member is a respondent, the Vice President for Academic Affairs will also participate in the meeting.
Within fifteen (15) working days from that meeting, the Associate Dean of Students or AVP for HR (or designees) as applicable will take one of the following actions:
Request further investigation into the complaint;
Dismiss the complaint if the results of the completed investigation are inconclusive or there is insufficient reasonable, credible evidence to support the allegation(s); or
Refer the matter as applicable to either the Community Standards (student respondents), the Committee on Faculty Status (faculty respondents) or Human Resources (staff) for final resolution if the results of the completed investigation establish sufficient reasonable, credible evidence to support the allegation(s).
V. Miscellaneous
A. Confidentiality
All actions taken to investigate and resolve complaints through this procedure will be conducted with as much privacy and discretion as possible without compromising the thoroughness and fairness of the investigation. All persons involved are to treat the situation with respect. To conduct a thorough investigation, the investigators may discuss the complaint with witnesses and those persons involved in or affected by the complaint, and those persons necessary to assist in the investigation or to implement appropriate disciplinary actions.
Any person who knowingly and intentionally makes an unauthorized disclosure of confidential information contained in a complaint or otherwise relating to the investigation of a complaint under this policy is subject to disciplinary action.
B. Standard of Proof
All findings and determinations of responsibility under this policy will be made using a preponderance of the evidence standard. This standard requires the determination of whether it is more likely than not (>50%) that a fact exists or that a violation of this policy occurred.
C. Time Frames
Time frames mentioned in these procedures may be extended for good cause, such as holidays or when classes are not in session, or when it is necessary to complete an investigation due to difficulties reaching witnesses or parties to the complaint.
D. Duty of Truthfulness
All parties and witnesses are obligated to be completely truthful during the course of the entire process set forth in this policy. Any person who knowingly makes a false statement, either explicitly or by omission, in connection with any part of the process, may be subject to separate disciplinary action. A report made in good faith, however, is not considered false merely because the evidence does not ultimately support or refute the allegation of violation of the policy.
E. Duty of Cooperation
All parties and witnesses are obligated to cooperate with any persons charged with implementing this policy and these procedures. Any person who knowingly interferes with the actions taken to implement the reporting, investigation, or resolution of matters under this policy may be subject to separate and/or additional disciplinary action.
F. Participation in Proceedings
To enable the most accurate and fair review of the facts, the parties are expected to attend and participate in meetings during the course of an investigation under this policy. If an individual chooses not to attend one or more meetings, the allegations will be reviewed on the basis of the information and evidence available, and a decision will be made. Although no inference may be drawn against an individual failing to attend a meeting or remaining silent, the process will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the respondent to attend one or more meetings, to participate in such meeting(s) or to answer the allegations.
G. Recording Proceedings
The parties are not permitted to make video, audio, or other electronic, photographic, or digital recordings of any meetings or proceedings held under this policy or these procedures, including the Investigative Report. The area vice president or dean as applicable may make exceptions to this prohibition in limited circumstances upon written request of the party seeking the recording.
H. Accommodations for Individuals with Disabilities
Reasonable accommodations will be provided to an individual with disabilities in accordance with applicable law. An individual with a disability who requires an accommodation for any meeting or process this policy must request an accommodation through the area vice president or dean, who in consultation with the appropriate office will make a determination regarding the request and notify the appropriate parities
I. Record Retention
Generally, records will be retained for seven (7) years after the date of an incident unless:
The college is mandated to maintain the record in compliance with federal, state, or local law or other college policy; and/or
The case resulted in an expulsion, termination or rescission of acceptance, in which case the individuals entire file will be retained indefinitely.
J. Effect on Pending Actions
The filing of a discrimination, harassment or retaliation complaint will not stop or delay any evaluation or disciplinary action related to the complainant or who has violated other college policies.
K. Relationship of Complaint Process to Outside Agency Time Limits
The filing of a discrimination, harassment or retaliation complaint under this policy does not excuse the complainant from meeting the time limits of outside agencies.
L. Special Situations
The college retains the right to determine, in its sole discretion, if it will address a report of conduct under this policy administratively and outside of the process described herein when the safety of the college community is at risk, if the material facts are undisputed, if there are extenuating circumstances involving either of the parties, or if the applicable vice president or associate dean, in consultation with appropriate administrators, determines it is in the best interest of the college and/or the community to do so.</s> |
<s>[INST] Revised Campus Citizenship & New Models.txt [/INST] Campus Citizenship – Edited Version of Original Clause
Citizenship is not a distinct capacity to be assessed independently, but rather it should be understood as a part of the established evaluation areas of teaching, scholarly/creative productivity, and service. Responsible citizenship relates to collaboration and constructive cooperation and consists of attitudes and actions which show respect for the campus as a whole, including faculty, staff, administrators, and students. While not a separate category of evaluation, campus citizenship is a consideration in tenure and/or promotion, woven into the three evaluation areas of teaching effectiveness, scholarly or creative productivity, and effective service. The American Association of University Professors’ “Statement on Professional Ethics” (endorsed and quoted in its entirety in the Code of Professional Ethics Policy above [LINK TO POLICY]) is a guideline to the general meaning of campus citizenship, which includes taking on one’s fair and collaborative role in the work of the University, taking part in shared governance, supporting the academic freedom of one’s peers, and showing due respect for the opinion of others and students as individuals.
For purposes of consideration in the tenure and promotion process, campus citizenship is defined as a sense of responsibility to the University and the academic unit, and an ability to contribute constructively with fellow faculty members, staff, administrators, and students. A deficiency in or complete lack of citizenship may directly and negatively impact a faculty member’s professional performance. For example, a candidate’s lack of campus citizenship may be addressed in the teaching effectiveness category when it impinges on the faculty member’s ability to work with colleagues in mentoring students or in preparing them for prerequisites for more advanced courses, or in preparing them for group activities required of the academic discipline; or in scholarly or creative productivity when it impinges on the candidate’s ability to work collaboratively or respectively with colleagues in developing research grant proposals or organizing conferences; or in service when it prevents academic unit, or university-wide committees or programs from functioning as they should.
In all instances, the evaluator’s focus with respect to campus citizenship solely relates to respectful collaboration and constructive cooperation associated with a faculty member’s overall performance in one of the three evaluation categories. Campus citizenship is a professional, not a personal, consideration relating to performance in the areas of teaching, scholarly/creative productivity, and service duties. Considerations of campus citizenship must not be confused with conformity, sociability, or likability and may not be interpreted in a way that violates the principles of academic freedom. Moreover, such considerations may not be used to promote orthodoxy of opinion on academic matters. Professional disagreements among colleagues are entirely consistent with demonstrating campus citizenship. However, all faculty members are expected to express those disagreements in a professional, constructive, and respectful manner. The University affirms that campus citizenship does not preclude vigorous debate, dissent, or protest in academic and/or intellectual matters and in issues concerning the governance of the institution—these are all vital components of a healthy intellectual environment. An absence of campus citizenship, by itself, will not constitute a basis for denial of tenure or dismissal. No parties to the tenure and promotion process (colleagues, immediate administrative supervisors, the ART Committee, the Provost, President, or the Board of Trustees) shall appeal to campus citizenship as a reason not to support a candidate because the candidate has academic views or has spoken critically about instructional matters in line with their rights and responsibilities as a faculty member.
New Truncated Citizenship Model
While teaching, scholarship, and service constitute the only criteria for promotion and tenure, those criteria are affected by a faculty member’s interaction with colleagues, staff, administrators, and students. Citizenship is not a distinct capacity to be assessed independently, but rather it should be understood as a part of the established evaluation areas of teaching, scholarly/creative productivity, and service. As a hallmark of professional ethics (see Code of Professional Ethics Policy above [LINK TO POLICY), faculty members are expected to work cooperatively and constructively with their colleagues and to treat staff members, administrators, and students with respect. Tolerance for differing points of view and the capacity to give civil expression to one′s own position are highly prized.
The University affirms that campus citizenship does not preclude vigorous debate, dissent, or protest in academic and/or intellectual matters and in issues concerning the governance of the institution—these are all vital components of a healthy intellectual environment. No parties to the tenure and promotion process (colleagues, immediate administrative supervisors, the ART Committee, the Provost, President, or the Board of Trustees) shall appeal to campus citizenship as a reason not to support a candidate because the candidate has academic views or has spoken critically about instructional matters in line with their rights and responsibilities as a faculty member.
New Model Example– Arkansas Tech University
Faculty members are expected to be effective teachers, engage in scholarly or creative productivity activities, and provide meaningful service to the university, profession, and community. Overarching expectations of all faculty include professionalism and collegiality in these three areas. Collegiality is not a separate criterion upon which any faculty member is assessed, but is assumed to be an integral aspect of the faculty member’s professional life. The absence of collegiality in all aspects of a faculty member’s professional life is considered to be a deficiency. Collegiality among peers involves appreciation of and respect for differences in expertise, ideas, and background, as well as cooperation and collaboration in achieving academic unit and university goals. The concept of collegiality, however, should be distinguished from congeniality; to be congenial is parallel with sociability and agreeableness, while collegiality is a positive and productive association with colleagues. A faculty member need not be congenial to be collegial.
New Model Example– Virginia State University
While demonstrating quality in the areas of 1) teaching, 2) scholarly research/creative activity, and 3) service, the candidate for tenure must demonstrate professional collegiality. Concerning collegiality, the University concurs with the following statement from the AAUP Statement on Collegiality as a Criterion for Faculty Evaluation, (1999):
“Collegiality, in the sense of collaboration and constructive cooperation, identifies important aspects of a faculty member’s overall performance. A faculty member may legitimately be called upon to participate in the development of curricula and standards for the evaluation of teaching, as well as in peer review of the teaching of colleagues. Much research, depending on the nature of the particular discipline, is by its nature collaborative and requires teamwork as well as the ability to engage in independent investigation. And committee service of a more general description, relating to the life of the institution as a whole, is a logical outgrowth of the Association’s view that a faculty member is an “officer” of the college or University in which he or she fulfills professional duties. . . . Understood in this way, collegiality is not a distinct capacity to be assessed independently of the traditional triumvirate of scholarship, teaching, and service. It is rather a quality whose value is expressed in the successful execution of these three functions. Evaluation in these three areas will encompass the contributions that the virtue of collegiality may pertinently add to a faculty member’s career. . . . Certainly an absence of collegiality ought never, by itself, to constitute a basis for non-reappointment, denial of tenure, or dismissal for cause.”
Collegiality should not be confused with sociability or popularity. Collegiality should be understood in professional, not personal, terms, and relates to the performance of a faculty member’s duties. The requirement that a candidate demonstrate collegiality does not mean faculty should expect conformity to their views. The “elementary principles of academic freedom . . . protect a faculty member’s right to dissent from the judgments of colleagues and administrators. . . . Criticism and opposition do not necessarily conflict with collegiality. Gadflies, critics of institutional practices or collegial norms, even the occasional malcontent, have all been known to play an invaluable and constructive role in the life of academic departments and institutions. They have sometimes proved collegial in the deepest and truest sense” (AAUP, Collegiality 1999).
Matters relevant to collegiality include the following: Are the candidate’s professional abilities and relationships with colleagues compatible with the University and academic unit’s mission and with its long- term goals? Has the candidate exhibited an ability and willingness to engage in shared academic and administrative tasks that must often be performed and to participate with some measure of reason and knowledge in discussions germane to university and academic unit policies and programs? Does the candidate maintain high standards of professional integrity in accordance with the Code of Professional Ethics?
The Department of History affirms the Faculty Handbook statement on collegiality, acknowledging that while teaching, scholarship, and service constitute the only criteria for promotion and tenure, those criteria are affected by a faculty member’s interaction with colleagues and others. The department also affirms that collegiality does not preclude vigorous debate, dissent, and protest in academic and/or intellectual matters and in issues concerning the governance of the institution—these are all vital components of a healthy intellectual environment. We affirm that collegiality does not require conformity to any unspecified personality profile. Collegiality standards should not be used to enforce conformity and to either marginalize or punish faculty members who might hold dissenting opinions or who have simply crossed a senior colleague or a person in position of authority. Thus, it is necessary to exercise extreme caution when using collegiality as a criteria for evaluating faculty performance. It is, therefore, incumbent on the chair and the personnel committee to investigate and address alleged breakdowns in collegiality in a manner that is fair, open, and transparent, and that allows for amendment of behavior.</s> |
<s>[INST] Revised Campus Citizenship & New Models_MGEdits.txt [/INST] Campus Citizenship – Edited Version of Original Clause
Citizenship is not a distinct capacity to be assessed independently, but rather it should be understood as a part of the established evaluation areas of teaching, scholarly/creative productivity, and service. Responsible citizenship relates to collaboration and constructive cooperation and consists of attitudes and actions which show respect for the campus as a whole, including faculty, staff, administrators, and students. Campus citizenship is not a distinct capacity to be assessed independently of the three evaluation areas, but instead is woven into the teaching effectiveness, scholarly or creative productivity, and service categories. The American Association of University Professors’ “Statement on Professional Ethics” (endorsed and quoted in its entirety in the Code of Professional Ethics Policy above [LINK TO POLICY]) is a guideline to the general meaning of campus citizenship, which includes taking on one’s fair and collaborative role in the work of the University, taking part in shared governance, supporting the academic freedom of one’s peers, and showing due respect for the opinion of others and students as individuals.
For purposes of consideration in the tenure and promotion process, campus citizenship is defined as a sense of responsibility to the University and the academic unit, and an ability to contribute constructively with fellow faculty members, staff, administrators, and students. A deficiency in or complete lack of citizenship may directly and negatively impact a faculty member’s professional performance. For example, a candidate’s lack of campus citizenship may be addressed in the teaching effectiveness category when it impinges on the faculty member’s ability to work with colleagues in mentoring students or in preparing them for prerequisites for more advanced courses, or in preparing them for group activities required of the academic discipline; or in scholarly or creative productivity when it impinges on the candidate’s ability to work collaboratively or respectively with colleagues in developing research grant proposals or organizing conferences; or in service when it prevents academic unit, or university-wide committees or programs from functioning as they should.
In all instances, the evaluator’s focus with respect to campus citizenship solely relates to respectful collaboration and constructive cooperation associated with a faculty member’s overall performance in one of the three evaluation categories. Campus citizenship is a professional, not a personal, consideration relating to performance in the areas of teaching, scholarly/creative productivity, and service duties. Considerations of campus citizenship must not be confused with conformity, sociability, or likability and may not be interpreted in a way that violates the principles of academic freedom. Moreover, such considerations may not be used to promote orthodoxy of opinion on academic matters. Professional disagreements among colleagues are entirely consistent with demonstrating campus citizenship. However, all faculty members are expected to express those disagreements in a professional, constructive, and respectful manner. The University affirms that campus citizenship does not preclude vigorous debate, dissent, or protest in academic and/or intellectual matters and in issues concerning the governance of the institution—these are all vital components of a healthy intellectual environment. An absence of campus citizenship, by itself, will not constitute a basis for denial of tenure or dismissal. No parties to the tenure and promotion process (colleagues, immediate administrative supervisors, the ART Committee, the Provost, President, or the Board of Trustees) shall appeal to campus citizenship as a reason not to support a candidate because the candidate has academic views or has spoken critically about instructional matters in line with their rights and responsibilities as a faculty member.
New Truncated Citizenship Model
T
eaching, scholarship, and service constitute the three major criteria for promotion and tenure, but those categories are affected by a faculty member’s interaction with colleagues, staff, administrators, and students. Campus citizenship is not a distinct capacity to be assessed independently, but rather it should be understood as a part of the established evaluation areas of teaching, scholarly/creative productivity, and service. As a hallmark of professional ethics (see Code of Professional Ethics Policy above [LINK TO POLICY), faculty members are expected to work cooperatively and constructively with their colleagues and to treat staff members, administrators, and students with respect. Tolerance for differing points of view and the capacity to give civil expression to one′s own position are highly prized.
The University affirms that campus citizenship does not preclude vigorous debate, dissent, or protest in academic and/or intellectual matters and in issues concerning the governance of the institution—these are all vital components of a healthy intellectual environment. No parties to the tenure and promotion process (colleagues, immediate administrative supervisors, the ART Committee, the Provost, President, or the Board of Trustees) shall appeal to campus citizenship as a reason not to support a candidate because the candidate has academic views or has spoken critically about instructional matters in line with their rights and responsibilities as a faculty member.
New Model Example– Arkansas Tech University
Faculty members are expected to be effective teachers, engage in scholarly or creative productivity activities, and provide meaningful service to the university, profession, and community. Overarching expectations of all faculty include professionalism and collegiality in these three areas. Collegiality is not a separate criterion upon which any faculty member is assessed, but is assumed to be an integral aspect of the faculty member’s professional life. The absence of collegiality in all aspects of a faculty member’s professional life is considered to be a deficiency. Collegiality among peers involves appreciation of and respect for differences in expertise, ideas, and background, as well as cooperation and collaboration in achieving academic unit and university goals. The concept of collegiality, however, should be distinguished from congeniality; to be congenial is parallel with sociability and agreeableness, while collegiality is a positive and productive association with colleagues. A faculty member need not be congenial to be collegial.
New Model Example– Virginia State University
While demonstrating quality in the areas of 1) teaching, 2) scholarly research/creative activity, and 3) service, the candidate for tenure must demonstrate professional collegiality. Concerning collegiality, the University concurs with the following statement from the AAUP Statement on Collegiality as a Criterion for Faculty Evaluation, (1999):
“Collegiality, in the sense of collaboration and constructive cooperation, identifies important aspects of a faculty member’s overall performance. A faculty member may legitimately be called upon to participate in the development of curricula and standards for the evaluation of teaching, as well as in peer review of the teaching of colleagues. Much research, depending on the nature of the particular discipline, is by its nature collaborative and requires teamwork as well as the ability to engage in independent investigation. And committee service of a more general description, relating to the life of the institution as a whole, is a logical outgrowth of the Association’s view that a faculty member is an “officer” of the college or University in which he or she fulfills professional duties. . . . Understood in this way, collegiality is not a distinct capacity to be assessed independently of the traditional triumvirate of scholarship, teaching, and service. It is rather a quality whose value is expressed in the successful execution of these three functions. Evaluation in these three areas will encompass the contributions that the virtue of collegiality may pertinently add to a faculty member’s career. . . . Certainly an absence of collegiality ought never, by itself, to constitute a basis for non-reappointment, denial of tenure, or dismissal for cause.”
Collegiality should not be confused with sociability or popularity. Collegiality should be understood in professional, not personal, terms, and relates to the performance of a faculty member’s duties. The requirement that a candidate demonstrate collegiality does not mean faculty should expect conformity to their views. The “elementary principles of academic freedom . . . protect a faculty member’s right to dissent from the judgments of colleagues and administrators. . . . Criticism and opposition do not necessarily conflict with collegiality. Gadflies, critics of institutional practices or collegial norms, even the occasional malcontent, have all been known to play an invaluable and constructive role in the life of academic departments and institutions. They have sometimes proved collegial in the deepest and truest sense” (AAUP, Collegiality 1999).
Matters relevant to collegiality include the following: Are the candidate’s professional abilities and relationships with colleagues compatible with the University and academic unit’s mission and with its long- term goals? Has the candidate exhibited an ability and willingness to engage in shared academic and administrative tasks that must often be performed and to participate with some measure of reason and knowledge in discussions germane to university and academic unit policies and programs? Does the candidate maintain high standards of professional integrity in accordance with the Code of Professional Ethics?</s> |
<s>[INST] Revised Classrom Evaluation From.txt [/INST] FACULTY MEMBER NAME:
DATE:
DEPARTMENT:
CURRENT RANK:
EVALUATION PERIOD:
CLASSROOM/LABORATORY EVALUATION FORM
I. PERSONAL QUALITIES:
a. Personal Appearance:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
b. Attitude Towards Class:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
c. Voice Expression:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
d. Professional Poise:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
e. Clarity of Session’s Objectives:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
f. Knowledge of Subject Demonstrated:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
g. Organization of Class Presentation:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
h. Relevance of Material to Lesson Objectives:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
i. Use of Audio Visual/Illustrative Materials:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
II. INSTRUCTIONAL EFFECTIVENESS:
a. Student Interest:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
b. Ability to Question Students:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
c. Ability to Answer Questions:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
d. Variety of Instructional Techniques:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
e. Sensitivity to Physical Classroom Environment Student Interest:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
f. Achievement of Session’s Objectives:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
III. STUDENT-TEACHER RAPPORT:
a. Achievement of Sessions Objectives:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
b. Class Control:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
c. Awareness of Individual Student Needs:
3 – Exceeds Standards
2 – Acceptable
1 – Needs Improvement
Comment:
IV. EVALUATOR’S RECOMMENDATIONS/COMMENTS:
V. FACULTY MEMBER’S COMMENTS (IF ANY):
Faculty Member’s Signature Date
Evaluator’s Signature Date
One copy of this form will remain with the faculty member and one is filed in the Vice President for Academic Affairs Office.</s> |
<s>[INST] Revised Faculty Evaluation Process and Standards (1st Draft).txt [/INST] </s> |
<s>[INST] Revised Faculty Evaluation Process and Standards (FACULTY FORUM DRAFT).txt [/INST] </s> |
<s>[INST] Revised Faculty Evaluation Process and Standards (Revised FACULTY FORUM DRAFT).txt [/INST] </s> |
<s>[INST] Revised Program Discontinuation Policy (3.27).txt [/INST] 2. Program or Department Discontinuance Due to Educational Decisions
Termination of an appointment with tenure, or of a tenure track faculty member before the end of the specified term, may occur as a result of a bona fide formal discontinuance of a program or department of instruction due to educational considerations not related to a financially contingent situation.
Criteria
The decision to discontinue an academic program or department of instruction will be based on long-range, strategic judgements that the educational mission of the University as whole will be enhanced strengthened by the discontinuance of an academic program or department. Program or department discontinuance does not preclude the reallocation of resources to other academic programs or departments determined to have higher priority based on long-term academic and educational reasons. In making such judgements, the following criteria shall be utilized: Mission, Cost Effectiveness and Marketability, and Quality. See the Termination Due to Financially Contingent Situations and Resource Allocation Policy above for formal definitions of each category. A decision to discontinue an academic program or department of instruction shall not be based upon cyclical or temporary variations in enrollment or undue influence from external parties to the University.
For purposes of this policy, academic programs and departments are defined as an academic department or program offering majors and minors that existed prior to the decision to discontinue them. The term program means a group of courses leading to a major or minor, a sequence of courses with a common prefix, a service, or support area, or any curriculum area identified as such.
Making Academic Program or Department Discontinuation Decisions
A proposal to discontinue formally a program or department of instruction may be initiated by the Academic Planning and Allocation Committee, the Committee on Academic Programs, the Provost, or the President.
Academic Program Review Process
Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a set of common quantitative data for the academic department(s) and/or interdisciplinary program(s) showing long-term trends in course enrollments, student credits delivered, graduated majors, declared majors, direct instructional expense, and other performance metrics agreed upon by Academic Affairs, Academic Planning and Allocation Committee (APAC), and UGC. The data will be made available transparently to all faculty through appropriate means such as live data dashboards.
Step 2. Following the publication of the data, the applicable academic department(s) and/or interdisciplinary program(s) will be charged by Academic Affairs to complete a self-study, following criteria set by APAC.
Step 3. Following receipt of the self-studies, APAC will evaluate the academic department(s) and interdisciplinary program(s) in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President.
Step 4. The President shall convene a Joint Committee comprised of eight faculty members, six of which are elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: UGC, Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and APAC; and two of which are appointed by the President from the tenure-line faculty. In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. From the faculty membership, the President shall appoint the convener of the Joint Committee.
After considering the self-studies and APAC report, the Joint Committee shall develop recommendations to the President regarding the initial proposal to discontinue the department(s) or interdisciplinary program(s). At the committee’s discretion, the report may include recommendations about (a) reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (b) the enhancement of programs; and (c) changes in policies and procedures that would improve the functioning or efficiency of the academic program.
The President, following consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President.
Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing whether a program or department of instruction should be discontinued. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected department(s) and interdisciplinary program(s) identified in the proposal.
Each committee and affected department(s) and interdisciplinary program(s) will have a 30-day period to develop their recommendations to the President. The manner in which the committees and affected department(s) and interdisciplinary program(s) arrive at their recommendations is at their respective discretion.
Step 6. The respective committees and affected department(s) and interdisciplinary program(s) may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If the President adopts the recommendations, the President will incorporate them into the final plan submitted to the Board of Trustees. If the President does not adopt the recommendations, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and affected department(s) and interdisciplinary program(s). The Board of Trustees retains ultimate authority for approving any plan to discontinue an academic department or interdisciplinary program due to educational considerations and any corresponding position terminations.
Step 7. The President shall render the final decision on any terminations due to the discontinuation of an academic department(s) or interdisciplinary program(s) due to educational considerations and shall notify the faculty member(s) involved in accordance with the Notification provisions below.
Step 8. After the completion and implementation of decisions for a discontinuation of an academic department(s) or interdisciplinary program(s) due to educational considerations, the President will make available to the campus community a full report on the actions taken.
Reassignment and Retraining
Subject to a review of qualifications and retraining possibilities (see Section 3.10.3 – Retraining Leave), tenure-line faculty members in positions to be eliminated as a result of the discontinuation of an academic department(s) or interdisciplinary program(s) due to educational considerations will be considered for suitable vacancies at the University in administrative or teaching positions before the President issues notice of the intention to terminate an appointment. Tenured faculty, who will receive preference in such consideration over non-tenured faculty, may explore such possibilities as an alternative to receiving termination payments pursuant to Section 3.13.6.1.
If the faculty member indicates a desire to explore an alternative assignment and retraining possibilities, the Provost will coordinate the review of the faculty member’s qualifications by the FPC, in consultation with APAC, in accordance with the procedures outlined in Section 3.13.6.1. If the FPC recommends that a limited period of retraining is necessary for an alternative assignment and the faculty member indicates a desire to explore such a leave, the faculty member may request a retraining leave pursuant to Section 3.10.3 – Retraining Leave.
When a position is not available within the University, with or without retraining, and the faculty member is not agreeable to any optional alternative courses of action (i.e., change in status to part-time), the faculty member’s appointment may be terminated.
Notice
Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, and right to an appeal.
Full-time non-tenured faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.6.1.
Appeal
If the administration issues notice to a tenure line faculty member of an intention to terminate the appointment because of the formal discontinuance of a program or department of instruction due to educational considerations, the faculty member will have the right to file a grievance in accordance with Section 3.14.3.
Termination Benefits for Tenure or Tenure-Track Faculty Whose Positions Are Eliminated
Certain services and benefits are provided by the University to eligible persons as delineated below whose full-time tenured or tenure track employment is terminated because of the elimination of their positions as set forth in Section 3.13.6 above. In what follows, "termination" refers to the ending date of an appointment which ceases because the position has been eliminated.
Planning Assistance. One or more staff persons capable of providing career planning services will be available to work with terminated faculty, such services to include individual counseling, workshops, access to career literature, help with search skills, and contacts with alumni and other friends of the University.
Reassignment and Retraining. Subject to a review of qualifications and retraining possibilities (see Section 3.10.3 – Retraining Leave), faculty members in positions to be eliminated will be considered for suitable vacancies at the University in administrative or teaching positions before the University issues notice of its intention to terminate an appointment. Tenured faculty, who will receive preference in such consideration over non-tenured faculty, may explore such possibilities before electing early retirement or as an alternative to receiving termination payments (see below). The Provost will coordinate the identification of possible alternative assignments and the review of individual qualifications and any retraining possibilities, making known the applicable procedures.
If the faculty member indicates a desire to explore an alternative assignment, the FPC, in consultation with APAC, will review the faculty member’s qualifications and offer a written recommendation to the Provost and President regarding the proposed assignment. Following receipt and review of FPC’s recommendation, the Provost will independently examine the faculty member’s qualifications and provide a written recommendation to the President, who will make a final decision on the proposed assignment. When the Provost’s recommendation disagrees with APAC’s recommendation, the Provost’s letter to the President will include an explanation of the specific reasons for the differing recommendation.
If the FPC, after consultation with APAC, recommends that a limited period of retraining is necessary for an alternative assignment and the faculty member indicates a desire to explore such a leave, the faculty member may request a retraining leave pursuant to Section 3.10.3 – Retraining Leave.
When a position is not available within the University, with or without retraining, and the faculty member is not agreeable to any optional alternative courses of action (i.e., change in status to part-time), the faculty member’s appointment may be terminated.
Medical Coverage. If current insurance plans permit, normal medical coverage will remain in force at University expense through December 31 of the next academic year, and can be continued at the individual's expense in accordance with the Consolidated Omnibus Budget Reconciliation Act for the remainder of two years, after termination.
Termination Payments. The University provides tenured faculty with termination payments to help offset costs of retraining and relocation in positions outside the University as well as to recognize services rendered. Such payments are made in lieu of providing unemployment compensation payments for such faculty. The plan is based in general terms on the system of severance payments under the University's early retirement plan, but involves payment on a foreshortened schedule and includes calculations involving years of service and the salary the person would have received for full-time service in the year following termination.
The termination payments for an eligible tenured faculty member are determined as follows:
The calculation begins with the monthly rate of pay corresponding to 45% of the salary the individual would have received in the year following termination.
Because the terminated individual will not pay Social Security taxes on the faculty member’s termination benefit, the rate in 1 is reduced by the FICA (Social Security) individual tax rate at the time of termination.
The adjusted rate in 2 is hypothetically cumulated for 60 months (5 years), which total amount is then converted to an equivalent lump sum value by calculating its discounted present value (DPV) using the rate of interest on five-year government securities in effect at the time of termination.
The proportion of the lump sum value in 3 to which the individual is entitled is calculated as the proportion of 20 years the individual has served the University, this proportion not to exceed unity. This proportion is multiplied by the lump sum benefit of 3 to obtain the adjusted lump sum benefit.
The adjusted lump sum benefit in 4 will be paid to the individual at a monthly rate equal to the individual's full salary rate that would have obtained in the year following termination reduced by the current FICA individual tax rate used in 2 above.
The payments in 5 above will continue for as many months as the adjusted lump sum entitlement provides, discounted (adjusted upwards) for the lower value of future income payments using the rate in 3 above. The monthly payments will begin ordinarily with the academic year following the year of termination.
If employment is obtained outside the University, this must be immediately disclosed to the University and severance payments from the University will be reduced one dollar for each two dollars per month earned in that employment.
Tuition Benefits. The same tuition benefits (OWU tuition remission and GLCA tuition exchange) available to dependents sons and daughters of continuing faculty shall be available to those already in college or high school (grades 9 through 12) at the time the faculty parent or legal guardian is terminated. The tuition benefit is taxable, but the terminated faculty member will not be taxed for the amount equal to any merit scholarships for which a tuition recipient receives. For the tax year the terminated faculty member takes advantage of this benefit, they will receive a Form W-2 reporting the value of the benefit that is taxable to them.
Other Benefits. No benefits will be paid by the University except those specifically provided for in this policy.</s> |
<s>[INST] Revised Sabbatical Policy (11.19).txt [/INST] Sabbatical Leave
Sabbatical leaves at Wheaton College are granted for the primary purpose of enhancing the value of the recipient’s further contribution to the College through scholarly, creative, or pedagogical work, solve an administrative problem(s) in consultation with and the support of the appropriate administrative office(s), or broaden the scope of knowledge in the faculty member’s discipline or field of research.
Junior Sabbatical Leave
Non-tenured tenure-track faculty are eligible to be considered for one-semester sabbaticals at full pay or an academic year’s leave at half salary. These sabbaticals are usually taken in their third or fourth year following a successful retention review. The pre-tenure sabbatical may not be taken by a faculty member with a terminal contract. Moreover, a non-tenured tenure-track faculty member granted three or more years credit toward the probationary period for tenure at the time of initial appointment to Wheaton is not eligible for the pre-tenure sabbatical leave as they are ineligible to apply for a pre-tenure sabbatical leave in the year they stand for tenure.
The same guidelines as those for tenured faculty will apply. [May 13, 1963, p. 2715; November 18, 1963, p. 2728; December 2, 1988, p. 3762; March 5, 1999, pp. 4211-12; May 4, 2007, p. 4636]
Post Tenure Sabbatical Leave
Tenured full-time teaching faculty are eligible to be considered for sabbatical leave under one of two plans.
After six semesters of teaching a full-time instructional load or its equivalent, the faculty member will be eligible to apply for a one-semester leave of two full credit courses or its equivalent at three-fourths pay; or
After twelve semesters of a teaching a full-time instructional load or its equivalent, the faculty member will be eligible to apply for a semester's leave of two full credit courses or its equivalent at full pay or an academic year's leave at half pay.
.
An applicant for sabbatical leave must complete and submit the Sabbatical Leave Request Form by no later than the date specified by the Provost's Office in the academic year preceding the year of the sabbatical. A faculty member may not normally apply to be on sabbatical in the academic year which would otherwise be the faculty member’s final year of full-time teaching at the College.
Since the sabbatical leave program represents an investment by the College, the faculty member awarded leave must undertake substantial work which can be expected to result in an improvement in the quality of the faculty member’s future teaching and research or creative contributions to the College or solve an administrative problem(s). Accordingly, the sabbatical leave request form requests applicants to include a current curriculum vitae, a statement of the project the faculty member plans to carry out during the proposed sabbatical including specific deliverables, and, if applicable, a copy of the report of accomplishments from the faculty member’s last sabbatical leave. The faculty member’s Department Chair/Program Coordinator will receive a copy of the sabbatical leave request form and supply a brief statement of the impact the proposed leave will have on department and/or program staffing.
Overall, the granting of sabbatical leave is dependent upon the needs of the College, including both budgetary and institutional considerations. Course coverage and offerings during sabbatical leaves will be decided solely by the Office of the Provost, taking the department/program's staffing plan, as well as institutional priorities, into consideration. If approval for a sabbatical leave is not granted by the Provost due to the needs of the College, the sabbatical leave may be deferred. Moreover, faculty members may opt to delay consideration for a sabbatical to accommodate departmental continuity or course offerings. The faculty member should do so in consultation with and the support of their Department Chair/Program Coordinator. In either case, the deferred semester may be counted toward the faculty member’s next sabbatical leave. Ordinarily, faculty are permitted to defer and count up to two semester(s) toward the next sabbatical leave.
If the needs of the College do not preclude the granting of sabbatical leave, the Provost will evaluate the sabbatical leave request based on the following criteria:
intellectual validity of the project;
feasibility of research implementation;
clear plan for goals and outcomes; and
submission of the report of the faculty member’s accomplishments from the last sabbatical leave.
If the Provost has concerns regarding the faculty member’s proposed project, the Provost shall discuss these concerns with the faculty member and offer guidance on how the proposal may be strengthened for resubmission. If the application does not result in the awarding of a sabbatical leave, the faculty member is eligible to reapply the following cycle/year. The Provost, in consultation with the faculty member and the faculty member’s Department and/or Program Coordinator, will determine the most appropriate course of action regarding whether or not the intervening semesters shall be banked toward the faculty member’s eligibility to apply for sabbatical leave in the future.
Additional Guidelines
Faculty members are expected to take the approved leave as scheduled unless extraordinary circumstances require a change. Any change to an approved leave schedule requires written approval of the Provost, who will consult with the faculty member’s Department Chair/Program Coordinator to determine the impact of a change.
Upon return from leave, the faculty member’s teaching load during the academic year the leave is taken will be no less than three (3), except where adjustments must be made for Department Chairs/Program Coordinators or for other special duties. Course adjustments should seek to minimize the impact on course options for students.
While on sabbatical leave, a faculty member is entitled to participate in all College retirement, insurance, and other fringe benefit programs on the same terms as the faculty member participates when not on such leave. In the determination of the salary of a faculty member who returns after sabbatical leave, the time spent on leave will be considered as time spent in the service of the College. Similarly, the time spent on leave will be considered as time spent in the service of the College for purposes of promotion in rank and tenure applications.
Except for fellowships, scholarships, grants-in-aid, and nominal salary received as a visiting professor at another college or university or artistic performance, a faculty member on sabbatical leave may not accept remunerative employment during such leave unless written arrangements have been made and approved in advance by the Provost. Acceptance of remunerative employment in violation of this policy may result in the faculty member being required to return their salary and benefits.
A faculty member on sabbatical leave who wishes to extend the leave may apply for leave without pay and, if granted, the faculty member will be subject to all conditions governing such leave.
A member of the faculty in accepting a grant of sabbatical leave is obligated not only to pursue the work in the sabbatical application for which the leave was granted, but also to return to full-time teaching at the end of the leave. It is presumed, generally, that the faculty member will teach for at least one academic year following a leave. In the event that the faculty member does not return, then the faculty member shall be obligated to return to the College the salary and contributions by the College to the faculty member’s insurance and retirement received during the leave.</s> |
<s>[INST] Revised Sabbatical Policy.txt [/INST] Sabbatical Leave
Sabbatical leaves at Wheaton College are granted for the primary purpose of enhancing the value of the recipient’s further service to the College through study, research, creative works, or publication undertaken to improve pedagogical techniques, solve administrative problems, or broaden the scope of knowledge in the faculty member’s discipline or field of research.
Junior Sabbatical Leave
Non-tenured tenure-track faculty are eligible to be considered for one-semester sabbaticals at full pay or an academic year’s leave at half salary. These sabbaticals are usually taken in their third or fourth year following a successful retention review. The pre-tenure sabbatical may not be taken by a faculty member with a terminal contract. Moreover, a non-tenured tenure-track faculty member granted three or more years credit toward the probationary period for tenure at the time of initial appointment to Wheaton is not eligible for the pre-tenure sabbatical leave as they are ineligible to apply for a pre-tenure sabbatical leave in the year they stand for tenure.
The same guidelines as those for tenured faculty will apply. [May 13, 1963, p. 2715; November 18, 1963, p. 2728; December 2, 1988, p. 3762; March 5, 1999, pp. 4211-12; May 4, 2007, p. 4636]
Post Tenure Sabbatical Leave
Tenured full-time teaching faculty are eligible to be considered for sabbatical leave under one of two plans.
After six semesters of full-time credit course teaching or its equivalent, the faculty member will be eligible for a one-semester leave of two full credit courses or its equivalent at three-fourths pay; or
After twelve semesters of full-time credit course teaching or its equivalent, the faculty member will be eligible for a semester's leave of two full credit courses or its equivalent at full pay or an academic year's leave at half pay.
Current College Text
The recommendation of the faculty member's Department Chair/Program Coordinator is required in all cases. An applicant for sabbatical leave should inform the administration in writing of their plans before a date specified by the Provost's Office in the academic year proceeding the year of the sabbatical, and should file a report of their accomplishments afterwards. Since the sabbatical leave program represents an investment by the College, the faculty member must undertake substantial scholarly, creative, or pedagogical work which can be expected to result in an improvement in the quality of their future service to the College. Further, a faculty member may not normally apply to be on sabbatical in the academic year which would otherwise be the faculty member's final year of full-time teaching at the College.
Alternative Text
An applicant for sabbatical leave must complete and submit the Sabbatical Leave Request Form by no later than the date specified by the Provost's Office in the academic year preceding the year of the sabbatical. A faculty member may not normally apply to be on sabbatical in the academic year which would otherwise be the faculty member’s final year of full-time teaching at the College.
Since the sabbatical leave program represents an investment by the College, the faculty member awarded leave must undertake substantial scholarly, creative, or pedagogical work which can be expected to result in an improvement in the quality of the faculty member’s future teaching and research contributions to the College. Accordingly, the sabbatical leave request form requests applicants to include a current curriculum vitae, a statement of the project the faculty member plans to carry out during the proposed sabbatical including specific deliverables, and, if applicable, a copy of the report of accomplishments from the faculty member’s last sabbatical leave. The faculty member’s Department Chair/Program Coordinator will receive a copy of the sabbatical leave request form. The recommendation of Department Chair/Program Coordinator for the sabbatical leave is required.
Overall, the granting of sabbatical leave is dependent upon the needs of the College, including both budgetary and administrative considerations. The Provost will evaluate sabbatical leave requests based on the following criteria:
intellectual validity of the project;
feasibility of research implementation;
clear plan for goals and outcomes; and
submission of the report of the faculty member’s accomplishments from the last sabbatical leave.
Faculty members opting to delay consideration for a sabbatical should do so in consultation with their Department Chair/Program Coordinator. Course coverage and offerings during sabbatical leaves will be decided solely by the Office of the Provost, taking the department/program's staffing plan, as well as institutional priorities, into consideration. If the Provost has concerns regarding the faculty member’s proposed project, the Provost shall meet with the faculty member to discuss these concerns and offer guidance on how the proposal may be strengthened.
Faculty members are expected to take the approved leave as scheduled unless extraordinary circumstances require a change. Any change to an approved leave schedule requires written approval of the Provost, who will consult with the faculty member’s Department Chair/Program Coordinator to determine the impact of a change.
Upon return from leave, the faculty member’s teaching load during the academic year the leave is taken will be no less than three (3), except where adjustments must be made for Department Chairs/Program Coordinators or for other special duties. Course adjustments should seek to minimize the impact on course options for students.
Additional Guidelines
While on sabbatical leave, a faculty member is entitled to participate in all College retirement, insurance, and other fringe benefit programs on the same terms as the faculty member participates when not on such leave. In the determination of the salary of a faculty member who returns after sabbatical leave, the time spent on leave will be considered as time spent in the service of the College. Similarly, the time spent on leave will be considered as time spent in the service of the College for purposes of promotion in rank and tenure applications.
Except for fellowships, scholarships, grants-in-aid, and nominal salary received as a visiting professor at another college or university or artistic performance, a faculty member on sabbatical leave may not accept remunerative employment during such leave unless specific arrangements have been made and approved in advance by the Provost.
A faculty member on sabbatical leave who wishes to extend the leave may apply for leave without pay and, if granted, the faculty member will be subject to all conditions governing such leave.
A member of the faculty in accepting a grant of sabbatical leave is obligated not only to pursue the scholarly, creative, or pedagogical work for which the leave was granted, but also to return to full-time teaching at the end of the leave. It is presumed, generally, that the faculty member will teach for at least one academic year following a leave. In the event that the faculty member does not return, then the faculty member shall be obligated to return to the College the salary and contributions by the College to the faculty member’s insurance and retirement received during the leave.</s> |
<s>[INST] Revised Scheduled Class Meetings and Faculty Absences Policy (2.19).txt [/INST] Ohio Wesleyan University is committed to providing students with an in-person residential experience and believes that meeting in person provides the richest opportunity for student involvement, interaction, and growth. As such, in-person teaching is the expected norm, with both students and the instructor present on campus. Exceptions to this norm should generally be based on curricular/pedagogical benefits to the students, departmental/programmatic needs, or unique learning opportunities. In addition, faculty may occasionally require flexibility to participate in professional activities or to meet unplanned events such as inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs. Finally, remote teaching may be a reasonable accommodation under the Americans with Disabilities Act [ADA] where a disability prevents the instructor from successfully performing teaching in-person.
To balance these competing interests, the policies below provide clarity regarding how much instruction may occur remotely, be cancelled, covered with alternative assignments, or taught by colleagues. Violations of these policies may result in disciplinary action.
In-Person Expectation
Except for unforeseen events (see Remote Teaching below), all classes should be taught in-person at the time and location specified. All students and faculty are expected to be present in classes on campus.
As a residential university, the baseline expectation is that classes will be conducted in-person, with both students and the instructor present on campus, in the same place at the same time. Any significant changes to class meeting location, time, or frequency must be authorized by Academic Affairs and reported to the Registrar’s Office to update records.
Academic Affairs may make exceptions to expand learning opportunities when judged in the interest of the University (e.g., GLCA shared languages classes) or to respond to local or national conditions making it unsafe to meet in-person. See also the Remote Teaching section below.
Absences from Class
Faculty may occasionally need to be absent from class for professional activities such as attendance at conferences, illness, or because of unforeseen circumstances such as a family emergency or inclement weather. When absence from in-person class instruction is necessary, faculty must arrange either for a colleague to cover the missed class(es) or arrange for alternative assignments that permit student learning to continue.
If the number of classes missed exceeds one week of classes, the course instructor is expected to notify the Department Chair to ensure that an appropriate course substitution or coverage plan is put in place. Any absence from in-person class meetings on the part of the instructor of record that exceeds two weeks of classes in a row cumulative requires notification of the Department Chair and Academic Affairs as there may be Family and Medical Leave Act implications. See the Leave section for additional information.
Remote Teaching
Course instructors may temporarily move to remote teaching to participate in professional activities or to meet unplanned or crisis events such as inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs, as well as planned events such as participation in a professional activity. For purposes of this policy, remote teaching is defined as a temporary shift of face-to-face instructional delivery to an alternate delivery mode due to participating in a professional activity, unplanned event, or crisis circumstance. It involves the use of fully remote teaching solutions for instruction or education that would otherwise be delivered face-to-face and that will return to that format once the professional activity, unexpected event, or crisis circumstance has abated.
Instructors utilizing temporary remote teaching modalities due to a planned professional activity, unplanned event, or crisis circumstance must ensure that all students in the class have the technological and other resources necessary to engage effectively in their planned remote work. Consultation with the Department Chair and Academic Affairs is required for any course in which remote teaching is used as the main mode of student interaction for more than one week of class sessions, cumulative across a semester.
In recognition of academic freedom, instructors have the latitude to incorporate the use of technology in their course design to help students achieve course learning outcomes or present uniquely valuable learning opportunities. The course design, however, must maintain its face-to-face component as over utilization of remote learning technologies may result in the course being classified as a distance education or online course by the Department of Education or Higher Learning Commission. Thus, if the course design intends to utilize remote technologies as the main mode of student interaction for more than one week of class sessions, cumulative across a semester, the instructor must consult with and receive the approval of the Department Chair and Academic Affairs.
Finally, instructors with documented medical conditions that limit their participation in face-to-face classroom instruction may be eligible for a remote teaching accommodation at the conclusion of a formal Human Resources workplace accommodation process to determine what would constitute a reasonable accommodation. Instructors with a documented medical condition that precludes in-person teaching are encouraged to contact Human Resources to request an accommodation(s) pursuant to the University’s ADA/Accommodations policy.
Days Preceding Breaks
Unless an unplanned event or crisis circumstance (e.g., inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs) or planned professional activity preclude otherwise, instructors are expected to hold in-person classes on the days preceding a break such as Mid-Semester Break, Thanksgiving Break, and Spring Break. Cancelling such classes has the potential to encourage students to miss other classes.
Final Exams or Summative Assessments
Unless an unplanned event or crisis circumstance (e.g., inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs) preclude otherwise, course instructors administering final exams are expected to be present and available to answer questions related to final course projects.. Faculty exams and summative assessments must be scheduled in accordance with the Final Examination Policy published in the Catalog. Exceptions to this policy must be approved by the faculty member’s Department Chair.</s> |
<s>[INST] Revised Scheduled Class Meetings and Faculty Absences Policy.txt [/INST] Ohio Wesleyan University is committed to providing students with an in-person residential experience and believes that meeting in person provides the richest opportunity for student involvement, interaction, and growth. As such, in-person teaching is the expected norm, with both students and the instructor present on campus. Exceptions to this norm should generally be based on curricular/pedagogical benefits to the students, departmental/programmatic needs, or unique learning opportunities. In addition, faculty may occasionally require flexibility to participate in professional activities or to meet unplanned events such as inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs. Finally, remote teaching may be a reasonable accommodation under the Americans with Disabilities Act [ADA] where a disability prevents the instructor from successfully performing teaching in-person.
To balance these competing interests, the policies below provide clarity regarding how much instruction may occur remotely, be cancelled, covered with alternative assignments, or taught by colleagues. Violations of these policies may result in disciplinary action.
In-Person Expectation
Except for unforeseen events (see Remote Teaching below), all classes should be taught in-person at the time and location specified. All students and faculty are expected to be present in classes on campus.
As a residential university, the baseline expectation is that classes will be conducted in-person, with both students and the instructor present on campus, in the same place at the same time. Any significant changes to class meeting location, time, or frequency must be authorized by Academic Affairs and reported to the Registrar’s Office to update records.
Academic Affairs may make exceptions to expand learning opportunities when judged in the interest of the University (e.g., GLCA shared languages classes) or to respond to local or national conditions making it unsafe to meet in-person. See also the Remote Teaching section below.
Absences from Class
Faculty may occasionally need to be absent from class for professional activities such as attendance at conferences, illness, or because of unforeseen circumstances such as a family emergency or inclement weather. When absence from in-person class instruction is necessary, faculty must arrange either for a colleague to cover the missed class(es) or arrange for alternative assignments that permit student learning to continue.
If the number of classes missed exceeds one week of classes, the course instructor is expected to notify the Department Chair to ensure that an appropriate course substitution or coverage plan is put in place. Any absence from in-person class meetings on the part of the instructor of record that exceeds two weeks of classes in a row cumulative requires notification of the Department Chair and Academic Affairs as there may be Family and Medical Leave Act implications. See the Leave section for additional information.
Remote Teaching
Course instructors may temporarily move to remote teaching to participate in professional activities or to meet unplanned or crisis events such as inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs, as well as planned events such as participation in a professional activity. For purposes of this policy, remote teaching is defined as a temporary shift of face-to-face instructional delivery to an alternate delivery mode due to participating in a professional activity, unplanned event, or crisis circumstance. It involves the use of fully remote teaching solutions for instruction or education that would otherwise be delivered face-to-face and that will return to that format once the professional activity, unexpected event, or crisis circumstance has abated.
Instructors utilizing temporary remote teaching modalities due to a planned professional activity, unplanned event, or crisis circumstance must ensure that all students in the class have the technological and other resources necessary to engage effectively in their planned remote work. Consultation with the Department Chair and Academic Affairs is required for any course in which remote teaching is used as the main mode of student interaction for more than one week of class sessions, cumulative across a semester.
In recognition of academic freedom, instructors have the latitude to incorporate the use of technology in their course design to help students achieve course learning outcomes or present uniquely valuable learning opportunities. The course design, however, must maintain its face-to-face component as over utilization of remote learning technologies may result in the course being classified as a distance education or online course by the Department of Education or Higher Learning Commission. Thus, if the course design intends to utilize remote technologies as the main mode of student interaction for more than one week of class sessions, cumulative across a semester, the instructor must consult with and receive the approval of the Department Chair and Academic Affairs.
Finally, instructors with documented medical conditions that limit their participation in face-to-face classroom instruction may be eligible for a remote teaching accommodation at the conclusion of a formal Human Resources workplace accommodation process to determine what would constitute a reasonable accommodation. Instructors with a documented medical condition that precludes in-person teaching are encouraged to contact Human Resources to request an accommodation(s) pursuant to the University’s ADA/Accommodations policy.
Days Preceding Breaks
Unless an unplanned event or crisis circumstance (e.g., inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs) or planned professional activity preclude otherwise, instructors are expected to hold in-person classes on the days preceding a break such as Mid-Semester Break, Thanksgiving Break, and Spring Break. Cancelling such classes has the potential to encourage students to miss other classes.
Final Exams or Summative Assessments
Unless an unplanned event or crisis circumstance (e.g., inclement weather, a significant number of student illnesses, faculty illness, and faculty family needs) preclude otherwise, course instructors administering final exams are expected to be present and available to answer questions related to final course projects.. Faculty exams and summative assessments must be scheduled in accordance with the Final Examination Policy published in the Catalog. Exceptions to this policy must be approved by the faculty member’s Department Chair.</s> |
<s>[INST] REVISED Sexual Harassment Prevention.txt [/INST] 2.1.16 Sexual Harassment Prevention Policy
SEXUAL HARASSMENT PREVENTION POLICY
Effective Date:
October 9, 2018
Policy Number:
II-2.1.16
Supersedes:
Issuing Authority:
President
Responsible Officer:
Associate Vice President for Human Resources & Compliance
Applicability:
All members of the Canisius College community.
History:
Introduction
Canisius College (Canisius) is committed to maintaining a workplace free from sexual harassment. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Canisius’s commitment to a discrimination-free work environment together with Canisius’s Anti-Discrimination and Harassment Policy and Sexual and Gender-Based Misconduct Policy.
Sexual harassment is a form of workplace discrimination and is against the law.[1] All persons covered by this Policy have a legal right to a workplace free from sexual harassment and are urged to report sexual harassment by filing a complaint internally with Canisius. Complaints can also be filed with a government agency or in court under federal, state or local antidiscrimination laws.
Policy:
This Policy applies to the following persons regardless of immigration status: all employees, applicants for employment, interns (paid or unpaid), and contractors, subcontractors, vendors, consultants and other persons providing services in the workplace pursuant to a contract with Canisius or any of their employees who are providing services in the workplace.[2] (All of these persons are referred to in the remainder of this Policy singularly as “Covered Person” and collectively as “Covered Persons.”)
Sexual harassment is prohibited and will not be tolerated. Any Covered Person who engages in sexual harassment will be subject to remedial and/or disciplinary action (e.g., counseling, suspension or termination). Any Covered Person who believes he or she has been a target of sexual harassment should report it using the procedures explained below in the section titled “Reporting Sexual Harassment and Retaliation.”
Retaliation is prohibited. Canisius will not tolerate any retaliatory adverse action against any Covered Person who, in good faith, reports sexual harassment or who provides information, testifies or otherwise assists in any investigation of or proceeding involving sexual harassment. Any Covered Person who engages in such retaliation will be subject to disciplinary action, up to and including termination. Any Covered Person who believes he or she has been a target of retaliation should report it using the procedures explained below in the section titled “Reporting Sexual Harassment and Retaliation.”
Sexual harassment and retaliation are unlawful and a violation of this Policy and may subject Canisius to liability for harm to targets of such conduct. Persons who engage in sexual harassment and retaliation may also be subject to individual liability. Covered Persons of every level who engage in sexual harassment and/or retaliation, including managers and supervisors who engage in such conduct or who knowingly allow such conduct to continue, will be penalized for such misconduct.
All Covered Persons are encouraged to report any sexual harassment, retaliation or behaviors that violate this Policy. Canisius will provide a complaint form for reporting such conduct and filing complaints.
Managers and supervisors are required to report any complaint of sexual harassment or retaliation that they receive or any sexual harassment that they observe or become aware of to the Title IX Coordinator in the Human Resources Department.
Canisius will conduct a prompt and thorough investigation that ensures due process for all parties whenever management receives a complaint about sexual harassment or retaliation or otherwise knows of possible sexual harassment or retaliation occurring. Canisius will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment or retaliation is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation.
This Policy applies to all Covered Persons and all must follow and uphold it. This Policy must be provided to all employees and will be provided to employees upon hiring.
What Is “Sexual Harassment”?
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. This Policy prohibits sexual harassment even where it may not rise to the level of violating applicable law.
Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
Such conduct is made either explicitly or implicitly a term or condition of employment; or
Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.
A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.
Any Covered Person who feels harassed should make a report so that any violation of this Policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this Policy.
Examples of sexual harassment
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
Physical acts of a sexual nature, such as:
Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body or poking another person’s body;
Rape, sexual battery, molestation or attempts to commit these assaults.
Unwanted sexual advances or propositions, such as:
Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments;
Subtle or obvious pressure for unwelcome sexual activities.
Sexually oriented gestures, noises, remarks or jokes or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look.
Sexual or discriminatory displays or publications anywhere in the workplace, such as:
Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
Sabotaging an individual’s work;
Bullying, yelling, name-calling.
Who can be a target of sexual harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.
Where can sexual harassment occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.
Retaliation
Unlawful retaliation can be any action that could discourage a person from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours). This Policy prohibits retaliation even where it may not rise to the level of violating applicable law.
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
Made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
Testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;
Opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
Reported that another employee has been sexually harassed; or
Encouraged a fellow employee to report harassment.
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
Reporting Sexual Harassment and Retaliation
Preventing sexual harassment and retaliation is everyone’s responsibility. Canisius cannot prevent or remedy sexual harassment and retaliation unless it knows about them. Any Covered Person who has been subjected to behavior that may constitute sexual harassment or retaliation should report such behavior to his or her supervisor or manager or to the Title IX Coordinator in the Human Resources Department. Anyone who witnesses or becomes aware of potential instances of sexual harassment or retaliation should report such behavior to his or her supervisor or manager or to the Interim Title IX Coordinator in the Human Resources Department.
Reports of sexual harassment and/or retaliation may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all Covered Persons are encouraged to use this complaint form (“Complaint Form”). The complaint form is also available in Volume II of the campus wide Policy Manual, the Human Resources Portal or the Human Resources Department. Covered Persons who are reporting sexual harassment or retaliation on behalf of other persons should use the complaint form and note that it is on another person’s behalf.
Covered Persons who believe they have been a target of sexual harassment or retaliation may also seek assistance in other available forums, as explained below in the section on Legal Protections.
Supervisory Responsibilities
All supervisors and managers who receive a complaint or information about suspected sexual harassment or retaliation, observe what may be sexually harassing behavior or retaliation or for any reason suspect that sexual harassment or retaliation is occurring, are required to report such suspected sexual harassment or retaliation to the Interim Title IX Coordinator in the Human Resources Department.
In addition to being subject to discipline if they engaged in sexually harassing conduct or retaliation themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.
Supervisors and managers will also be subject to discipline for engaging in any retaliation or otherwise knowingly allowing retaliation to continue.
Complaint and Investigation of Sexual Harassment and Retaliation
All complaints or information about sexual harassment or retaliation will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner and will be confidential to the extent possible.
An investigation of any complaint, information or knowledge of suspected sexual harassment or retaliation will be prompt and thorough, commenced immediately and completed as soon as possible.
All allegations of sexual harassment occurring within the college’s education programs and activities as defined by the college’s Sexual and Gender-Based Misconduct (Title IX) Policy will be handled exclusively pursuant to the investigation and grievance procedures outlined in that policy. When the alleged sexual harassment conduct does not meet the college’s Sexual and Gender-Based Misconduct (Title IX) Policy definition of sexual harassment, then the college’s investigation and resolution efforts will be conducted in accordance with the college’s Anti-Discrimination and Harassment Policy. The determination of which policy will govern is in the sole discretion of the Title IX officer.
The college’s investigation, regardless of which policy governs, will be kept confidential to the extent possible. Moreover, all persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.
Any employee or other Covered Person may be required to cooperate as needed in an investigation of suspected sexual harassment or retaliation. Canisius will not tolerate retaliation against Covered Persons who file complaints, support another’s complaint or participate in an investigation regarding a violation of this Policy.
While the process may vary from case-to-case, investigations should be done in accordance with the following steps:
Upon receipt of complaint, the Interim Title IX Coordinator will conduct an immediate review of the allegations and take any interim actions, (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate. If the complaint is verbal, encourage the individual to complete the Complaint Form in writing. If he or she refuses, prepare a Complaint Form based on the verbal report.
Take steps to obtain and preserve emails, phone records and other documents relevant to the investigation.
Request and review all relevant documents, including all electronic communications.
Interview all parties involved, including any relevant witnesses;
Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
A list of all documents reviewed, along with a detailed summary of relevant documents;
A list of names of those interviewed, along with a detailed summary of their statements;
A timeline of events;
A summary of prior relevant incidents, reported or unreported; and
The basis for the decision and final resolution of the complaint, together with any corrective action(s).
Keep the written documentation and associated documents in a secure and confidential location.
Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document.
Inform the individual who reported of the right to file a complaint or charge externally as outlined below in the next section.
Legal Protections and External Remedies
Sexual harassment and retaliation are not only prohibited by this Policy but are also prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at Canisius, Covered Persons may also pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.
In addition to those outlined below, Covered Persons in certain industries may have additional legal protections.
New York State Human Rights Law (HRL)
The New York State Human Rights Law (HRL), codified at N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.
Complaints may be filed with DHR any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.
Complaining internally to Canisius does not extend the time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.
You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit, www.dhr.ny.gov.
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.
Civil Rights Act of 1964
The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified at 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.
The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
An employee alleging discriminated against at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at [email protected].
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
Contact the Local Police Department
If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
CANISIUS COLLEGE
COMPLAINT FORM
SEXUAL HARASSMENT AND RETALIATION
New York State Labor Law requires all employers to adopt a sexual harassment prevention policy that includes a complaint form to report alleged incidents of sexual harassment and retaliation.
If you believe that you have been subjected to sexual harassment or subjected to retaliation for reporting sexual harassment or assisting in an investigation of sexual harassment, you are encouraged to complete this form and submit it to the College’s Title IX Coordinator.
The Title IX Coordinator is Kathleen Brucato, located in FH 006, 716-888-3781, [email protected]. You will not be retaliated against for filing a complaint.
If you are more comfortable reporting verbally or in another manner, Canisius will complete this form and provide you with a copy and follow its sexual harassment prevention policy by investigating the claims are outlined at the end of this form.
For additional resources, visit:
ny.gov/programs/combatting-sexual-harassment-workplace
YOUR INFORMATION
Name: __________________________________
Work Address: ___________________________ Work Phone: ____________________
___________________________
Job Title: _______________________________ Email:__________________________
Best way to contact you: _____Email _____Phone _____In person
SUPERVISORY INFORMATION
Immediate Supervisor’s Name: _______________________________________________
Title: ____________________________________
Work Address: ____________________________ Work phone: ___________________
COMPLAINT INFORMATION
1. You complaint is about: ____ sexual harassment ____ retaliation
2. Your complaint is made about:
Name: ____________________________ Title:__________________________
Work Address:______________________ Work Phone: ___________________
______________________
Relationship to you: ___ Supervisor ___ Subordinate ___ Co-Worker ___ Other
3. Please describe what happened and how it is affecting you and your work. (Please use additional sheets of paper if necessary and attach any relevant documents or evidence.)
4. Date(s) conduct occurred: ________________________________________________
Is the conduct continuing? _____ Yes ____ No
5. Please list the name and contact information of any witnesses or individuals that may have information related to your complaint.
The last question is optional, but may help the investigation.
6. Have you previously complained or provided information (verbal or written) about related incidents? If yes, when and to whom did you complain or provide information?
If you have retained legal counsel and would like us to work with them, please provide their contact information.
Signature: _________________________________ Date: ________________________
Investigation Procedures
If Canisius receives a complaint about alleged sexual harassment or retaliation it will follow its sexual harassment prevention policy.
An investigation involves:
Speaking with the person making the complaint
Speaking with the alleged harasser
Interviewing witnesses
Collecting and reviewing any related documents
While the process may vary from case to case, all allegations will be investigated promptly and resolved as quickly as possible. The investigation will be kept confidential to the extent possible.
The findings of the investigation and basis for any decision along with any corrective actions taken will be documented and the person making the complaint and the individual(s) against whom the complaint was made will be notified. This may be done via email.
This form may also be viewed and completed in PDF format, listed below:
Canisius Sexual Harassment Complaint Form October 2018 final.pdf</s> |
<s>[INST] Revised_Faculty_Survey_on_ART_Policies_and_Procedures.txt [/INST] Faculty Survey on ART Policies and Procedures
Start of Block: Default Question Block
1 You are being invited to confidentially share your perspectives about Cal Lutheran’s Appointment, Rank & Tenure (ART) process.
We are a faculty task force that has been assembled to review our current ART policies and procedures. In collaboration with external consultants, we will be evaluating our current practices. As a part of this process, we are soliciting the feedback of our colleagues to better understand the full range of experiences and opinions about our current ART policies and practices. The goal is to present a proposal to FAC for Handbook changes by the end of February 2022.
Your participation is entirely voluntary and all your personal information will be kept confidential. The results of this survey will not be used for research purposes. Demographic questions are only to help us report on the nature of the full set of participants; responses will be reported in aggregate form only. Some questions have been adapted from The Collaborative on Academic Careers in Higher Education (COACHE), an annual tenure-track faculty job satisfaction survey coordinated and administered by Harvard University.
We greatly appreciate your time and your insights.
2
I. Demographic Background:
These first items gather basic demographic information about you.
3 How many years have you been employed at Cal Lutheran?
less than one year (1)
1-5 years (2)
6-10 years (5)
11-15 years (6)
16-20 years (7)
21-25 years (8)
26 years or more (12)
4 Have you held an academic appointment at another institution before being employed at Cal Lutheran?
Yes (1)
No (2)
Skip To: 5 If Have you held an academic appointment at another institution before being employed at Cal Lutheran? = Yes
5 For how many years did you have an academic appointment elsewhere?
less than one year (1)
1-2 years (2)
3-5 years (5)
6-8 years (6)
9-12 years (7)
13-15 years (8)
16-18 years (9)
19-21 years (10)
22-24 years (11)
25 years or more (12)
6 Please identify the rank of your current position:
Professor (1)
Associate Professor (2)
Assistant Professor (3)
Senior Lecturer (9)
Instructor (4)
Lecturer (5)
Senior Adjunct (10)
Adjunct (11)
Other (7)
Decline to answer (8)
7 Do you typically have 8 or more credits of release time for administrative duties?
Yes (1)
No (2)
Unsure (3)
8 Please identify your current tenure status:
Tenured (1)
Tenure Track (2)
Non-Tenure Track (3)
9 Please indicate the primary academic unit you affiliate with at California Lutheran University.
College of Arts and Sciences (1)
School of Management (2)
Graduate School of Education (3)
Graduate School of Psychology (4)
School for Professional and Continuing Studies (5)
Pacific Lutheran Theological Seminary (6)
10 Have you ever served on the Appointment, Rank, and Tenure Committee?
Yes (1)
No (2)
11 What is the highest degree you have earned?
Bachelor's (5)
Master's (2)
Doctorate (including J.D.) (1)
Decline to answer (4)
Page Break
12 How do you identify in terms of race/ethnicity?
American/Alaska Native (1)
Asian (2)
Black (3)
Hispanic/Latino (4)
Native Hawaiian/Pacific Islander (5)
White (6)
Multi-racial/Multi-Ethnic (9)
Other racial/ethnic identity (7) ________________________________________________
Decline to state (8)
13 How do you describe yourself in terms of gender?
Male (1)
Female (2)
Transgender (3)
Genderqueer/Gender NonConforming (5)
Different Identity (6)
Prefer not to say (7)
14 Please identify your age category:
22-24 (10)
25 - 34 (2)
35 - 44 (3)
45 - 54 (4)
55 - 64 (5)
65 - 74 (6)
75 - 84 (7)
Decline to answer (9)
Page Break
15
II. Tenure:
This set of items addresses various aspects surrounding tenure at Cal Lutheran.
16 Please rate the level of clarity you have regarding the following aspects of tenure at Cal Lutheran.
Not applicable (1)
Very clear (2)
Fairly clear (3)
Neither clear nor unclear (4)
Fairly unclear (5)
Very unclear (6)
Decline to answer (7)
I find the tenure process to be... (1)
I find the tenure criteria (what things are evaluated) to be... (2)
I find the tenure standards (the performance threshold) to be... (3)
I find the full body of evidence (the contents of the dossier and the confidential file) that will be considered in tenure decisions to be... (4)
17 Is what's expected in order to earn tenure clear to you regarding your performance as:
Not applicable (1)
Very clear (2)
Fairly clear (3)
Neither clear nor unclear (4)
Fairly unclear (5)
Very unclear (6)
Decline to answer (7)
a scholar (e.g., research and creative work) (1)
a teacher (2)
an advisor to students (3)
a colleague in your department or program (4)
a campus citizen (e.g., service, committees). (5)
a member of the broader community (e.g. service, outreach) (6)
18 Is what's expected in order to earn tenure reasonable to you regarding your performance as:
Not applicable (1)
Very reasonable (2)
Somewhat reasonable (3)
Neither reasonable nor unreasonable (4)
Somewhat unreasonable (5)
Very unreasonable (6)
Decline to answer (7)
a scholar (e.g., research and creative work) (1)
a teacher (2)
an advisor to students (3)
a colleague in your department or program (4)
a campus citizen (e.g., service, committees). (5)
a member of the broader community (e.g. service, outreach) (6)
19 How much mentoring (formal or informal) did you receive regarding how to approach the tenure process?
None at all (1)
A little (2)
A moderate amount (3)
A lot (4)
A great deal (5)
Not applicable (6)
Page Break
20
III. Promotion:
This next set of items asks about the promotion process at Cal Lutheran.
21 Please rate the level of clarity you have regarding the following aspects of promotion.
Not applicable (1)
Very clear (2)
Fairly clear (3)
Neither clear nor unclear (4)
Fairly unclear (5)
Very unclear (6)
Decline to answer (7)
the promotion from assistant professor to associate professor is... (1)
the promotion from lecturer to senior lecturer is... (7)
the promotion from associate professor to full professor is... (2)
the criteria (what things are evaluated) for promotion in rank are... (3)
the promotion standards (the performance thresholds) for promotion in rank are... (4)
the full body of evidence (the contents of the dossier and the confidential file) considered for promotion in rank is... (5)
the timeframe within which assistant or associate professors should apply for promotion in rank is... (6)
22 How much mentoring (formal or informal) did you receive regarding how to approach the promotion process?
None at all (1)
A little (2)
A moderate amount (3)
A lot (4)
A great deal (5)
Not applicable (6)
23
Please indicate the extent to which you agree or disagree with the following statements regarding tenure and promotion at Cal Lutheran:
24 From what I can gather, tenure and promotion decisions at Cal Lutheran are based primarily on performance rather than on politics, relationships or demographics.
Strongly agree (1)
Somewhat agree (2)
Neither agree nor disagree (3)
Somewhat disagree (4)
Strongly disagree (5)
Decline to answer (6)
25 From what I can gather, tenure and promotion criteria and standards are consistently applied to all candidates at Cal Lutheran.
Strongly agree (1)
Somewhat agree (2)
Neither agree nor disagree (3)
Somewhat disagree (4)
Strongly disagree (5)
Decline to answer (6)
26 I have received mixed messages about the requirements for tenure and promotion from senior colleagues.
Strongly agree (1)
Somewhat agree (2)
Neither agree nor disagree (3)
Somewhat disagree (4)
Strongly disagree (5)
Decline to answer (6)
Page Break
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27
III. Perspectives on specific ART practices and policies at Cal Lutheran.
These questions ask you to consider potential changes to our current system.
28 The current Faculty Handbook states that teaching effectiveness is "weighted most heavily." Should university-wide weight ranges be assigned to each evaluation category to clarify the promotion and tenure criteria and guidelines for both candidates and evaluators?
Yes (1)
No (2)
Unsure (3)
29 Because the nature of teaching effectiveness, scholarly productivity/professional service/creative works, and service differs in some respects among academic disciplines, should discipline-specific standards for tenure and promotion be developed by departments or program areas?
Yes (1)
No (2)
Unsure (3)
30 To what extent do you agree that contributions to diversity, equity, and inclusion should be added to the criteria for evaluation in tenure and promotion decisions? Such contributions can be part of teaching, advising, research, and/or service.
Strongly agree (1)
Somewhat agree (2)
Neither agree nor disagree (3)
Somewhat disagree (4)
Strongly disagree (5)
Decline to answer (6)
31 For the purposes of promotion and tenure, I think advising should be evaluated under...
Advising (i.e., remain as a stand-alone criterion) (1)
Teaching (2)
Service (3)
Other (4) ________________________________________________
Page Break
32
IV. Open-Ended Questions
The following questions ask you to share more generally about your perspectives and experiences with the ART process at Cal Lutheran.
33 In your opinion, on what are tenure decisions primarily based at Cal Lutheran?
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
34 What is working well with our current tenure and promotion practices at Cal Lutheran?
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
35 What are specific elements that could be improved with our current tenure and promotion practices at Cal Lutheran?
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
End of Block: Default Question Block
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Page 1 of 20</s> |
<s>[INST] Salary Policies.txt [/INST] Salary Policies
Dennison
Wabash - Merit
Northeastern University
https://faculty.northeastern.edu/handbook/
https://faculty.northeastern.edu/handbook/appointments-promotion-and-tenure/compensation/</s> |
<s>[INST] Sample Text for CLU Handbook.txt [/INST] Sample Text for CLU Handbook
Service to the Community Text:
https://www.gvsu.edu/provost/faculty-responsibilities-in-the-area-of-service-113.htm
Administrative Service
https://www.boisestate.edu/policy/academic-affairs-faculty-administration/policy-title-faculty-promotion-guidelines/
Appointments of academic administrators with tenured faculty appointments are governed by sections I.A and II.D.1 above. For academic administrators hired with a faculty appointment without tenure, a minimum of three years of service at Loyola Marymount University and at least three courses taught in the affiliate Department/Program are required before eligibility for tenure and promotion.
Applications for promotion in rank and/or advancement to tenure from academic officers shall follow the procedures for tenure and promotion for tenure-line faculty detailed in the Faculty Handbook and Handbook Addendum A (the Rank & Tenure Resource Manual). Academic administrators applying for tenure and/or promotion shall be evaluated according to departmental standards for quantity and quality of scholarship and/or creative works and for quality of teaching. At the time of appointment to the administrative post or at the time an administrator is advanced to the tenure track, the academic administrator/faculty member, Department Chair, Dean, and Provost shall enter into a Memorandum of Understanding outlining the service and administrative expectations for the administrator/faculty member. For pre-tenure administrators/faculty, the MOU shall also detail the timeline for tenure and promotion, including the minimum number of courses required and the scheduling of pre-tenure reviews. Changes to the MOU may only be made with the agreement of the academic administrator/faculty member, Department Chair, Dean, and Provost.
If denied tenure, the candidate may not re-apply for tenure and loses the tenure- line faculty appointment, though she/he may continue to serve in her/his administrative position. If a tenured administrator’s application for advancement in rank to full professor is denied, he/she may not reapply in the subsequent academic year.
Alleged Misconduct
Should allegations of serious misconduct against a faculty member arise during the tenure review process or after review, but before the date tenure is granted, the Dean has the discretion to either:
(1) Give the faculty member a full, written description of the alleged facts and
circumstances and invite his or her response. The faculty member’s response will be included, with the allegations, in the dossier.
or (2) Suspend the tenure evaluation process and refer the misconduct allegations to the appropriate internal bodies for resolution. Upon resolution, the tenure process will resume.
Allegations of serious misconduct include, but are not limited to, unethical conduct, violations of University policies concerning discrimination against a member of a protected class, grave personal misconduct that bears on one’s fitness as a faculty member, criminal acts and plagiarism.
Timing Issues
The Rank and Tenure Committee, Provost, and President will endeavor to complete their work consistent with the schedule outlined in the calendar. These dates should not be interpreted as guaranteed by the candidates. Therefore, a missed deadline by the Rank and Tenure Committee, Provost, or President is not an event subject to Grievance (see section 2.16 Grievance). The President will notify candidates in writing of any significant delay in the decision process.
Limited to Dossier
The process for promotion and appointment depends on a careful evaluation by a peer committee of all evidence deemed appropriate for consideration at the time the evaluation report is written. Subsequent recommendations by the department chair, dean or Provost should be based only on this body of evidence.
In order to be considered, additional evidence, that becomes available after the evaluation report is submitted, must be reviewed by the evaluation committee to determine if the evaluation report should be amended. The revision of the report must be done expeditiously so that the Promotions and Tenure Committee can act in a timely manner.
Expectations of Reviewers (Chapman)
a. At all stages of the review process, evaluation of faculty members shall be based on (1) the established unit criteria for tenure and/or promotion; (2) the annual report or electronic portfolio; and, (3) the faculty member's contractual responsibilities, which should be clearly defined by the faculty member in the review file materials.
b. With the exception of the Provost, reviewers shall consider only the material contained in the faculty member's portfolio. If a reviewer believes the material contained in the portfolio is insufficient for a thorough review, the reviewer may note this in his or her evaluation letter. However, a reviewer who believes a portfolio to be inadequate may not expand the scope of his or her review beyond the material in the portfolio to remedy this perceived inadequacy. The Provost, in making his or her decision, may consider pertinent employment information not contained within the critical year, tenure, or promotion portfolio.
Redlands
The members of the Faculty Review Committee individually read the dossier file of every faculty member undergoing review. After the Review Committee members have read a dossier, they may meet together with the appropriate Dean or the Provost to discuss the case. The members of the Review Committee and the administrator(s) limit their discussion strictly to the materials in the review dossier (§3.9.4), which are considered in light of the applicable criteria (§3.9.3) and standards (§§3.9.5, 3.9.7, 3.9.8, 3.9.9).
Information outside of the dossier that Committee members or an administrator might possess that is not reflected in the dossier is not admitted for consideration at any stage of the review process. As indicated above (§3.10.3), the Faculty Review Committee may augment the dossier as required by soliciting additional information from the candidate or from persons either on or off campus.
If the Review Committee determines that additional information is required regarding a specific issue, it also may invite the relevant department chair, a departmental or School designate, the Director of the Library, the Athletic Director, the relevant Dean, or the Provost to meet with the Committee. The Review Committee may not turn to one of its deliberating members for such information. If the Review Committee augments the review dossier through such a conversation, the Dean must notify the faculty member and summarize in writing any information entered into the dossier file to which the candidate might wish to respond. Such notification comprises the act of augmentation (maintaining confidentiality as in all aspects of the review process) and any new information to which the candidate might wish to respond. This process and the time-line for such a response are the same as stated in §3.10.5.
Besides letters from external reviewers, can there be material included in the dossier that is not made available to the candidate for review when he or she signs the signature statement?
Only the material identified in the Administrative Guidelines on page 8, III.C.2.k. (external letters of assessment), is listed as confidential and excluded from the candidate’s review or inspection. Before the dossier goes to the committee, the candidate signs a statement that he or she has reviewed all materials in the dossier, with the exception of that section. If material is added to the dossier afterwards, excluding the committee and administrative letters, the candidate should be so informed and be able to review it. (Page 8, III.C.2.l., .m.; page 11, III.F.; page 51, Appendix F.)
If candidates disagree with statements by peer or internal reviewers, may they ask that they be removed or write a rebuttal?
If statements are factually inaccurate, candidates should discuss their concerns with the department head who should do what is possible to correct factual errors. However, if the disagreement is with the evaluation itself, there should be no change, and no rebuttal. Candidates sign they have reviewed the dossier, not that they agree with any assessments made in it. If they feel that something about their intentions or methodology needs to be clarified, they may address that in their narrative statement. (Page 7, III.C.2.e, .f)
Can information be added to the dossier after the department committee has reviewed it, and if so, must the committee meet again to review the dossier and write a new letter?
It is not appropriate to add information to the dossier after it has been reviewed if that information was available at the time the dossier was assembled and reviewed, unless a significant error had been made. However, until February 15, if there are new achievements that might have an impact on the record–a judgment will need to be made by the appropriate administrator–then that information must be sent back to all who have already acted on the dossier. If the new information has no impact on the recommendation, then that is all that need be indicated. (Pages 11, III.F.)
Can a dossier be withdrawn after it has been sent forward for review?
Once a dossier has been completed and the candidate has signed that he or she has reviewed it, and the peer review committee begins its review, the formal process has begun. However, if it is a promotion review only, and if the peer review committee does not recommend promotion and the department head agrees, the head should discuss with the candidate the advisability of withdrawing the dossier from further consultation. (Pages 19, V.D.)
Division Criteria
LMU
College/School and Departmental Rank & Tenure (R&T) Standards
Every academic department is responsible for developing standards for the purpose of making recommendations on faculty advancement to tenure and/or promotion in rank. The following statement on Department Standards incorporates and embraces the spirit of the descriptions and expectations that define the Assistant, Associate, and Full Professor at LMU and as stated in the LMU Faculty Handbook. The term “department standards” applies to the program standards of autonomous programs and the school standards of the School of Education.
A. ESTABLISHMENT OF STANDARDS
1. Department Standards should take into consideration Loyola Marymount University’s Mission, the College or School’s Mission, the Department Departmental/Program’s Mission, principles of academic freedom, and, if appropriate, accepted practices in professional discipline-specific associations, as well as LMU’s commitments to supporting teaching and scholarship/creative work that crosses disciplinary boundaries.
2. Department Standards must incorporate rank and tenure standards, descriptions of expectations for teaching and advising, scholarship or creative works and service. Regarding scholarly and/or creative works, candidates must be evaluated on the basis of their entire body of work, with the expectation that evidence is demonstrated of ongoing productivity. Department Standards may define or stipulate what constitutes evidence of ongoing productivity.
3. Department Standards for advancement to tenure and/or promotion are submitted to the appropriate College or School Dean, who is responsible for coordinating this process.
56
4. Autonomous programs in a college or school may develop their own standards with permission of the respective Dean.
5. The School of Education (SOE) will develop School Standards rather than Department Standards.
6. The College or School Dean is responsible for ensuring appropriate consistency in protection of academic freedom, rigor, equity, and balance of Department Standards across the College or School. Therefore, the Dean will review, suggest revisions, and finally approve the Department Standards. Once approved, the Dean forwards the Department Standards to the Provost.
7. The Provost is responsible for ensuring appropriate consistency in protection of academic freedom, rigor, equity, and balance across Colleges and Schools. Therefore, the Provost reviews and, if necessary, returns Department Standards to the appropriate Dean with questions and/or suggestions for revisions. The Provost shall have final say over whether Department Standards conform to the rank and tenure standards, descriptions of expectations for teaching and advising, scholarship or creative works and service. The Provost will approve the final version of a Department’s Standards and then submit them to the President for authorization.
8. The President will authorize the final version of the Department or Program Standards and will return them to the Provost for distribution to the respective Dean and Department Chair. A copy of every set of Department and Program Standards will be maintained by the individual College or School.
PUBLIC ENGAGEMENT
For some candidates, public engagement may be a major facet of one or all three major domains (i.e., research, teaching, and service). Public engagement involves faculty members drawing on their expertise to address or respond to societal problems, concerns, issues, or interests to contribute to the public good. Notably, a continuum exists such that public engagement is more integral to the work of some faculty members than of others. Public engagement often occurs in collaboration with public or private communities or organizations at the local, state, national, or international level for the mutually beneficial exchange of knowledge and resources in a context of partnership and reciprocity. To the extent that they encapsulate the key concepts outlined here, a variety of other terms, such as civic scholarship, community partnerships, innovation and entrepreneurship engagement, outreach, public-facing scholarship, public impact research, public service, social innovation, and technology transfer, may be considered public engagement in the context of research, teaching, and/or service.
SEE UNIVERSITY OF ILLINOIS
Mission
https://www.whitworth.edu/cms/media/whitworth/documents/administration/academic-affairs/faculty-handbook/section%207.pdf
Mentoring
See also witworth
DEPARTMENT CHAIR CANDIDATES
Evaluation of Tenure and/or Promotion Forms: These forms are completed by: (1) the Department TAP committee; (2) the Department Chair; (3) the School TAP committee; and (4) the School Dean. These forms are filled and included in the dossier as successive evaluations take place. (If the candidate is a department chair, the department chair recommendation form will be completed by an Associate Dean or other senior faculty member in the school chosen by the dean.)
DEPARTMENT CHAIR
Annual Evaluations
The annual faculty evaluations are intentionally not part of the promotion portfolio. However, Department Chairs may use information from candidates’ annual evaluations to support their recommendation, e.g., in discussions of longitudinal development or particular milestones of achievement that would help put the chairs’ recommendation in proper context.
Collegiality
Can collegiality be a factor in tenure reviews?
If collegiality is to be considered as a factor, it should be according to its impact on the candidate’s contributions to one or more of the three cells evaluated in the dossier. For example, a candidate’s lack of collegiality, defined as the ability to collaborate and cooperate constructively, can be addressed in the teaching cell when it impinges on his or her ability to work with colleagues in advising students or in preparing them for prerequisites for more advanced courses, or in preparing them for group activities required of the academic discipline; or in the research cell when it impinges on the candidate’s ability to work collaboratively with colleagues in developing research or creative activities, or in creating grant proposals or organizing conferences; or in service when it prevents departmental committees or programs from functioning as they should.
At the same time, we need to heed the warning from the 1999 AAUP report, that “invoking collegiality as a separate element can insure homogeneity and threaten academic freedom. Moreover, it can be confused with the expectation that a faculty member exhibit enthusiasm, dedication, a constructive attitude, and a willingness to defer to the judgments of superiors.” (Chronicle for Higher Education, September 22, 1999)
PSU
ACCELERATED REVIEWS
Accelerated Reviews - Chapman
A faculty member is not typically considered for tenure or promotion if he or she fails to provide notice of intent by the published deadline; however, he or she may be considered if he or she can provide documentation of the extraordinary circumstances requiring immediate tenure or promotion consideration. The faculty member shall submit this documentation to the Chair of the Faculty Personnel Council (FPC) and to the Provost, who shall decide (1) if immediate review is warranted, and, (2) if warranted, what documentation shall be required. If an accelerated review is approved, the faculty member shall submit the requested documentation to the appropriate Unit Faculty Review Committee (FRC or FPRC, depending on rank) for evaluation. In cases where the appropriate Unit Faculty Review Committee is unable to review the file in a timely matter, the review shall be conducted by the chair of the Unit Faculty Review Committee, the Dean, the Chair of the FPC, and the Provost.
SCU - 3.4.3.2 Early Application for Tenure
Faculty members ordinarily are not encouraged to apply for tenure before the penultimate year of the probationary period. Early tenure requires evidence that the candidate has met the normal standards for tenure as specified in 3.4.2. A faculty member who wishes to apply before the penultimate year should consult with senior members of his or her department to determine if an early application is advisable.
If an early application for tenure is denied, the faculty member may not reapply until the penultimate year of the probationary period.</s> |
<s>[INST] SECONDARY ASSIGNMENTS POLICY.txt [/INST] SECONDARY ASSIGNMENTS POLICY
Effective Date:
Policy Number:
III – 3.6.7
Supersedes:
Not Applicable.
Issuing Authority:
President
Responsible Officer:
Associate Vice President, Human Resources & Compliance
Applicability:
All Canisius College employees.
History:
PURPOSE
The purpose of this policy is to establish guidelines regarding the acceptance of a Secondary Assignment within the college.
DEFINITIONS
Secondary Assignmentsare additional assignments within the college where the duties are clearly outside of the regular responsibilities of the employee’s primary job with the college.
POLICY
It is the policy of Canisius College to permit employees to accept a Secondary Assignment within the college under certain approved circumstances and in accordance with the guidelines set forth in this policy. Secondary Assignments are generally temporary and are not benefit-eligible, except where required by law.
Note: This policy does not govern secondary employment outside of Canisius College.
PROCEDURES/GUIDELINES
I. General Requirements for Secondary Assignments
The responsibilities associated with Secondary Assignment are clearly outside of the employee’s primary job responsibilities.
The intended Secondary Assignment does not diminish the employee’s effectiveness in the employee’s primary job with the college.
The college’s best interest is served by allowing the Secondary Assignment.
The employee is qualified to perform the responsibilities of the Secondary Assignment.
II. Procedures Applicable to All Secondary Assignments
Employees who seek a Secondary Assignment within Canisius College, including part-time teaching engagements, must obtain prior written approval from the employee’s current direct supervisor and area vice president. In determining Secondary Assignment eligibility, the supervisor and area vice president considers whether the assignment meets the general requirements described in this policy.
All Secondary Assignment pay is based on the applicable pay structure for the work to be performed and must be reported and paid in accordance with current payroll and FLSA guidelines:
A non-exempt employee must be compensated on an hourly basis for any Secondary Assignment and is entitled to overtime pay where applicable.
A non-exempt employee’s total hours among assignments will be accumulated to determine weekly overtime.
Supervisors are responsible for monitoring and ensuring compliance with this policy.
It is the responsibility of both the primary and secondary supervisors to coordinate with one another regarding applicable leave administration and compensation, including eligibility for overtime pay for non-exempt employees, where due.
Continuation of the Secondary Assignment will be reviewed at the time of the employee’s annual evaluation. If either the employee’s current direct supervisor and area vice president determines that the employee’s Secondary Assignment within the college interferes with the performance or ability of the employee to meet his or her primary job requirements, the Secondary Assignment will be terminated.
III. Procedures Relating to Staff Accepting Adjunct Teaching Assignments
The following procedures apply to staff employees seeking to accept an instructional assignment that are not part of their normal job responsibilities.
A. Staff Accepting Adjunct Teaching Assignments
Any staff member interested in adjunct teaching must possess the proper academic credentials or other demonstrated equivalent experience that provides evidence to support effective teaching and student achievement, as well as meet all institutional, accreditation, and regulatory requirements applicable to course instructors.
The teaching assignment must be approved by the staff member’s supervisor. If approved, the details of the teaching assignment and the compensation will be determined by the appropriate academic department chair, the academic dean, and the vice president for academic affairs. Staff approved to teach courses must continue to fulfill their primary employment responsibilities and otherwise meet the requirement set forth in Sections B and C below.
B. Balancing Primary and Secondary Adjunct Teaching Assignments
An eligible staff employee may seek a Secondary Assignment to teach a course as an adjunct instructor under one of the following conditions:
The staff member teaches the course during non-work hours (i.e., evenings or weekends);
The staff member, supervisor and area vice president agree on a flexible work schedule by which the staff member performs part of his or her primary job responsibilities outside normal work hours; or
The staff member teaches without charge to the college if the teaching is done during regular working hours and the employee’s supervisor and area vice president approves the teaching assignment.
Staff who teach as adjunct faculty in accordance with paragraph (1) or (2) above shall be compensated according to the regular compensation schedule for adjuncts. Adjunct compensation is not provided for staff whose normal job responsibilities include teaching as part of their primary assignment and on which their contract and base salary are based.
C. Course Limitations
A staff member is not permitted to accept a Secondary Assignment to teach more than one course per semester.
REFERENCING THE POLICY
Hours of Work Policy
Outside Activities Policy
Overtime Policy
Payment of Services Policy</s> |
<s>[INST] Section 7 Disciplinary Action Short of Dismissal.txt [/INST] Section 7 Disciplinary Action Short of Dismissal
The College encourages a supportive problem-solving approach to workplace problems. The process in this section will normally be implemented when a faculty member exhibits professional incompetence, neglect of obligations and responsibilities as set forth in the Faculty Bylaws, or gross personal misconduct that do not give rise to a major sanction (i.e., suspension or dismissal) and the conduct in question is not regulated under any other specific College policy (e.g., the Sexual and Gender-based Misconduct Policy for Faculty or the Unlawful Discrimination and Harassment Policy).
The imposition of disciplinary action short of suspension or dismissal for adequate cause is intended to provide faculty with notice of deficiencies and an opportunity to improve. Some conduct, however, may be of such serious nature that suspension or dismissal for adequate cause pursuant to Article IV, Section 8 may be appropriate and the College reserves the right to proceed with dismissal for adequate cause proceedings, without written reprimand or minor sanctions, even if the conduct at question constitutes a first offense.
The Provost’s Consultation with the Faculty Member
If the Provost has information that a faculty member is demonstrating professional incompetence, neglect of obligations and responsibilities as set forth in the Faculty Bylaws, or gross personal misconduct and the Provost believes that the situation will not be improved without administrative intervention, then the Provost will meet with the faculty member to discuss the concerns, to consider the faculty member’s response, and if possible to arrive at an informal resolution that is acceptable to the faculty member, to other involved parties (if any), and to the College.
The College expects that in the majority of cases problems will be resolved through such consultation and that further administrative action will be unnecessary. The written resolution shall be entered into the faculty member’s personnel file.
Written Reprimand
If the matter cannot be resolved through consultation, the Provost will issue a written reprimand to the faculty member. The Provost’s letter will specify the basis for the reprimand, identify appropriate remedial action(s), and invite the faculty member to respond in writing. Based upon that response, the Provost may modify the letter, withdraw it, or let it stand. The written warning and, if submitted, the faculty member's written response, shall be entered into the faculty member’s permanent personnel file.
A faculty member who believes that a written reprimand has been issued unfairly may petition the Appeals and Hearing Committee for redress ("Review and Appeals Procedures for Certain Faculty Grievances" in Article IV, Section 9).
Minor Sanctions
If the Provost believes that the matter cannot be resolved through consultation and that it is serious enough to warrant disciplinary action beyond a written reprimand, the Provost will impose a specific minor administrative sanction. Such sanction may include but is not necessarily limited to mandatory counseling or training, removal from an appointed position or assignment, reassignment of duties, or denial of a specific faculty privilege. The Provost’s written notice of sanction to the faculty member will include a summary of the case, including the evidence on which the sanction is based and the outcome the Provost hopes to achieve, as well as provide the faculty member with an opportunity to persuade the Provost that the proposed sanction not be implemented. A copy of the Provost’s letter and the response (if any) by the faculty member will be placed in the faculty member’s permanent personnel file.
A faculty member who believes that a minor sanction has been unjustly imposed may petition the Appeals and Hearing Committee for redress ("Review and Appeals Procedures for Certain Faculty Grievances" in Article IV, Section 9).
If the Provost believes that the conduct of a faculty member is sufficiently grave to justify a major administrative sanction (i.e., suspension or dismissal), then dismissal for adequate cause proceedings as described in Article IV, Section 8.2 will be initiated. The initiation of a proceeding to impose suspension or dismissal need not be preceded by steps described above.</s> |
<s>[INST] Sex Offenses.txt [/INST] </s> |
<s>[INST] Sexual and Gender-Based Misconduct Policy - Version 1.txt [/INST] </s> |
<s>[INST] SS Changes to Annual Security and Fire Safety Report (Clery Compliance)Draft 4.txt [/INST] </s> |
<s>[INST] SS Comments & Suggested Revisions to DRAFT Grievance and Dismissal (5.11).txt [/INST] 1
Dismissal and Complaint/Grievance Policy Revisions
Version 3 (2/24 Update)
Executive Summary: Proposal to revise the Grievance and Dismissal processes in the Faculty Policies Handbook. This proposal offers five shifts from current policy: 1) disentangle the dismissal and grievance processes; 2) clarify which elected faculty bodies hear and/or adjudicate dismissal and grievance proceedings; 3) incorporate AAUP guidelines and procedural protections in dismissal proceedings; 4) simplify the Complaint/Grievance processes such that the adjudicating committee can gather data and statements without the structure, demands and timeline of an evidentiary hearing, and 5) the creation of a new standing Complaints and Grievance Committee that will hear faculty complaints and grievances (the bar for grievable items has been lowered substantially). Of these proposed changes, #1 is a matter of good governance policy, #2, #4, and #5 are merely streamlining and clarifying policies and structures that already exist, and #3 is incorporating the policy recommendation regarding academic freedom and tenure that have been considered the standard in higher education since 1968.
Context: The Faculty Affairs Committee would be slightly expanded (probably to 6 members) and would be the adjudicating body in the event of faculty dismissals. The FAC would offer its professional recommendations on dismissal proceedings without its opinion being binding upon the President or Board of Regents. This would not be a substantial departure from current practices: such faculty hearing committees already exist. In dismissal proceedings, the Faculty Policies Handbook (pg. 79) currently charges ART/FAC as an adjudicating committee:
Prior to the implementation of the dismissal, the data supporting the adequate cause for such action will be presented in writing to the ART Committee by the President or the President’s designee. If the ART Committee has engaged in post-tenure review of the faculty member and in monitoring a development plan, the Faculty Affairs Committee will serve as the initial review committee. The committee will obtain a written or oral statement from the faculty member (depending on which is preferred by the faculty member) with regard to the charges, and any other data the committee deems pertinent. The committee as a whole will consider the evidence and render an opinion. The opinion will be given to the faculty member and to the President without the opinion being binding upon the President.
In addition to the ambiguity of the “development plan” language, there is also the notion that the Appointment, Rank, and Tenure committee is likely to be a party/witness to dismissal cases. Having it also function in an adjudicative capacity, in addition to the presence of the Provost on the ART committee, is procedurally problematic.
In the case of Grievance proceedings, the Faculty Policies Handbook (pg. 47) currently charges the Grievance Committee as a hearing committee:
The parties shall submit their evidence and witness lists to the Grievance Committee no later than seven calendar days prior to the hearing date. The Grievance Committee will cooperate with the grievant in securing witnesses and making available documentary and other evidence to the extent possible. The Grievance Committee shall promptly provide each party’s submitted evidence and witness lists to the other party. The committee may also request witnesses and documents that it believes would assist members in their deliberation. The Grievance Committee retains the right to exclude evidence if it determines it is irrelevant or prejudicial . . . The Grievance Committee will present its decision in writing within 15 business days of the hearing to the parties, the Vice President for Academic Affairs, and the President of the University . . . The President shall review the record and respond within 30 business days as to the final disposition of the grievance.
The grievance proceedings, as currently written, define grievable actions too narrowly and are not sufficiently specific in their charges to the grievance committee and assume a “hearing structure” that is unnecessarily complex for the task. Expanding the committee charge to hear what were formerly deemed “complaints,” and simplifying the fact-finding process, rightly situates an elected faculty body in a position of responsibility regarding faculty discipline whilst making clearer the relationship between the recommendations of the committee and the decision-making process and power of the university provost and president.
Policy Proposals Below
Dismissal is a severance action by which the University, for adequate cause, ends its employment relationship with members of the ranked faculty. Adequate cause for dismissal shall be based upon justifiable reasons (see 1.a below). The burden of proof that adequate cause exists shall rest with the University.
Dismissal Procedures (with minor modifications from AAUP Statement on Ac. Freedom and Tenure)
a. Adequate cause for a dismissal will be related, directly and substantially, to the fitness of faculty members in their professional capacities as teachers or researchers. Dismissal will not be used to restrain faculty members in their exercise of academic freedom or other rights of American citizens.9
Examples of conduct that may raise questions regarding a faculty member’s fitness as a teacher or researcher include, but not necessarily limited to:
demonstrated professional incompetence or dishonesty in teaching or research;
continued neglect of faculty responsibilities as set forth in this handbook despite oral and/or written warnings;
serious personal misconduct which substantially impairs the individual’s fulfillment of institutional responsibilities;
deliberate and serious violation of the rights and freedom of fellow faculty members, administrators, or students;
conviction of any felony;
conviction of a crime directly related to the faculty member’s fitness to practice their profession;
inability to perform the essential functions of the position despite reasonable accommodation (if requested pursuant to the University’s ADA Policy);*
theft or willful destruction of property;
serious failure to follow the canons and professional ethics of one’s discipline and those set down in the “Professional Ethics and Relations” section of this handbook;
falsification of credentials and experience;
failure to meet the performance standards set forth in the “Faculty Responsibilities” section of this handbook after oral and/or written warnings;
sexual harassment or unlawful discrimination of a student, University employee, or member of the University community (e.g., volunteer, vendor, etc.).**
* Dismissals because of a mental or physical disability for which no reasonable accommodation can be made are resolved pursuant to the Mental or Physical Disability Policy.
** Allegations of unlawful discrimination, harassment, and sexual and gender-based misconduct against a faculty member will be investigated and resolved pursuant to the Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy, as may be applicable.
b. Steps Prior to Dismissal: Dismissal of a faculty member with continuous tenure, or with a probationary or other nontenured appointment before the end of the specified term, will be preceded by (1) discussions, including a documented history thereof, between the faculty member and appropriate administrative officers looking toward a mutual settlement (2) informal inquiry by the Faculty Senate Executive Committee, which may, if it fails to effect an adjustment, determine whether in its opinion dismissal proceedings should be undertaken, without its opinion being binding upon the president; (3) a statement of charges, framed with reasonable particularity by the Provost or the Provost’s delegate.
(1) The Dean’s Consultation with the Faculty Member
If the faculty member’s Dean has evidence that the faculty member has demonstrated or is demonstrating conduct that may constitute adequate cause for dismissal as specified above, then the Dean will meet with the faculty member to discuss the concerns and to consider the faculty member’s response. If requested by the faculty member, the Dean will provide the faculty member with a written statement of concerns.
The Dean may request further investigation into the matter by other appropriate University personnel (i.e., human resources, Title IX Coordinator, etc.) before or after meeting with the faculty member. However, before moving beyond this stage in these procedures, the Dean will afford the faculty member a reasonable opportunity to respond to any information that the Dean believes would constitute adequate cause for dismissal and, if possible, arrive at a mutually agreeable settlement.
(2) Informal Consultation with the Faculty Senate Executive Committee
If the matter cannot be resolved through consultation with the faculty member and if the Dean believes that adequate cause for dismissal exists, the Dean forwards a recommendation for dismissal or severe sanction to the Provost. The Provost may meet with the faculty member, at the Provost’s discretion. At any time, if the Provost and the faculty member reach a mutually agreeable settlement, the matter will be concluded.
If the Provost believes that the faculty member has demonstrated or is demonstrating conduct that may constitute adequate cause for dismissal and a mutual settlement is not possible, the Provost will consult with the Faculty Senate Executive Committee to informally and confidentially consider the Dean’s recommendation for dismissal or severe sanction. The faculty member will be notified of this action by the Provost. The role of the Faculty Senate Executive Committee is to consider the Dean’s recommendation and consult with the Provost regarding the allegations. The committee does not serve a fact-finding role.
No later than five academic days after consulting with the Provost, the Faculty Senate Executive Committee may recommend a settlement acceptable to both the faculty member and the Provost, administrative disciplinary actions short of dismissal, that no administrative action be taken, that further investigation be undertaken, or that dismissal proceedings be initiated. The Faculty Senate Executive Committee’s recommendation is not binding on the Provost.
After considering the recommendations of the Faculty Senate Executive Committee, the Provost notifies in writing the faculty member:
that no action will be taken and the matter is concluded;
that further investigation into the matter by other appropriate University personnel (i.e., human resources, Title IX Coordinator, etc.) is warranted;
that the Provost intends to impose sanctions short of dismissal (see Alternatives to Dismissal section); or
that the Provost intends to issue a statement of charges that provides grounds for dismissal under the procedures specified below.
(3) Statement of Charges
If the Provost intends to seek the faculty member’s dismissal, the Provost will provide the faculty member with a written statement of charges, framed with reasonable particularity, indicating the charges that provide grounds for the proposed dismissal action. At the same time, the Provost will inform the faculty member that a formal review hearing before the Faculty Affairs Committee will be initiated as specified below.
c. Referral to Faculty Affairs Committee: A dismissal, as defined in Regulation 1a, will be preceded by a statement of charges, and the individual concerned will have the right to be heard initially by the Faculty Affairs Committee.10 Members of the committee deeming themselves disqualified for bias or interest will remove themselves from the case, either at the request of the chair of the committee or on their own initiative. When assembling the Dismissal Panel from the membership of the Faculty Affairs Committee, each party to the dismissal will have a maximum of one challenge without stated cause.11 After recusals and removals, the remaining members who will be adjudicating the case will hereafter be referred to as the hearing committee or Dismissal Panel. If there are not enough remaining members to form a panel the chair of the Faculty Affairs Committee will contact the Committee on Committees to request additional members, ideally selected from faculty in elected positions.
(1) Suspension: Pending a final decision by the hearing committee, the faculty member will be suspended, or assigned to other duties in lieu of suspension, by the President (or the President’s designee) only if immediate harm to the faculty member or others is threatened by continuance or the continued functioning of the faculty member in the position would substantially impair or disrupt the regular functions of the University. Except for emergency, life threatening situations, before suspending a faculty member, pending an ultimate determination of the faculty member’s status through the institution’s hearing procedures, the administration President (or the President’s designee) will consult with the Provost and Faculty Affairs Committee concerning the propriety, the length, and the other conditions of the suspension. A suspension that is intended to be final is a dismissal and will be treated as such. Salary will continue during the period of the suspension.
(2) The hearing committee may, with the consent of the parties concerned, hold joint prehearing meetings with the parties in order to (i) simplify the issues, (ii) effect stipulations of facts, (iii) provide for the exchange of documentary or other information, and (iv) achieve such other appropriate prehearing objectives as will make the hearing fair, effective, and expeditious, including but not limited to setting additional time for the gathering of documentary or other evidence.
(3) Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of adequate cause, the hearing committee will evaluate all available evidence and rest its recommendation upon the evidence in the record. Prior to issuing a recommendation, the committee may obtain testimony from witnesses and documentary or other evidence.
If the faculty member fails to attend the review hearing without reasonable cause and does not deny the charges or assert that the charges do not support a finding of adequate cause, then the hearing will not take place, the chair of the hearing committee will refer the matter to the President for final disposition, and the faculty member will have waived all grievance rights pertaining to the dismissal action.
(4) The hearing committee, in consultation with the President and the faculty member, will exercise its judgment as to whether the hearing should be public or private.
Alternative Text for Consideration
The proceedings will be closed and confidential, subject only to the need of the faculty member or the administration to comply with the procedures specified herein or to present evidence concerning the case in other judicial or administrative proceedings. Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers will be avoided so far as possible.
(5) During the proceedings the faculty member will be permitted to have an academic adviser and counsel of the faculty member’s choice. Neither the advisor nor legal counsel may actively participate in any aspect of the dismissal process (i.e., address the committee, question witnesses, raise objections, etc.), including but not limited to the hearing. The President (or President’s designee) will appoint a non-attorney administrator(s) to present the University’s case for dismissal.
(6) At the request of either party or the hearing committee, a representative of a responsible educational association will be permitted to attend the proceedings as an observer.
(7) A verbatim record of the hearing or hearings will be taken, and a copy will be made available to the faculty member without cost, at the faculty member’s request. The [Office of Human Resources] shall be the repository of the record. The record shall be considered confidential and only the parties to the case may access it.
(8) The burden of proof that adequate cause exists rests with the institution and will be satisfied only by clear and convincing the preponderance of the evidence in the record considered as a whole.
(9) The hearing committee will grant reasonable adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
(10) The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration Provost (or Provost’s designee) and other administrators as may be applicable will cooperate with the hearing committee in securing witnesses and in making available documentary and other evidence.
(11) The faculty member and the administration administrator(s) appointed by the President to present the case for dismissal will have the right to confront and cross-examine all witnesses. Where the witnesses cannot or will not appear, but the committee determines that the interests of justice require admission of their statements, the committee will identify the witnesses, disclose their statements, and, if possible, provide for interrogatories.
(12) In the hearing of charges of incompetence, the testimony will include that of qualified faculty members from this or other institutions of higher education.
(13) The hearing committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available.
(14) The findings of fact and the decision will be based solely on the hearing record.
(15) Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers will be avoided so far as possible until the proceedings have been completed, including consideration by the governing board of the University. The President, Provost, and the faculty member will be notified of the decision in writing and will be given a copy of the record of the hearing.
(16) If the hearing committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it will so report to the president. If the president rejects the report, the president will state the reasons for doing so, in writing, to the hearing committee and to the faculty member and provide an opportunity for the filing of a grievance response before transmitting the case to the governing board. If the hearing committee concludes that adequate cause for a dismissal has been established, but that an academic penalty less than dismissal would be more appropriate, it will so recommend, with supporting reasons.
Alternative Text for Consideration
Within [five (5) academic days of conclusion of the hearing, the Chair of the hearing committee will present to the President written findings of fact and recommendations as to the review of the faculty member's dismissal; copies must at the same time be sent to the faculty member and the Provost.
The committee report must contain written findings of fact and a recommendation whether the dismissal for cause action was warranted in light of the documented evidence
The committee’s written findings of fact and recommendation shall be based on a simple majority vote
Any dissenting opinions will be included in the written findings of fact and recommendation
President’s Independent Review and Decision
Within five (5) academic days after receipt of the hearing committee’s findings and recommendations, the President, in light of the documented evidence and hearing record, will issue an independent written decision on the matter, with copies to the committee, the faculty member, and the Provost.
If the President sustains the hearing committee recommendation that adequate cause to dismiss the faculty member does not exist, the matter will be concluded,
If the President determines that additional consideration by the committee is necessary, the President will remand the case back to the committee with specific objections.
If the President concludes that the administration has established adequate cause for a dismissal, but that a sanction(s) less than dismissal would be more appropriate, the sanction(s) and effective date of sanction(s) will be stated in the President’s letter with supporting reasons.
If the President concludes that the administration has established adequate cause for a dismissal and agrees that dismissal is appropriate, the effective date of the dismissal will be stated in the President’s letter with supporting reasons. The President’s decision will be final, pending the faculty member’s filing of a grievance in accordance with the Complaint and Grievance Procedures section of this handbook.
Grievance Rights
The President’s decision may be the basis of a formal grievance. Such grievance shall be limited to questions of inadequate consideration and/or whether the procedures set forth in this Dismissal for Adequate Cause Policy have been followed in the faculty member’s case. The grievance must be filed in writing within ten academic days of receiving written notification from the President of the final decision. The grievance committee will not substitute its judgment on the merits of the case, but rather determine whether the decision was the result of adequate consideration.
Action by the Governing Board
If dismissal or other severe sanction is recommended, the president will, on request of the faculty member, transmit to the governing board the record of the case. The governing board’s review will be based on the record of the committee hearing, and it will provide opportunity for argument, oral or written or both, by the principals at the hearing or by their representatives. The decision of the hearing committee will either be sustained or the proceedings returned to the committee with specific objections. The committee will then reconsider, taking into account the stated objections and receiving new evidence, if necessary. The governing board will make a final decision only after study of the committee’s reconsideration.
Procedures for Imposition of Sanctions other than Dismissal
a. If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave to justify imposition of a severe sanction, such as suspension from service for a stated period, the administration may institute a proceeding to impose such a severe sanction; the procedures outlined in “Dismissal Proceedings” herein will govern such a proceeding.
b. If the faculty member’s Dean or the Provost administration believes that the conduct of a faculty member justifies imposition of a minor sanction, such as a reprimand, it will notify the faculty member of the basis of the proposed sanction and provide the faculty member with an opportunity to persuade the administration that the proposed sanction should not be imposed. See the Alternatives to Dismissal clause for additional information.
A faculty member who believes that a major sanction has been incorrectly imposed under this paragraph, or that a minor sanction has been unjustly imposed, may, pursuant to the Complaint and Grievance Procedures section of this handbook Regulation 11, petition the faculty grievance committee for such action as may be appropriate.
Terminal Salary or Notice
If the appointment of a probationary faculty member or faculty member serving on a rolling contract is terminated, the faculty member will receive salary or notice in accordance with the following schedule: at least three months, if the final decision is reached by March 1 (or three months prior to the expiration) of the first year of probationary full-time service; at least six months, if the decision is reached by December 15 of the second year (or after nine months but prior to eighteen months) of probationary full-time service; at least one year, if the decision is reached after eighteen months of probationary full-time service or if the faculty member has tenure.12
See the Non-Reappointment of Probationary Faculty Members and Faculty on Rolling Contracts Policy,
With the exception of terminations due to mental or physical disability, this provision for terminal notice or salary need will not apply if the faculty member was terminated for adequate cause in accordance with the Dismissal Procedures above. in the event that there has been a finding that the conduct which justified dismissal involved moral turpitude. On the recommendation of the faculty hearing committee, or the president, the governing board, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member.
Academic Freedom and Protection against Discrimination
a. All members of the faculty, whether tenured or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and Universities and the American Association of University Professors.
b. All members of the faculty, whether tenured or not, are entitled to protection against illegal or unconstitutional discrimination by the University institution, or discrimination on a basis not demonstrably related to the faculty member’s professional performance. See the Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy for additional information. including but not limited to race, sex, religion, national origin, age, disability, marital status, or sexual orientation.
Complaints of Violation of Academic Freedom or of Discrimination in Nonreappointment
If a faculty member on probationary or other nontenured appointment alleges that a decision against reappointment was based significantly on considerations that violate (a) academic freedom or (b) governing policies on making appointments without prejudice with respect to race, sex, religion, national origin, age, disability, marital status, or sexual orientation, the allegation will be given preliminary consideration by the Faculty Affairs Committee, which will seek to settle the matter by informal methods. The allegation will be accompanied by a statement that the faculty member agrees to the presentation, for the consideration of the faculty committee, of such reasons and evidence as the institution may allege in support of its decision. If the difficulty is unresolved at this stage and if the committee so recommends, the matter will be heard in the manner set forth in “Dismissal Proceedings” above, except that the faculty member making the complaint is responsible for stating the grounds upon which the allegations are based and the burden of proof will rest upon the faculty member. If the faculty member succeeds in establishing a prima facie case, it is incumbent upon those who made the decision against reappointment to come forward with evidence in support of their decision. Statistical evidence of improper discrimination may be used in establishing a prima facie case.
An allegation that that a decision against reappointment was based on unlawful discrimination will be referred to the Assistant Director of Human Resources or Title IX Coordinator to be investigated according to the provisions of Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy, as may be applicable. Allegations of unlawful discrimination will be considered and resolved before the case is presented to the Faculty Affairs Committee. Any resolution reached via the applicable policy above on the basis of an investigation into charges of unlawful discrimination related to a proposed non-reappointment will be provided to the Faculty Affairs Committee if the case is presented to it.
Administrative Personnel
The foregoing regulations apply to administrative personnel who hold academic rank, but only in their capacity as faculty members. Administrators who allege that a consideration that violates academic freedom or governing policies against improper discrimination, as stated in Regulation 6, significantly contributed to a decision to terminate their appointment to an administrative post or not to reappoint them are entitled to the procedures set forth in Regulation 6.
Political Activities of Faculty Members
Faculty members, as citizens, are free to engage in political activities. Where necessary, leaves of absence may be given approved by the Provost (or designee) for the duration of an election campaign or a term of office, on timely application, and for a reasonable period of time. The terms of such leave of absence will be set forth in writing, and the leave will not affect unfavorably the tenure status of a faculty member, except that time spent on such leave will not count as probationary service unless otherwise agreed to.13
Part-Time Faculty Appointments
a. After having been reappointed beyond an initial term, a part-time faculty member who is subsequently notified of nonreappointment will be advised upon request of the reasons that contributed to the decision. Upon the faculty member’s further request, the reasons will be confirmed in writing. The faculty member will be afforded opportunity for review of the decision by the Faculty Affairs Committee].
b. For part-time faculty members who have served for three or more terms within a span of three years, the following additional protections of academic due process apply:
(1) Written notice of reappointment or nonreappointment will be issued no later than one month before the end of the existing appointment. If the notice of reappointment is to be conditioned, for example, on sufficiency of student enrollment or on financial considerations, the specific conditions will be stated with the issuance of the notice.
(2) When the part-time faculty member is denied reappointment to an available assignment (one with substantially identical responsibilities assigned to another part-time faculty member with less service), if the nonreappointed faculty member alleges that the decision was based on inadequate consideration, the allegation will be subject to review by the Faculty Affairs Committee. If this body, while not providing judgment on the merits of the decision, finds that the consideration has been inadequate in any substantial respects, it will remand the matter for further consideration accordingly.15
c. Prior to consideration of reappointment beyond a seventh year, part-time faculty members who have taught at least twelve courses or six terms within those seven years shall be provided a comprehensive review with the potential result of (1) appointment with part-time tenure [where such exists], (2) appointment with part-time continuing service, or (3) nonreappointment. Those appointed with tenure shall be afforded the same procedural safeguards as full-time tenured faculty. Those offered additional appointment without tenure shall have continuing appointments and shall not be replaced by part-time appointees with less service who are assigned substantially identical responsibilities without having been afforded the procedural safeguards associated with dismissal.
Other Academic Staff
a. In no case will a member of the academic staff who is not otherwise protected by the preceding regulations that relate to dismissal proceedings be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee.20 (A dismissal is a termination before the end of the period of appointment.)
b. With respect to the nonreappointment of a member of such academic staff who establishes a prima facie case to the satisfaction of a duly constituted committee that considerations that violate academic freedom, or of governing policies against improper discrimination as stated in “Complaints of Violation of Academic Freedom or of Discrimination in Nonreappointment,” significantly contributed to the nonreappointment, the academic staff member will be given a statement of reasons by those responsible for the nonreappointment and an opportunity to be heard by the committee.
Grievance Procedures
a. Before pursuing a formal grievance procedure, if the grievant feels comfortable in doing so, they should appeal to the person or official body responsible for the actions to which the grievant has objection or to the immediate supervisor, if any, of that person or body to determine if the complaint or problem may be resolved without resorting to formal action. This would normally be the department chair, program director or the dean, and such a meeting, including suggested remedies and points of discussion, should be documented by both parties. If the complainant is not comfortable addressing it with an immediate supervisor, they may address the issue with the next highest administrator or supervisor. Formal grievance procedures may be initiated when a complainant has been unsuccessful in resolving the matter informally.
b. If any faculty member alleges cause for grievance in any matter not covered by the procedures described in the foregoing regulations, the faculty member may petition the elected Faculty Grievance Committee for redress. Such grievable issues include, but are not limited to:
workload,
teaching assignments,
annual evaluation,
disputes among faculty members,
infringement of academic freedom,
disciplinary actions,
retaliation,
improper scheduling,
denial of sabbatical,
denial of reappointment,
denial of promotion, or
prejudicial denial of salary increases.
c. The faculty grievant will prepare a petition that sets forth in detail the nature of the grievance and shall state against whom the grievance is directed. It shall contain any data which the grievant deems pertinent to the case. The grievance consists of a written appeal, and any supporting documentation, which is transmitted by the faculty member to the Grievance Committee and to the University Provost, or where the grievance is against the action of the University Provost or President, to the President. The grievance petition should include the following:
A clear statement of facts upon which the grievance is based, including an explanation of how the faculty member alleges he or she has been adversely affected and the specific relief requested
An identification of the person(s) or the college or University policy or procedure considered responsible for the alleged adverse condition, action, or inaction upon which the grievance is based and an explanation of why the person(s) is considered responsible or why the college or University policy or procedure is considered improper
d. Upon receiving a grievance petition, any member of the Grievance Committee should recuse themselves from the case if they have or could be perceived to have a bias or a conflict of interest.
e. The Grievance Committee (absent any recused members) will decide whether the grievance merits further investigation. The submission of a petition will not automatically result in an investigation or detailed consideration of the grievance. If the Grievance Committee determines that a further investigation is not warranted, it shall report that finding to the grievant within thirty days of receipt of the grievance. If the Grievance Committee determines that further action is warranted, it will be provided with all relevant information and will seek, in consultation with the Provost, or where the grievance is against the action of the University Provost the President, to bring about a settlement of the issue. The Provost or President shall indicate in writing their proposed terms of settlement.
f. If such a settlement is not possible or is inappropriate, the Grievance Committee Panel can request further information on the matters relevant to the grievance petition. Upon receipt of the statement of charges, the person(s) against whom, or representing the unit against which, the grievance is lodged shall, if they wish to reply, have twenty (20) business days to present a response to the charges to the chair of the Grievance Committee. The response must be in writing, and should include any relevant information, argumentation, or evidence that bears upon the matters relevant to the grievance.
g. Within five (5) business days after receipt of the response to the statement of charges from the party(ies) against whom the grievance has been lodged, the chair of the Grievance Committee shall have prepared and distributed to the grievant and to each member of the committee a complete copy of the response. The Grievance Committee shall, within twenty (20) days of receipt of the response, deliver its final recommendation and/or position to the faculty member and Provost, or if the Provost if party to the Grievance, to the University President.
Appeal to the President Ordinarily the decision of the Provost shall be final and conclusive. However, an affected party may present a request, in writing, to the President within ten (10) business days after receipt of the Provost’s decision, asking to review the record of the process. Within twenty (20) business days after receipt of a request from an affected party, the President will either affirm the decision of the Provost or make additional or different determinations. The decision of the President is final.
Membership of the Grievance Committee: The Grievance Committee should be a standing committee, elected by the faculty from within its ranks, with the charge of representing and governing the business of the faculty. If, after recusals and removals there are not enough remaining members to assemble at least a 3-member panel, the Grievance Committee chair should contact the Committee on Committees chair to request the temporary appointment of additional members for the purpose of constituting a sufficient committee. No officer of the administration will serve on the committee (including Deans, Associate Deans, and Assistant Deans).
Conflict of Interest and Recusal. Conflicts of Interest include situations in which an individual’s financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of affecting, an individual’s professional judgment in exercising any University duty or responsibility. In both grievance and dismissal proceedings members should recuse themselves from a grievance or dismissal proceeding if they deem themselves unable to exercise professional judgment.
Confidentiality: It is expected that confidentiality will be maintained in the conduct of the all committee deliberations. The mere suspicion of wrongdoing, even if totally unjustified, is potentially damaging. Information concerning any grievance and/or dismissal proceedings must be held in strictest confidence and should be available only to those with a right or a need to know.</s> |
<s>[INST] SS Comments & Suggested Revisions to DRAFT Grievance and Dismissal (5.12).txt [/INST] 1
Dismissal and Complaint/Grievance Policy Revisions
Version 3 (2/24 Update)
Executive Summary: Proposal to revise the Grievance and Dismissal processes in the Faculty Policies Handbook. This proposal offers five shifts from current policy: 1) disentangle the dismissal and grievance processes; 2) clarify which elected faculty bodies hear and/or adjudicate dismissal and grievance proceedings; 3) incorporate AAUP guidelines and procedural protections in dismissal proceedings; 4) simplify the Complaint/Grievance processes such that the adjudicating committee can gather data and statements without the structure, demands and timeline of an evidentiary hearing, and 5) the creation of a new standing Complaints and Grievance Committee that will hear faculty complaints and grievances (the bar for grievable items has been lowered substantially). Of these proposed changes, #1 is a matter of good governance policy, #2, #4, and #5 are merely streamlining and clarifying policies and structures that already exist, and #3 is incorporating the policy recommendation regarding academic freedom and tenure that have been considered the standard in higher education since 1968.
Context: The Faculty Affairs Committee would be slightly expanded (probably to 6 members) and would be the adjudicating body in the event of faculty dismissals. The FAC would offer its professional recommendations on dismissal proceedings without its opinion being binding upon the President or Board of Regents. This would not be a substantial departure from current practices: such faculty hearing committees already exist. In dismissal proceedings, the Faculty Policies Handbook (pg. 79) currently charges ART/FAC as an adjudicating committee:
Prior to the implementation of the dismissal, the data supporting the adequate cause for such action will be presented in writing to the ART Committee by the President or the President’s designee. If the ART Committee has engaged in post-tenure review of the faculty member and in monitoring a development plan, the Faculty Affairs Committee will serve as the initial review committee. The committee will obtain a written or oral statement from the faculty member (depending on which is preferred by the faculty member) with regard to the charges, and any other data the committee deems pertinent. The committee as a whole will consider the evidence and render an opinion. The opinion will be given to the faculty member and to the President without the opinion being binding upon the President.
In addition to the ambiguity of the “development plan” language, there is also the notion that the Appointment, Rank, and Tenure committee is likely to be a party/witness to dismissal cases. Having it also function in an adjudicative capacity, in addition to the presence of the Provost on the ART committee, is procedurally problematic.
In the case of Grievance proceedings, the Faculty Policies Handbook (pg. 47) currently charges the Grievance Committee as a hearing committee:
The parties shall submit their evidence and witness lists to the Grievance Committee no later than seven calendar days prior to the hearing date. The Grievance Committee will cooperate with the grievant in securing witnesses and making available documentary and other evidence to the extent possible. The Grievance Committee shall promptly provide each party’s submitted evidence and witness lists to the other party. The committee may also request witnesses and documents that it believes would assist members in their deliberation. The Grievance Committee retains the right to exclude evidence if it determines it is irrelevant or prejudicial . . . The Grievance Committee will present its decision in writing within 15 business days of the hearing to the parties, the Vice President for Academic Affairs, and the President of the University . . . The President shall review the record and respond within 30 business days as to the final disposition of the grievance.
The grievance proceedings, as currently written, define grievable actions too narrowly and are not sufficiently specific in their charges to the grievance committee and assume a “hearing structure” that is unnecessarily complex for the task. Expanding the committee charge to hear what were formerly deemed “complaints,” and simplifying the fact-finding process, rightly situates an elected faculty body in a position of responsibility regarding faculty discipline whilst making clearer the relationship between the recommendations of the committee and the decision-making process and power of the university provost and president.
Policy Proposals Below
Dismissal is a severance action by which the University, for adequate cause, ends its employment relationship with members of the ranked faculty. Adequate cause for dismissal shall be based upon justifiable reasons (see 1.a below). The burden of proof that adequate cause exists shall rest with the University.
Dismissal Procedures (with minor modifications from AAUP Statement on Ac. Freedom and Tenure)
a. Adequate cause for a dismissal will be related, directly and substantially, to the fitness of faculty members in their professional capacities as teachers or researchers. Dismissal will not be used to restrain faculty members in their exercise of academic freedom or other rights of American citizens.9
Examples of conduct that may raise questions regarding a faculty member’s fitness as a teacher or researcher include, but not necessarily limited to:
demonstrated professional incompetence or dishonesty in teaching or research;
continued neglect of faculty responsibilities as set forth in this handbook despite oral and/or written warnings;
serious personal misconduct which substantially impairs the individual’s fulfillment of institutional responsibilities;
deliberate and serious violation of the rights and freedom of fellow faculty members, administrators, or students;
conviction of any felony;
conviction of a crime directly related to the faculty member’s fitness to practice their profession;
inability to perform the essential functions of the position despite reasonable accommodation (if requested pursuant to the University’s ADA Policy);*
theft or willful destruction of property;
serious failure to follow the canons and professional ethics of one’s discipline and those set down in the “Professional Ethics and Relations” section of this handbook;
falsification of credentials and experience;
failure to meet the performance standards set forth in the “Faculty Responsibilities” section of this handbook after oral and/or written warnings;
sexual harassment or unlawful discrimination of a student, University employee, or member of the University community (e.g., volunteer, vendor, etc.).**
* Dismissals because of a mental or physical disability for which no reasonable accommodation can be made are resolved pursuant to the Mental or Physical Disability Policy.
** Allegations of unlawful discrimination, harassment, and sexual and gender-based misconduct against a faculty member will be investigated and resolved pursuant to the Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy, as may be applicable.
b. Steps Prior to Dismissal: Dismissal of a faculty member with continuous tenure, or with a probationary or other nontenured appointment before the end of the specified term, will be preceded by (1) discussions, including a documented history thereof, between the faculty member and appropriate administrative officers looking toward a mutual settlement (2) informal inquiry by the Faculty Senate Executive Committee, which may, if it fails to effect an adjustment, determine whether in its opinion dismissal proceedings should be undertaken, without its opinion being binding upon the president; (3) a statement of charges, framed with reasonable particularity by the Provost or the Provost’s delegate.
(1) The Dean’s Consultation with the Faculty Member
If the faculty member’s Dean has evidence that the faculty member has demonstrated or is demonstrating conduct that may constitute adequate cause for dismissal as specified above, then the Dean will meet with the faculty member to discuss the concerns and to consider the faculty member’s response. If requested by the faculty member, the Dean will provide the faculty member with a written statement of concerns.
The Dean may request further investigation into the matter by other appropriate University personnel (i.e., human resources, Title IX Coordinator, etc.) before or after meeting with the faculty member. However, before moving beyond this stage in these procedures, the Dean will afford the faculty member a reasonable opportunity to respond to any information that the Dean believes would constitute adequate cause for dismissal and, if possible, arrive at a mutually agreeable settlement.
(2) Informal Consultation with the Faculty Senate Executive Committee
If the matter cannot be resolved through consultation with the faculty member and if the Dean believes that adequate cause for dismissal exists, the Dean forwards a recommendation for dismissal or severe sanction to the Provost. The Provost may meet with the faculty member, at the Provost’s discretion. At any time, if the Provost and the faculty member reach a mutually agreeable settlement, the matter will be concluded.
If the Provost believes that the faculty member has demonstrated or is demonstrating conduct that may constitute adequate cause for dismissal and a mutual settlement is not possible, the Provost will consult with the Faculty Senate Executive Committee to informally and confidentially consider the Dean’s recommendation for dismissal or severe sanction. The faculty member will be notified of this action by the Provost. The role of the Faculty Senate Executive Committee is to consider the Dean’s recommendation and consult with the Provost regarding the allegations. The committee does not serve a fact-finding role.
No later than five academic days after consulting with the Provost, the Faculty Senate Executive Committee may recommend a settlement acceptable to both the faculty member and the Provost, administrative disciplinary actions short of dismissal, that no administrative action be taken, that further investigation be undertaken, or that dismissal proceedings be initiated. The Faculty Senate Executive Committee’s recommendation is not binding on the Provost.
After considering the recommendations of the Faculty Senate Executive Committee, the Provost notifies in writing the faculty member:
that no action will be taken and the matter is concluded;
that further investigation into the matter by other appropriate University personnel (i.e., human resources, Title IX Coordinator, etc.) is warranted;
that the Provost intends to impose sanctions short of dismissal (see Alternatives to Dismissal section); or
that the Provost intends to issue a statement of charges that provides grounds for dismissal under the procedures specified below.
(3) Statement of Charges
If the Provost intends to seek the faculty member’s dismissal, the Provost will provide the faculty member with a written statement of charges, framed with reasonable particularity, indicating the charges that provide grounds for the proposed dismissal action. At the same time, the Provost will inform the faculty member that a formal review hearing before the Faculty Affairs Committee will be initiated as specified below.
c. Referral to Faculty Affairs Committee: A dismissal, as defined in Regulation 1a, will be preceded by a statement of charges, and the individual concerned will have the right to be heard initially by the Faculty Affairs Committee.10 Members of the committee deeming themselves disqualified for bias or interest will remove themselves from the case, either at the request of the chair of the committee or on their own initiative. When assembling the Dismissal Panel from the membership of the Faculty Affairs Committee, each party to the dismissal will have a maximum of one challenge without stated cause.11 After recusals and removals, the remaining members who will be adjudicating the case will hereafter be referred to as the hearing committee or Dismissal Panel. If there are not enough remaining members to form a panel the chair of the Faculty Affairs Committee will contact the Committee on Committees to request additional members, ideally selected from faculty in elected positions.
(1) Suspension: Pending a final decision by the hearing committee, the faculty member will be suspended, or assigned to other duties in lieu of suspension, by the President (or the President’s designee) only if immediate harm to the faculty member or others is threatened by continuance or the continued functioning of the faculty member in the position would substantially impair or disrupt the regular functions of the University. Except for emergency, life threatening situations, before suspending a faculty member, pending an ultimate determination of the faculty member’s status through the institution’s hearing procedures, the administration President (or the President’s designee) will consult with the Provost and Faculty Affairs Committee concerning the propriety, the length, and the other conditions of the suspension. A suspension that is intended to be final is a dismissal and will be treated as such. Salary will continue during the period of the suspension.
(2) The hearing committee may, with the consent of the parties concerned, hold joint prehearing meetings with the parties in order to (i) simplify the issues, (ii) effect stipulations of facts, (iii) provide for the exchange of documentary or other information, and (iv) achieve such other appropriate prehearing objectives as will make the hearing fair, effective, and expeditious, including but not limited to setting additional time for the gathering of documentary or other evidence.
(3) Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of adequate cause, the hearing committee will evaluate all available evidence and rest its recommendation upon the evidence in the record. Prior to issuing a recommendation, the committee may obtain testimony from witnesses and documentary or other evidence.
If the faculty member fails to attend the review hearing without reasonable cause and does not deny the charges or assert that the charges do not support a finding of adequate cause, then the hearing will not take place, the chair of the hearing committee will refer the matter to the President for final disposition, and the faculty member will have waived all grievance rights pertaining to the dismissal action.
(4) The hearing committee, in consultation with the President and the faculty member, will exercise its judgment as to whether the hearing should be public or private.
Alternative Text for Consideration
The proceedings will be closed and confidential, subject only to the need of the faculty member or the administration to comply with the procedures specified herein or to present evidence concerning the case in other judicial or administrative proceedings. Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers will be avoided so far as possible.
(5) During the proceedings the faculty member will be permitted to have an academic adviser and counsel of the faculty member’s choice. Neither the advisor nor legal counsel may actively participate in any aspect of the dismissal process (i.e., address the committee, question witnesses, raise objections, etc.), including but not limited to the hearing. The President (or President’s designee) will appoint a non-attorney administrator(s) to present the University’s case for dismissal.
(6) At the request of either party or the hearing committee, a representative of a responsible educational association will be permitted to attend the proceedings as an observer.
(7) A verbatim record of the hearing or hearings will be taken, and a copy will be made available to the faculty member without cost, at the faculty member’s request. The [Office of Human Resources] shall be the repository of the record. The record shall be considered confidential and only the parties to the case may access it.
(8) The burden of proof that adequate cause exists rests with the institution and will be satisfied only by clear and convincing the preponderance of the evidence in the record considered as a whole.
(9) The hearing committee will grant reasonable adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
(10) The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration Provost (or Provost’s designee) and other administrators as may be applicable will cooperate with the hearing committee in securing witnesses and in making available documentary and other evidence.
(11) The faculty member and the administration administrator(s) appointed by the President to present the case for dismissal will have the right to confront and cross-examine all witnesses. Where the witnesses cannot or will not appear, but the committee determines that the interests of justice require admission of their statements, the committee will identify the witnesses, disclose their statements, and, if possible, provide for interrogatories.
(12) In the hearing of charges of incompetence, the testimony will include that of qualified faculty members from this or other institutions of higher education.
(13) The hearing committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available.
(14) The findings of fact and the decision will be based solely on the hearing record.
(15) Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers will be avoided so far as possible until the proceedings have been completed, including consideration by the governing board of the University. The President, Provost, and the faculty member will be notified of the decision in writing and will be given a copy of the record of the hearing.
(16) If the hearing committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it will so report to the president. If the president rejects the report, the president will state the reasons for doing so, in writing, to the hearing committee and to the faculty member and provide an opportunity for the filing of a grievance response before transmitting the case to the governing board. If the hearing committee concludes that adequate cause for a dismissal has been established, but that an academic penalty less than dismissal would be more appropriate, it will so recommend, with supporting reasons.
Alternative Text for Consideration
Within [five (5) academic days of conclusion of the hearing, the Chair of the hearing committee will present to the President written findings of fact and recommendations as to the review of the faculty member's dismissal; copies must at the same time be sent to the faculty member and the Provost.
The committee report must contain written findings of fact and a recommendation whether the dismissal for cause action was warranted in light of the documented evidence
The committee’s written findings of fact and recommendation shall be based on a simple majority vote
Any dissenting opinions will be included in the written findings of fact and recommendation
President’s Independent Review and Decision
Within five (5) academic days after receipt of the hearing committee’s findings and recommendations, the President, in light of the documented evidence and hearing record, will issue an independent written decision on the matter, with copies to the committee, the faculty member, and the Provost.
If the President sustains the hearing committee recommendation that adequate cause to dismiss the faculty member does not exist, the matter will be concluded,
If the President determines that additional consideration by the committee is necessary, the President will remand the case back to the committee with specific objections.
If the President concludes that the administration has established adequate cause for a dismissal, but that a sanction(s) less than dismissal would be more appropriate, the sanction(s) and effective date of sanction(s) will be stated in the President’s letter with supporting reasons.
If the President concludes that the administration has established adequate cause for a dismissal and agrees that dismissal is appropriate, the effective date of the dismissal will be stated in the President’s letter with supporting reasons. The President’s decision will be final, pending the faculty member’s filing of a grievance in accordance with the Complaint and Grievance Procedures section of this handbook.
Grievance Rights
The President’s decision may be the basis of a formal grievance. Such grievance shall be limited to questions of inadequate consideration and/or whether the procedures set forth in this Dismissal for Adequate Cause Policy have been followed in the faculty member’s case. The grievance must be filed in writing within ten academic days of receiving written notification from the President of the final decision. The grievance committee will not substitute its judgment on the merits of the case, but rather determine whether the decision was the result of adequate consideration.
Action by the Governing Board
If dismissal or other severe sanction is recommended, the president will, on request of the faculty member, transmit to the governing board the record of the case. The governing board’s review will be based on the record of the committee hearing, and it will provide opportunity for argument, oral or written or both, by the principals at the hearing or by their representatives. The decision of the hearing committee will either be sustained or the proceedings returned to the committee with specific objections. The committee will then reconsider, taking into account the stated objections and receiving new evidence, if necessary. The governing board will make a final decision only after study of the committee’s reconsideration.
Procedures for Imposition of Sanctions other than Dismissal
a. If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave to justify imposition of a severe sanction, such as suspension from service for a stated period, the administration may institute a proceeding to impose such a severe sanction; the procedures outlined in “Dismissal Proceedings” herein will govern such a proceeding.
b. If the faculty member’s Dean or the Provost administration believes that the conduct of a faculty member justifies imposition of a minor sanction, such as a reprimand, it will notify the faculty member of the basis of the proposed sanction and provide the faculty member with an opportunity to persuade the administration that the proposed sanction should not be imposed. See the Alternatives to Dismissal clause for additional information.
A faculty member who believes that a major sanction has been incorrectly imposed under this paragraph, or that a minor sanction has been unjustly imposed, may, pursuant to the Complaint and Grievance Procedures section of this handbook Regulation 11, petition the faculty grievance committee for such action as may be appropriate.
Terminal Salary or Notice
If the appointment of a probationary faculty member or faculty member serving on a rolling contract is terminated, the faculty member will receive salary or notice in accordance with the following schedule: at least three months, if the final decision is reached by March 1 (or three months prior to the expiration) of the first year of probationary full-time service; at least six months, if the decision is reached by December 15 of the second year (or after nine months but prior to eighteen months) of probationary full-time service; at least one year, if the decision is reached after eighteen months of probationary full-time service or if the faculty member has tenure.12
See the Non-Reappointment of Probationary Faculty Members and Faculty on Rolling Contracts Policy,
With the exception of terminations due to mental or physical disability, this provision for terminal notice or salary need will not apply if the faculty member was terminated for adequate cause in accordance with the Dismissal Procedures above. in the event that there has been a finding that the conduct which justified dismissal involved moral turpitude. On the recommendation of the faculty hearing committee, or the president, the governing board, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member.
Academic Freedom and Protection against Discrimination
a. All members of the faculty, whether tenured or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and Universities and the American Association of University Professors.
b. All members of the faculty, whether tenured or not, are entitled to protection against illegal or unconstitutional discrimination by the University institution, or discrimination on a basis not demonstrably related to the faculty member’s professional performance. See the Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy for additional information. including but not limited to race, sex, religion, national origin, age, disability, marital status, or sexual orientation.
Complaints of Violation of Academic Freedom or of Discrimination in Nonreappointment
If a faculty member on probationary or other nontenured appointment alleges that a decision against reappointment was based significantly on considerations that violate (a) academic freedom or (b) governing policies on making appointments without prejudice with respect to race, sex, religion, national origin, age, disability, marital status, or sexual orientation, the allegation will be given preliminary consideration by the Faculty Affairs Committee, which will seek to settle the matter by informal methods. The allegation will be accompanied by a statement that the faculty member agrees to the presentation, for the consideration of the faculty committee, of such reasons and evidence as the institution may allege in support of its decision. If the difficulty is unresolved at this stage and if the committee so recommends, the matter will be heard in the manner set forth in “Dismissal Proceedings” above, except that the faculty member making the complaint is responsible for stating the grounds upon which the allegations are based and the burden of proof will rest upon the faculty member. If the faculty member succeeds in establishing a prima facie case, it is incumbent upon those who made the decision against reappointment to come forward with evidence in support of their decision. Statistical evidence of improper discrimination may be used in establishing a prima facie case.
An allegation that that a decision against reappointment was based on unlawful discrimination will be referred to the Assistant Director of Human Resources or Title IX Coordinator to be investigated according to the provisions of Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy, as may be applicable. Allegations of unlawful discrimination will be considered and resolved before the case is presented to the Faculty Affairs Committee. Any resolution reached via the applicable policy above on the basis of an investigation into charges of unlawful discrimination related to a proposed non-reappointment will be provided to the Faculty Affairs Committee if the case is presented to it.
Administrative Personnel
The foregoing regulations apply to administrative personnel who hold academic rank, but only in their capacity as faculty members. Administrators who allege that a consideration that violates academic freedom or governing policies against improper discrimination, as stated in Regulation 6, significantly contributed to a decision to terminate their appointment to an administrative post or not to reappoint them are entitled to the procedures set forth in Regulation 6.
Political Activities of Faculty Members
Faculty members, as citizens, are free to engage in political activities. Where necessary, leaves of absence may be given approved by the Provost (or designee) for the duration of an election campaign or a term of office, on timely application, and for a reasonable period of time. The terms of such leave of absence will be set forth in writing, and the leave will not affect unfavorably the tenure status of a faculty member, except that time spent on such leave will not count as probationary service unless otherwise agreed to.13
Part-Time Faculty Appointments
a. After having been reappointed beyond an initial term, a part-time faculty member who is subsequently notified of nonreappointment will be advised upon request of the reasons that contributed to the decision. Upon the faculty member’s further request, the reasons will be confirmed in writing. The faculty member will be afforded opportunity for review of the decision by the Faculty Affairs Committee].
b. For part-time faculty members who have served for three or more terms within a span of three years, the following additional protections of academic due process apply:
(1) Written notice of reappointment or nonreappointment will be issued no later than one month before the end of the existing appointment. If the notice of reappointment is to be conditioned, for example, on sufficiency of student enrollment or on financial considerations, the specific conditions will be stated with the issuance of the notice.
(2) When the part-time faculty member is denied reappointment to an available assignment (one with substantially identical responsibilities assigned to another part-time faculty member with less service), if the nonreappointed faculty member alleges that the decision was based on inadequate consideration, the allegation will be subject to review by the Faculty Affairs Committee. If this body, while not providing judgment on the merits of the decision, finds that the consideration has been inadequate in any substantial respects, it will remand the matter for further consideration accordingly.15
c. Prior to consideration of reappointment beyond a seventh year, part-time faculty members who have taught at least twelve courses or six terms within those seven years shall be provided a comprehensive review with the potential result of (1) appointment with part-time tenure [where such exists], (2) appointment with part-time continuing service, or (3) nonreappointment. Those appointed with tenure shall be afforded the same procedural safeguards as full-time tenured faculty. Those offered additional appointment without tenure shall have continuing appointments and shall not be replaced by part-time appointees with less service who are assigned substantially identical responsibilities without having been afforded the procedural safeguards associated with dismissal.
Other Academic Staff
a. In no case will a member of the academic staff who is not otherwise protected by the preceding regulations that relate to dismissal proceedings be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee.20 (A dismissal is a termination before the end of the period of appointment.)
b. With respect to the nonreappointment of a member of such academic staff who establishes a prima facie case to the satisfaction of a duly constituted committee that considerations that violate academic freedom, or of governing policies against improper discrimination as stated in “Complaints of Violation of Academic Freedom or of Discrimination in Nonreappointment,” significantly contributed to the nonreappointment, the academic staff member will be given a statement of reasons by those responsible for the nonreappointment and an opportunity to be heard by the committee.
Grievance Procedures
a. Before pursuing a formal grievance procedure, if the grievant feels comfortable in doing so, they should appeal to the person or official body responsible for the actions to which the grievant has objection or to the immediate supervisor, if any, of that person or body to determine if the complaint or problem may be resolved without resorting to formal action. This would normally be the department chair, program director or the dean, and such a meeting, including suggested remedies and points of discussion, should be documented by both parties. If the complainant is not comfortable addressing it with an immediate supervisor, they may address the issue with the next highest administrator or supervisor. Formal grievance procedures may be initiated when a complainant has been unsuccessful in resolving the matter informally.
b. If any faculty member alleges cause for grievance in any matter not covered by the procedures described in the foregoing regulations, the faculty member may petition the elected Faculty Grievance Committee for redress. Such grievable issues include, but are not limited to:
workload,
teaching assignments,
annual evaluation,
disputes among faculty members,
infringement of academic freedom,
disciplinary actions,
retaliation,
improper scheduling,
denial of sabbatical,
denial of reappointment,
denial of promotion, or
prejudicial denial of salary increases.
c. The faculty grievant will prepare a petition that sets forth in detail the nature of the grievance and shall state against whom the grievance is directed. It shall contain any data which the grievant deems pertinent to the case. The grievance consists of a written appeal, and any supporting documentation, which is transmitted by the faculty member to the Grievance Committee and to the University Provost, or where the grievance is against the action of the University Provost or President, to the President. The grievance petition should include the following:
A clear statement of facts upon which the grievance is based, including an explanation of how the faculty member alleges he or she has been adversely affected and the specific relief requested
An identification of the person(s) or the college or University policy or procedure considered responsible for the alleged adverse condition, action, or inaction upon which the grievance is based and an explanation of why the person(s) is considered responsible or why the college or University policy or procedure is considered improper
d. Upon receiving a grievance petition, any member of the Grievance Committee should recuse themselves from the case if they have or could be perceived to have a bias or a conflict of interest.
e. The Grievance Committee (absent any recused members) will decide whether the grievance merits further investigation. The submission of a petition will not automatically result in an investigation or detailed consideration of the grievance. If the Grievance Committee determines that a further investigation is not warranted, it shall report that finding to the grievant within thirty days of receipt of the grievance. If the Grievance Committee determines that further action is warranted, it will be provided with all relevant information and will seek, in consultation with the Provost, or where the grievance is against the action of the University Provost the President, to bring about a settlement of the issue. The Provost or President shall indicate in writing their proposed terms of settlement.
f. If such a settlement is not possible or is inappropriate, the Grievance Committee Panel can request further information on the matters relevant to the grievance petition. Upon receipt of the statement of charges, the person(s) against whom, or representing the unit against which, the grievance is lodged shall, if they wish to reply, have twenty (20) business days to present a response to the charges to the chair of the Grievance Committee. The response must be in writing, and should include any relevant information, argumentation, or evidence that bears upon the matters relevant to the grievance.
g. Within five (5) business days after receipt of the response to the statement of charges from the party(ies) against whom the grievance has been lodged, the chair of the Grievance Committee shall have prepared and distributed to the grievant and to each member of the committee a complete copy of the response. The Grievance Committee shall, within twenty (20) days of receipt of the response, deliver its final recommendation and/or position to the faculty member and Provost, or if the Provost if party to the Grievance, to the University President.
Appeal to the President Ordinarily the decision of the Provost shall be final and conclusive. However, an affected party may present a request, in writing, to the President within ten (10) business days after receipt of the Provost’s decision, asking to review the record of the process. Within twenty (20) business days after receipt of a request from an affected party, the President will either affirm the decision of the Provost or make additional or different determinations. The decision of the President is final.
Membership of the Grievance Committee: The Grievance Committee should be a standing committee, elected by the faculty from within its ranks, with the charge of representing and governing the business of the faculty. If, after recusals and removals there are not enough remaining members to assemble at least a 3-member panel, the Grievance Committee chair should contact the Committee on Committees chair to request the temporary appointment of additional members for the purpose of constituting a sufficient committee. No officer of the administration will serve on the committee (including Deans, Associate Deans, and Assistant Deans).
Conflict of Interest and Recusal. Conflicts of Interest include situations in which an individual’s financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of affecting, an individual’s professional judgment in exercising any University duty or responsibility. In both grievance and dismissal proceedings members should recuse themselves from a grievance or dismissal proceeding if they deem themselves unable to exercise professional judgment.
Confidentiality: It is expected that confidentiality will be maintained in the conduct of the all committee deliberations. The mere suspicion of wrongdoing, even if totally unjustified, is potentially damaging. Information concerning any grievance and/or dismissal proceedings must be held in strictest confidence and should be available only to those with a right or a need to know.</s> |
<s>[INST] SS Comments & Suggested Revisions toDRAFT Handbook Updates - Grievance and Dismissal-2.txt [/INST] 1
Dismissal and Complaint/Grievance Policy Revisions
Version 3 (2/24 Update)
Executive Summary: Proposal to revise the Grievance and Dismissal processes in the Faculty Policies Handbook. This proposal offers five shifts from current policy: 1) disentangle the dismissal and grievance processes; 2) clarify which elected faculty bodies hear and/or adjudicate dismissal and grievance proceedings; 3) incorporate AAUP guidelines and procedural protections in dismissal proceedings; 4) simplify the Complaint/Grievance processes such that the adjudicating committee can gather data and statements without the structure, demands and timeline of an evidentiary hearing, and 5) the creation of a new standing Complaints and Grievance Committee that will hear faculty complaints and grievances (the bar for grievable items has been lowered substantially). Of these proposed changes, #1 is a matter of good governance policy, #2, #4, and #5 are merely streamlining and clarifying policies and structures that already exist, and #3 is incorporating the policy recommendation regarding academic freedom and tenure that have been considered the standard in higher education since 1968.
Context: The Faculty Affairs Committee would be slightly expanded (probably to 6 members) and would be the adjudicating body in the event of faculty dismissals. The FAC would offer its professional recommendations on dismissal proceedings without its opinion being binding upon the President or Board of Regents. This would not be a substantial departure from current practices: such faculty hearing committees already exist. In dismissal proceedings, the Faculty Policies Handbook (pg. 79) currently charges ART/FAC as an adjudicating committee:
Prior to the implementation of the dismissal, the data supporting the adequate cause for such action will be presented in writing to the ART Committee by the President or the President’s designee. If the ART Committee has engaged in post-tenure review of the faculty member and in monitoring a development plan, the Faculty Affairs Committee will serve as the initial review committee. The committee will obtain a written or oral statement from the faculty member (depending on which is preferred by the faculty member) with regard to the charges, and any other data the committee deems pertinent. The committee as a whole will consider the evidence and render an opinion. The opinion will be given to the faculty member and to the President without the opinion being binding upon the President.
In addition to the ambiguity of the “development plan” language, there is also the notion that the Appointment, Rank, and Tenure committee is likely to be a party/witness to dismissal cases. Having it also function in an adjudicative capacity, in addition to the presence of the Provost on the ART committee, is procedurally problematic.
In the case of Grievance proceedings, the Faculty Policies Handbook (pg. 47) currently charges the Grievance Committee as a hearing committee:
The parties shall submit their evidence and witness lists to the Grievance Committee no later than seven calendar days prior to the hearing date. The Grievance Committee will cooperate with the grievant in securing witnesses and making available documentary and other evidence to the extent possible. The Grievance Committee shall promptly provide each party’s submitted evidence and witness lists to the other party. The committee may also request witnesses and documents that it believes would assist members in their deliberation. The Grievance Committee retains the right to exclude evidence if it determines it is irrelevant or prejudicial . . . The Grievance Committee will present its decision in writing within 15 business days of the hearing to the parties, the Vice President for Academic Affairs, and the President of the University . . . The President shall review the record and respond within 30 business days as to the final disposition of the grievance.
The grievance proceedings, as currently written, define grievable actions too narrowly and are not sufficiently specific in their charges to the grievance committee and assume a “hearing structure” that is unnecessarily complex for the task. Expanding the committee charge to hear what were formerly deemed “complaints,” and simplifying the fact-finding process, rightly situates an elected faculty body in a position of responsibility regarding faculty discipline whilst making clearer the relationship between the recommendations of the committee and the decision-making process and power of the university provost and president.
Policy Proposals Below
Dismissal is a severance action by which the University, for adequate cause, ends its employment relationship with members of the ranked faculty. Adequate cause for dismissal shall be based upon justifiable reasons (see 1.a below). The burden of proof that adequate cause exists shall rest with the University.
Dismissal Procedures (with minor modifications from AAUP Statement on Ac. Freedom and Tenure)
a. Adequate cause for a dismissal will be related, directly and substantially, to the fitness of faculty members in their professional capacities as teachers or researchers. Dismissal will not be used to restrain faculty members in their exercise of academic freedom or other rights of American citizens.9
Examples of conduct that may raise questions regarding a faculty member’s fitness as a teacher or researcher include, but not necessarily limited to:
demonstrated professional incompetence or dishonesty in teaching or research;
continued neglect of faculty responsibilities as set forth in this handbook despite oral and/or written warnings;
serious personal misconduct which substantially impairs the individual’s fulfillment of institutional responsibilities;
deliberate and serious violation of the rights and freedom of fellow faculty members, administrators, or students;
conviction of any felony;
conviction of a crime directly related to the faculty member’s fitness to practice their profession;
inability to perform the essential functions of the position despite reasonable accommodation (if requested pursuant to the University’s ADA Policy);*
theft or willful destruction of property;
serious failure to follow the canons and professional ethics of one’s discipline and those set down in the “Professional Ethics and Relations” section of this handbook;
falsification of credentials and experience;
failure to meet the performance standards set forth in the “Faculty Responsibilities” section of this handbook after oral and/or written warnings;
sexual harassment or unlawful discrimination of a student, University employee, or member of the University community (e.g., volunteer, vendor, etc.).**
* Dismissals because of a mental or physical disability for which no reasonable accommodation can be made are resolved pursuant to the Mental or Physical Disability Policy.
** Allegations of unlawful discrimination, harassment, and sexual and gender-based misconduct against a faculty member will be investigated and resolved pursuant to the Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy, as may be applicable.
b. Steps Prior to Dismissal: Dismissal of a faculty member with continuous tenure, or with a probationary or other nontenured appointment before the end of the specified term, will be preceded by (1) discussions, including a documented history thereof, between the faculty member and appropriate administrative officers looking toward a mutual settlement (2) informal inquiry by the Faculty Senate Executive Committee, which may, if it fails to effect an adjustment, determine whether in its opinion dismissal proceedings should be undertaken, without its opinion being binding upon the president; (3) a statement of charges, framed with reasonable particularity by the Provost or the Provost’s delegate.
(1) The Dean’s Consultation with the Faculty Member
If the faculty member’s Dean has evidence that the faculty member has demonstrated or is demonstrating conduct that may constitute adequate cause for dismissal as specified above, then the Dean will meet with the faculty member to discuss the concerns and to consider the faculty member’s response. If requested by the faculty member, the Dean will provide the faculty member with a written statement of concerns.
The Dean may request further investigation into the matter by other appropriate University personnel (i.e., human resources, Title IX Coordinator, etc.) before or after meeting with the faculty member. However, before moving beyond this stage in these procedures, the Dean will afford the faculty member a reasonable opportunity to respond to any information that the Dean believes would constitute adequate cause for dismissal and, if possible, arrive at a mutually agreeable settlement.
(2) Informal Consultation with the Faculty Senate Executive Committee
If the matter cannot be resolved through consultation with the faculty member and if the Dean believes that adequate cause for dismissal exists, the Dean forwards a recommendation for dismissal or severe sanction to the Provost. The Provost may meet with the faculty member, at the Provost’s discretion. At any time, if the Provost and the faculty member reach a mutually agreeable settlement, the matter will be concluded.
If the Provost believes that the faculty member has demonstrated or is demonstrating conduct that may constitute adequate cause for dismissal and a mutual settlement is not possible, the Provost will consult with the Faculty Senate Executive Committee to informally and confidentially consider the Dean’s recommendation for dismissal or severe sanction. The faculty member will be notified of this action by the Provost. The role of the Faculty Senate Executive Committee is to consider the Dean’s recommendation and consult with the Provost regarding the allegations. The committee does not serve a fact-finding role.
No later than five academic days after consulting with the Provost, the Faculty Senate Executive Committee may recommend a settlement acceptable to both the faculty member and the Provost, administrative disciplinary actions short of dismissal, that no administrative action be taken, that further investigation be undertaken, or that dismissal proceedings be initiated. The Faculty Senate Executive Committee’s recommendation is not binding on the Provost.
After considering the recommendations of the Faculty Senate Executive Committee, the Provost notifies in writing the faculty member:
that no action will be taken and the matter is concluded;
that further investigation into the matter by other appropriate University personnel (i.e., human resources, Title IX Coordinator, etc.) is warranted;
that the Provost intends to impose sanctions short of dismissal (see Alternatives to Dismissal section); or
that the Provost intends to issue a statement of charges that provides grounds for dismissal under the procedures specified below.
(3) Statement of Charges
If the Provost intends to seek the faculty member’s dismissal, the Provost will provide the faculty member with a written statement of charges, framed with reasonable particularity, indicating the charges that provide grounds for the proposed dismissal action. At the same time, the Provost will inform the faculty member that a formal review hearing before the Faculty Affairs Committee will be initiated as specified below.
c. Referral to Faculty Affairs Committee: A dismissal, as defined in Regulation 1a, will be preceded by a statement of charges, and the individual concerned will have the right to be heard initially by the Faculty Affairs Committee.10 Members of the committee deeming themselves disqualified for bias or interest will remove themselves from the case, either at the request of the chair of the committee or on their own initiative. When assembling the Dismissal Panel from the membership of the Faculty Affairs Committee, each party to the dismissal will have a maximum of one challenge without stated cause.11 After recusals and removals, the remaining members who will be adjudicating the case will hereafter be referred to as the hearing committee or Dismissal Panel. If there are not enough remaining members to form a panel the chair of the Faculty Affairs Committee will contact the Committee on Committees to request additional members, ideally selected from faculty in elected positions.
(1) Suspension: Pending a final decision by the hearing committee, the faculty member will be suspended, or assigned to other duties in lieu of suspension, by the President (or the President’s designee) only if immediate harm to the faculty member or others is threatened by continuance or the continued functioning of the faculty member in the position would substantially impair or disrupt the regular functions of the University. Except for emergency, life threatening situations, before suspending a faculty member, pending an ultimate determination of the faculty member’s status through the institution’s hearing procedures, the administration President (or the President’s designee) will consult with the Provost and Faculty Affairs Committee concerning the propriety, the length, and the other conditions of the suspension. A suspension that is intended to be final is a dismissal and will be treated as such. Salary will continue during the period of the suspension.
(2) The hearing committee may, with the consent of the parties concerned, hold joint prehearing meetings with the parties in order to (i) simplify the issues, (ii) effect stipulations of facts, (iii) provide for the exchange of documentary or other information, and (iv) achieve such other appropriate prehearing objectives as will make the hearing fair, effective, and expeditious, including but not limited to setting additional time for the gathering of documentary or other evidence.
(3) Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of adequate cause, the hearing committee will evaluate all available evidence and rest its recommendation upon the evidence in the record. Prior to issuing a recommendation, the committee may obtain testimony from witnesses and documentary or other evidence.
If the faculty member fails to attend the review hearing without reasonable cause and does not deny the charges or assert that the charges do not support a finding of adequate cause, then the hearing will not take place, the chair of the hearing committee will refer the matter to the President for final disposition, and the faculty member will have waived all grievance rights pertaining to the dismissal action.
(4) The hearing committee, in consultation with the President and the faculty member, will exercise its judgment as to whether the hearing should be public or private.
Alternative Text for Consideration
The proceedings will be closed and confidential, subject only to the need of the faculty member or the administration to comply with the procedures specified herein or to present evidence concerning the case in other judicial or administrative proceedings. Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers will be avoided so far as possible until the proceedings have been completed.
(5) During the proceedings the faculty member will be permitted to have an academic adviser and counsel of the faculty member’s choice. Neither the advisor nor legal counsel may actively participate in any aspect of the dismissal process (i.e., address the committee, question witnesses, raise objections, etc.), including but not limited to the hearing. The President (or President’s designee) will appoint a non-attorney administrator(s) to present the University’s case for dismissal.
(6) At the request of either party or the hearing committee, a representative of a responsible educational association will be permitted to attend the proceedings as an observer.
(7) A verbatim record of the hearing or hearings will be taken, and a copy will be made available to the faculty member without cost, at the faculty member’s request. The [Office of Human Resources] shall be the repository of the record. The record shall be considered confidential and only the parties to the case may access it.
(8) The burden of proof that adequate cause exists rests with the institution and will be satisfied only by clear and convincing the preponderance of the evidence in the record considered as a whole.
(9) The hearing committee will grant reasonable adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
(10) The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration Provost (or Provost’s designee) and other administrators as may be applicable will cooperate with the hearing committee in securing witnesses and in making available documentary and other evidence.
(11) The faculty member and the administration administrator(s) appointed by the President to present the case for dismissal will have the right to confront and cross-examine all witnesses. Where the witnesses cannot or will not appear, but the committee determines that the interests of justice require admission of their statements, the committee will identify the witnesses, disclose their statements, and, if possible, provide for interrogatories.
(12) In the hearing of charges of incompetence, the testimony will include that of qualified faculty members from this or other institutions of higher education.
(13) The hearing committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available.
(14) The findings of fact and the decision will be based solely on the hearing record.
(15) Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers will be avoided so far as possible until the proceedings have been completed, including consideration by the governing board of the University. The President, Provost, and the faculty member will be notified of the decision in writing and will be given a copy of the record of the hearing.
(16) If the hearing committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it will so report to the president. If the president rejects the report, the president will state the reasons for doing so, in writing, to the hearing committee and to the faculty member and provide an opportunity for the filing of a grievance response before transmitting the case to the governing board. If the hearing committee concludes that adequate cause for a dismissal has been established, but that an academic penalty less than dismissal would be more appropriate, it will so recommend, with supporting reasons.
Alternative Text for Consideration
Within [five (5) academic days of conclusion of the hearing, the Chair of the hearing committee will present to the President written findings of fact and recommendations as to the review of the faculty member's dismissal; copies must at the same time be sent to the faculty member and the Provost.
The committee report must contain written findings of fact and a recommendation whether the dismissal for cause action was warranted in light of the documented evidence
The committee’s written findings of fact and recommendation shall be based on a simple majority vote
Any dissenting opinions will be included in the written findings of fact and recommendation
President’s Independent Review and Decision
Within five (5) academic days after receipt of the hearing committee’s findings and recommendations, the President, in light of the documented evidence and hearing record, will issue an independent written decision on the matter, with copies to the committee, the faculty member, and the Provost.
If the President sustains the hearing committee recommendation that adequate cause to dismiss the faculty member does not exist, the matter will be concluded,
If the President determines that additional consideration by the committee is necessary, the President will remand the case back to the committee with specific objections.
If the President concludes that the administration has established adequate cause for a dismissal, but that a sanction(s) less than dismissal would be more appropriate, the sanction(s) and effective date of sanction(s) will be stated in the President’s letter with supporting reasons.
If the President concludes that the administration has established adequate cause for a dismissal and agrees that dismissal is appropriate, the effective date of the dismissal will be stated in the President’s letter with supporting reasons. The President’s decision will be final, pending the faculty member’s filing of a grievance in accordance with the Complaint and Grievance Procedures section of this handbook.
Grievance Rights
The President’s decision may be the basis of a formal grievance. Such grievance shall be limited to questions of inadequate consideration and/or whether the procedures set forth in this Dismissal for Adequate Cause Policy have been followed in the faculty member’s case. The grievance must be filed in writing within ten academic days of receiving written notification from the President of the final decision. The grievance committee will not substitute its judgment on the merits of the case, but rather determine whether the decision was the result of adequate consideration.
Action by the Governing Board
If dismissal or other severe sanction is recommended, the president will, on request of the faculty member, transmit to the governing board the record of the case. The governing board’s review will be based on the record of the committee hearing, and it will provide opportunity for argument, oral or written or both, by the principals at the hearing or by their representatives. The decision of the hearing committee will either be sustained or the proceedings returned to the committee with specific objections. The committee will then reconsider, taking into account the stated objections and receiving new evidence, if necessary. The governing board will make a final decision only after study of the committee’s reconsideration.
Procedures for Imposition of Sanctions other than Dismissal
a. If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave to justify imposition of a severe sanction, such as suspension from service for a stated period, the administration may institute a proceeding to impose such a severe sanction; the procedures outlined in “Dismissal Proceedings” herein will govern such a proceeding.
b. If the faculty member’s Dean or the Provost administration believes that the conduct of a faculty member justifies imposition of a minor sanction, such as a reprimand, it will notify the faculty member of the basis of the proposed sanction and provide the faculty member with an opportunity to persuade the administration that the proposed sanction should not be imposed. See the Alternatives to Dismissal clause for additional information.
A faculty member who believes that a major sanction has been incorrectly imposed under this paragraph, or that a minor sanction has been unjustly imposed, may, pursuant to the Complaint and Grievance Procedures section of this handbook Regulation 11, petition the faculty grievance committee for such action as may be appropriate.
Terminal Salary or Notice
If the appointment is terminated, the faculty member will receive salary or notice in accordance with the following schedule: at least three months, if the final decision is reached by March 1 (or three months prior to the expiration) of the first year of probationary service; at least six months, if the decision is reached by December 15 of the second year (or after nine months but prior to eighteen months) of probationary service; at least one year, if the decision is reached after eighteen months of probationary service or if the faculty member has tenure.12
With the exception of terminations due to mental or physical disability, this provision for terminal notice or salary need not apply if the faculty member was terminated for adequate cause in accordance with the Dismissal Procedures above. in the event that there has been a finding that the conduct which justified dismissal involved moral turpitude. On the recommendation of the faculty hearing committee, or the president, the governing board, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member.
Academic Freedom and Protection against Discrimination
a. All members of the faculty, whether tenured or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and Universities and the American Association of University Professors.
b. All members of the faculty, whether tenured or not, are entitled to protection against illegal or unconstitutional discrimination by the institution, or discrimination on a basis not demonstrably related to the faculty member’s professional performance, including but not limited to race, sex, religion, national origin, age, disability, marital status, or sexual orientation.
Complaints of Violation of Academic Freedom or of Discrimination in Nonreappointment
If a faculty member on probationary or other nontenured appointment alleges that a decision against reappointment was based significantly on considerations that violate (a) academic freedom or (b) governing policies on making appointments without prejudice with respect to race, sex, religion, national origin, age, disability, marital status, or sexual orientation, the allegation will be given preliminary consideration by the Faculty Affairs Committee, which will seek to settle the matter by informal methods. The allegation will be accompanied by a statement that the faculty member agrees to the presentation, for the consideration of the faculty committee, of such reasons and evidence as the institution may allege in support of its decision. If the difficulty is unresolved at this stage and if the committee so recommends, the matter will be heard in the manner set forth in “Dismissal Proceedings” above, except that the faculty member making the complaint is responsible for stating the grounds upon which the allegations are based and the burden of proof will rest upon the faculty member. If the faculty member succeeds in establishing a prima facie case, it is incumbent upon those who made the decision against reappointment to come forward with evidence in support of their decision. Statistical evidence of improper discrimination may be used in establishing a prima facie case.
An allegation that that a decision against reappointment was based on unlawful discrimination will be referred to the Assistant Director of Human Resources or Title IX Coordinator to be investigated according to the provisions of Policy on Sexual Harassment Prohibited by Title IX, HR Policy 006 - Harassment, Discrimination, Biased Conduct and Retaliation Prohibition or the Freedom from Harassment Policy, as may be applicable. Allegations of unlawful discrimination will be considered and resolved before the case is presented to the Faculty Affairs Committee. Any resolution reached via the applicable policy above on the basis of an investigation into charges of unlawful discrimination related to a proposed non-reappointment will be provided to the Faculty Affairs Committee if the case is presented to it.
Administrative Personnel
The foregoing regulations apply to administrative personnel who hold academic rank, but only in their capacity as faculty members. Administrators who allege that a consideration that violates academic freedom or governing policies against improper discrimination, as stated in Regulation 6, significantly contributed to a decision to terminate their appointment to an administrative post or not to reappoint them are entitled to the procedures set forth in Regulation 6.
Political Activities of Faculty Members
Faculty members, as citizens, are free to engage in political activities. Where necessary, leaves of absence may be given approved by the Provost (or designee) for the duration of an election campaign or a term of office, on timely application, and for a reasonable period of time. The terms of such leave of absence will be set forth in writing, and the leave will not affect unfavorably the tenure status of a faculty member, except that time spent on such leave will not count as probationary service unless otherwise agreed to.13
Part-Time Faculty Appointments
a. After having been reappointed beyond an initial term, a part-time faculty member who is subsequently notified of nonreappointment will be advised upon request of the reasons that contributed to the decision. Upon the faculty member’s further request, the reasons will be confirmed in writing. The faculty member will be afforded opportunity for review of the decision by the Faculty Affairs Committee].
b. For part-time faculty members who have served for three or more terms within a span of three years, the following additional protections of academic due process apply:
(1) Written notice of reappointment or nonreappointment will be issued no later than one month before the end of the existing appointment. If the notice of reappointment is to be conditioned, for example, on sufficiency of student enrollment or on financial considerations, the specific conditions will be stated with the issuance of the notice.
(2) When the part-time faculty member is denied reappointment to an available assignment (one with substantially identical responsibilities assigned to another part-time faculty member with less service), if the nonreappointed faculty member alleges that the decision was based on inadequate consideration, the allegation will be subject to review by the Faculty Affairs Committee. If this body, while not providing judgment on the merits of the decision, finds that the consideration has been inadequate in any substantial respects, it will remand the matter for further consideration accordingly.15
c. Prior to consideration of reappointment beyond a seventh year, part-time faculty members who have taught at least twelve courses or six terms within those seven years shall be provided a comprehensive review with the potential result of (1) appointment with part-time tenure [where such exists], (2) appointment with part-time continuing service, or (3) nonreappointment. Those appointed with tenure shall be afforded the same procedural safeguards as full-time tenured faculty. Those offered additional appointment without tenure shall have continuing appointments and shall not be replaced by part-time appointees with less service who are assigned substantially identical responsibilities without having been afforded the procedural safeguards associated with dismissal.
Other Academic Staff
a. In no case will a member of the academic staff who is not otherwise protected by the preceding regulations that relate to dismissal proceedings be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee.20 (A dismissal is a termination before the end of the period of appointment.)
b. With respect to the nonreappointment of a member of such academic staff who establishes a prima facie case to the satisfaction of a duly constituted committee that considerations that violate academic freedom, or of governing policies against improper discrimination as stated in “Complaints of Violation of Academic Freedom or of Discrimination in Nonreappointment,” significantly contributed to the nonreappointment, the academic staff member will be given a statement of reasons by those responsible for the nonreappointment and an opportunity to be heard by the committee.
Grievance Procedures
a. Before pursuing a formal grievance procedure, if the grievant feels comfortable in doing so, they should appeal to the person or official body responsible for the actions to which the grievant has objection or to the immediate supervisor, if any, of that person or body to determine if the complaint or problem may be resolved without resorting to formal action. This would normally be the department chair, program director or the dean, and such a meeting, including suggested remedies and points of discussion, should be documented by both parties. If the complainant is not comfortable addressing it with an immediate supervisor, they may address the issue with the next highest administrator or supervisor. Formal grievance procedures may be initiated when a complainant has been unsuccessful in resolving the matter informally.
b. If any faculty member alleges cause for grievance in any matter not covered by the procedures described in the foregoing regulations, the faculty member may petition the elected Faculty Grievance Committee for redress. Such grievable issues include, but are not limited to:
workload,
teaching assignments,
annual evaluation,
disputes among faculty members,
infringement of academic freedom,
disciplinary actions,
retaliation,
improper scheduling,
denial of sabbatical,
denial of reappointment,
denial of promotion, or
prejudicial denial of salary increases.
c. The faculty grievant will prepare a petition that sets forth in detail the nature of the grievance and shall state against whom the grievance is directed. It shall contain any data which the grievant deems pertinent to the case. The grievance consists of a written appeal, and any supporting documentation, which is transmitted by the faculty member to the Grievance Committee and to the University Provost, or where the grievance is against the action of the University Provost or President, to the President. The grievance petition should include the following:
A clear statement of facts upon which the grievance is based, including an explanation of how the faculty member alleges he or she has been adversely affected and the specific relief requested
An identification of the person(s) or the college or University policy or procedure considered responsible for the alleged adverse condition, action, or inaction upon which the grievance is based and an explanation of why the person(s) is considered responsible or why the college or University policy or procedure is considered improper
d. Upon receiving a grievance petition, any member of the Grievance Committee should recuse themselves from the case if they have or could be perceived to have a bias or a conflict of interest.
e. The Grievance Committee (absent any recused members) will decide whether the grievance merits further investigation. The submission of a petition will not automatically result in an investigation or detailed consideration of the grievance. If the Grievance Committee determines that a further investigation is not warranted, it shall report that finding to the grievant within thirty days of receipt of the grievance. If the Grievance Committee determines that further action is warranted, it will be provided with all relevant information and will seek, in consultation with the Provost, or where the grievance is against the action of the University Provost the President, to bring about a settlement of the issue. The Provost or President shall indicate in writing their proposed terms of settlement.
f. If such a settlement is not possible or is inappropriate, the Grievance Committee Panel can request further information on the matters relevant to the grievance petition. Upon receipt of the statement of charges, the person(s) against whom, or representing the unit against which, the grievance is lodged shall, if they wish to reply, have twenty (20) business days to present a response to the charges to the chair of the Grievance Committee. The response must be in writing, and should include any relevant information, argumentation, or evidence that bears upon the matters relevant to the grievance.
g. Within five (5) business days after receipt of the response to the statement of charges from the party(ies) against whom the grievance has been lodged, the chair of the Grievance Committee shall have prepared and distributed to the grievant and to each member of the committee a complete copy of the response. The Grievance Committee shall, within twenty (20) days of receipt of the response, deliver its final recommendation and/or position to the faculty member and Provost, or if the Provost if party to the Grievance, to the University President.
Appeal to the President Ordinarily the decision of the Provost shall be final and conclusive. However, an affected party may present a request, in writing, to the President within ten (10) business days after receipt of the Provost’s decision, asking to review the record of the process. Within twenty (20) business days after receipt of a request from an affected party, the President will either affirm the decision of the Provost or make additional or different determinations. The decision of the President is final.
Membership of the Grievance Committee: The Grievance Committee should be a standing committee, elected by the faculty from within its ranks, with the charge of representing and governing the business of the faculty. If, after recusals and removals there are not enough remaining members to assemble at least a 3-member panel, the Grievance Committee chair should contact the Committee on Committees chair to request the temporary appointment of additional members for the purpose of constituting a sufficient committee. No officer of the administration will serve on the committee (including Deans, Associate Deans, and Assistant Deans).
Conflict of Interest and Recusal. Conflicts of Interest include situations in which an individual’s financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of affecting, an individual’s professional judgment in exercising any University duty or responsibility. In both grievance and dismissal proceedings members should recuse themselves from a grievance or dismissal proceeding if they deem themselves unable to exercise professional judgment.
Confidentiality: It is expected that confidentiality will be maintained in the conduct of the all committee deliberations. The mere suspicion of wrongdoing, even if totally unjustified, is potentially damaging. Information concerning any grievance and/or dismissal proceedings must be held in strictest confidence and should be available only to those with a right or a need to know.</s> |
<s>[INST] SS COMMENTS TO INTELLECTUAL PROPERTY POLICY AND PROCEDURES revised.txt [/INST] INTELLECTUAL PROPERTY POLICY AND PROCEDURES
Per Faculty Motion; adopted by the Board of Trustees on XX, 2022
(Adapted from the 2017 Lafayette College Faculty Handbook)
Bethany College is committed to fostering an environment that promotes and protects the creation and dissemination of knowledge, inventions, and artistic works by faculty, staff, and students. The fullest realization of this goal is achieved only when the College ensures academic freedom for all of its community members, protects its identity, and functional interest, and recognizes the ownership, whether shared or individual, of intellectual properties and patents. This policy aims to safeguard and protect those rights.
A robust Intellectual Property (IP) Policy is necessary for fostering scholarship in the community and for promoting the best interests of the College. The College’s IP policy should encourage innovation and the creation and dissemination of IP for the public good, rather than implement procedures motivated by a desire to develop sources of revenue. A strong IP policy balances the IP rights and obligations of the faculty, staff and students with the institutional rights and obligations of the College. The policy stated herein is structured to include a clear and fair system for the distribution of any benefits accrued, if and where appropriate, by IP created by members of the Bethany community.
Definitions of terms used are given at the end of this policy statement (Section X.X)
X.1 Scope
The guiding principle of the IP policy is that the products of teaching and scholarship, except patents, are the property of the community member. The College, however, has the sole ownership interest in copyrightable material if it involves an identity interest (Section X.1.1) or is classified as an Institutional Work (Section X.1.3). If a community member employs an extraordinary use of College resources in developing copyrightable material, then the IP rights will be determined by the deliberate determination procedure (Section X.1.2). Community members who develop patentable discoveries using College resources have a duty to disclose and assign patent rights to the College. In those cases where patentable inventions are created by a community member with only incidental use of College-supplied computers, email and phones, however, the patent rights are retained by the creator. In addition, the College will retain an ownership interest in intellectual properties resulting in a patent that is the result of a work for hire as defined by United States copyright law (Section 7.7) , as well as intellectual property that may be classified as an Institutional Work (Section X.7.7) or falls under any of the miscellaneous categories listed in Section X.1.4.
X.1.1 Identity Interest. The College has an identity interest in copyrightable materials that are integral to, and reflect more directly on, the identity of the College rather than the identity of the creator. The College has an identity interest in items distributed beyond the College, such as but not limited to: the college catalogue, alumni bulletins, institutional web pages, admissions brochures and campaign materials. Copyrightable materials in which the College has an identity interest will be owned by the College.
X.1.2. Extraordinary Use of College Resources. The College has an ownership interest in copyrightable and patentable materials generated with extraordinary use of College resources, which refers to support by the College that is not normally available to a community member in their standard role (see section X.7.5)
With respect to the foregoing works, the College may decide to assign its copyright to the author or authors of the work on a case-by-case basis.
X.1.3: Institutional Work: The College has an ownership interest in intellectual property that may be classified as an Institutional Work, which includes works that are supported by a specific allocation of Bethany College funds and created at the direction of Bethany College for a specific Bethany College purpose. Institutional Works also include works whose authorship cannot be attributed to one or a discrete number of authors but rather result from simultaneous or sequential contributions over time by multiple faculty and students. For example, software tools developed and improved over time by multiple faculty and students where authorship is not appropriately attributed to a single or defined group of authors would constitute an institutional work. The mere fact that multiple individuals have contributed to the creation of a work shall not cause the work to constitute an institutional work.
X.1.4: Other: In addition to the above, ownership in intellectual property will normally rest with the College, rather than with the creator, under the following circumstances:
If the work includes the name, seal, logo, insignia, trademark or watermark of Bethany College as an endorsement, enhancement, or sanction for a product or service.
X.2 Implications for Faculty, Staff and Students. The extent to which the College’s IP policy affects the different constituencies on campus is given below.
X.2.1 Faculty. Faculty members who create products of teaching and scholarship (“academic works”) own their IP except for patentable inventions, in which case the ownership rights rest with the College. Pedagogical, literary, artistic and creative works are owned by the faculty member, consistent with American Association of University Professors guidelines about copyrights and the prevailing view in academia. In keeping with that tradition, the College waives its ownership rights in academic copyrightable works, except under circumstances in which an academic copyrightable works was specifically assigned and funded by the College (as provided in Section X.1.3 above) or developed with extraordinary use of Bethany College resources (as provided in Section X.1.2 above). Note, however, that faculty ownership of such academic works may be affected by the terms of agreements with third-party sponsors or by agreements between faculty and the College with respect to special projects such as the creation of online courses or other digital education offerings.
Accordingly, recorded lectures, lecture notes and other course notes such as problem sets and syllabi are normally the faculty member’s IP. Works related to scholarship, such as journal articles, books, textbooks, videos, photos, and artistic works in any medium, are similarly also the faculty member’s IP. With respect to faculty materials produced for online instructions, copyright ownership is treated no differently than faculty materials produced for the classroom. If the materials are not Institutional Works or developed via the extraordinary use of College resources, the faculty member owns the copyright for those materials created for online use.
The use of resources normally available to the faculty member does not abrogate that right. For faculty, the support normally provided in the form of salary, lab or studio space, funding for sabbatical leaves, and internal grants available on a competitive basis through the Faculty Development Committee are considered normal support (see X.7.5 for further definition of normal support).
The IP generated in outside employment (such as consulting) or without College resources is not covered by this policy. Faculty members are bound by the terms of employment set forth in Faculty Policy Manual XXX.
X.2.2: Licensing: Where faculty academic works covered in Section X.2.1 are incorporated into educational resources designed for ongoing departmental classroom use in a particular academic unit, the College shall have a perpetual, nonexclusive, royalty-free license to use such academic works for such purposes.
X.2.2 Staff. In most cases the copyrightable materials created by a staff member is relate to the identity interests of the College, and therefore is owned by the College. In some cases, however, a staff member may undertake a project that is considered scholarly work, in which the College has no identity interest. In such cases, ownership goes to the creator, even though the default is to give it to the College. Staff members who develop patentable discoveries using College resources have a duty to assign patent rights to the College.
X.2.3 Students. For students, the College does not have an identity interest in their IP except when they are employees of the College or are under the supervision of a faculty member. If a student project is developed in the context of normal coursework, then the rights to copyrightable materials is retained by the student. If students are under the supervision of a faculty member and are working on IP of the faculty member, then the faculty member and student are strongly encouraged to draw up a written agreement in consultation with the Intellectual Property Policy Committee, specifying the terms of how the IP generated by their collaboration will be handled before the project begins. If patentable inventions involve significant faculty mentorship and/or Bethany resources, then the student has a duty to assign patent rights to the College. In all other circumstances where students are employed by the College, the IP policy for staff applies (Section X.2.2)
X.2.4 Group Projects. In the case when there are two or more community members collaborating in the creation of patentable inventions, all parties should sign a disclosure form in consultation with the Intellectual Property Policy Committee. This disclosure form should indicate a fair distribution of fractional shares among the collaborators.
X.3 Process for Deliberate Determination of IP Rights
X.3.1 Deliberate determination is not required. For all scholarly work (except for patents) in which the College has no ownership interest (i.e., no identity interest, there is no extraordinary use of College resources, etc.) there is no need to report the creation of IP by a community member to the Intellectual Property Policy Committee. Outside consulting and work done by community members without College resources is not subject to the reporting requirements.
In those cases where the College has a routine and clear case of an identity interest or the product is clearly a work for hire, the College owns the copyrightable material and there is no need to report it to the Intellectual Property Policy Committee.
X.3.2 Deliberate Determination Required. In the case of patents or when copyrightable materials have received extraordinary support from the College, the creator must declare the IP to the Intellectual Property Policy Committee via the disclosure form as soon as the situation becomes clear. The Intellectual Property Policy Committee will make recommendations regarding the most suitable distribution of IP rights between the creator and College as well as distribution of partial shares between community members. Normally, within sixty (60) days of receiving complete formal disclosures of IP requiring deliberate determination, the Intellectual Property Policy Committee will make a recommendation to the Provost. After receiving the report from the Intellectual Property Policy Committee, the Provost will make a determination of IP rights in writing, normally within thirty (30) days. The distribution of IP rights should be specified in writing and signed by the creator and College’s representative.
If the College does not commercialize the IP within five years of making a determination, or does not pay the community member net revenue as described in X.4.1, then the creator shall assume an exclusive license to commercialize the patent, including the ability to license to others permission to utilize the patent. In such cases, the net revenue is still divided between the creator and the College, as laid out in section X.4.
X.3.2.1 Disclosure Form. The form for disclosure of IP requiring deliberate determination of IP rights will be available in the XXXX Manual and website.
X.3.2.2.2 The Intellectual Property Policy Committee will be composed of the chair of the Faculty Development Committee, a representative appointed by the Provost, and a third representative from the College faculty or staff chosen by the Provost and the Chair of Faculty Development Committee. In considering cases involving patents or other matters that fall outside the expertise of the three committee members, the Intellectual Property Policy Committee will ask qualified faculty members as well as external professional counsel to advise on an ad hoc basis as needed. The Intellectual Property Policy Committee will also serve as a resource for any questions about IP policy and procedures for the community, and initial inquiries about the need for deliberate determination can be made on an informal basis.
X.3.3 Third Party Agreements. All IP defined by Scope in X.1 produced by work sponsored by public or private organizations is governed by this policy, unless otherwise specified in a written contract or in federal or state laws and regulations. Contracts with third parties can contain provisions governing IP rights that supersede the College policy. The Provost must approve the IP provisions in such contracts, and normally such contracts must also be reviewed by the General Counsel.
X.3.4 Appeal of the Provost’s Determination of IP Rights. In the event where the creator disagrees with the Provost’s determination of IP rights, the creator may appeal the decision to the President within thirty days. Upon receiving the appeal, the President will render a decision regarding the appeal within thirty days.
X.4 Revenue. If revenue is generated by IP held by the College, the College and creator will split the revenue in the following manner. The first $10,0000 of net revenue will go to the creator. The creator will receive sixty percent, and the College forty percent, of further revenue. The College agrees to pay annually to the creator(s), or to the creator’s heirs, successors, or assigns, 60% of the net revenue per invention, with an additional 10% of net revenue per invention allocated to the creator’s department or program. Net revenue is defined as gross income less the costs of submitting and protecting and preserving patent and related property rights, and such other costs, taxes, or reimbursements as may be necessary or required by law. When there are two or more creators, each creator shall share equally in the creator’s share of revenue, unless all creators previously have agreed in writing to a different distribution of such share. This distribution will continue regardless of the creator’s status at the College.
If it so wishes, the College can agree to provide the creator with an exclusive, or non-exclusive license to commercialize the patent, including licensing it to others. In such cases, the net revenue is still divided between the creator and the College as laid out in section X.4. Such agreements will be provided in writing to the creator.
X.4.1 Payment of Revenue. Annually, net revenue for a creator is collected and held by the College from July 1st to June 30th, and is paid to the creator the following August 30th or the nearest business day after August 30th.
Each annual payment will be accompanied by a document accounting for source of revenue and all costs from July 1st to June30th. The College cannot recoup costs from previous revenue payments made to the creator(s).
X.5 Transfer of IP Rights. There are circumstances in which either the creator or College may want to transfer IP ownership to the other. For IP developed without the extraordinary use of College resources and held by a community member, the community member may ask the College to consider accepting assignment of ownership, but the College has no obligation to do so. Even if the College has clear ownership of IP, the transfer of IP ownership to the community member may be appropriate, especially if it facilitates the distribution of the IP to the greater community.
X.6 Consultants. When the College has an identity or functional interest in copyrightable materials created by hired consultants, the College will stipulate by contract that ownership stays with the College. Hired consultants are not considered community members and as such are not covered by this policy.
X.7 Definitions
X.7.1 Intellectual Property (IP). Intellectual property is a creative work or invention in which the law allows ownership rights for the creator. The two main types of IP in the academic environment are copyrights and patents. Copyrights are an exclusive legal right available to creators to print, publish, perform, film, or record literary, artistic, or musical material. Patent protection is granted by the government to the creator for inventions that are useful, non-obvious and novel products or processes.
X.7.2 Community Members. Faculty, staff, and students.
X.7.3 Creator. One community member, or two or more collaborators, who develop the IP.
X.7.3.1 Collaborators. Two or more community members who share in the creation of IP. In the case of more than one creator, fractional shares will be agreed upon beforehand to the extent possible. If parties outside the community are involved in the creation of IP that requires deliberate determination, then distribution of IP rights between all parties should be described prior to or as part of the disclosure process.
X.7.4 Scholarly Work. Scholarly work refers to original work including publications, exhibitions, and/or performances. The guidelines for recognized forms of scholarly work in each discipline are located XXXXXX and are described in XXXXX of the Faculty XXXX.
X.7.5 Normal Support for a Community Member. For all community members, College-supplied computing, email and phone resources are considered normal support. For faculty, normal support also includes salary, laboratory or studio space, funding for sabbatical leaves, start-up grants, competitive grants distributed through the Faculty Development Committee, as well as other widely advertised grant opportunities from the College and other funds available through competitive processes. For staff, salary and laboratory or studio space are considered normal support. For students, normal support entails the use of College-owned resources either freely available to students (for example, computer labs and workstations on campus) or available on loan (computers, cameras, video recording devices, etc.) or through courses (art supplies, for example).
X.7.6 Extraordinary Support for a Community Member. A community member who receives support beyond the normal support afforded to the community member is receiving extraordinary support.
X.7.7 Work for Hire. Under the 1976 Copyright Law, “a work prepared by an employee within the scope of his or her employment” is considered “work for hire,” in which case the copyright becomes the property of the employer. Within the context of academia, however, most institutions do not consider scholarly work (except for patents) done by faculty and students to be the property of the institution, except in cases where the institution has an identity interest, and/or has given extraordinary resources for the creation of the work.
X.7.8 .Institutional Work: include works that are supported by a specific allocation of College funds or that are created at the direction of College for a specific Bethnay College purpose. Institutional Works also include works whose authorship cannot be attributed to one or a discrete number of authors but rather result from simultaneous or sequential contributions over time by multiple faculty and students.
X.7.9 Federal Grants and Bayh-Dole Act of 1980. The Bayh-Dole act permits a college or university to elect to pursue ownership of IP developed with the support of federal research grants in preference to the government. In particular, Bethany College can determine IP rights and responsibilities, with the framework of federal guidelines.</s> |
<s>[INST] SS Invoices University of Providence Fac Handbook 8.4.18.txt [/INST] Stevens Strategy
INVOICE
Inv. #
Inv. #
Date
Date
Bill to
Bill to
Anthony Aretz, Ph.D.
President
University of Providence
1301 20th Street South
Great Falls, Montana 59405
Anthony Aretz, Ph.D.
President
University of Providence
1301 20th Street South
Great Falls, Montana 59405
2
2
8/4/18
8/4/18
All invoices are due upon receipt. A late charge of 1.5% will be added to any unpaid balance for each 30 days the payment is overdue. Balances reflect payments received up to and including invoice date.
Please make payment by check to:
Stevens Strategy, LLC
PO Box 72
Grantham, NH 03753
Please make wire payments to:
Stevens Strategy, LLC
Bank: Lake Sunapee Bank
9 Main Street
Newport, New Hampshire
Acct#: 8236782210
ABA#:011201759
All invoices are due upon receipt. A late charge of 1.5% will be added to any unpaid balance for each 30 days the payment is overdue. Balances reflect payments received up to and including invoice date.
Please make payment by check to:
Stevens Strategy, LLC
PO Box 72
Grantham, NH 03753
Please make wire payments to:
Stevens Strategy, LLC
Bank: Lake Sunapee Bank
9 Main Street
Newport, New Hampshire
Acct#: 8236782210
ABA#:011201759
TOTAL DUE $2,900.00
TOTAL DUE $2,900.00
Consulting Fees and Expenses:
Final Payment due upon completion of the project
in accord with Contract of May 11, 2017 $2,900.00
Total Consulting Fees and Expenses $2,900.00
Consulting Fees and Expenses:
Final Payment due upon completion of the project
in accord with Contract of May 11, 2017 $2,900.00
Total Consulting Fees and Expenses $2,900.00
Second Payment
Second Payment
Faculty Handbook for the School of Health Professions
Faculty Handbook for the School of Health Professions</s> |
<s>[INST] SS Project Feedback Response IWPM BJU 2014.txt [/INST] 4
Stevens Strategy
Strategic Management Consulting
Project Management Feedback Form
Thank you very much for working with Stevens Strategy on this project. We are always striving to improve our effectiveness in serving our clients. Our goal is to exceed your expectations. We would therefore very much appreciate your feedback regarding your experience during our work with you. Please respond to the brief questions below and consider providing additional detailed comments and suggestions on the back of this page.
Institution/Project Data
Institution:
Bob Jones University
Your Name/Title: Phil Gerard, Director for Accreditation
Type of Project (Strategic planning, IT, search, etc.)
Institutional Policy
Stevens Strategy Consultants you worked with (list):
Stephen Lazarus
Project Start Date:
May 2013
Project End Date:
December 2013
What was your level of satisfaction with Stevens Strategy for each of the following service components (1=not at all, 10=completely)?
Service Component
Rating (1-10)
Overall project success
10
Overall project management
10
Communication
10
Documentation and other resources provided
10
Written reports
10
Oral presentations
10
Meeting management / facilitation
10
Adherence to deadlines / timeliness
10
Billing and administrative services
10
Value of services compared to price for services
10
Other:
Other:
Other:
What were your expectations for the project? How well did Stevens Strategy do in meeting them?
BJU wanted to review our institutional policies for completeness, accuracy and currency. We particularly wanted help with ensuring that we meet federal and state mandates and SACSCOC requirements. Stevens did a great job. We found Stephen Lazarus a great resource for whatever questions we asked. He was particularly helpful in our review and update of our by-laws and board manual.
What was the most successful part of this engagement?
Doing all of the above on a very short timeline—May to November, 2013. Also the by-laws and board manual.
Based on your work with the Stevens Strategy team, what would you say are the firm’s greatest strengths?
Responsiveness and flexibility.
Based on your work with the Stevens Strategy team, what would you say are the firm’s greatest weaknesses?
Found no weaknesses to speak of.
Would you hire Stevens Strategy again? Why and in what area, or why not?
I did recommend them for helping with the presidential search. As vendors go, and I have had a lot of experience with IT vendors, Stevens Strategy is impressive. They already know us well as an institution and have shown themselves to be very knowledgeable in any area of higher ed where they do consulting.
We welcome all comments and suggestions to improve our approach and your experience. We will make sincere efforts to take these to heart and incorporate them into our services. If we need to improve in certain areas, we need to know. If you were delighted with our services, please tell us!
Comments:
May we use your comments regarding out services on our Web site and/or publications?
Yes_X__ No___
02/28/2014
________________________ ________________
Signature Date
Thanks a lot!
P.O. Box 72 12 Island View Grantham, NH 03753
phone: 603.863.4704 fax: 603.863.0531 web: StevensStrategy.com</s> |
<s>[INST] Start Up Funds.txt [/INST] https://www.kenyon.edu/offices-and-services/office-of-the-provost/new-faculty/startup-funds/
https://www.colby.edu/wp-content/uploads/2022/04/Use-of-Start-Up-Funds-Policy-3.2022.pdf
Colby College is committed to the success of its junior faculty. Start-up funding is provided as a catalyst for a faculty member’s career at Colby, assisting with career development, enabling scholarship and teaching innovations, and insuring that faculty receive support at crucial early stages of their careers.
Start-up funds may be used for professional expenses incurred during the first several years of a faculty member’s appointment at Colby. All continuing faculty (tenure track and non- tenure track continuing faculty) may receive start-up funding.
https://www.colby.edu/wp-content/uploads/2022/09/Chair-Handbook-2022.pdf
Start-up and Matching Funds. The College makes available funds for start-up and for matching on grants for instructional and research purposes:
a. Start-Up Funds. The College endeavors to provide appropriate resources for all faculty so that they can carry out their individual scholarship effectively. As early as the interview stage, chairs should discuss with potential new faculty their research agendas and start-up needs. These discussions should involve the Associate Provost for Faculty Affairs so that the magnitude of research needs will be clearly understood by all parties, along with College budget constraints.
b. Matching Funds. Faculty members whose research and teaching needs permit applications to external funding sources for equipment grants may apply to the College for matching funds of up to
50% of the value of the equipment to be purchased. This application need be no more than a copy of the proposal submitted to the external agency, but approval for matching funds must be obtained in advance from the Provost, prior to the submission of the proposal to the external funding source.
Lewis and Clark
https://college.lclark.edu/live/files/30863-start-upfundsoct2020pdf
https://www.drake.edu/media/departmentsoffices/academicchairs/documents/FY22%20HR%20Faculty%20Recruitment%20Manual%20Working%20Document.pdf
Gustavus
Start-up Fund Use Policy – 4:15
The Office of the Provost is pleased to support our newly-hired, tenure-track faculty with start-up funds. Start-up Funds are intended to provide the support needed to allow a new tenure-track faculty member to initiate a strong scholarly program at Gustavus. The expectation is that these funds would support the foundational scholarly/creative work of the faculty member during their first year/s at Gustavus. After this period, it is anticipated that the scholarly/creative work of the faculty member would be supported through other internal or external funding opportunities. All start-up funds should be expended by the end of the second fiscal year of a faculty member’s appointment (May 31 of a given year), unless explicit permission is granted in advance by Dean Sarah Bridges ([email protected] or 507-933-6514). Discussions about the length of time/availability of start-up funds will generally occur during negotiation, but may occur in real time if circumstances change.
For each college fiscal year, start-up funds are allocated according to the negotiation between the Dean and faculty member. Unused start-up funds do not roll over from one fiscal year into the next fiscal year. Start-up funds for a given fiscal year must be spent and items received by May 31. Start-up fund availability will not go beyond the end of the fiscal year associated with a faculty member’s tenure candidacy.
The expenses must be directly related to scholarly/creative work and reasonable. All items purchased are property of the Colleges.
Questions about start-up funds should be directed to Dean Sarah Bridges ([email protected] or 507-933-6514).
Acceptable uses for Start-up Funds could include:
Travel expenses (i.e., transportation, hotels, food), to conduct scholarly work (e.g., research library or collection, field sites)
Laboratory/studio equipment, materials, supplies and organisms
Specialized computer hardware and software
Books and video materials
Fees for laboratory analysis or instrument user fees for equipment not owned by Gustavus
Professional certification or licensing
Journal publication costs (i.e., page and image charges, copyright permission, publication subvention costs)
Gustavus summer student research assistant wages, plus related benefits (e.g., FICA, worker’s compensation), ordinarily in the summer after the first full year of tenure-track employment at Gustavus
Gustavus student research assistant wages (academic year)
Professional society memberships or attending academic conferences
Start-up Funds cannot be used for the following (unless prior approval is granted from the Dean):
Compensation or commissioning of goods/services for Gustavus faculty or professional staff
Teaching supplies (which should be paid out of department budgets)
Start-up funds and employee separation:
Start-up funds are designated to assist a new faculty member to build their research, scholarship, and creativity program at Gustavus Adolphus College. As a result, upon notice of an employee's resignation or separation from the College, funds designated for start-up expenses will no longer be expendable, unless specific approval has been granted by the appropriate funding authority (i.e., the appropriate Dean or Provost). Upon the departure of a faculty member, durable assets or items of value purchased with start-up funds remain with the College.
Wake Forest
PROCEDURES FOR APPROVING FACULTY START-UP FUNDS TO NEW HIRES
If faculty start-up funds will be offered to a newly hired faculty member, the hiring unit must prepare a budget that lists the costs from all sources to be included in the start-up package, with quotes included for items over $25,000. We recognize that chairs are uniquely qualified to provide the disciplinary and professional expertise to assess reasonable needs in their areas. As such, the technical details of the start-up offer pertaining to scholarly research will be the responsibility of the Chair of the hiring Department.
The hiring unit department chair will consult with the Office of the Dean of the College and the Provost and obtain approval of the start-up package before an offer letter is issued.
Facilities-related costs for new faculty need to be discussed by the hiring unit in advance with the Office of the Dean of the College and approved by the Office of the Provost prior to inclusion in the offer letter. Departments who know they are likely to have facilities needs should include this information in the position request. A quote for any proposed work must be presented by the requesting department to the Dean and Provost. Such renovation planning may need to occur outside the annual capital request process to ensure the construction team has sufficient lead time.
Tennessee
https://research.utk.edu/oried/wp-content/uploads/sites/2/2021/06/Start-Up-Funds-Request-and-Approval-Process.pdf
At the request of the Provost, colleges will prepare a list in the spring of faculty search requests for the following academic year. This list will include the estimated startup costs based on recent experience with an explanation from the unit leader for the startup request as to the likely uses of the startup package and/or benchmarking data. The Provost, Vice Chancellor for Research and Vice Chancellor of Finance & Administration will meet to discuss the requests and decide if the university can afford the startup for all requested searches. This discussion will be informed by the historical startup and funding data for each department. If the startup needs for all the positions cannot be funded, they will decide how much startup funding can be approved for each college for the following year. It will be the decision of the college dean how best to use those funds in filling positions or to delay searching any particular position. Startup funds for faculty position searches approved during the academic year to be conducted in that same academic year will be approved on a case-by-case basis.
When negotiating with candidates for faculty positions, department heads should request a plan for the use of the start-up funds being requested by the candidate. The department head must then assess whether the funds being requested and the plan for use of those funds are reasonable and appropriate for the position being filled. A request for start-up funding support after a candidate has accepted a position is not appropriate.
Purdue:
https://www.purdue.edu/provost/faculty/initiatives/start-up.html
By September 1 each year, the Provost will solicit requests for start-up funds from the Deans of the ten academic colleges, Honors College, Libraries and Bands. The proposals should be submitted by October 1 and should identify each new anticipated hire for the following academic year including position description, department, faculty rank and estimated start-up costs. Start-up costs for equipment should be listed separately from all other start-up costs, which can be combined and reported as one amount for each faculty position. Other start-up costs can include items such as faculty summer support, graduate student or post-doc salaries, fringe benefits, travel, and supply and expense allocations. Expenses for remodeling, relocation/moving, or facility construction should be excluded from these start-up requests. The proposed sources of start-up funding should be reported showing the amount requested from the Provost and the amount to be provided from the college/school/unit and other sources.
At the same time that each unit submits the October 1 start-up needs for anticipated new hires, the units should also submit a summary of all anticipated hires that will receive Provost start-up funding from one of the Provost hiring initiatives (ex., Strategic Opportunity Hire Program).
The college/school/unit will submit a follow-up analysis to the Provost by June 30 each year that reports the actual hires for the next year and their actual start-up amounts.
At the same time that each college/school/unit submits the June 30th actual hire analysis, a separate summary of all faculty hires for the next year that will receive Provost start-up funding through one of the Provost hiring initiatives will be required . Where Provost hiring initiatives allow it, units may request supplemental funds from the Faculty Start-up Fund.
Review and Allocation Process
The college/school/unit will be notified of preliminary commitment decisions from the Faculty Start-up Fund by November 1 each year so that this information is available early in the recruitment process. Units will be advised of final allocation amounts by July 31 following a review of actual hire information. The transfer of funding will occur after the final allocations are determined. See Exhibit 1 for the Proposal and Allocation Schedule.
A number of factors will be considered in the review and allocation process: equipment requirements and non-equipment needs; number of positions; request per CUL; allocation per CUL; allocation as a percentage of request; contribution by the unit; and comparison to prior year allocation. The compilation of this information will be used by the Provost as the basis of the preliminary allocations decision. Actual hires and actual start-up packages will be factored into the final allocation amounts. Note that the start-up funds available to the Provost are fixed, so allocations to individual colleges can vary from year to year. The overall number of hires and start-up needs of the colleges may impact an individual college’s allocation.
https://www.csuohio.edu/research/faculty-start-fund-policy
https://www.slu.edu/arts-and-sciences/pdfs/startup-policy-2015.pdf
https://www.as.miami.edu/_assets/pdf/faculty-staff/faculty-and-personnel-affairs/faculty-start-up.pdf
https://researchhow2.uc.edu/docs/default-source/default-document-library/faculty-startup-funds-guidelines6d1941545777401589b638e656f73e4c.pdf?sfvrsn=26e010d_2
https://www.oxy.edu › Start_Up_Funds_Policy</s> |
<s>[INST] Student Identity Verification.txt [/INST] STUDENT VERIFICATION IN DISTANCE LEARNING
Effective Date:
Policy Number:
Supersedes:
Not Applicable.
Issuing Authority:
President
Responsible Officer:
Vice President for Academic Affairs
Applicability:
All Canisius College distance learning faculty and students.
History:
PURPOSE
The purpose of this policy is to ensure that Canisius College operates in compliance with the provisions of the United States Federal Higher Education Opportunity Act (HEOA) concerning the verification of student identity in distance education.
POLICY
In compliance with the provisions of the United States Federal Higher Education Opportunity Act (HEOA), Public Law 110-315 concerning the verification of student identity in distance learning, all credit-bearing courses and programs offered through distance learning methods must verify that the student who registers for a distance education course or program is the same student who participates in and completes the course or program and receives academic credit. One or more of the following methods must be used:
A secure login and passcode (see Access Control and Password policies);
Proctored examinations; and/or
New or emerging technologies and practices that are effective in verifying student identification.
All methods of verifying student identity in distance learning must protect the privacy of student information. If any fees associated with the verification of student identity will be charged to students, they must be notified of these charges in writing at the time of registration or enrollment.
Personally identifiable information collected by the College may be used, at the discretion of the College, as the basis for identity verification.
DEFINITIONS
Not Applicable.
PROCEDURES/GUIDELINES
General Responsibilities
All users of the College’s learning management systems are responsible for maintaining the security of usernames, passwords and any other access credentials assigned. Access credentials may not be shared or given to anyone other than the user to whom they were assigned to for any reason. Users are responsible for any and all uses of their account. Users are responsible for changing passwords periodically to maintain security. Users are held responsible for knowledge of the information contained within the College’s Acceptable Use of College Computer and Network Systems Policy and other applicable information system policies. Failure to read College policies will not exempt users from responsibility.
Responsibilities
Faculty Responsibilities
Faculty teaching courses through distance education methods hold primary responsibility for ensuring that their individual courses comply with the provisions of this policy. Because technology and personal accountability may not verify identity absolutely or ensure academic integrity completely, faculty are encouraged, when feasible and pedagogically sound, to design courses that employ assignments and evaluations unique to the course and that support academic integrity.
Student Responsibilities
Students are responsible for providing complete and true information about themselves in any identity verification process, in accordance with the Community Standards.
Dean Responsibilities
Deans are responsible for ensuring that faculty are aware of this policy and comply with its provisions. Deans are also responsible for ensuring that academic awards and degree programs within their units comply with the provisions of this policy.
Office of the Vice President for Academic Affairs Responsibilities
The Office of the Vice President for Academic Affairs is responsible for ensuring College-wide compliance with the provisions of this policy and that Deans are informed of any changes in a timely fashion.
RELATED POLICIES
Acceptable Use of College Computer and Network Systems Policy
Access Control Policy
Password Policy</s> |
<s>[INST] Substantive Changes in Draft 6.txt [/INST] Substantive Changes in Draft 6
Below is a summary of key substantive changes introduced to the 6th draft of the Faculty Handbook.
Chapter Two – Faculty Governance
2.1 Faculty Bylaws
Article III - Meetings
In response to comments received and the results of the ECF survey on this topic, the FHRT has modified this clause to reflect that attendance at meetings is encouraged as opposed to “expected”.
Article IV – Nominations and Election Procedures
A new Section 4 was added per the request of the Executive Committee of the Faculty that addresses the election of faculty members to University-wide (as opposed to faculty standing) committees, task forces, work groups, etc. The newly added text requires that faculty to be elected to any University-wide committee, task force, etc. charged with addressing matters that “fall within an area of primary faculty responsibility as defined in the Article VIII, Section 2 of the Code of Regulations.”
In the prior draft, the President was permitted to appoint faculty to University-wide committees outside the faculty standing committee structure. Of note, the President has raised concerns and is opposed to this new section.
Chapter Three - Full-time Faculty Personnel Policies
3.2.4: Librarians
A new definition of Librarians provided by TAC was added to the draft. Per the new text, University librarians are defined as staff members doing work that requires professional education in the theoretical and scientific aspects of librarianship, archives, or information studies. A definition for “other professional librarian staff” was also provided (staff performing professional level tasks who, though not librarians, have equivalent education and training in related fields and are assigned formal teaching responsibilities).
Per the newly added text, both categories are afforded voting privileges at Faculty meetings and are eligible for election to Faculty standing committees. In addition, these individuals may use the appropriate appeal process in the Faculty Handbook for cases involving alleged violations of their academic freedom. For activities outside of teaching responsibilities, University librarians and other professional librarian staff, as members of the University’s professional staff, are guided by employment policies applicable to staff as set forth in the Employee Manual.
3.2.6.1: Professor Emeriti
A revised listing of faculty emeriti recognitions and privileges was added.
3.6.1.1: Standard Full-time Teaching Load
Alternative Standard Full-time Teaching Load Policy
The model text was edited to make a distinction between workload and teaching load. Per the revised text, the standard workload for Tenure Line faculty includes a standard teaching load, as well as advising, scholarship or creative work, and service responsibilities. The standard workload for full-time Visiting faculty includes a standard teaching load, as well as any other responsibilities (i.e., scholarly or creative work and/or service) as delineated in the individual appointment contract. The standard teaching load for both Tenure Line and full-time Visiting faculty is six full unit courses or its equivalent during the normal academic year of two semesters.
Additional text was also added indicating that teaching load distribution for individual faculty members within a department is the responsibility of the Department Chair.
To help ensure that teaching responsibilities are distributed equitably across all departments, the FHRT added text indicating that Department Chairs will provide semester teaching load distributions to Academic Affairs. If Academic Affairs has equity concerns regarding the distribution of teaching loads within the department, it will work in consultation with the applicable Department Chair and faculty member to resolve the concern.
Increase in the Standard Teaching Load/Overloads
This section was revised to reflect that a faculty member’s acceptance of an overload teaching assignment is strictly voluntary and subject to Academic Affairs approval. At the faculty member’s option, and subject to the approval of Academic Affairs, a faculty member accepting an overload assignment in the fall semester may request an underload in the immediately following spring semester in lieu of compensation for the overload in the fall semester. Requests to take a course reduction in lieu of overload payment may not be rolled over from one academic year to the next.
3.6.1.5: Scheduled Class Meeting and Faculty Absences
Several revisions to this section were made to address in-person teaching expectations. One key change was to add text that in-person teaching is an essential function for each faculty position and an expected norm.
Modified text addressing the remote teaching section was also added in response to calls that the text in prior drafts was an intrusion on academic freedom. The new text allows for temporary use of remote teaching technologies in certain circumstances (illness, participation at a professional conference, etc.); however, consultation with the Department Chair and Academic Affairs is required for any course in which remote teaching is used as the main mode of student interaction for more than one week of class sessions, cumulative across a semester. Similarly, if a course design intends to utilize remote technologies as the main mode of student interaction for more than one week of class sessions, cumulative across a semester, the instructor must consult with and receive the approval of the Department Chair and Academic Affairs.
3.9.1 – Evaluation Criteria
Per FPC and faculty feedback, the alternative model text provided in prior drafts addressing a non-weighted evaluation criteria approach was removed and sent to FPC for further study next academic year. The University’s current weight percentages remain in place.
3.9.2.6: External Review
Based on FPC and faculty feedback, the FHRT removed the alternative policy that was included in prior drafts requiring external reviews for all tenure and promotion to full Professor evaluations. The alternative model text, as well as research on the topic, has been transmitted to the FPC for further study over the next academic year.
3.9.4.2: Eligibility for Tenure – The Probationary Period
In the prior draft, two policies were reprinted under this heading: (1) the University’s current policy, reprinted from Chapter III.F of the current handbook; and (2) an alternative policy which the Review Team believed more clearly defines the probationary period and affirmatively states that the University does not recognize de facto tenure (i.e., tenure must be affirmatively awarded by the Board). Since no comments were received opposing the alternative policy, the FHRT opted to strike the University’s current text in favor of the alternative model.
3.10.1: Sabbatical Leave
The FHRT, in response to colleague and FPC comments, has made several adjustments to the alternative sabbatical leave policy:
To facilitate course scheduling and planning and verification of eligibility, the revised text requires eligible faculty to declare to Academic Affairs on or before October 1st the semester they will take the leave. This step will allow Academic Affairs to confirm that a sabbatical leave report was filed with the FPC at the conclusion of the faculty member’s last sabbatical leave. The FHRT is concerned that the current University policy presently does not include a mechanism to verify that the report, which is required by current policy, was filed with FPC. The step, in the view of FHRT, will help ensure sabbatical accountability.
The FHRT also introduced revisions to the timeline and content surrounding the submission of a brief written description or abstract of the sabbatical plan. In this draft, the plan/abstract must be submitted three months before the leave; however, text was added allowing for modifications to the plan prior to the leave itself. The FHRT continues to believe that requesting the submission of a brief written description or abstract will help ensure that the faculty member’s leave is as productive as possible by requiring some planning in advance of the leave.
3.12.1.3: Salary Ranges for Initial Appointment
In an effort to address these faculty concerns regarding equity issues without moving away from the ability to hire faculty at market rate salaries by discipline, the FHRT added text indicating that the Academic Affairs, in consultation with the FPC, will review periodically review internal salary patterns by discipline, rank, and gender.
3.13.1: Retirement
A listing of retirement benefits provided by Academic Affairs was included in the draft.
3.13.4: Policies and Procedures Governing Dismissal for Cause
A new definition of “incompetence” was introduced. In addition, the team removed the term “moral turpitude” as it believed the definition of “gross personal misconduct” sufficiently captured such behavior.
3.13.5: Policies and Procedures Governing the Imposition of Sanctions Other than Dismissal for Cause
A clause was added to the Informal Meeting with Provost step requiring that prior to the initial meeting to discuss the complaint, the Provost, unless legal or confidentiality concerns preclude otherwise, must notify the faculty member in writing of the nature of the complaint.
3.13.6: Termination
2.b(1): Termination due to Financially Contingent Situations and Resource Allocation
Several changes were introduced to this section.
The first change was the addition of a new step to include faculty participation in the declaration of a financially contingent situation. Per this section, the Board is still solely authorized to determine that a financial contingent situation exists or is imminent. However, there is now allowance for the UGC to be invited to be present when the Board of Trustees considers matters related to financial contingency. Moreover, the UGC may, at the discretion of the Chair of the Board of Trustees, be invited to address the Board on behalf of the faculty as part of the Board's deliberations. The new clause also stipulates that the President shall present relevant financial data to the UGC that a financial contingent situation exists or is imminent, and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of faculty positions.
The second major change was the addition of detailed procedures codifying the procedures that were followed by the University during the most recent program review that resulted in faculty terminations.
The third change was the addition of a clause that delineates the normal sequence of faculty layoffs due to a financially contingent situation. Per the clause, the University will first consider faculty attrition, followed by termination of part-time and visiting faculty positions, and then tenure-track and tenured faculty. Unless a serious distortion of department or program would otherwise result, tenured faculty are retained in favor of tenure-track faculty.
2.b(2): Program or Department Discontinuance Due to Educational Considerations
The FHRT introduced several revisions to the policy, including references to the Academic Review Process procedures in 2.b(1) above, as well as the addition of text addressing AAUP recommended protections with respect to the possibility of reassignment and retraining prior to the termination a tenured faculty appointment. Moreover, all references to program reductions were removed.
3.14.1: Appeals Procedures in Nonrenewal for Performance Reasons
Based on faculty feedback, the FHRT removed the alternative appeals policy that appeared in prior drafts of the handbook. Per faculty suggestions during open meetings, the definitions of “prejudicial error” and “inadequate consideration” from the alternative model were incorporated into the University’s current policy.
Chapter Five - Allocation and Review of Faculty Positions
5.2.1: Initial Authorization of Positions
Per APAC member feedback, APC/APAC does not currently make recommendations for visiting (term) positions. As such, adjustments were made to the policy reflecting that this policy only applies to the approval of tenure-line positions.
5.2.2: Re-Authorization of Vacant Positions
The process for re-authorizing vacant positions was modified by the FHRT in consultation with APAC to streamline the process. Per the modified text, within two weeks of receiving a Vacancy Memorandum, APAC, utilizing the same criteria used for regular position allocations, will make an initial written recommendation to the Provost and President regarding whether the vacant position should be immediately reauthorized or evaluated by the Committee pursuant to the standard allocation process. The Committee reserves the right to recommend position allocation in diverse ways that meet the needs and strategic importance of the position to the department and University.
Appendix C – Policy Statement on Appointment of Librarians
The FHRT revised Appendix C based on information provided in TAC’s memo to the team. Specifically, TAC recommended that qualifying library staff retain voting rights and the ability to participate in relevant faculty committee work and receive relevant faculty communications.</s> |
<s>[INST] Suggested Revisions to ARTICLE VIII.txt [/INST] ARTICLE VIII
THE FACULTY
Section 1. The Faculty of Ohio Wesleyan University shall consist of the Professors, the Associate Professors, the Assistant Professors, the Instructors, the President, the Provost, the Vice Presidents of the University, and others officially admitted by the Faculty.
Section 2. It shall be the primary function of the Faculty to instruct the students in the arts and sciences, and in all branches of liberal and professional instruction, according to the highest academic standards. Under the leadership of the President and subject to review procedures provided elsewhere in the Code, the Faculty shall have primary responsibility for the following additional functions:
Academic standards and policy for the admission, retention, and graduation of students.
Curricula necessary to achieve the educational aims of the University and periodic review of those curricula.
General policy and regulations for the conduct of intercollegiate athletics and other formalized intercollegiate activities.
Faculty employment, appointments, non-reappointments, promotions, tenure, evaluation criteria for merit increases, dismissals, professional development leaves of absences, and grants-in-aid for scholarly research.
Section 3. The Faculty may determine its own By-Laws within the framework of the policies established by the Board of Trustees and consistent with the Charter of the University and this Code of Regulations.
Section 4. OFFICERS OF THE FACULTY
The Faculty shall elect a Secretary at the April meeting of the Faculty to serve for a term of two years commencing on the June first following such election. Such Secretary and the President of the University and the Provost shall be the officers of the Faculty.
The Provost shall receive communications directed to the Faculty and shall issue communications from the Faculty and shall, with the aid of the Secretary of the Faculty, prepare the agenda for all Faculty meetings.
The Secretary of the Faculty shall prepare and keep full and complete minutes of all Faculty meetings.
Section 5. The Faculty shall be organized into such academic departments and divisions as are necessary for proper administration of personnel policies and the property planning, direction, and teaching of courses. Chairpersons of such departments or divisions shall be responsible to the President or the Provost as the President may determine, and shall be appointed by the President after consultation with the members of the academic department or division immediately concerned.
Section 6. STANDING COMMITTEES OF THE FACULTY
Standing committees of the Faculty shall be designated, elected and directed by the Faculty, shall have as ex officio members the President of the University and the Provost, and each shall elect its Chairperson and Vice-Chairperson from the elected members. The term of service of faculty members of such committees, their eligibility to serve on more than one committee and to be re-elected, and the method of filling vacancies shall be determined by the Faculty. Such committees shall be concerned primarily with academic philosophy and policy, not with administration. The standing committees of the Faculty shall include the Committee on University Governance, which shall consist of four members elected from the Faculty. It shall be the responsibility of the Chairperson and Vice-Chairperson of this Committee to attend meetings of the Executive Committee of the Board of Trustees, and of the whole Committee to attend meetings of the Board of Trustees, subject to the provisions of Article VI, Section 2.f. and Article III, Section 3 hereof. This Committee also shall cooperate with the administrative officers of the University in fiscal planning and budgeting of the University.</s> |
<s>[INST] Survey Questions Ideas.txt [/INST] Suggested Survey Questions
Section III – Open-Ended Questions
The Task Force may want to consider adding the following question to the Open-Ended Questions section of the survey.
In your opinion, what one to three specific things could help improve the current promotion and tenure process?
With respect to the faculty evaluation system in place at the University, please respond below if you have any additional feedback to share with the Task Force:
New DEI Section
The Task Force may want to consider adding a new section to address DEI issues. If so, we have provided a few questions for the Task Force’s consideration and comment:
From what I can gather, tenure and promotion criteria and standards are consistently applied:
Strongly agree
Somewhat agree
Neither agree nor disagree
Somewhat disagree
Strongly disagree
Decline to answer
From what I can gather, tenure and promotion decisions here are fair for all faculty regardless of diversity:
Strongly agree
Somewhat agree
Neither agree nor disagree
Somewhat disagree
Strongly disagree
Decline to answer
Scholarly productivity and professional service that incorporates Diversity, Equity, and Inclusivity principles should receive credit equivalent to all other areas of scholarly productivity and professional service in the promotion and tenure process:
Strongly agree
Somewhat agree
Neither agree nor disagree
Somewhat disagree
Strongly disagree
Decline to answer
Service that incorporates Diversity, Equity, and Inclusivity principles should be acknowledged and receive credit in the promotion and tenure processes:
Strongly agree
Somewhat agree
Neither agree nor disagree
Somewhat disagree
Strongly disagree
Decline to answer
Miscellaneous Questions
The Task Force may want to consider adding a new “miscellaneous” section to include the following questions:
The current Faculty Handbook states that teaching effectiveness is… “weighted most heavily.” Should University-wide weight ranges be assigned to each evaluation category to clarify the promotion and tenure criteria and guidelines for both candidates and evaluators?
Yes
No
Unsure
Because the nature of teaching effectiveness, scholarly productivity/professional service/creative works, and service differs in some respects among academic disciplines, should discipline-specific standards for tenure and promotion be developed by departments or program areas?
Yes
No
Unsure
For the purposes of promotion and tenure, I think advising should be evaluated under:
Advising (i.e., remain as a stand-alone criterion)
Teaching
Service
Other</s> |
<s>[INST] Table of Contents (Draft 1).txt [/INST] Faculty Bylaws (or Statutes)
Proposed Table of Contents
Article I - The College Faculty
Membership of Faculty
Section 1: Members of the Faculty
Section 2: Functions (Faculty Responsibilities)
The Faculty Assembly
Section 1: Voting Members
Section 2: Officers
Section 3. Attendance
Section 4 Faculty Meetings
Procedures at Meetings
Time and Place
Special Meetings
Notification of Proposed Legislation
Necessary Number of Votes
New Business
Agenda
Secretary to the Faculty
Student Access to Minutes
Section 5: Faculty Standing Committees
Article II - Faculty Status and Appointments
Section 1: Faculty Titles
Section 2: Faculty Ranks
Section 3: Faculty Recruitment and Initial Appointment
Section 4: Faculty Appointment Contracts
Section 5: Department Chairs
Article III - Full-time Faculty Personnel Policies
Section 1: Faculty Rights and Standards of Professional Conduct
Academic Freedom and Responsibility
Statement on Professional Ethics
Statement on Plagiarism
Outside and Summer Employment
Faculty Grievances
Section 2: Faculty Responsibilities
Teaching Activities
Scholarly and Creative Work Activities
Service Activities
Section 3: Evaluation of Faculty Performance
Annual Evaluations
Section 4: Promotion in Rank
Section 5: Tenure
Section 6: Faculty Development
Sabbatical Leave
Section 7: Faculty Compensation, Benefits, and Leaves
Section 8: Faculty Separation
Resignation
Non-Reappointment
Dismissal for Cause
Faculty Layoffs (Financial Exigency & Program Discontinuation)
Article IV - Part-time Faculty Personnel Policies
Section 1: Part-time Faculty Titles and Appointments
Voting Rights
Duration of Appointments
Section 2: Part-time Faculty Rights and Standards of Professional Conduct
Section 3: Part-time Faculty Responsibilities
Section 4: Part-time Faculty Evaluation
Section 5: Benefits and Compensation
Section 6: Part-time Faculty Separation
Resignation
Notice of Termination
Dismissal for Cause</s> |
<s>[INST] Table of Contents - Draft 1.txt [/INST] Table of Contents
1 Chapter One: Code of Regulations of the Trustees of the Ohio Wesleyan University 1
2 Chapter Two: Faculty Governance 2
2.1 Faculty Bylaws 2
2.2 Descriptions of Faculty Committees 7
2.3 Academic Departments and Department Chairs 19
2.3.1 Academic Departments 19
2.3.2 Department Chairs 19
3 Chapter Three: Full-time Faculty Personnel Policies 20
3.1 Preamble and General Policy 20
3.2 Faculty Classifications 20
3.2.1 Full-Time Teaching Faculty 28
3.2.2 Part-Time Faculty 29
3.2.3 Administrators with Faculty Status 30
3.2.4 Librarians 31
3.2.5 Faculty-in-Residence 32
3.2.6 Honorific Faculty 33
3.3 Faculty Contracts 35
3.3.1 Types of Faculty Contracts 35
3.3.2 Annual Contract Period 36
3.3.3 Contract Terms 36
3.3.4 Area of Appointment 36
3.3.5 Joint Appointments 37
3.4 Faculty Recruitment, Initial Appointment, and Placement in Rank 38
3.4.1 Position Authorization 38
3.4.2 Search Procedures 38
3.4.3 Rank and Salary of Initial Appointment 40
3.4.4 Prior Service Credit 40
3.4.5 Faculty Qualifications 40
3.4.6 Appointment of Foreign Nationals 43
3.5 Faculty Rights and Standards of Professional Conduct 44
3.5.1 Academic Freedom 44
3.5.2 Professional Ethics 44
3.5.3 Statement on Plagiarism 45
3.5.4 Observance of University Mission and Policies 46
3.5.5 Confidentiality 46
3.5.6 Conflict of Interest – Faculty Specific Activities 46
3.5.7 Outside Activities 47
3.5.8 Faculty-Student Relationships 48
3.5.9 Sexual and Other Unlawful Discrimination or Harassment 52
3.6 Contractual Obligations and Duties of a Faculty Member 53
3.6.1 Teaching 53
3.6.2 Scholarly or Creative Work Contributions 61
3.6.3 Service to the University and Community 61
3.7 Faculty Personnel Records 63
3.8 Faculty Evaluation 66
3.8.1 Evaluation Criteria for Personnel Decisions 66
3.8.2 Evaluation of Full-time Faculty Members 74
3.8.3 Evaluation for Reappointment 81
3.8.4 Evaluation for Tenure 87
3.8.5 Evaluation for Promotion 93
3.8.6 Evaluation for Merit Salary Increments 96
3.8.7 Confidentiality of Faculty Personnel Committee Minutes 100
3.9 Faculty Professional Development 101
3.9.1 Regular Paid (Sabbatical) Leave 101
3.9.2 Special Released Time for Scholarly Production 103
3.9.3 Retraining Leaves 105
3.9.4 Professional Development Leave Without Pay 105
3.9.5 Individual Professional Development Accounts 107
3.10 Faculty Awards 109
3.10.1 The Welch Meritorious Teaching Award 109
3.10.2 The Sherwood Dodge Shankland Award for Encouragement of Teachers 110
3.10.3 The Welch Award for Scholarly or Artistic Achievement 110
3.11 Faculty Compensation, Benefits, and Non-Professional Development Leaves 112
3.11.1 Faculty Compensation 112
3.11.2 Benefits 113
3.11.3 Faculty Leaves 124
3.12 Separation from Service 129
3.12.1 Resignation 129
3.12.2 Retirement 129
3.12.3 Nonrenewal of Appointment 129
3.12.4 Policies and Procedures Governing Dismissal for Cause 130
3.12.5 Policies and Procedures Governing Imposition of Sanctions Other than Dismissal for Cause 136
3.12.6 Termination 138
3.13 Faculty Appeals and Grievances 146
3.13.1 Appeals Procedure in Nonrenewal for Performance Reasons 146
3.13.2 Appeals on Grounds of Academic Freedom in Cases of Termination of a Tenure Track Position or Conversion of a Tenure Track Position to Non-Tenure Track Term 152
3.13.3 Other Faculty Grievances 153
4 Chapter Four: Part-time Faculty Personnel Policies 156
4.1 Academic Titles for Part-Time Faculty 156
4.2 Recruitment and Initial Appointment of Part-Time Faculty 156
4.2.1 Establishment of Need for Part-Time Faculty 156
4.2.2 Recruitment of Part-time Faculty 156
4.2.3 Part-time Faculty Rights and Privileges 156
4.2.4 Part-time Faculty Contractual Duties and Responsibilities 157
4.3 Terms of Part-Time Faculty Appointments 157
4.3.1 Part-time Instructors 157
4.3.2 Lecturers 159
4.3.3 Senior Lecturers 162
4.3.4 Appeal Procedures for Part-Time Faculty 164
4.3.5 Approval of Appointments and Promotions 164
4.3.6 Course Assignments Contingent upon Need 164
5 Chapter Five: Allocation and Review of Faculty Positions 165
5.1 Preamble and General Policy 165
5.2 Authorization of Full-time Teaching Faculty Positions 165
5.2.1 Initial Authorization of Positions 165
5.2.2 Re-authorization of Vacant Positions 166
5.2.3 Guidelines for Allocation and Review of Full-time Teaching Faculty Positions 166
5.3 Review of Tenure Track Positions 167
5.3.1 Scheduled Review 167
5.3.2 Discretionary Review 168
5.3.3 Appeals Related to Regular and Discretionary Reviews 169
5.4 Faculty Selected for Administrative Positions 169
5.5 External Candidate Appointed as Provost and Granted Tenure with That Appointment 170
6 Chapter VI – Amendments to the Faculty Handbook and Sanction of the Board of Trustees 171
6.1 Amendments to the Faculty Handbook 171
6.2 Sanction of Board of Trustees 171
Appendices 172
Appendix A: Faculty Personnel Forms 172
Appendix B: Diversity, Equity, and Inclusion Policy 172
Appendix C. Policy Statement on Appointment of Librarians 172</s> |
<s>[INST] Table of Contents - Review Team Meeting.txt [/INST] Table of Contents
1 Chapter One: Code of Regulations of the Trustees of the Ohio Wesleyan University 1
2 Chapter Two: Faculty Governance 2
2.1 Faculty Bylaws 2
2.2 Descriptions of Faculty Committees 6
2.3 Academic Departments and Department Chairs 18
2.3.1 Academic Department 18
2.3.2 Department Chairs 18
2.4 Amendments to the Faculty Handbook 19
3 Chapter Three: Faculty Personnel Policies 19
3.1 Preamble and General Policy 19
3.1.1 Faculty Committee Advice 20
3.1.2 Sanction of Board of Trustees 20
3.2 Kinds of Faculty Positions 20
3.2.1 Tenure Track Faculty 21
3.2.2 Term Faculty 21
3.2.3 Adjunct Professors 22
3.2.4 Administrative Faculty 23
3.2.5 Professional Librarians 23
3.2.6 Honorific Faculty 23
3.3 Kinds of Appointments 24
3.3.1 Full-time Appointments 25
3.3.2 Part-time Appointments 26
3.4 Faculty Contracts 32
3.4.1 Annual Contract Period 32
3.4.2 Contract Terms 32
3.4.3 Area of Appointment 32
3.4.4 Joint Appointments 33
3.5 Faculty Recruitment, Initial Appointment, and Placement in Rank 34
3.5.1 Rank and Salary of Initial Appointment 34
3.5.2 Faculty Credentials 34
3.5.3 Appointment of Foreign Nationals 34
3.5.4 External Candidate Appointed as Provost and Granted Tenure with That Appointment 34
3.6 Faculty Rights and Standards of Professional Conduct 35
3.6.1 Academic Freedom 35
3.6.2 Professional Ethics 36
3.6.3 Statement on Plagiarism 37
3.6.4 Observance of University Policies 37
3.6.5 Conflict of Interest – Faculty Specific Activities 38
3.6.6 Outside Activities 39
3.6.7 Faculty-Student Relationships 41
3.6.8 Prohibition of Harassment and Unlawful Discrimination 41
3.6.9 Violations of Faculty Rights, Academic Freedom and Professional Ethics 42
3.7 Contractual Obligations of a Faculty Member 42
3.7.1 Teaching 42
3.7.2 Scholarly or Creative Work Contributions 48
3.7.3 Service to the University and Community 48
3.7.4 Contributions to Diversity, Equity, and Inclusion 48
3.8 Faculty Personnel Records 49
3.9 Faculty Evaluation 50
3.9.1 Evaluation Criteria for Personnel Decisions 50
3.9.2 Evaluation Components and Review Materials 55
3.9.3 Annual Evaluation for Reappointment 59
3.9.4 Evaluation for Tenure 64
3.9.5 Evaluation for Promotion 69
3.9.6 Evaluation for Merit Increments 70
3.9.7 Faculty Personnel Committee Minutes 70
3.10 Faculty Professional Development 71
3.10.1 Pre-Tenure Regular Paid (Sabbatical) Leave for Full-Time Faculty 71
3.10.2 Regular Paid Leaves (Sabbatical) for Tenured Full-Time Faculty 73
3.10.3 Special Released Time for Scholarly Production 74
3.10.4 Retraining Leaves 75
3.10.5 Professional Development Leave Without Pay 75
3.10.6 Assistance With Travel and Other Professional Expenses 76
3.11 Faculty Awards for Teaching and Scholarly or Artistic Achievement 77
3.11.1 The Welch Meritorious Teaching Award 77
3.11.2 The Sherwood Dodge Shankland Award for Encouragement of Teachers 78
3.11.3 The Welch Award for Scholarly or Artistic Achievement 78
3.12 Faculty Compensation, Benefits, and Non-Professional Development Leaves 79
3.12.1 Salary 79
3.12.2 Benefits 80
3.12.3 Faculty Leaves 87
3.13 Separation from Service 88
3.13.1 Retirement and Voluntary Separation 88
3.13.2 Nonrenewal of Appointment 88
3.13.3 Policies and Procedures Governing Dismissal For Cause 88
3.13.4 Policies and Procedures Governing Imposition of Sanctions Other than Dismissal for Cause* 92
3.13.5 Termination 92
3.14 Faculty Grievances 98
4 Chapter Four: Part-time Faculty Personnel Policies 101
4.1 Preamble and General Policy 101
4.2 Academic Titles for Part-Time Faculty 101
4.3 Recruitment and Initial Appointment of Part-Time Faculty 101
4.3.1 Establishment of Need for Part-Time Faculty 101
4.4 Terms of Part-Time Appointments 101
4.5 Rights and Privileges of Part-Time Faculty 107
5 Chapter Five: Allocation and Review of Faculty Positions 107
5.1 Preamble and General Policy 107
5.2 Initial Authorization of Positions 108
5.2.1 Guidelines for Allocation and Review of Faculty Positions 108
5.3 Re-authorization of Vacant Positions 108
5.4 Review of Tenure Track Positions 108
5.5 Faculty Selected for Administrative Positions 110
Appendices 113
Appendix A: Faculty Personnel Forms 113
Appendix B: Diversity, Equity, and Inclusion Policy 113
Appendix C. Policy Statement on Appointment of Librarians 113</s> |
<s>[INST] Teaching Load Assignments.txt [/INST] Teaching Load Assignments/Approvals
Wooster
After consultation with the department chairperson and the Teaching Staff and Tenure Committee, the Provost has the responsibility to oversee the teaching load of each department. In doing so the Provost shall take into consideration such factors as (1) the curricular goals for the department, (2) the types and requirements of the courses to be taught for the coming academic year, (3) the number of I.S. students, (4) the number of sections of First-Year Seminar, (5) the number of students taught the year before, (6) extra-departmental responsibilities, and (7) the number of leaves granted to members of the department.
Subject to review by the Provost, the department chairperson shall then have the responsibility to set the load for each individual member of their department in terms of college, departmental, and individual needs. The normal range of course units taught per faculty member in any academic year shall be from five to six. Any combination of registrations equaling ten of Independent Study and 400 tutorial shall equal one course unit. The departmental program shall be evaluated by the chairperson and the Provost each year in preparation for setting the load for the coming year. The intention shall be to apportion equitably among the departments and Faculty the teaching load of the College in a manner consistent with the special situation of each department and consistent with the needs of the College.
Antioch
Faculty workload is defined as teaching load plus other duties such as advising, committee work, and other duties as described below…
The vice president for academic affairs is responsible for monitoring teaching load and for ensuring that teaching overload and teaching underload are avoided as much as possible. When either situation is unavoidable, the vice president for academic affairs and the faculty will consult the Academic Policies and Guidelines Handbook for equitable, agreeable solutions
Note: The Academic Policies and Guidelines Handbook is not publicly available.
Alleghany College
Not addressed in Faculty Handbook.
Oberlin
Not addressed in Faculty Guide.
Kenyon
Not addressed in Faculty Handbook.
Kalamazoo
Not addressed in Faculty Handbook.
Hope College
B. NORMAL COMPONENTS OF A FACULTY MEMBER'S PROFESSIONAL OBLIGATIONS
Teaching Assignments: Requisite faculty contact hours (FCN), normally 12 per semester, or student contact hours (SCN) as determined by the department and as approved by the academic dean and the Provost.
Albion
Not addressed in Faculty Handbook.
Wabash
Not addressed in Faculty Handbook.
Earlham
Not addressed in Faculty Handbook.
Depauw
Not specifically addressed in Faculty Handbook.
The normal teaching duties of a full time member of the DePauw faculty within the College of Liberal Arts shall be equivalent to twelve contact hours per week each semester (18 hours for applied faculty within the School of Music) and the whole range of attendant duties involved in teaching (preparation, evaluation, and reflection) necessary to support these hours. Within the College of Liberal Arts, individual departments, interdisciplinary programs and schools are responsible for determining, with the approval of the Vice President for Academic Affairs (for the College of Liberal Arts) and the approval of the Dean of the School of Music (for the School of Music), what counts as a normal teaching load under this general guideline.</s> |
<s>[INST] Teaching Load Examples.txt [/INST] Teaching Load Examples
Trinity</s> |
<s>[INST] Teaching Policies For Academic Best Practices Manual.txt [/INST] Teaching Policies For Academic Best Practices Manual
Academic Advising
Members of the full-time faculty are expected to support students through informed and effective academic advising. Beginning with their second year of an appointment, faculty members are expected to advise their assigned students and to assume an equitable number of student advisees as assigned by the Department Chair. Moreover, faculty members should be informed academic advisors, with current knowledge about and attentiveness to the following:
General education, major, and minor requirements.
General academic policies, including processes for filing paperwork related to a student’s academic record.
Available campus resources for students (e.g., disabilities, career planning and other academic and personal assistance).
In addition, faculty members are expected to monitor their advisees’ academic progress, working with an advisee not showing adequate academic progress to determine the cause and to seek campus resources to cope with academic or personal challenges, if necessary.
Availability to Students and Colleagues
Because Ohio Wesleyan University is a teaching institution, the University expects a full-time faculty member’s commitment to teaching to translate into an established campus presence. Regular office hours constitute one means to demonstrate accessibility to students. A pattern of student complaints regarding faculty accessibility or class attendance may be a sufficient cause for a negative personnel decision.
As professional educators and scholars and in keeping with the mission and aims of the University, members of the full-time faculty are further expected to allocate their time to assist their colleagues in the shared work of the University and attend faculty meetings and University and department events.
Course Syllabi
In accordance with Criterion 2B in the Higher Learning Commission Criteria for Accreditation, students must be provided clear and complete course information for each course taken at the University, a requirement that is supported through the distribution of a syllabus. In addition, the Higher Learning Commission has a role in reviewing University compliance with the U.S. Department of Education’s requirements related to the credit hour definition. Evidence of compliance in this regard is provided, in part, through the Commission’s review of sample course syllabi. Based on the above, it is the expectation of the University that each faculty member at a minimum distribute or electronically post on the Learning Management System (preferable) a course syllabus for each course taught within the first week of the course. Such syllabi must include the following information (though not necessarily in this order):
Course name
Course credit hours
Course location and meeting times
The instructor’s name, title, contact information (i.e., email address and office number), office location and hours
The course description as published in the Catalog and the expected course objectives and/or student learning goals
Required materials to complete the course (e.g., texts, lab equipment, etc.)
The requirements to complete the course:
Required assessments (i.e., assignments, exams, presentations, performances, etc.)
Grading scale and assignment weights
Any additional course and academic program policies, as appropriate (e.g., travel, field experiences, engagement, make-up work, extra credit, etc.)
Policies:
Attendance policy for the course
Reference to the University Academic Honesty Policy
A statement indicating that accommodations will be made for students with documented disabilities and contact information for the Accessibility Services Office
Reference to the University’s Title IX and Sexual Harassment Policy
In addition to the above, a statement reserving the course instructor’s right to change the syllabus as needed, provided clear communication with the students about the changes is assured, is also recommended.
Copies of each syllabus, for archival and accreditation compliance purposes, must be submitted to the institutional syllabus upload page on or before the date published by Academic Affairs.
Textbooks
Per the Higher Education Opportunity Act of 2008, the University is required to electronically post textbook and other course materials in the schedule of classes prior to the start of registration each semester. Faculty must provide this information directly to the bookstore via an order form or may enter this information through INSERT LINK on or before the date published by Academic Affairs.
Students with Disabilities
The University is committed to complying with federal and state requirements regarding the provision of a reasonable accommodation(s) for students with disabilities.
As such, course instructors have the responsibility to:
Assist in maintaining the confidentiality of a student with a disability.
Encourage students with disabilities to seek out the Accessibility Services Office for official accommodations to ensure their success.
Contact the Accessibility Services Office with questions or concerns about reasonable accommodations or a student with a disability.
With the assistance of the Accessibility Services Office, provide a requested reasonable accommodation(s) as indicated on an “Accommodation Letter” presented by a student enrolled in the faculty member’s course or lab.
Use of Approved Learning Management System
Faculty teaching online and hybrid learning classes are required to use the University’s approved learning management system. Faculty teaching courses solely meeting on campus are strongly encouraged to use the University’s learning management system for the posting of the course syllabus, course modules, grades, and feedback on assignments.
Knowledge of Academic Policies, Procedures, and Curricula
Faculty members are expected to familiarize themselves with and abide by the academic policies and procedures published in the current Catalog and, as applicable, Academic Affairs. Members of the faculty are also responsible for understanding the degree requirements (both general education and major and minor requirements) and other curricular regulations of their academic program(s) with which they are directly involved.</s> |
<s>[INST] Teaching Responsibilities Text Removed from Article IV.txt [/INST] Teaching Responsibilities Text Removed from Article IV
Teaching Load
The normal course load at Wheaton for full-time tenure-line faculty is five courses or the equivalent per academic year. each course meeting for three hours per week.
For Professors of the Practice, the normal course load is six courses or the equivalent per academic year.
The Provost, after receiving and considering the recommendation of the appropriate Department Chair or Program Coordinator and in consultation with the Committee on Educational Policy and the Provost’s Advisory Committee, determines teaching equivalencies for workload assignments according to the following considerations:
The number of student contact hours and extent of faculty preparation required
The number of student course credits generated
Curricular requirements in effect, such as internships, practicums, and field experiences
Standards promulgated by accrediting agencies, professional organizations, or disciplinary bodies
Responsibility for organized instructional activities.
Overloads
Faculty who teach more than [six] courses in an academic year shall seek the prior approval of their Department Chair or Program Coordinator and Provost for teaching an overload.
For faculty with joint appointments, prior approval shall be sought from the Department Chair or Program Coordinator of the faculty member’s department/program of primary academic appointment and the Provost. Those faculty members who support programs, majors, minors, etc. but who do not have a formal joint appointment must obtain prior approval from the Provost, who will consult with the Department Chair/Program Coordinator from the faculty member’s primary academic department/program, as well as the Department Chair/Program Coordinator of the program the faculty member support. In all instances, the Provost shall make the final decision.
Approved overloads are compensated in accordance with guidelines established by the Provost’s Office.
Underloads
If an underload occurs, whether due to a course cancellation or other cause, the faculty member may be assigned alternative teaching responsibilities, possibly in a subsequent semester, or may be granted release time for other duties at the discretion of the Provost.
Teaching Releases
Release from teaching to perform administrative or other specified duties must be approved by the Provost following consultation with the faculty member receiving the release and the appropriate Department Chair(s)/Program Coordinator(s).
Scheduled Class Meetings
Faculty are expected to meet their classes punctually as scheduled. Changes to the College schedule of course meeting times must be approved, in advance, by the Department Chair or Program Coordinator and Provost. When such changes are sought for a course that is not cross-listed but that counts toward and/or supports a major other than one housed within the department or program under which the course is listed, the faculty member is encouraged to consult with, and required to notify, the Department Chair or Program Coordinator of the affected major and the Registar. Changes to the College schedule of meeting times for cross-listed courses must be approved, in advance, by the Chair(s) and/or Coordinator(s) of each department and/or program under which the course is listed.
If a faculty member is unable to attend a class meeting, they are responsible for notifying their Department Chair or Program Coordinator and appropriate administrative assistant , as well as amake appropriate alternative arrangements (e.g., class cancellation, rescheduling the class meeting, finding a substitute instructor, or replacement of the class session by a substitute activity). If the Department Chair or Program Coordinator is not available, the faculty member should notify the Provost’s Office.
Anticipated extended medical leave absences must be reported to the faculty member’s Department Chair/Program Coordinator, Provost’s Office, and Human Resources in accordance with established Human Resource policy.
Availability to Students and Colleagues
As professional educators and scholars, members of the full-time teaching faculty are expected to allocate their time to fulfill their individual appointment responsibilities, assist their colleagues in the shared work of the department/program and College, and attend faculty meetings and College events. Accordingly, full-time faculty are normally expected to be available for meetings, office hours, and teaching at least three days a week during the academic year, as well as make themselves available an additional day each week for meetings, department functions, and other applicable service responsibilities.
In addition to being reasonably available for in-person, synchronous meetings with students and colleagues, faculty members are expected to be reasonably available for asynchronous and/or remote communication with students and colleagues. During times of intensive student-faculty work (including student advising and registration in the College), it may be necessary for faculty members to schedule additional office hours. Similarly, it may be necessary for faculty members to make themselves reasonably available to faculty colleagues and administrators to conduct department/programmatic or College work that occurs on an unscheduled basis. As such, faculty members are expected to ensure that they are available often enough to meet assigned responsibilities.
Course Syllabi
Faculty are required for each course taught, each term the course is taught, to provide students a complete and current syllabus, as well as upload the course syllabus to the instructor’s course site on the learning management system. Syllabi are collected each semester and archived by the Library. Syllabi must contain the following minimum content:
Course name
Course credit hours
Course location and meeting times
The instructor’s name, title, and contact information, office location and hours
Course objectives and student learning outcomes
A course outline
Grading and attendance policies
Required texts
Any additional course and academic program policies, as appropriate (e.g. travel, field experiences, engagement, make-up work, extra credit, etc.)
A Title IX statement.
Accessibility/Disability Services Statement: Wheaton is committed to ensuring equitable access to programs and services and to prohibit discrimination in the recruitment, admission, and education of students with disabilities. Individuals with disabilities requiring accommodations or information on accessibility should contact the Director for Accessibility Services at the Filene Center for Academic Advising and Career Services: [email protected] or (508) 286-8215: You can find more info here: https://wheatoncollege.edu/academics/filene-center-for-academic-advising-and-career-services/accessibility-services/
Counseling Center: The confidential and FREE mental health resource on campus for all students offers in person and telehealth mental healthcare. To learn about services, visit the Counseling Center’s website, or give the office a call at 508-286-3905. Additionally, the Mental Health Support Line is available anytime the CC is not, by calling the front desk 508-286-3905 and following voicemail prompts to be connected to a clinician (24/7, available in languages other than English, and accessible from anywhere you are in the world).
The Committee on Educational Policy will periodically review the above listing and update as necessary.
Students with Disabilities
Section 504 of the Federal Rehabilitation Act of 1973 requires that institutions make “reasonable accommodations” for students with disabilities, and the Americans with Disabilities Act of 1990 provides even more extensive protections for citizens with disabilities. The College is committed to complying with federal and state requirements regarding the provision of reasonable accommodations for students with disabilities and will make reasonable accommodations to the needs of eligible students.
Faculty members have the responsibility to:
Assist in maintaining the confidentiality of the student with a disability.
Consider including a statement in the syllabus indicating the faculty member’s willingness to provide reasonable accommodations to a student with a disability and serve as an invitation to seek out Accessibility Services for official accommodations.
Encourage students with disabilities to seek out Accessibility Services for official accommodations to ensure their success.
Contact the Office of Accessibility Services with questions or concerns about accommodations or a student with a disability.
Provide a requested accommodation(s) as indicated on an “Accommodation Letter” presented by an enrolled student. The faculty member should endeavor to accommodate the student with the assistance of Academic Support Services.
Knowledge of Academic Policies, Regulations, and Curricula
Faculty members are expected to familiarize themselves with and abide by the academic policies and regulations published in the current College Catalog, as well as any applicable departmental or program policies.
Members of the faculty are also responsible for understanding the degree requirements (both general education and major requirements) and other curricular regulations of their academic program(s) with which they are directly involved. To properly advise students, faculty members should be familiar with academic requirements, policies, and regulations applicable to those students they advise.
Student Course Feedback Forms Course Evaluations by Students EvaluationsFeedback
Members of the faculty shall distribute s Student course evaluation feedback forms are electronically distributed to students in all classes during the final two weeks of the fall and spring semesters. Evaluation Student course feedback procedures and forms shall conform to the terms of this legislation policy, as proposed by the Committee on Educational Policy, approved by the faculty, and set forth [INSERT LINK TO WHERE THE POLICIES WILL BE PUBLISHED]below. Instructors are encouraged to provide students class time to complete the forms.
The student course feedback results, in combination with other evidence of teaching performance (e.g., peer evaluations, Year End Self Evaluation Reports, dossier self-assessment, syllabi, and other course resources), are considered as a point of reference to assist the evaluations of a faculty member’s overall teaching performance. Student course feedback is never to be used in isolation as a means of recommending reappointment, promotion, or tenure. Rather, evaluators will take due consideration in interpreting trends across multiple courses/terms when referencing student feedback during the teaching performance evaluation process.
Design of Evaluation Course Feedback Forms
Design of Evaluation Course Feedback Forms shall begin with the following statement:
This evaluation course feedback form gives you an opportunity to communicate to your instructor your views of the strengths and weaknesses of this course. It is a tool that can help your instructor to understand student opinion and to improve this class and her or histhe instructor’s teaching in general. The appropriate faculty committees will also review this evaluation feedback as part of faculty re-appointment, merit, tenure, and promotion processes. You are urged to take this evaluation opportunity to provide feedback seriously and to answer questions completely and thoroughly. The anonymity of this process will be assured; your instructor will not see your responses until after final grades have been submitted to the Registrar.
Evaluation Course feedback forms shall include the following questions:
Instructor’s Name:
Course Title and Number: ____________________________________
Semester/Year: ______________________________________________
You are a freshman ______ sophomore ______ junior ______ senior ____
You are taking this course (check all that apply):
for major for minor as Gen Ed. Requirement as Elective
What grade do you expect in this course? ____
Approximate number of class meetings that you missed: ____
Average number of hours per week you spend on this course outside class: ___
Amount of time you spend on this course compared to other courses this semester:
much less less about the same more much more
Departments and academic programs shall elicit information relevant to their own discipline. In addition, the following information shall be elicited with questions designed by departments or academic program:
Organization and clarity of the instructor’s presentation.
Fairness of instructor’s evaluation of student’s work.
Instructor’s encouragement of, and receptivity to, student participation in class.
Whether the instructor treats students with respect, courtesy, civility, inclusivity, or professional attitude.
Instructor’s availability and helpfulness to students outside class.
Whether the course, as a whole, made sense.
Whether the course was intellectually stimulating.
The strongest/weakest aspects of the course.
Departments and academic programs may use either numerical-scale questions, open-ended questions, or both. When a numerical scale is used, the highest number shall correspond to the highest rating, and the numbers shall increase from left to right. Departments and academic programs are strongly encouraged to use a 5-point scale if they choose to employ numerical-scale questions. Departments and academic programs are also encouraged to invite narrative comments from students.
All departments and academic programs shall include at a minimum the following two questions on their course evaluation feedback forms. These two questions shall be answered on the five-points rating scale illustrated below:
Overall, how do you rate the instructor of this course?
1 2 3 4 5
Poor Excellent
Comments:
Overall, how do you rate this course?
1 2 3 4 5
Poor Excellent
Comments:
Independent Studies, Honors Theses, and Small Classes
Instructors are encouraged to request evaluations feedback of their own design from students taking independent study courses with them, as well as from students writing honors theses under their supervision.
Instructors may ask students in very small classes to write a group evaluation. In such classes, departments or programs may allow the group evaluation to supplement, or to substitute for, the regular course evaluation feedback forms.
Design, Distribution, and Collection of Evaluation Feedback Forms
Department Chairs and Program Coordinators are responsible for the design and collection of evaluation feedback forms.
Students shall fill out evaluation feedback forms only when the instructor is not present in the room. The instructor shall not read completed evaluations forms until after final grades have been submitted to the Registrar. All evaluations shall be stored in the files of the Department Chair or Program Coordinators. [November 1, 1991, pp. 3858-60; May 7, 1999, pp. 4217-18]</s> |
<s>[INST] Template.txt [/INST] [The Effects of Finishing an Honors Thesis
During the Senior Year at Whitman College]
(title)
by
Student A. Whitman
(name as it is to appear on commencement program)
A thesis submitted in partial fulfillment of the requirements
for graduation with Honors in [major here].
Whitman College
2019
Certificate of Approval
This is to certify that the accompanying thesis by [your name as it is to appear on commencement program] has been accepted in partial fulfillment of the requirements for graduation with Honors in [major].
________________________
[Type name of thesis advisor]
Whitman College
May 08, 2019
Table of Contents
(TOC Instructions: This table can be updated under References > Table of Contents (far left) > Update Table) on a Mac this may be under “Document Elements,” click “update” in the Table of Contents section. If you want to add a section select the title of the section (“Appendix B”) where it is in this doc and make it “Heading 1” under Home > Styles (you can make the font and size anything you want but it will change initially) section titles or anything you want underneath a section should be “Heading 2”.)
Acknowledgements iv
Abstract vi
[List of Illustrations/Tables/Figures/Graphs/Images] vii
[Introduction] 1
[Chapter 1] 2
[Section 1.1] 2
[Section 1.2] 2
[Section 1.3] 2
[Chapter 2] 3
[Section 2.1] 3
[Section 2.2] 3
[Section 2.3] 3
[Chapter 3] 4
[Section 3.1] 4
[Section 3.2] 4
[Section 3.3] 4
[Chapter 4] 5
[Section 4.1] 5
[Section 4.2] 5
[Section 4.3] 5
[Chapter 5] 6
[Section 5.1] 6
[Section 5.2] 6
[Section 5.3] 6
[Chapter 6] 7
[Section 6.1] 7
[Section 6.2] 7
[Section 6.3] 7
[Conclusion] 8
Appendix A 9
Appendix B 10
Appendix C 11
Bibliography 12
Acknowledgements
Abstract
[List of Illustrations/Tables/Figures/Graphs/Images]
(List instructions: This table can be done by hand, but you can also insert one automatically in Word. On any figure within your thesis, insert a caption in References>Captions>Insert Caption. Once everything has a caption, in that same box select Insert Table of Figures and it will be automatically created).
Figure 1: [Figure name] [#]
Figure 2: [Figure name] [#]
Figure 3: [Figure name] [#]
Figure 4: [Figure name] [#]
Figure 5: [Figure name] [#]
Figure 6: [Figure name] [#]
Figure 7: [Figure name] [#]
Figure 8: [Figure name] [#]
[Introduction]
[Text for introduction goes here]
[Chapter 1]
[Text for Chapter 1 goes here]
[Section 1.1]
[Text for 1.1 goes here]
[Section 1.2]
[Text for 1.2 goes here]
[Section 1.3]
[Text for 1.3 goes here]
[Chapter 2]
[Text for Chapter 2 goes here]
[Section 2.1]
[Text for 2.1 goes here]
[Section 2.2]
[Text for 2.2 goes here]
[Section 2.3]
[Text for 2.3 goes here]
[Chapter 3]
[Text for Chapter 3 goes here]
[Section 3.1]
[Text for 3.1 goes here]
[Section 3.2]
[Text for 3.2 goes here]
[Section 3.3]
[Text for 3.3 goes here]
[Chapter 4]
[Text for Chapter 4 goes here]
[Section 4.1]
[Text for 4.1 goes here]
[Section 4.2]
[Text for 4.2 goes here]
[Section 4.3]
[Text for 4.3 goes here]
[Chapter 5]
[Text for Chapter 5 goes here]
[Section 5.1]
[Text for 5.1 goes here]
[Section 5.2]
[Text for 5.2 goes here]
[Section 5.3]
[Text for 5.3 goes here]
[Chapter 6]
[Text for Chapter 6 goes here]
[Section 6.1]
[Text for 6.1 goes here]
[Section 6.2]
[Text for 6.2 goes here]
[Section 6.3]
[Text for 6.3 goes here]
[Conclusion]
[Text for conclusion goes here]
Appendix A
Appendix B
Appendix C
Bibliography
vi
11</s> |
<s>[INST] Tenure Clock.txt [/INST] SCU
Extensions of the probationary period for tenure fall into two categories, routine and discretionary, described below. For both routine and discretionary extensions of the probationary period, the faculty member must submit a Tenure Clock Extension Form to the Provost as soon as possible after the qualifying event or circumstance, but in no case later than September 15 of the penultimate year of the probationary period. If the Provost has not been notified in this manner, the probationary period remains unchanged.
Categories for extensions are as follows:
1. Routine Extensions
A one-year extension of the probationary period will be granted routinely for the following reasons:
the birth or adoption of a child; or
the death of the faculty member’s spouse, registered domestic partner, or child.
Discretionary Extensions
A one-year extension of the probationary period may be granted on a discretionary basis if requested by a faculty member for circumstances that significantly impede progress toward tenure, such as:
a serious health condition of the faculty member; or
a serious health condition of the faculty member’s child, spouse, registered domestic partner, or parent, for whom the faculty member is required to provide significant caregiving; or
other extraordinary circumstances beyond the control of the faculty member.
Extensions of the probationary period for any reason will normally be limited to a total of two years.
A faculty member who is granted an extension of the probationary period will be permitted to apply for tenure before the end of the extended probationary period, as allowed in 3.4.3.2.
Tenure candidates who have been granted an extension of the probationary period will be reviewed under the same academic standards as a candidate who has not had an extension.
St. Mary’s
Tenure-track faculty members have the option of interrupting the probationary period – “stopping the tenure-track clock” – up to a total of two one-year periods for conditions covered by the Family Medical Leave Act or the California Family Rights Act or the Pregnancy Disability Leave, whether or not leave is actually taken.
Stopping the clock under this provision will not be considered a matter for special negotiation, but will be initiated via written notification by the faculty member to the Provost, with copies to the member’s Department Chair and Dean. The option of stopping the tenure clock will be independent of a request for Protected Leave (see 2.13.2.1 Family and Medical Leave Act of 1993/California Family Rights Act) or any other leave. The tenure clock will normally be stopped any time during the academic calendar before the submission deadline for the Form A upon request in writing by the faculty member, and will be restarted automatically with the next year’s deadline for the Form A. Tenure decisions will not be affected by the interruption of the probationary period (i.e., there will be no changed/higher expectations). The Provost will respond to the faculty member, with copies to the faculty member’s department chair and dean, indicating how the tenure schedule has been adjusted.</s> |
<s>[INST] Termination Due to Financially Contingent Situations and Resource Allocation.txt [/INST] Termination Due to Financially Contingent Situations and Resource Allocation
Termination of a tenured faculty member or, prior to the end of the term of appointment, of a tenure-track faculty member may occur because of the declaration of a financially contingent situation as described below.
Criteria
The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness and Marketability, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction and reorganization, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness and Marketability, and Quality. The objective must be to arrive at wise judgments.
MISSION
Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Ohio Wesleyan's liberal arts heritage? Is it essential in serving other programs?
COST EFFECTIVENESS & MARKETABILITY
Attentiveness to the cost effectiveness and marketability of programs and services is a key characteristic of a well-run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short-term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. The following non-prescriptive questions related to cost effectiveness and marketability must be asked: What is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service a "native recruiter?" Is it duplicative? What is the present and future demand for the program among existing and potential student populations as measured by internal data sets (e.g., enrollments, numbers of majors, programs served, etc.), labor market projections, external stakeholder feedback, and national and state policy/economic projections and placement data?
QUALITY
Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and faculty staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its staff faculty generally perceived by Faculty (staff, where non-academic services may be involved), students, and alumni to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the staff faculty versatile as well as strong?
The guidelines of Mission, Cost Effectiveness and Marketability, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions.
Making Contingency Decisions
If financially contingent situations require reductions in personnel and/or academic departments or programs resulting in the termination of faculty appointments or services , the University will balance a need for timely action with the need for shared decision-making. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students, before making a recommendation to the Board of Trustees as follows:
Determination of Financial Contingency
When a financial contingent situation exists or is imminent that might require reductions in academic departments or programs, the President will present to the Committee on University Governance evidence supporting the President’s assessment that a financial contingent situation exists or is imminent and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of faculty positions. The Committee on University Governance will review the evidence within the time prescribed by the President and transmit to the President and Board of Trustees either:
An endorsement of the President’s assessment; or
Its own assessment, explicitly stating its point(s) of disagreement with the President.
The Board of Trustees will not make a determination on whether a financial contingent situation exists or is imminent until it has received the report from the Committee on University Governance or the deadline prescribed by the President has elapsed. These determinations and resulting document(s) shall be considered private and confidential unless the Board of Trustees agrees to make all or portions of them public.
After completing the above steps, the Board of Trustees shall determine whether a financial contingent situation exists or is imminent and retains ultimate authority for declaring that a financially contingent situation exists or is imminent.
Framing of Proposal to Address Financial Contingent Situation
Responsibility for framing a proposal for program or services and/or personnel reductions to deal with a financially contingent situation will rest with the President. The proposal, when it pertains to academic programs and/or personnel, will be referred to the Committee on Academic Programs as to curricular impact, to the Academic Planning and Allocation Committee as to the implications for the academic plan, to the Faculty Personnel Committee as to personnel implications, and to the affected programs. When the proposal pertains to non-academic programs, services, and/or personnel, it will be forwarded to the Governance Committee and the Senior Leadership Team Cabinet for consideration. These bodies will hold hearings as part of their deliberations. At the discretion of the President, an advisory student committee may also be created. These groups will severally consider the proposal(s) and in doing so may consult widely with faculty, students, and, where appropriate, with staff. They are to complete their deliberations within 30 calendar days of receipt of the President's proposal(s) and report their findings and recommendations to the President immediately upon finishing their deliberations. They may recommend acceptance, alteration, or otherwise, of the President's proposal(s). If and when they are unable to achieve concurrence with the President, and the President yet judges that reductions must be made, the President will report to the Board of Trustees the proposed course of action. If there is a difference of views between the President and the committees, the President will ensure that the committees' proposals are forwarded to the Trustees with the President’s proposal(s). The Board of Trustees retains ultimate authority for approving proposals as to program and position reductions and terminations responding to a financially contingent situation.
After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken.
In the event that the Board of Trustees declares that a financial contingent situation exists or is imminent, the President shall be responsible for framing a proposal for addressing the situation. If the proposal might require reductions in academic departments or interdisciplinary programs and the termination of faculty positions, the President, prior to framing the proposal, shall engage in an extensive academic program review process.
Academic Program Review Process
Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a Dashboard that provides extensive quantitative data relating to all academic programs at the University. The Dashboard will be made available transparently to all faculty.
Step 2. Following the publication of the Dashboard, each academic department will be charged by Academic Affairs to complete self-studies, following criteria set by the Academic Planning and Allocation Committee (APAC).
Step 3. Following receipt of the department self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President.
Step 4. The President shall convene a Joint Committee comprised of eight faculty members elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: University Governance Committee (UGC), Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and Academic Planning and Allocation Committee (APAC). In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost.
After considering the department self-studies and APAC report, the Joint Committee shall:
Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors;
Identify opportunities for program enhancement; and
Suggest the optimal configuration of departments and interdisciplinary programs.
In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs, and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program.
The President, in consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President.
Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected programs identified in the proposal, each of which will have the opportunity to hold hearings over a 30-day period. The manner in which the hearings are held are at the discretion of the respective committees.
Step 6. Following the hearings, the respective committees and programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If consensus can be reached regarding the final proposal, the President will forward to the Board of Trustees a final report reflecting that consensus. If consensus cannot be reached, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and program. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation.
Step 7. If the Board approved plan includes the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors, the Faculty Personnel Committee, in consultation with the Provost, shall recommend to the President which individual positions, and therefore appointments, should be terminated. In developing recommendations, the committee will be guided by following sequence:
Consideration of attrition resulting from resignation, retirement, or other severance actions.
Termination of Part-time and Visiting faculty positions within the affected department(s) or interdisciplinary program(s).
Termination of tenure-track and/or tenured positions within the affected department(s) or interdisciplinary program(s). In the case of a reduction of a department or interdisciplinary program, as opposed to a discontinuation, the appointment of a faculty member with tenure within the same department or program will not be terminated in favor of retaining a full-time tenure-track faculty member, except in circumstances where a serious distortion of the department or interdisciplinary program would otherwise result.
In making recommendations, the following criteria, in no particular order of priority, will be considered by the Faculty Personnel Committee:
Education and professional credentials;
The length of the faculty member’s service to the University;
The quality of the faculty member’s service to the University;
The abilities of the individual faculty member in relation to the needs of the University and the potentially affected department or interdisciplinary program.
Step 8. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below.
Step 9. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken.
Notification
Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal.
In all cases of termination of appointment because of financial exigency, full-time non-tenure faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1.
Appeals
If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to file a grievance in accordance with Section 3.14.3. The issues in this hearing may include the following:
The existence and extent of the condition of financial exigency. The burden will rest on the administration to prove the existence and extent of the condition. The findings of a faculty committee in a previous proceeding involving the same issue may be introduced.
The validity of the educational judgments and the criteria for identification for termination; but the recommendations of a faculty committee on these matters will be considered presumptively valid.
Whether the criteria are being properly applied in the individual case.
Reassignment and Retraining
Subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), tenured and tenure track faculty members in positions to be eliminated will be considered for suitable vacancies at the University in administrative or teaching positions. See Section 3.13.5.1 below.
Reinstatement Rights
When a tenured faculty position is terminated for a financial contingent situation, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.
2. Program or Department Discontinuance Due to Educational Decisions
Termination of an appointment with tenure, or of a probationary faculty member before the end of the specified term, may occur as a result of the formal discontinuance of a program or department of instruction due to educational considerations not related to a financially contingent situations.
Criteria
The decision to discontinue an academic program or department of instruction will be based on long-range judgements that the educational mission of the University as whole will be enhanced by the discontinuance of an academic program or department. Such a decision will not be based upon cyclical or temporary variations in enrollment.
For purposes of this policy, departments are defined as an academic department or unit of instruction offering majors and minors that existed prior to the decision to discontinue them. The term program means a group of courses leading to a major or minor, a sequence of courses with a common prefix, a service, or support area, or any curriculum area identified as such.
Making Academic Program or Department Discontinuation Decisions
A proposal to discontinue an academic program or department is reviewed according to the following procedures:
A proposal may be initiated by the Committee on Academic Programs, the Provost, or the President.
Upon receipt of a proposal, the Provost shall call together a joint committee, comprising the Committee on Academic Programs and the Academic Planning and Allocation Committee (hereinafter referred to as the Joint Committee), which shall evaluate the proposal considering criteria used in the normal, periodic review of academic programs and departments. As part of the evaluation, the Joint Committee will consult with the faculty of the impacted program or department.
At the discretion of the President, an advisory student committee may also be created.
The recommendations of the Joint Committee concerning discontinuance of an academic program or department will be reported to the Faculty as a whole for review.
The Faculty will then make a final recommendation on the matter to the Provost.
In the event the Provost disagrees with the Faculty’s recommendation, the Provost will meet with the Faculty to discuss the reasons for such disagreement, before making a final recommendation on the matter to the President.
The Provost will then communicate a final recommendation and the reasons therefor in writing to the Faculty.
Having considered the recommendations above and considered the vote of the Faculty, the Provost will make a final written recommendation to the President on the matter. If the Provost disagrees with the Faculty recommendation, the Provost will forward the Faculty’s proposal to the President.
The President will then transmit the above recommendation(s), along with the President’s independent recommendation, to the Board of Trustees for final action.
If the Board of Trustees approves the discontinuation of the program or department, the President will charge the Provost, in consultation with the Faculty Personnel Committee, to recommend names of faculty members to be reduced.
The President shall render the final decision on terminations for reasons of formal reduction or discontinuance of a degree or program area and shall notify the faculty member(s).
Notice
Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal.
Commitment to Reinstate Terminated Ranked Faculty Members
In all cases of termination of appointment of tenure or tenure-track faculty because of program or department discontinuation, the place of the faculty member concerned will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.
Appeal
A tenured or tenure-track track faculty member may appeal a proposed termination pursuant to the Faculty Grievance Policy. Such an appeal will be limited to whether the Termination Policy and procedures were adhered and must be filed with Provost no later than fifteen working days from the receipt of notice of reassignment or termination.</s> |
<s>[INST] Termination of Appointment Due to Program Discontinuation.txt [/INST] Termination of Appointment Due to Program Discontinuation
Termination of an appointment with tenure, or of a tenure track, Professor of the Practice, or Visiting Faculty appointment before the end of the specified term may occur as a result of a bona fide formal discontinuance of a program or department of instruction.
The following standards and procedures will apply:
The decision to discontinue formally a program or department of instruction will be based essentially upon educational considerations, as determined primarily by the faculty as a whole after consideration by the Joint Committee.
For this purpose, educational considerations do not include temporary variations in enrollment. They must reflect long-range judgments that the educational mission of the College as a whole will be enhanced by the discontinuance.
The decision to discontinue an academic program or department of instruction will be based on educational considerations related to the mission of the College. The decision must reflect long-range judgements that the educational mission of the College as whole will be enhanced by the discontinuance. Such a decision will not be based upon cyclical or temporary variations in enrollment; however, it may legitimately include financial considerations.
Those involved in making a decision to discontinue an academic program or department will consider advice from the concerned program or department on the short- and long-term implications of any proposed course of action. Since these are areas in which the faculty has a significant interest and responsibility, the faculty as a whole after consideration by the Joint Committee will participate in the decision. However, final administrative authority concerning the levels of staffing of academic programs and departments rests with the President; final authority to approve or modify an academic program or department rests with the Board of Trustees.
The decision-making process set forth above will routinely follow the steps below:
Such an action may be proposed by a standing faculty committee, by the Provost, the President, or the Board of Trustees.
Upon receipt of a proposed action, the President shall call together a joint committee, comprising the Advisory Committee and the Educational Policy Committee (hereinafter referred to as the Joint Committee), which shall evaluate the proposal considering criteria used in the normal, periodic review of academic programs and departments. As part of the evaluation, the Joint Committee will consult with the faculty of the impacted program or department.
The recommendations of the Joint Committee concerning discontinuance of an academic program or department will be reported to the Faculty for review.
The Faculty shall make a final recommendation on the matter to the Provost.
In the event the Provost disagrees with that recommendation, the Provost shall meet with the Faculty to discuss the reasons for such disagreement, before making a final recommendation on the matter to the President.
The Provost will then communicate a final decision and the reasons therefore in writing to the Faculty.
Having considered the recommendations above and considered the vote of the Faculty, the Provost will make a final written recommendation to the President on the matter. If the Provost disagreed with the Faculty’s recommendation, the Provost will communicate the reasons therefore in the written recommendation to the President.
The President will then refer the above recommendations, along with the President’s independent recommendation, to the Board of Trustees for final action.
Additional Guidelines
Transfer Eligibility: Before the administration issues notice to a full-time faculty member of its intention to terminate an appointment because of formal discontinuance of a program or department of instruction, the Provost, in consultation with the potential receiving academic department/program ,will make every effort to place the faculty member concerned in another suitable position within the College for which the faculty member is qualified. When, in the opinion of the Provost, placement within the College is not a viable alternative, the College will assist the faculty member in finding outside employment. The final decision on reassignment is within the discretion of the Provost.
Retraining: If consultation with a receiving academic department/program can establish placement in another position would be facilitated by a reasonable period of training, financial and other support for such training will be offered at the request of the faculty member. Assistance may include, but need not be limited to, granting a paid leave for retraining or participation in other faculty development programs. If retraining is approved by the President, it will normally not exceed one (1) calendar year. If, in the judgement of the Provost, no position is available within the College with or without retraining, the faculty member’s appointment then may be terminated, but only with provision for notice not less than as prescribed in Article II, Section 2.2.2 or severance salary in lieu of notice equitably adjusted to the faculty member’s length of past and potential service.
Subject to the foregoing, the Board of Trustees shall have final authority for termination of appointments by the College.</s> |
<s>[INST] Terminations Due to Program Discontinuation Not Related to Financial Contingencies.txt [/INST] New Policy Addressing Terminations Due to Program Discontinuation Not Related to Financial Contingencies
Chapter IV. E - Contingencies and Resource Allocation is limited to “financially contingent situations.” Current University policy does not include a policy addressing dismissal of full-time faculty, including tenured faculty, due to program discontinuations unrelated to financial contingencies that are based on educational considerations. I suspect that the handbook is silent in this regard because the 1940 AAUP Statement on Academic Freedom did not recognize terminations due to program discontinuation based on educational considerations when the handbook was originally drafted. Regulation 4(d) of the AAUP’s Recommended Institutional Regulations, however, does and it was adopted many years after the 1940 AAUP academic freedom statement. Given Regulation 4(d), such a policy is standard in higher education and, given my charge, I am planning on providing a model for the team’s review and comment.
Standard policy in this area, consistent with AAUP Regulation 4(d), requires that such program discontinuations be based on educational considerations as determined primarily by the faculty or a faculty committee. Educational considerations do not include cyclical or temporary variations in enrollment. Rather, they reflect long-term judgements that the mission of the University is enhanced by the discontinuation. In terms of defining academic programs, the AAUP offers the following commentary:
[Note: Academic programs cannot be defined ad hoc, at any size; programs must be recognized academic units that existed prior to the decision to discontinue them. The term “program” should designate a related cluster of credit-bearing courses that constitute a coherent body of study within a discipline or set of related disciplines. When feasible, the term should designate a department or similar administrative unit that offers majors and minors.]
Prior to termination, efforts must be made to transfer or retrain a faculty member to another position. If a transfer is not feasible, then appropriate length notice or severance salary is provided. As recommended by the AAUP, allowance for an appeal to a faculty committee is also standard.
Below is an example of such a policy from Drew University, which is brief and to the point. Similar succinct policies can be found in the Albion (2.15.4), Lewis and Clark (3.14.4), and Luther (410.1.2) handbooks. For more comprehensive policy examples, please see the Susquehanna (4.14.3) and Kenyon (2.3.15) faculty handbooks. Other examples can be provided upon request as such a policy is standard across institutions given the AAUP regulation on this matter.
Drew University Example
Discontinuance of an Academic Program or Department Not Mandated by Financial Exigency
Termination of an appointment with continuous tenure, or of a probationary or specified appointment before the end of the specified term, may occur as a result of a bona fide formal discontinuance of a program or department of instruction. Relocation of faculty members according to normal planning procedures may occur as a result of a reduction in a program or department of instruction. In the case of termination resulting from the discontinuance of a program or department, the following standards and procedures will apply:
The decision to discontinue formally a program or department of instruction will be based upon educational considerations as determined by the Faculty or appropriate committee thereof. If, through the processes of review and final decision, the administration and Board of Trustees differ with the faculty judgment, the reasons for the disagreement shall be stated and the Faculty shall have an opportunity for further consideration and further communication of its views.
Before the President issues notice to a faculty member of the intention to terminate an appointment because of formal discontinuance of a program or department of instruction, the University will make every effort to place the faculty member concerned in another suitable position. If placement in another position would be facilitated by a reasonable period of training, financial and other support for such training will be proffered. If no such position is available, the faculty member’s appointment may then be terminated, with provision for severance salary equitably adjusted to the faculty member’s length of past and potential service.
A faculty member may appeal a proposed relocation or termination resulting from a discontinuance and has a right to a full hearing before a faculty committee. The hearing need not conform in all respects with a Termination for Cause proceeding (see D.4. below), but the essentials of an on-the-record adjudicative hearing will be observed. The issues in such a hearing may include the University’s failure to satisfy any of the conditions specified in this section. In such a hearing a faculty determination that a program or department is to be discontinued will be considered presumptively valid, but the burden of proof on other issues will rest on the administration.</s> |
<s>[INST] Text Not Included.txt [/INST] Text Not Included
Faculty Affirmative Action Officer
Eligibility and Selection:
The Faculty Affirmative Action Officer (FAAO) shall be a tenured member of the faculty.
The FAAO will be selected by the Provost and the Provost's Advisory Group on Academic Personnel and will report to the Provost.
The FAAO will serve for a three-year term.
Responsibilities of the Faculty Affirmative Action Officer:
Resources: The FAAO shall stay abreast of literature on such issues as differential responses on student evaluations for faculty from federally defined Affirmative Action groups (e.g., Black, non- Hispanic; American Indian/Alaskan Native; Asian/Pacific Islander; Hispanic; women) as well as other faculty members who might be subject to discrimination, on the basis, for example, of sexuality, gender identity, or disability and of current legal information regarding Affirmative Action standards and practices. The FAAO will develop and maintain a file containing such information. [February 4, 2005, p. 4491]
Hiring: The FAAO shall consult with each department concerning its search; provide departments with resources and strategies for recruiting candidates from federally defined Affirmative Action groups; and facilitate their search for candidates in such group.
Reappointment: In cases of reappointment of faculty from federally defined Affirmative Action groups as well as other faculty members who might be subject to discrimination, on the basis, for example, of sexuality, gender identity, or disability, the FAAO shall normally consult with all candidates for reappointment and will provide interpretive context for the Provost and department chairs as necessary. [February 4, 2005, p. 4492]
Reports: The FAAO shall submit an annual report to the faculty on her or his activities and the progress the faculty has achieved toward meeting the goals of the 1999 faculty resolution on the diversity of the faculty. [April 5, 2002, pp. 4352 – 4354]</s> |
<s>[INST] Text to be Published in the ART Guidelines Document.txt [/INST] Text to be Published in the ART Guidelines Document
In regards to faculty research productivity or creative work, here is a sampling of DEI achievements we can value in promotion decisions:
Research or creative activity in a faculty member’s area of expertise that involves inequalities or barriers for inclusion of underrepresented groups
Intellectual themes or trajectories that examine patterns of representation, incorporation, or inclusion within a faculty member’s area of expertise
Grant seeking or obtaining that provides funding for research that focuses on equity, inclusion, and diversity
Scholarly productivity in particular texts, data sets, methodological practices, theories, or creative discourses that involve equity and inclusion within a faculty member’s area of expertise
Research interests that contribute to diversity and equal opportunity, for example, research that addresses:
Race, ethnicity, gender, multiculturalism, and inclusion on health disparities, educational access and achievement, political engagement, economic justice, social mobility, civil, and human rights
Questions of interest to communities historically excluded by higher education
Artistic expression and cultural production that reflect culturally diverse communities or voices not well represented in the arts and humanities.
In regards to teaching, these are some activities we can value in promotion decisions:
Curricular Diversity: Curriculum that prepares students to critically interrogate and engage with a global, multicultural, and rapidly changing world as scholars and citizens
Access and Success: Pedagogy promoting equitable access to resources and opportunities that create conditions for success in the classroom and other learning environments
Inclusive Climate: Pedagogy fostering learning environments in which students who are members of underrepresented populations are socially and culturally included
Advising: Academic advising for students from underrepresented and underserved populations
Professional Development: Participation in professional development activities that lead to greater understanding and work toward equity-minded teaching practices
Additional Supports: Advising and mentoring roles, such as working with students on summer scholarship or long-term projects, helping with internship placements or national fellowship and scholarship applications, career advising, and on research and publication.
In regards to service, here are some important forms of service we can value in promotion decisions:
Contributions furthering diversity and equal opportunity within and beyond the college, through participation in such activities as recruitment, retention, and mentoring of colleagues and students.
Service that contributes to inclusion, equity, or access; examples might include:
Curricular Diversity: Service that works to ensure a curriculum that prepares students to critically interrogate and engage with a global, multicultural, and rapidly changing world as scholars and citizens
Access and Success: Service that aims to promote equitable access to resources and opportunities that provide conditions for success for students, faculty, and staff
Inclusive Climate: Service that fosters environments in which students, faculty, and staff who are members of underrepresented populations are socially and culturally included
Contributions to student life; this might include such activities as:
Working with student clubs and organizations
Mentoring students, as distinct from advising or counseling them; may involve activities such as guiding underrepresented students and helping them adapt to college
Participation in academic preparation, outreach, tutoring, pipeline, or other programs designed to remove barriers facing women, minorities, veterans, people with disabilities, and other individuals who are members of groups historically excluded from higher education
Recognition that candidates may engage in more service activities because of their group membership
Examples of University service activities include but are not limited to:
attendance at Faculty Retreat*
attendance at Opening Convocation*
attendance at Commencement*
committee assignments*
attendance at monthly All-Faculty Meetings*
timely completion of ART Evaluations
serving on the Faculty Senate
serving on search committees
serving on advisory boards (e.g., Alumni Board)
serving as a new faculty mentor
mentoring colleagues in research, service and/or teaching
assessing a colleague as part of the peer review process
leading workshops and presentations (e.g., CTL Lunch, Faculty Retreat Session)
chapel Speaker
speaker at Synod Assemblies
Safe Zone Ally (attended Safe Zone training)
attendance at Honors Convocation
attendance at Speaker Series
member of a task force
attendance at sporting events or cultural events
attendance at Orientation Events
attendance at Homecoming Events
attendance at community events on campus
attendance at University sponsored events (e.g. , Books and Brew, CEJ sponsored events)
serving as faculty advisor to student clubs and organizations
writing accreditation reports
development and submission of grant proposals on behalf of the University (not research)
participation in student recruitment, fundraising, or marketing activities
organizing University events such as student symposia, drama productions, concerts, showcases, competitions, conferences, guest speakers, etc.
organizing events such as student symposia, drama productions, concerts, showcases, competitions, conferences, etc.
organizing or leading campus workshops, seminars, or training activities
engaging in leadership or active participation in development of research programs
participating with service learning, travel study, etc.
*The Faculty Handbook indicates that faculty are expected to participate in these activities.
The following are examples of service to the Department/College/School:
assisting with program reviews
attending department meetings
mentoring new adjuncts
assisting with curriculum changes
participating in any of the following:
Student & Faculty Mentor Program: Pairing prospective students and faculty relative to academic or extra-curricular areas of interest and/or field of expertise
Admitted Student Day (Traditional Undergraduates): Facilitating sample lectures, exhibiting majors/departments, engaging with students and families.
Information Sessions (Professionals and Graduate): Faculty representation at information sessions for prospective students to highlight programs
All-Access program: Serving as faculty panelist / participant for targeted yield program exclusively for admitted students
Honors Day: Interviews for Presidential Scholarship & Honors program candidates
Campus Visit Program: Providing access to lectures and meeting on an individual basis for visiting prospective students
Global Scholars Program: Interviews for high performing international students for Global Scholarship program
Yield Campaign support: Participating in various communication campaigns including letter writing, phone calls, e-mail strategies
Engagement and development with community partners in outreach & recruitment
Examples of professional service activities include but are not limited to:
serving as a reviewer for a professional journal
holding office in a professional association
coordinating sessions at a professional conference
membership and participation in professional organizations
submission of a grant on behalf of the University (i.e., outside of the faculty member’s required load distribution)
serving as an administrator or principal investigator of a University grant (i.e., outside of the faculty member’s required load distribution)
service on a professional conference committee
active participation in professional and learned societies
serving as an appointed or elected officer of an academic or professional association
serving as an organizer or leader of workshops, panels, or meetings in areas of professional competence
contributing time and expertise to further the work of a professional society or organization
promoting the image, prestige, and perceived value of a discipline or profession
participating in accreditation and assessment activities
providing professional or expert advice on subjects in one's discipline to governmental bodies and media organizations
writing newspaper articles, opinion columns, as well as other pieces not subject to peer review
editing a professional journal and/or serving on the editorial board of a professional journal
refereeing manuscripts, conference submissions, or grant proposals submitted to journals, professional meetings, and internal and external funding organizations
contributing professional expertise to community activities through lecturing and consulting
engaging in other forms of consulting in the service of one’s discipline or professional community.
Examples of community service include, but are not limited to:
presenting lectures in the faculty member’s area of expertise to community groups
using one’s expertise to hold leadership positions or provide service in community, religious, or political organization activities
participatinge in discipline-related non-profit organizations designed tothat serve the general public
servinge community groups in a professional capacity
engaging in a community outreach or community engagement effort related to the faculty member’s discipline
participating in public service or community development activities
consulting activities with private and public organizations
volunteering services as a subject-matter consultant on community projects
contributing time and expertise to a community organization
using one’s expertise to offer insight or provide analysis of issues via public, non-academic media
Annual Report
Goal Setting Guidelines
The faculty member, in formulating proposed goals for the following academic year, is encouraged to consider the following guidelines:
Goals should reflect the University, College/School/Seminary, and department missions;
Goals should contribute to the faculty member’s development as an effective faculty member and be designed to meet or exceed current academic rank expectations;
Goals should be attainable within the capabilities and resources of the individual and the University;
Goals should specify actions to be taken or tasks to be accomplished. At the time of evaluation, it should be clear whether a particular goal has been achieved or is progressing towards being achieved; and
Goals should be described in such a way that their completion may be objectively evaluated.
Optional Letters
Candidates undergoing promotion and tenure reviews are afforded the option of including in their dossiers letters from identifying colleagues or peers (whether internal to the University or external to it) who can make a material contribution to the evaluation of the candidate’s scholarly/creative productivity and/or service activities. Candidates are responsible for soliciting the letters and including them in the dossier. It is expected that University colleagues outside of the candidate’s department will contribute a letter of evaluation if asked by the candidate; however, they are not obligated to do so.
Candidates should avoid including letters from selecting individuals who may appear to be biased, such as a Ph.D. advisor or recent co-author, except in those cases where the nature of the discipline is so specialized that they are the these reviewers are the only qualified persons available. Moreover, a promotion and tenure dossier file is strengthened by the inclusion of letters from colleagues or peers able to speak directly to one or more of the review standards criteria than by the inclusion of numerous letters that are less directly relevant.
If deemed necessary by the ART subcommittee, internal and external colleagues or peers who have submitted a letter on a candidate’s behalf may be contacted to provide additional information.
SERVICE – ADVISING/MENTORING???
Multiple forms of evidence are useful in a comprehensive assessment of mentoring effectiveness and include, but are not limited to:
Research productions including publications, conference participations, research presentations;
Progress towards degrees measured by grades/research credit, degree milestones (exams: qualifying, comprehensive), proposal, department presentations, final defense;
Fellowships, scholarships and other external funding obtained in support of professional and academic student development and/or training;
Completion of thesis or dissertation;
External review of thesis or dissertation;
Other evidence of structured individual or group mentoring activities such as focused literature reviews, journal clubs, grant writing and professional skills development.
Multiple forms of evidence are useful in a comprehensive assessment of advising effectiveness and include, but are not limited to:
Documentation of the number of students advised, type of advising, and time spent in University or College level advising sessions.
Documentation reflecting the level of informal advising occurring in an ad hoc fashion because a faculty member chooses to spend significant time accessible to students (e.g. the number of new majors advised or the number of students advised not on a faculty member’s assigned advisee list).
Documentation of the number of graduate committees chaired, and membership on graduate committees within and outside the Department.
When applicable, documentation of student advising in cross–disciplinary programs with which the faculty member is affiliated.</s> |
<s>[INST] The Evidence of Teaching Effectiveness Initiative has been created to explore and examine best research.txt [/INST] The Evidence of Teaching Effectiveness Initiative has been created to explore and examine best research-based practices for the evaluation of teaching (formative and summative). The goals of this long term project are to re-design “course evaluations” and design other measurements of teaching effectiveness. See the webpage for official communications, updates, task force representatives, and quick notes on key concepts.
CETL Quick Notes
Centralized System
Contextual Narratives
Course Evaluations Revisited
Evaluating Teaching Effectiveness
Evidence of Teaching Effectiveness
Formative Feedback
Online Systems
Question Types
Guides and Articles
Article reading list for Evidence of Teaching Effectiveness OU initiative includes dozens of articles on the research landscape around student feedback surveys (course evaluations) and other methods of evaluating teaching effectiveness.
Unbiased, reliable, and valid student evaluations can still be unfair, from Assessment and Evaluation in Higher Education. Justin Esarey and Natalie Valdes, 2020.
Students Helping Students Provide Valuable Feedback on Course Evaluations (UC Merced). This website provides a brief guide for students on providing feedback in end-of-course surveys, and include helpful videos such as this 3-minute video.
Research on Student Ratings Continues to Evolve. We Should, Too (Rice University CTE, 2018)
Podcast Episodes
Biases in Student Evaluations of Teaching (25 minutes, from Tea for Teaching)
Gender Bias and Course Evaluations (40 minutes, from Tea for Teaching)
Inclusified Teaching Evaluation (40 minutes, from Teaching in Higher Ed)
Peer Review of Teaching (40 minutes, from Teaching in Higher Ed)
About Those Student Evals... (20 minutes, from Let’s Talk Teaching)
Tools and Activities
Gendered Language in Teacher Reviews. Analyzes student responses from RateMyProfessor, broken down by gender and subject.
Books At CETL
Check out these and other books in our collection in 200D Elliott Hall. Browse the full CETL library.
Arreola, R. (2007). Developing a Comprehensive Faculty Evaluation System, 3rd Edition. San Francisco, CA: Anker Publishing
Berk, R. (2006). Thirteen Strategies to Measure College Teaching. Sterling, VA: Stylus Publishing
Berk, R. (2013). Top 10 Flashpoints in Student Ratings and the Evaluation of Teaching. Sterling, VA: Stylus Publishing
Blumberg, P. (2014). Assessing and Improving Your Teaching: Strategies and Rubrics for Faculty Growth and Student Learning. San Francisco, CA: Jossey-Bass
Braskamp, L. & Ory, J. (1994). Assessing Faculty Work. San Francisco, CA: Jossey-Bass
Brookfield, S. (1995). Becoming a Critically Reflective Teacher. San Francisco, CA: Jossey-Bass
Buller, J. (2012). Best Practices in Faculty Evaluation. San Francisco, CA: Jossey-Bass
Centra, J. (1993). Reflective Faculty Evaluation: Enhancing Teaching and Determining Faculty Effectiveness. San Francisco, CA: Jossey-Bass
Glanz, J. & Sullivan, S. (2000). Supervision in Practice: 3 Steps to Improve Teaching and Learning. Thousand Oaks, CA: Corwin Press
Hativa, N. (2013). Student Ratings of Instruction: A Practical Approach to Designing, Operating, and Reporting. Seattle, WA: Orion Publishing
Havita, N. (2013). Student Ratings of Instruction: Recognizing Effective Teaching. Orion Publishing
Kember, D. & Ginns, P. (2012). Evaluating Teaching and Learning: A Practical Handbook for Colleges, Universities, and the Scholarship of Teaching. New York, NY: Routledge
Seldin, P. (2006). Evaluating Faculty Performance: A Practical Guide to Assessing, Teaching, Research, and Service. San Francisco, CA: Jossey-Bass.
van Note Chism, N. (2007). Peer Review of Teaching: A Sourcebook (2nd ed). San Francisco, CA: Jossey-Bass.
New Directions for Teaching and Learning: Online Student Ratings of Instruction, No. 96, Winter 2003. San Francisco, CA: Jossey-Bass</s> |
<s>[INST] The Libby Reed Endowed Professorship.txt [/INST] The Libby Reed Endowed Professorship
a. Background
The Libuse L. Reed Endowed Professorship was established to honor Libby Reed's demanding teaching style which influenced the careers and lives of her students, all of whom she now calls "friend." Few professors' influence crossed as many disciplines as did that of Libby Reed; for that reason all professors, no matter their area of concentration, shall be eligible for consideration.
The chair is to be awarded for a period of not more than two years and shall be accompanied by a stipend. All recipients will be eligible for the award again after five years. It need not be awarded each year if no one is adjudged worthy of the honor. The announcement of the recipient of the Libuse L. Reed Endowed Chair shall be announced at commencement and again during Alumni Weekend festivities and every year thereafter during Libby Reed's lifetime.
b. Criteria for Selection
The recipient shall:
Show academic discipline
help students acquire the habits that build a foundation for intellectual outreach and the integration of all areas of knowledge to enrich their lives
be accessible to provide empathy and encouragement to students
not only in the classroom, but as advisor and through extracurricular activities.
c. Method of Selection
A committee of ten people to include six students and four faculty members from Faculty Personnel Committee shall determine the actual recipient from a pool of nominations from students and faculty.</s> |
<s>[INST] The Process at Vaughn College.txt [/INST] 2
The Process at Vaughn College
As outlined below, we propose a three-phase process to complete the objectives of this project.
Phase One Introduction, Identify Needs, and Document Collection
Phase Two Development of the Faculty Handbook, Updated Bylaws, on Policies, Clery Act and Title IX Policies & Audit Memorandum
Phase Three Final Approval
Phase One – Introduction, Identify Needs, and Document Collection
We begin our engagement with an initial phone conference to identify the Review Team that will be charged with vetting the drafts of the Faculty Handbook. In addition, appropriate teams of administrators that will be responsible for reviewing the College Bylaws, the Policy on Policies, and the Clery Act and Title IX policies will be identified during the conference call. The review teams identified during the conference call will be tasked to vet document drafts submitted by Stevens Strategy during Phase Two. Their comments and guidance will be critical to the process and help ensure that proposed model policies and suggested policy changes introduced by Stevens Strategy are tailored to meet the mission, culture and needs of Vaughn College. Ultimately, the policies developed by Stevens Strategy in collaboration with these stakeholders will be recommended to the appropriate College governance bodies as applicable (i.e., the Faculty Senate), the president, and then the Board of Trustees for formal adoption.
Once the review teams are identified, Stevens Strategy consultants will visit campus to meet with the respective teams. During these meetings, Stevens Strategy consultants will present power point presentations that explain the services we will be providing and outline in detail the various project phases and goals. In addition, the presentation to the Faculty Handbook Review Team will focus on providing an overview of the Stevens Strategy Faculty Handbook outline, which is set forth below:
Outline of Faculty Handbook
Introduction
Faculty Status and Rank
Faculty Contracts
Search and Appointment of Faculty
Faculty Personnel Records
Faculty Rights and Responsibilities
Faculty Evaluations
Faculty Advancement in Rank
Faculty Tenure
Faculty Development
Faculty Compensation
Faculty Separation
Revision of the Faculty Handbook
Following the power point presentations, we will transition into Q&A, as well as strategy sessions with the respective teams to identify and discuss the College’s areas of needs. These sessions will help further frame the content of the initial document drafts delivered by Stevens Strategy during Phase Two.
We will also work with the review teams to identify relevant policy documents necessary for Stevens Strategy consultants to begin Phase Two of the process. The final objective of Phase One will be to work with the President or other appropriate administrator(s) to develop a detailed project schedule, which will guide all deliverables throughout each phase of the project.
Phase Two – Document Preparation & Review
Segment One - Development and Review of the Faculty Handbook, Updated Bylaws, Policy on Policies, & Clery Act and Title IX Policies
At the beginning of Phase Two, Stevens Strategy consultants will conduct a review of all existing College policy documen
ts delivered during Phase One and begin developing the initial drafts of the Faculty Handbook, the updated Bylaws, the Policy on Policies, and the Clery Act and Title IX policies. Our drafting of these documents will include proposed changes to current College policy and the introduction of new model policies that address non-profit higher education industry best practices, relevant Department of Education requirements, and regional accreditation agency standards. All policy changes proposed by Stevens Strategy, as well as any new model policies, will be introduced by utilizing the Microsoft “Track Changes” software. The use of this software allows for complete transparency, permitting reviewers to easily identify when Stevens Strategy is proposing a change to current text or introducing new policy. A “Comment Note” that summarizes why we are suggesting the proposed change or new policy will also be included in the initial drafts. Finally, Stevens Strategy will footnote all text reprinted from the College’s current policy documents so that reviewers will know where the policy originated.
Stevens Strategy will deliver the initial drafts of the policy documents in accordance with the project calendar developed during Phase One. Typically, the delivery occurs approximately two months after the beginning of Phase Two. The review teams will be requested to review the drafts and prepare comments in advance of the comprehensive review meetings that will be conducted on campus a few weeks following the delivery of the first draft.
The review meetings, which are facilitated and led by Stevens Strategy consultants, are designed to review each document thoroughly and allow team members to engage in open discussions regarding each suggested policy change proffered by Stevens Strategy. In particular, the discussions will be focused on refining, modifying, and tailoring the model policy suggestions provided by Stevens Strategy to ensure they meet the College’s needs and culture. In advance of these meetings, Stevens Strategy consultants will be available to answer the respective teams’ questions or concerns.
Following the facilitation meetings, Stevens Strategy consultants, armed with feedback and comments from the review teams will develop 2nd drafts of the documents. Upon completion, Stevens Strategy will deliver the 2nd drafts to the team chairs, which in turn will distribute the draft to team members. The review teams will then review the drafts independently and provide additional comments and any requested changes to Stevens Strategy. Again, Stevens Strategy representatives will be available to answer any questions or concerns during this review period. Upon receipt of the teams’ comments and requested changes to the 2nd draft, Stevens Strategy consultants will implement all changes and deliver a third draft in accordance with the project calendar. The review teams will then be asked to address any final open issues identified in the 3rd drafts so that a fourth draft may be submitted by Stevens Strategy to appropriate College governance bodies in accordance with current institution governance practices (i.e., Faculty Senate, etc.).
Once the appropriate governance bodies approve the applicable policies, local legal counsel will need to review those policies of legal import since Stevens Strategy is not a law firm, is not a substitute for an attorney or law firm, and its professional personnel cannot provide legal advice.
Phase Three - Final Approval Process
Phase Three begins with Stevens Strategy’s delivery of the final draft of the Faculty Handbook, the updated Bylaws, the Policy on Policies, and the Clery Act and Title IX policies. This final draft, which incorporates the review teams, legal counsel (as applicable), and appropriate governance bodies’ final comments, is delivered to the president for review and comment. Following the President’s review, Stevens Strategy will make any requested changes and then deliver the presidential approved Faculty Handbook and other policies for Board of Trustee approval.
When Stevens Strategy provides the College with a final, clean version of the policy documents approved by the Board of Trustees, the project is completed.
P.O. Box 72 12 Island View Grantham, NH 03753
phone: 603.863.4704 fax: 603.863.0531 web: stevensstrategy.com</s> |
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<s>[INST] Updated Calendar .txt [/INST] Description
Proposed Date
Completion Date
Phase I
University completes electronic delivery of all applicable internal faculty evaluation policy documents
August 25
Stevens Strategy consultants analyze the University’s Current Faculty Evaluation Materials
August 27
Virtual meeting with the ART Task Force
Week of August 29
(Exact Date TBD)
Delivery of best practice faculty evaluation resources
September 3
ART Task Force delivers draft Faculty Survey to consultants
September 8
Review draft faculty survey authored by ART Task Force and provide feedback to the ART Task Force
September 10
ART Task Force delivers to consultants a listing of peer and aspirational institutions
September 10
Consultants deliver peer and aspirational institution models (for those that are publicly available or provided by the peer institution at the request of ART Task Force)
September 22
Consultants conduct one-on-one faculty and faculty focus group interviews
Week of September 26 (Exact Dates TBD)
Task Force Zoom Meeting #1 – to (a) discuss feedback from survey and interviews; (b) share information with the ART Task Force from comparison institutions; (c) discuss recommendations for changes; and (d) create a list of questions and issues to be resolved during a series of Faculty forums that follow in Phase Two
October 4, 5, or 6
(Exact Date TBD)
Task Force Zoom Meeting #2 – (a) discuss feedback from survey and interviews; (b) share information with the ART Task Force from comparison institutions; (c) discuss recommendations for changes; and (d) create a list of questions and issues to be resolved during a series of Faculty forums that follow in Phase Two
October 13, 14, or 15
(Exact Date TBD)
Phase II
Proposed Date
Completion Date
Faculty Forum Meeting #1 - discuss the Task Force recommendations and any open issues identified during Step 7 of Phase One. Consultant(s) will attend both forums via Zoom to incorporate Faculty feedback into the initial draft of the revised faculty evaluation policies
Week of October 24
(Exact Date TBD)
Faculty Forum Meeting #2 - discuss the Task Force recommendations and any open issues identified during Step 7 of Phase One. Consultant(s) will attend both forums via Zoom to incorporate Faculty feedback into the initial draft of the revised faculty evaluation policies
Week of October 31
(Exact Date TBD)
Consultants deliver Draft #1 of proposed faculty evaluation policy changes
November 19
ART Task Force reviews Draft #1 & prepares for the consultant-run facilitation meeting
November 19 - 28
Consultants visit campus to facilitate ART Task Force’s review of Draft #1
Week of November 28 (Exact Date TBD)
Consultants implement ART Task Force’s requested revisions and deliver Draft #2
December 10
ART Task Force delivers Draft #2 requested revisions and comments to the consultants
December 17
Consultants implement ART Task Force’s requested revisions and deliver Draft #3
December 23
ART Task Force delivers Draft #3 to President & Legal Counsel
January 13
President & Legal Counsel deliver comments to consultant.
January 20
The Task Force and consultant(s) will meet via Zoom to evaluate the President and legal counsel’s comments.
January 24th or 25th
Consultant delivers revised Draft #3 to Task Force, with copies to FSEC, FAC, and Deans
January 27
FSEC, FAC, and Deans review Draft #3 independently
January 28th-February 7th
FSEC, FAC, Deans, and President deliver Draft #3 comments to ART Task Force
February 7th
The Task Force and consultant(s) will meet via Zoom to evaluate the FSEC, FAC, Deans, and President’s comments and arrive at a consensus regarding any additional policy revisions
On or before February 11th
(Exact Date TBD)
Consultants deliver Draft #4
February 18
Consultants provide draft forms and updated ART guidelines document.
February 27th
Phase III
The final recommended evaluation policy revisions and guidelines approved by the Task Force will be presented at a series of Faculty forums facilitated by the Faculty Senate. Consultant(s) will attend both forums virtually (or review Minutes of the meetings if preferable) to incorporate Faculty feedback into the final draft of the faculty evaluation policies and guidelines.
February 27 – March 4
If any revisions to the policy and guideline recommendations are required based on input received at the Faculty Forums, consultants will work with the Task Force to modify them accordingly before submission for final Faculty approval
March 7 - 18
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<s>[INST] UPDATED FUNDRAISING AND GIFT ACCEPTANCE POLICY.txt [/INST] FUNDRAISING AND GIFT ACCEPTANCE POLICY
Effective Date:
May 8, 2017
Policy Number:
II -2.7.2
Supersedes:
Not Applicable.
Issuing Authority:
College President
Responsible Officer:
Vice President for Institutional Advancement
Applicability:
All members of the Canisius College community.
History:
PURPOSE
The purpose of this policy is to define the types of gifts accepted by the college and to provide a set of policy guidelines and procedures by which such gifts are solicited, accepted, and acknowledged by Canisius College. In addition, this policy sets forth guidelines and procedures regarding endowed funds and naming opportunities.
POLICY
Institutional Advancement has been delegated by the Canisius College Board of Trustees to advance the mission and goals of Canisius College through outreach initiatives and fundraising efforts designed to engage the college’s external constituencies, including alumni, donors, friends, and members of the community. Before formally accepting a gift, Institutional Advancement determines that gifts to the college are evidence of philanthropic intent and that the donor’s philanthropy is in accord with the stated mission and goals of the college. All charitable and philanthropic funds will be obtained with dignified, ethical, business and fundraising practices.
When soliciting or accepting private contributions for the benefit of the college, all private gifts (monetary, in-kind, or promises to give) must abide by IRS guidelines for tax deductibility (IRS Reg. 170) and follow the policy guidelines and procedures set forth in this policy.
Although Institutional Advancement is the principal fundraising arm of the college, fundraising activities on the part of individuals, college departments, or other college groups or organizations are welcomed. However, to avoid conflicting communication, no person, department, or organization of the college is authorized to solicit an individual, organization, corporation, or foundation for an outright donation or gift in the name of Canisius College without prior clearance from Institutional Advancement. This includes but is not limited to the solicitation of sponsorships, gifts of equipment, or direct contributions of money, plus anything else that qualifies as a donation. Institutional Advancement will ensure that, in the solicitation for support from such sources, college priorities are observed and plans for such programs, projects, or activities have been reviewed and approved in advance of solicitation by academic, financial, and other appropriate administrative officers. When in doubt, college personnel, departments, students, clubs/organizations, and representatives of the college must consult with Institutional Advancement.
Additionally, requests for fundraising services (i.e. faculty or programs seeking funding for projects, initiatives, etc.) shall be promoted up the direct chain of command, with the ultimate approval authority resting with the division vice president. The vice president, or designee, will forward fundraising requests to Institutional Advancement.
When soliciting charitable contributions, no college personnel, department, or representative of the college or a college group or organization is authorized to commit Canisius College to an agreement which is in conflict with established college policies and procedures, or that compromises, in any manner, the position of any office or department in the performance of its assigned responsibilities. As a general rule, a solicitation for a major gift is made for a specific project and may either be restricted or unrestricted. Prior to acceptance, a bequest or restricted gift must be assessed to assure that it does not place unreasonable constraints or requirements on the college. While the college will accept gifts which are restricted so as to affirmatively assist particular individual or group efforts, it is the policy of the college to seek to encourage the donor, when appropriate, to allow language in any gift documents permitting use of the funds for general purposes.
Gifts will not be accepted by the college if they are offered on the condition or with the understanding that the award will be made to a student of the donor’s choice. The college will pay no fees to any person in consideration of directing a gift or completing a gift instrument to the college and its fundraising campaigns.
Gifts are not generally subject to an exchange of consideration or other contractual duties between the college and the donor, except for gifts of real property and certain deferred gifts as set out in this policy; although objectives may be stated and funds may be restricted to a specific charitable purpose acceptable to the college. Fundraising activities, including special events, may have a non-gift element; the value of the non-gift element will be determined and subtracted from the total amount to determine the contribution portion.
In addition, no person, department, or organization of the college is authorized to remit an official gift receipt. Only Institutional Advancement is permitted to issue such receipts. A gift receipt recognizes the dollar value of the contribution less any goods and services received. Individuals may send thank you letters, but the letter may not indicate or imply that it is substantiation from the college for the purposes of tax deductibility.
DEFINITIONS
Annual Fund—any organized effort by the college to secure gifts on an annual basis, either by mail or through direct solicitation, or both. Gifts, unless otherwise designated, benefit the unrestricted operating funds of the college.
Capital Campaign or Major Gifts—A campaign to raise substantial funds for a nonprofit organization to finance major building projects or major program initiatives, supplement endowment funds, and/or meet other needs that require significant investment.
College Personnel—Canisius College trustees, executive officers, administrators, faculty, staff, student employees, contractors, and others who act on behalf of the college.
Deferred or Planned Gift—The creation of a vested future interest in property for the benefit of a charitable organization. Current value is ascertainable using actuarial tables.
Donor/Benefactor—An individual, corporation, foundation, or organization that has made a gift to the college.
Endowment—Funds that are kept intact and permanently invested, a portion of the earnings from which are applied to purposes designated at the outset by the donor.
Gift—a voluntary and irrevocable transfer of money, services, or property from an external Donor for either unrestricted or restricted use in support of the college’s goals. No commitment of resources or services is required other than the stated donor restrictions.
Gift in Kind — a Gift of goods and/or services which may be used in the operation of the organization, or may be converted to cash assets with the authorization of the donor, at the discretion of the college.
Quasi-Endowment—funds that a board of trustees decides to retain and invest for a long but unspecified period with the caveat that the board may expend the principal of such funds at any time. There are two types of quasi-endowments: restricted and unrestricted. With restricted quasi-endowments, the board earmarks the funds for an intended purpose. With unrestricted quasi-endowments, the board has the authority to decide at any time to expend the total dollar amount and to designate how the earnings are to be spent.
Restricted Gift—gifts given or paid wherein the donor or granting and contracting organization has specified that the gift to be used to support specific programs or projects.
Unrestricted Gift—nature of a gift that it is donated to be used where it is most needed by the charitable organization as determined by the organization leadership.
PROCEDURES/GUIDELINES
Management and Reporting of Gifts
Canisius College reserves the right to treat each gift on an individual basis, and thereby reserves the right to accept, reject, or modify any agreement and/or gift. In general, the college will not accept gifts that (a) would result in the college violating its corporate charter, (b) would result in college losing its status as a § 501(c)(3) not-for-profit organization, (c) are too difficult or too expensive to administer in relation to their value, (d) would result in any unacceptable consequences for the college, or (e) are for purposes outside the college’s mission. Moreover, the college’s management and reporting of gifts will be guided by the standards of accounting and reporting established by the Internal Revenue Service (IRS), the Council for Advancement and Support of Education (CASE), and the National Association of College and University Business Officers (NACUBO).
The college accepts gifts in a number of forms as outlined below. Outright gifts of cash and marketable securities are preferable to less liquid assets. Other assets may be accepted with appropriate consideration. For some donors, substantial gifts are best made by bequest, through a life-income arrangement, retained life estate, or other planned gift.
Gift Acceptance Guidelines
A solicitation for a gift may stress the advantages of an unrestricted gift in the form of cash or liquid securities. Other forms of giving, such as planned or deferred gifts, are acceptable and may offer qualified donors an attractive alternative. Such gifts may enable donors to significantly increase the level of their gifts while taking advantage of some meaningful commemorative or named gift opportunities.
Tax and Legal Advisors:
Donors: The college will advise all donors to seek their own tax and legal counsel and does not render tax, legal, or financial advice.
College: The college will seek the advice of a tax and/or legal counsel in matters relating to acceptance of gifts when appropriate. Review by counsel is recommended for gifts of securities that are subject to restrictions or buy-sell agreements; documents naming the college as trustee or requiring the college to act in any fiduciary capacity; Gifts requiring the college to assume financial or other obligations; Transactions with potential conflicts of interest; and gifts of property which may be subject to environmental or other regulatory restrictions.
Gift Valuation: Gifts are valued in accordance with the college’s Gift Accounting Policy on the date the donor relinquishes control of the assets in favor of the college.
Crowdfunding: College faculty, staff, and students who wish to use crowdfunding as a means of supporting college-related projects should use a college-approved crowdfunding site. This will ensure that the project is branded with the college’s name and collateral, that gifts to the projects are tax deductible, and that the college is equipped to recognize and steward those donors. This will also ensure that no tax liability accrues to an individual as a result of receiving the funds personally through an external crowdfunding site. The funds will go directly into a college gift fund designated for the project’s use and gifts will be properly receipted to the donors. If an external crowdfunding site is used, the name and branding of the college may not be used in relation to the project, as this would constitute the unauthorized acceptance of gifts on behalf of the college.
Gift Types
Methods of giving generally accepted by the college are:
1. Outright Gifts
Gifts of Cash/Checks/Credit Cards: Cash gifts include currency, personal checks, cashier’s check, money orders and credit card payments (including payments made online) for outright gifts for which the donor receives an income tax deduction as prescribed by law.
Cash gifts are receipted, reported, and recognized in accordance with the college’s Gift Accounting Policy. A donor has the option to restrict some or all of the cash gift to a specific program or department.
The donor is credited with the full amount of the cash gift. In cases where the donor receives something of value in return for the donation, the donor will be made aware of the cost of the benefit received. In these cases, the gift processor deducts the cost of the benefit received against the donation. Additionally, in some cases a currency exchange requirement may be necessary and will be reflected on the gift receipt with both currency values illustrated.
All checks must be made payable to the college and not to an employee, agent, or volunteer for the credit of the college. Checks are deposited in the ordinary course of business and no employee or agent of the college is permitted to delay deposit of such.
Donors may make gifts to the college through donor-advised funds or charitable checking accounts. On such an occurrence, Canisius will credit the donor-advised fund or charitable organization for the gift. If the gift is payment against a pledge, the pledge must be reduced by the corresponding gift amount. Receipts are not generated for gifts from donor-advised funds or charitable checking accounts, however, acknowledgment letters are completed as requested by the organizations or charities administering the accounts. Memo credit will be provided to the donor facilitating the gift request.
Donors whose gifts are matched by a company receive memo credit for the matching amount in accordance with the college’s Gift Accounting Policy.
Gifts of Appreciated Publicly Traded Securities: These include all gifts of stocks, bonds, and other negotiable securities, which are (or will be) readily marketable. Marketable publicly traded securities are receipted, reported, and recognized in accordance with the college’s Gift Accounting Policy.
It is college policy to immediately liquidate any gifts of publicly-traded securities unless retention of the specific security is consistent with the college’s investment practices. If a donor is an officer or director of the issuing corporation, the College will inquire as to whether any Securities and Exchange Commission (SEC) Rule 144 restrictions apply that limit the college’s ability to sell the donated securities.
The college will not receive or process proposed transfers of stock that have no current market value (i.e., “worthless stock”) at the time a transfer to the college is proposed.
Securities controlled under SEC Rule 144 are held until the restriction on the sale expires and then they are immediately sold in the matter indicated above.
Gifts of Closely Held Stock: This is a gift of stock of a private or family held corporation. The donor may avoid capital gains on appreciation of the closely held stock while attaining a tax deduction based on the stock’s fair market value. Such gifts are receipted, reported, and recognized in accordance with the college’s Gift Accounting Policy.
Gifts of Real Estate: Gifts of real estate pose special legal and financial considerations and, therefore, may be accepted only with the approval of the vice president for institutional advancement and the president of the college, in consultation with the vice president for business and finance. Whenever feasible, a prospective donor will be encouraged to sell the real estate in contemplation for donation to the college. Gifts of real estate are receipted, reported, and recognized in accordance with the college’s Gift Accounting Policy.
Prior to approval, the following items must be completed to the satisfaction of the vice president for business and finance and the vice president for institutional advancement:
Phase I Environmental Audit;
Certified appraisal to establish the value of the property within sixty (60) days of the date of gift;
Legal description of the property;
Photographs of the property and / or a site visit;
Title insurance binder for the property within thirty (30) days of the date of the gift naming the college as the insured, at standard rates, subject to a legal opinion as to exceptions from coverage.
The above should be provided at the donor’s expense. The donor is ultimately responsible for substantiating the value of any charitable deduction. The college reserves the right to cover certain expenses if the value of the gift is a substantial amount.
Bargain Sales – A donor may elect to sell a piece of real estate to the college at a price less than fair market value. The IRS considers the difference between the fair market value and the selling price to be a gift and therefore produces an income tax deduction for the donor. The college benefits by acquiring property or by selling the property to a third party at market value. Bargain sales are receipted, reported, and recognized in accordance with the college’s Gift Accounting Policy.
Gifts of Tangible Personal Property and Gifts-In-Kind: The college will accept gifts of tangible personal property from individuals and in-kind gifts from organizations and corporations in accordance with the procedures established below. In general, all gifts of tangible personal property must further the college’s mission or be readily marketable. The final determination of need rests with the vice president for institutional advancement in consultation with the appropriate department and the college president.
Outright gifts of tangible personal property, for which individual donors qualify for a charitable gift deduction under current IRS regulations, are receipted, reported, and recognized in accordance with the college’s Gift Accounting Policy. Unless otherwise authorized by the board of trustees, the college will seek to liquidate such assets in order to secure the cash needed to fund its programmatic and/or facility priorities. Once a gift is accepted, the item becomes college property. If at any time the college wants to sell or otherwise dispose of the gift, the disposition must follow college policy.
Generally, the college’s acceptance of non-cash gifts will not involve significant additional expense for their receipt, present or future use, insurance, maintenance, or administration. In addition, the college will not incur burdensome financial or other obligations, directly or indirectly, unless approved by the board.
The college will not accept gifts of tangible personal property, such as books, paintings, etc., if such gifts are to be made on the condition, understanding or expectation that the gifts items will be loaned to the donor or to persons designated by the donor for life or for an extended period of time as determined by the donor.
Canisius College will accept works of art and provide donors with charitable deduction receipts for these gifts in kind, on the following conditions:
Upon transfer to Canisius, the works of art become the property of the college and the decision to display, manage, or even sell is within the discretion of the college;
Artwork is put on display as much and as widely as possible, but it is not possible to guarantee a permanent location for a particular piece or even a commitment to display all items in a collection at all times;
In accordance with IRS guidelines, an artist who donates his or her own work of art may receive a charitable contribution only for the cost of the materials used to create the artwork but not for the resale value of the piece;
In the case of a donor who is not the artist, an appraisal by a professional third party must be provided by the donor at the donor’s expense;
Gift of Service: As a general guideline, gifts of service are not a tax deductible donation and should not be recorded for accounting purposes, but the volunteer may receive recognition credit for the service. In order for an organization to claim a charitable contribution, the individual must receive income and in return give money or tangible goods back to the charitable organization. Employees or independent contractors of the college may not forfeit pay for services and then make a donation of the same amount. A Form W-2 or 1099-Misc needs to be issued for time worked at the college. Per IRS Publication 526, you cannot claim a deduction for the value of your time or services.
Cashless Stock Options Exercise Programs: This gift is an exercise of stock options tied to a donation of the stock to the college. Individuals can realize a tax write-off while the college benefits from the difference between the sale price and the exercise cost. Such gifts are receipted, reported, and recognized in accordance with the college’s Gift Accounting Policy.
Corporate Matching Gifts: These gifts will be encouraged and credited in accordance with the college Gift Accounting Policy. The college does not accept pledges of matching gifts from donors nor can the pledge be increased to include a potential matching gift. Only the corporation itself can pledge a matching gift.
Professional Services and Volunteer Travel Expenses: The goal of any campaign is to realize real and applicable financial resources. Therefore, while the college is grateful for the involvement of volunteer leadership, these are gifts that will not be credited to the campaign or recorded in annual donor categories. An individual functioning as a trustee, alumni board member, volunteer, or committee member is not eligible to donate volunteer time dedicated to the college-related activities as a gift of professional services. If the individual is retained, either by contract or similarly in writing, to perform a professional service, that individual may be able to donate the payment for professional services back to the college. An individual functioning as a trustee, alumni board member, volunteer, or other similar committee member is eligible to deduct related travel expenses as defined by IRS guidelines. However, the college does not record that travel as a gift, include it in campaign or other giving program totals, or credit the individual in donor categories.
2. Pledges
Pledges allow a commitment to be paid at a future date or over a period of time based on an agreed-upon payment schedule. Pledging a gift over a three-to-five-year period may allow a donor to make a more substantial gift while affording him/her the opportunity to adjust the timing and amount of each payment to achieve the most beneficial tax treatment. Most annual gifts are not pledged beyond the fiscal year in which they are requested. Annual fund pledges are subject to review on a six month rolling cycle. Capital and endowment pledges are reviewed with the Office of Business and Finance in cooperation with Instutional Advancement gift officers on a yearly basis for determination of donor intent to pay.
3. Deferred or Planned Gifts
Deferred or planned gifts are different from outright gifts as the college does not realize an asset until some point in the future. It is for this reason – the uncertainty of timing of realization – that the college records deferred gifts separately from outright gifts. As a general guideline, any unrestricted bequest less than $10,000 is designated to annual fund – unrestricted, and any bequest $10,000 or greater is designated to endowment. – unrestricted. When a bequest of less than $10,000 is received and general scholarship is indicated, the gift will be designated to annual fund – tuition assistance for students. Any bequest $10,000 or greater will be designated to endowment – commemorative scholarship fund. The general rule applies, unless consultation with the family is appropriate.
In accordance with the college’s Gift Accounting Policy, the college reports the planned gift’s face value and present value. Present value of deferred gifts may be counted for campaign purposes. Total value may be counted if donor is over 70 ½ years of age.
Planned gifts may be made through the following:
Bequest by Will or Living Trust – A donor may name the college as beneficiary in his/her will or trust directing that the college receive an outright distribution or annual payments from the donor’s estate.
Gifts of Retirement Plan Assets – A donor may contribute retirement plan assets to the college by means of testamentary bequests and transfers to charitable remainder trusts.
Charitable Trusts (irrevocable) – Trusts are legal documents and are not the property of the college.
Charitable Remainder Unitrust – This trust pays a set percentage of the trust’s principal, as calculated annually, to the income beneficiary for life or a set term of years (i.e., the amount of the annual payments fluctuate). Additional gifts may be made to the trust at any time. When the income beneficiary dies or the term of years expires, the principal goes to the college and perhaps additional charitable beneficiaries. Trust assets must be managed separately for each trust. Proposed charitable remainder annuity trusts for which the college is trustee and/or administrator must be funded initially with an asset threshold determined by Institutional Advancement.
Charitable Remainder Annuity Trust – This trust differs from the unitrust in that the annual income payment is a set dollar amount determined when the trust is established. No additions to the trust are allowed after the trust is established. Trust investments are managed separately for each trust.
Proposed charitable remainder annuity trusts for which the college is trustee and/or administrator must be funded initially with assets of at least $100,000.
The college recommends that trusts be limited to one or two income beneficiaries.
Donors are encouraged to name a trust company, the trust office of their bank, or their community foundation as trustee.
Charitable Lead Trust – This trust pays to the college (and perhaps another charitable organization) a stream of payments for a specified period of years, at the end of which time the assets of the trust are distributed to non-charitable designees (e.g., the donor’s children or grandchildren). The assets of this trust must also be managed separately.
Proposed charitable lead trusts must normally be funded initially with assets of at least $200,000.
Income received by the college as the result of a charitable lead trust is used and/or invested by the college for the purposes specified in the trust agreement. In those cases where the trust agreement indicates no specific purpose, income received is treated as an unrestricted asset of the college.
Charitable Gift Annuities (irrevocable) – Annuities are owned by the college. Proposed charitable gift annuities are funded initially with assets the fair market value of which is at least $10,000.
Immediate Payment of Gift Annuity – In exchange for a gift, the donor/annuitant is guaranteed a fixed annual income during each annuitant’s life. Upon the death of the annuitant(s), the funds are directed to the college as designated by the donor. The annuity ends with the death of the last income beneficiary.
Annuity payments are made at the donor’s choice: quarterly, semi-annually or annually.
Deferred Payment Gift Annuity – A deferred payment gift annuity is governed by the same rules described in the preceding paragraph, with the exception that the first annuity payment to the annuitants is delayed for one or more years following the effective date of the agreement. The interest earned in the interim is credited to the contract, which increases the amount of the annuity.
Retained Life Estates in Real Property – In such an arrangement the donor gives a remainder interest in a personal residence, second home or farm. The property is gifted to the college but the donor retains the right to occupy the property until death, at which time all rights to the property pass to the college. The donor usually pays all expenses related to the property during his/her lifetime, but various alternative arrangements may be negotiated by the college president and the vice president for institutional advancement.
Gift of Life Insurance: The college accepts gifts of new and existing whole life insurance (no term or non-dividend policies). The donor or insured designates the college as the sole owner and irrevocable beneficiary. The college will not accept gifts of life insurance policies that have a loan against the value without the consent of the president. All policies will provide for waiver of premiums in case of disability. There will be no automatic loan provisions. If the donor does not respond to a premium bill by the due date, the college will cash it in for the surrender value. At all times, the college reserves the right to cash in the policy or retain it as an investment.
Endowed Fund Guidelines
The amount needed to establish a named endowment at Canisius College is $25,000. The fund may be started with a smaller amount provided that it is the intention of the benefactor to reach the $25,000 level over time.
Minimum amount to establish academic department funds, professorships, and chairs will be determined by the vice president for institutional advancement in consultation with Senior Leadership Team.
In the case of scholarship funds, the benefactor may specify that the scholarship is to be awarded (a) solely on the basis of academic merit, (b) solely on the basis of financial need, or (c) on a combination of academic merit and financial need.
The benefactor may further specify that the scholarship should be given to (a) student(s) in the College of Arts & Sciences or a specific department within that college, (b) student(s) in the Wehle School of Business or a specific department within that school, (c) student(s) in the School of Education and Human Services or a specific department within that school or (d) students within a particular class or category that is sufficiently broad and whom the college wishes to recruit (e.g. graduates of principal feeder high schools).
The benefactor may suggest other criteria for the awarding of the scholarship, but such restrictions must be discussed with the college to ensure that the targeted class is of a sufficient size that would enable the college to award the scholarship each year.
With respect to any criteria desired by the benefactor, the college prefers that all criteria be stated as a first preference: that is, that if the college, after reasonable efforts, is unable to award the scholarship to a student meeting the exact criteria, the college would undertake to award the scholarship to another worthy student who meets as many of the criteria as possible. After criteria are established, the college’s Office of Student Records and Financial Services will select students based on criteria for a particular scholarship.
Scholarship accounts may not be established to make tuition payments and/or provide for financial gain for a related party or family member of the donor. A donor or member or representative of the donor’s family may not solely select the recipient(s) of a named scholarship; however, a donor or member or representative of the donor’s family may participate in an objective selection process as a member of a committee, in which case donors or their family members or representatives may not make up the majority of the committee. Members of a selection committee must disclose any relationship with any applicant and in the case of a relationship that would create the appearance of a conflict of interest, must refrain from voting on that particular applicant.
Benefactors establishing an endowed scholarship will receive an annual accounting of the scholarship fund from the college. The accounting will include the current market value and the name(s) and amount awarded for any recipient during that year.
In the case of donations made to the college in honor of or in memory of another person, the college will consult with the individual or family of the individual so honored to ascertain the honoree’s wishes. If there is a desire to fund the scholarship at the minimum level (whether through the solicitation of donations from others or through a commitment by the honoree or the honoree’s family), a separate endowed scholarship in the honoree’s name shall be established. Except in extenuating circumstances authorized by the college president, if the scholarship is not fully funded within five years of formation, any donation funds received will be transferred to the College Commemorative Endowed Scholarship Fund (Endowed) and designated in honor of the honoree.
With respect to other endowed funds, the college and the donor must agree on the purposes of the fund and the recognition to be accorded the donor. In particular, endowed funds that would require that the college present an award or some other periodic recognition in the name of the donor or the donor(s)’s family must be approved by the vice president for institutional advancement and the president.
Gift Acknowledgement/Stewardship
Institutional Advancement is responsible for the processing, recording, acknowledging, and maintenance of records and files and related correspondence and documents for all gifts of cash, securities, gifts-in-kind, pledges, and grants from private sources including individuals, corporations, and private foundations secured through Institutional Advancement initiatives. Any employee receiving such a gift must promptly forward it and all pertinent correspondence to Institutional Advancement for deposit, accounting, and acknowledgment. Only Institutional Advancement may issue the official tax receipt for a gift to the college. All acknowledgements letters must include language thanking the donor.
All personal gift records identifying a donor will be treated with professional discretion and will be subject to the normal listings and uses of the college. Gift records of donors requesting confidentiality or anonymity will be accorded such. However, the college may disclose such information or documentation as authorized by such a donor or as may be required by law. Where confidentiality or anonymity is not requested, Institutional Advancement will work closely with the Office of College Communications to prepare and issue all news releases and other internal and external media releases as appropriate.
Naming Opportunities
The college welcomes the opportunity to honor those who have rendered extraordinary service or support to Canisius College. Facilities, spaces, endowments, or programs may be named for individuals or entities whose accomplishments or generosity advance the academic mission of the college, further the capacity of the college to meet its teaching and scholarly objectives and to serve its community, and enhance the growth and reputation of the institution. A decision to construct or renovate a building, establish an endowment, or create a program is to be taken on the basis of established academic and other operational criteria and approved in keeping with the college’s established mission. In all instances, naming will be independent of all appointment, admission, and curriculum decisions. To ensure the appropriateness of the honor, the college will follow the guidelines listed below as it makes decisions on a case-by-case basis with regard to naming facilities, spaces, endowments, or programs.
Criteria for Selection of Honorees: Naming a facility, space, endowment or program for an individual, organization, or corporation is one of the highest honors that Canisius College can bestow. This recognition is a lasting and powerful affirmation of the honoree’s connection to the college’s mission. As such, honorees must have exemplary character, an unqualified reputation for honesty, personal integrity, and the highest standards of personal and professional ethics.
Extraordinary Service: Honorees who have been employed by the college must have given extraordinary service to the institution in a teaching, research, service, or administrative field with such exceptional distinction that their contributions are widely recognized by their peers, both at the college and elsewhere. The recognition afforded the honoree may also include private financial contributions related to the naming opportunity. Honorees may not be in active service at Canisius College or hold elected office at the time of the naming, unless the circumstances are exceptional and approved by the board of trustees.
Private Financial Support: Individuals who have not been college employees, corporations, and other organizations may be considered for naming recognition if they have made significant financial contributions to the college related to the naming opportunity. Decisions regarding such recognition are made on a case-by-case basis in accordance with the guidelines below and also take into consideration the total cost of the project, the availability of other funds, and the level of financial contribution.
In order for a facility, space, endowment, or program to be named based upon a contribution, the following conditions will normally be met:
The gift must be in irrevocable form, e.g., trust, contract for will (with present value being used for all deferred commitments), or to be paid over a period of no longer than five years based upon a signed commitment. A deferred gift is not normally acceptable for a facility where construction is dependent upon the gift;
A bequest gift from a donor who is still alive will not normally be considered for a naming opportunity;
The person for whom the name is assigned has some reasonable connection to the facility, space, endowment, or program being so designated;
Unless the gift is required to construct or equip the facility to be named, the gift normally must be used to establish a program endowment restricted to an appropriate department or program closely associated with the facility;
If a school, department, or program is to be named, a restricted endowment supporting that school, department or program normally will be established.
In special circumstances, the vice president for institutional advancement and college president may make exceptions to the above guidelines.
Levels of Financial Support: The following general guidelines must be taken into consideration in determining a significant level of financial support in a given situation:
New Facilities: a minimum of fifty percent (50%) of construction costs.
Renovation of Facilities: a minimum of seventy-five percent (75%) of the cost of renovating a facility.
Existing Facilities without Renovation: a minimum of seventy-five percent (75%) of the fair market value of the facility.
Collections: donation of the collection or at least fifty percent (50%) of the value of the collection.
Tribute Markers: fifty percent (50%) of the cost or value of associated items (e.g. trees, gardens).
Endowments: The amount needed to establish a named endowment at Canisius College is $25,000. The fund may be started with a smaller amount provided that it is the intention of the benefactor to reach the $25,000 level over time.
Programmatic Entities: determined on a case-by-case basis.
At the discretion of the college president, in consultation with the board of trustees, exceptions to the above guidelines may be made.
Naming Approval Procedures: Since naming facilities, spaces, endowments, and programs has a long-term impact on the college, the approval process is designed to ensure such action is in the best interest of the college:
Institutional Advancement will review all naming requests. In the best interest of the college and prospective honorees, information relating to any naming request or plan will remain confidential until appropriate approvals have been obtained;
Institutional Advancement will discuss the potential naming with the president and other appropriate Senior Leadership Team members;
Upon receiving general approval from the president, the board of trustees will be notified for initial clearance; and
Upon commitment by the donor (if applicable), the board of trustees as a whole will be asked to approve the naming.
Duration of Name: Naming of facilities, spaces, endowments and programs in honor of individuals is generally expected to last the lifetime of the facility, space, endowment or program. Naming of facilities, spaces, endowments, and programs in honor of corporations or other organizations will have a set number of years attached to the naming which will be determined on a case-by-case basis and listed in the signed gift agreement. Naming associated with a particular facility, space, endowment, or program will not preclude further naming within the facility, space, endowment, or program. If at any time following the approval of a naming, circumstances change substantially so that the continued use of that name may compromise the public trust, the president will consult with the board of trustees, regarding future action. The college reserves the right to remove any name that would not reflect positively on the college or would conflict with the purpose or mission of the college.
Other Miscellaneous Matters
Responsibility for IRS Filings upon Sale of Gift Items
Institutional Advancement is responsible for filing IRS Form 8282 upon the sale or disposition of any asset sold by the college within three (3) years of receipt. The college must file such form within 125 days of the date of sale or disposition of the asset. The Form 8282 will be prepared by Institutional Advancement and delivered to the donor(s).
Gifts Solicited in States Requiring Registration
Certain states require registration in order to solicit residents of that state either via direct mail or telephone. Institutional Advancement satisfy the registration requirements annually in compliance with each state’s guidelines.
Gifts from Foreign Sources
Compliance with federal anti-money laundering requirements is required for individual gifts in excess of $100,000, for donors making smaller gifts totaling $250,000 in one year, and for gifts drawn on foreign bank accounts, sent from a foreign jurisdiction, or from a donor with a foreign address.
The college complies with Section 117 of the Higher Education Act requiring that institutions report to the Department of Education any gift or contract with a Foreign Source valued at $250,000 or more considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year.
Institutional Advancement will submit foreign gift reports using the Federal Student Aid's Electronic Application (E-App).
RELATED POLICIES
Alumni Solicitations Policy
Conflict of Interest Policy
Gift Accounting Policy</s> |
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<s>[INST] Vaughn College recognizes and endorses the importance of fair procedures for reviewing grievances properly without fear of prejudice or reprisal.txt [/INST] Vaughn College recognizes and endorses the importance of fair procedures for reviewing grievances properly without fear of prejudice or reprisal. The College agrees to use its best efforts to encourage the informal and prompt settlement of grievances, as defined below.
Definition
A grievance is defined as an alleged misapplication, misinterpretation, or violation of any provision in this Faculty Handbook. However, for appeals concerning promotion and tenure decisions, see Subsections 1.9.16 and 1.9.1.7. For appeals concerning dismissal for cause and terminations due to financial exigency, see Subsection 1.12.5. Any other concern will be treated as a complaint.
Issues Not Open to Grievance
The following issues cannot be made the subject of a grievance:
Determination or content of a Faculty Handbook policy, procedure, rule or regulation appropriately approved by the College governance system;
Those items falling within the jurisdiction of other College policies and procedures (i.e., Tenure, Promotion, Sexual or Gender-Based Misconduct, Discrimination and Harassment claims, etc.);
Normal actions taken or recommendation made by members of the College administration or applicable committee members acting in an official capacity in the grievance process;
Failure to satisfy the grievant after the grievance process has been completed.
Ad Hoc Faculty Grievance (“Grievance Committee”)
Ad hoc Faculty Grievance Committees are appointed by the President of the Faculty Senate in accordance with Article IV of the Faculty Senate Bylaws.
General Rules of Procedure for Grievance
The time schedule for each step is to be carefully observed. Time limits may be extended by mutual agreement of the parties involved and should be communicated in writing to all parties through the Grievance Committee. Minor deviations that do not cause significant negative consequences for either party shall not necessarily invalidate the process or decision.
All proceedings will be closed and confidential to protect the parties and the College.
Faculty Grievance Procedure
Step One: Attempted Resolution
A faculty member who feels that there are grounds for a complaint or possible grievance should first discuss informally the matter with his or her Department Chair.
Step Two: Formal Complaint or Grievance
1. Should the informal step fail to resolve the matter to the satisfaction of the faculty member, he or she may submit a complaint or grievance in writing to the Vice President of Academic Affairs, stating in detail the subject matter of the grievance or complaint, the specific section of the Faculty Handbook which is in dispute, the informal steps taken with the specific supervisor(s) named, and the remedy requested.
2. The Vice President of Academic Affairs will respond in writing to the faculty member within seven (7) calendar of receiving the grievance letter. The response will acknowledge receipt of the faculty member’s letter and indicate whether the faculty member’s letter has met the definition of a grievance.
If the Vice President of Academic Affairs determines that sufficient grounds exist, he or she will appoint an ad hoc Faculty Grievance Committee to investigate the faculty member’s grievance. Membership of the ad hoc committee will consist of three to five senior full-time faculty members, each having one vote and appointed by the Vice President of Academic Affairs.
Should the Vice President of Academic Affairs find that there is not a grievance but only a complaint, he or she will work with the parties directly involved in an attempt to resolve the complaint. Should either party not be satisfied with the Vice President of Academic Affairs’ recommendation to resolve the complaint, either party may, within ten (10) working days, appeal to the College President, who will render a final decision within ten working days and will inform, in writing, all parties involved of his or her decision. The College President’s decision regarding the complaint is final.
Step Three: Formal Grievance
The request for grievance and any supporting materials will be provided to the ad hoc Faculty Grievance Committee for examination. The committee will have investigative powers and may interview persons who it believes may have information potentially relevant to the faculty member’s grievance. The committee will interview the faculty member to discuss and clarify the issues raised in the grievance. Whenever the committee believes that a meeting with other individuals could lead to a better understanding of the issues in the grievance, it will meet with the appropriate party.
The ad hoc committee will prepare a written report for the parties and the College President within thirty days of being assigned the case. The committee’s report will include findings of fact and conclusions with respect to the grounds alleged and, where appropriate, will make recommendations for corrective action and final resolution of the grievance. The committee’s findings will be limited to consideration of whether grounds for the grievance have been established by the faculty member by the greater weight of the evidence.
Step Four: College President Review
1. The Grievance Committee’s recommendations for corrective action and final resolution of the grievance may either be accepted by all parties or rejected by any party. Rejection or acceptance by either party must be communicated in writing to all persons involved within ten (10) working days after receipt of the committee’s written report.
2. If the recommended disposition is not accepted by either of the parties, the College President will review the committee’s report and recommended disposition and make a decision (that is not subject to appeal) on the grievance within twenty (20) working days of his or her receipt of communication that either party has rejected the Grievance Committee’s recommendations. The College President will communicate his or her decision in writing to all parties.
College President is a Direct Party to the Grievance
1. Should the President be a direct party to the grievance, the grievant may file a petition to the Executive Committee of the Board of Trustees for a review of the record. Such an appeal will be filed within ten (10) working days of the President’s decision. The Executive Committee or a special committee designated by it will review the case at a meeting called for that purpose and give a final decision on the grievance. Only when the President is directly involved will such a review take place.
2. The Board’s review committee will ordinarily inform in writing all parties of its decision within ten (10) working days of its review of the record.
Outside Court/Agency Action
1. Should any grievant initiate court or agency action on a grievance, the College reserves the right to discontinue internal procedures or to continue the same to complete a record as the case may warrant.
2. A grievance that has been filed and resolved by, or is on appeal in, an outside court or agency cannot then be presented as a grievance.</s> |
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<s>[INST] Versions of Financial Exigency Policies.txt [/INST] Version Approved by the Faculty
b. Elimination of Faculty Positions
Termination of an appointment with tenure, or of a nontenured appointment before the end of the contract period may occur because of (1) a financially exigency or (2) the discontinuance of an academic program or department of instruction due to educational considerations as set forth below.
Termination Due to Financial Exigency
Termination of an appointment with continuous tenure, or of a probationary or other nontenured appointment before the end of the specified term, may occur under extraordinary circumstances because of a demonstrably bona fide financial exigency, i.e., a severe financial crisis that fundamentally compromises the academic integrity of the institution as a whole and that cannot be alleviated by less drastic means.
As a first step, there should be an elected faculty governance body that participates in the decision that a condition of financial exigency exists or is imminent and that all feasible alternatives to termination of appointments have been pursued, including expenditure of one-time money or reserves as bridge funding, furloughs, pay cuts, deferred-compensation plans, early-retirement packages, deferral of nonessential capital expenditures, and cuts to noneducational programs and services, including expenses for administration.
Judgments determining where within the overall academic program termination of appointments may occur involve considerations of educational policy, including affirmative action, as well as of faculty status, and should therefore be the primary responsibility of the faculty or of an appropriate faculty body. The faculty or an appropriate faculty body should also exercise primary responsibility in determining the criteria for identifying the individuals whose appointments are to be terminated. These criteria may appropriately include considerations of length of service.
The responsibility for identifying individuals whose appointments are to be terminated should be committed to a person or group designated or approved by the faculty. The allocation of this responsibility may vary according to the size and character of the institution, the extent of the terminations to be made, or other considerations of fairness in judgment. The case of a faculty member given notice of proposed termination of appointment will be governed by the following provisions.
Before any proposals for program discontinuance on grounds of financial exigency are made, the faculty or an appropriate faculty body will have opportunity to render an assessment in writing of the institution’s financial condition.
[Note: Academic programs cannot be defined ad hoc, at any size; programs should be recognized academic units that existed prior to the declaration of financial exigency. The term “program” should designate a related cluster of credit-bearing courses that constitute a coherent body of study within a discipline or set of related disciplines. When feasible, the term should designate a department or similar administrative unit that offers majors and minors.]
The faculty or an appropriate faculty body will have access to at least five years of audited financial statements, current and following-year budgets, and detailed cash-flow estimates for future years.
In order to make informed recommendations about the financial impact of program closures, the faculty or an appropriate faculty body will have access to detailed program, department, and administrative-unit budgets.
Faculty members in a program being considered for discontinuance because of financial exigency will promptly be informed of this activity in writing and provided at least thirty days in which to respond to it. Tenured, tenure-track, and contingent faculty members will be informed and invited to respond.
If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to a full hearing before a faculty committee. The hearing need not conform in all respects with a proceeding conducted pursuant to Section 3.13.4, but the essentials of an on-the-record adjudicative hearing will be observed. The issues in this hearing may include the following:
The existence and extent of the condition of financial exigency. The burden will rest on the administration to prove the existence and extent of the condition. The findings of a faculty committee in a previous proceeding involving the same issue may be introduced.
The validity of the educational judgments and the criteria for identification for termination; but the recommendations of a faculty body on these matters will be considered presumptively valid.
Whether the criteria are being properly applied in the individual case.
If the institution, because of financial exigency, terminates appointments, it will not at the same time make new appointments, except in extraordinary circumstances where a serious distortion in the academic program would otherwise result. The appointment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program would otherwise result.
Before terminating an appointment because of financial exigency, the institution, with faculty participation, will make every effort to place the faculty member concerned in another suitable position within the institution.
In all cases of termination of appointment because of financial exigency, the faculty member concerned will be given notice or severance salary not less than as prescribed in Section 3.13.3.1.
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Termination Due to Financially Contingent Situations and Resource Allocation
Termination of a tenured faculty member or, prior to the end of the term of appointment, of a tenure-track faculty member may occur because of the declaration of a financially contingent situation as described below.
For purposes of this policy, a “financially contingent situation” is a serious financial condition that is likely in the future to threaten the fiscal soundness of the university’s programs or services. It is not required that the university invade or deplete capital prior to determining that there is a financially contingent situation. It is also not required that the viability of the institution as a whole is threatened prior to determining that there is a financially contingent situation.
Criteria
The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness and Marketability, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction and reorganization, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness and Marketability, and Quality. The objective must be to arrive at wise judgments.
MISSION
Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Ohio Wesleyan's liberal arts heritage? Is it essential in serving other programs?
COST EFFECTIVENESS & MARKETABILITY
Attentiveness to the cost effectiveness and marketability of programs and services is a key characteristic of a well-run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short-term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. The following non-prescriptive questions related to cost effectiveness and marketability must be asked: What is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service duplicative? What is the present and future demand for the program among existing and potential student populations as measured by internal data sets (e.g., enrollments, numbers of majors, programs served, etc.), labor market projections, external stakeholder feedback, and national and state policy/economic projections and placement data?
QUALITY
Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and faculty staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its faculty generally perceived by Faculty (staff, where non-academic services may be involved), students, and alumni to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the faculty versatile as well as strong?
The guidelines of Mission, Cost Effectiveness and Marketability, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions.
Making Contingency Decisions
If financially contingent situations require reductions in personnel and/or academic departments or programs resulting in the termination of faculty appointments or services , the University will balance a need for timely action with the need for shared decision-making. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students, before making a recommendation to the Board of Trustees as follows:
Determination of Financial Contingent Situation
The Board of Trustees is solely authorized to determine that a financial contingent situation exists or is imminent.
The University Governance Committee shall be invited to be present when the Board of Trustees considers matters related to financial contingency and may, at the discretion of the Chair of the Board of Trustees, be invited to address the Board on behalf of the faculty as part of the Board's deliberations. The President shall present relevant financial data to the Committee of University Governance (UGC) that a financial contingent situation exists or is imminent, and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of faculty positions.
Framing of Proposal to Address Financial Contingent Situation
In the event that the Board of Trustees declares that a financial contingent situation exists or is imminent, the President shall be responsible for framing a proposal for addressing the situation. If the proposal might require reductions in academic departments or interdisciplinary programs and the termination of faculty positions, the President, prior to framing the proposal, shall engage in an extensive academic program review process.
Academic Program Review Process
Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a set of common quantitative data for all academic programs at the University showing trends in course enrollments, student credits delivered, graduated majors, declared majors, direct instructional expense, and other performance metrics agreed upon by Academic Affairs, Academic Planning and Allocation Committee (APAC), and UGC. The data will be made available transparently to all faculty through appropriate means such as live data dashboards.
Step 2. Following the publication of the data, each academic department and interdisciplinary program will be charged by Academic Affairs to complete self-studies, following criteria set by APAC.
Step 3. Following receipt of the department and program self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President.
Step 4. The President shall convene a Joint Committee comprised of eight faculty members, six of which are elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: UGC, Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and APAC; and two of which are appointed by the President from the tenure-line faculty. In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. From the faculty membership, the President shall appoint the convener of the Joint Committee.
After considering the department self-studies and APAC report, the Joint Committee shall:
Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors;
Identify opportunities for program enhancement; and
Suggest the optimal configuration of departments and interdisciplinary programs.
In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs; and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program.
The President, following consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President.
Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected departments and interdisciplinary programs identified in the proposal.
Each committee and affected department and interdisciplinary program will have a 30-day period to develop their recommendations to the President. The manner in which the committees and affected departments and interdisciplinary programs arrive at their recommendations is at their respective discretion.
Step 6. The respective committees and affected departments and interdisciplinary programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If the President adopts the recommendations, the President will incorporate them into the final plan submitted to the Board of Trustees. If the President does not adopt the recommendations, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and affected departments and interdisciplinary programs. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation.
Step 7. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below.
Step 8. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken.
Priorities
In making recommendations and final decisions on individual faculty reductions in accordance with the Academic Program Review Process procedures above, the following sequence and criteria shall apply:
Sequence:
Consideration of faculty attrition resulting from resignation, retirement, or other severance actions.
Termination of Part-time and Visiting faculty positions within the affected department(s) or interdisciplinary program(s).
Termination of tenure-track and/or tenured positions within the affected department(s) or interdisciplinary program(s). The appointment of a faculty member with tenure within the same department or program will not be terminated in favor of retaining a full-time tenure-track faculty member, except in circumstances where a serious distortion of the department or interdisciplinary program would otherwise result.
Criteria:
The qualifications of faculty members as documented in official personnel files and as judged relative to the needs of the University and the potentially affected department or interdisciplinary program.
Given relatively equal standing as determined in a above, seniority as determined by length of service at the University.
Notification
Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal.
In all cases of termination of appointment because of financial contingency, full-time non-tenure faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1.
Appeals
If the administration issues notice to a tenure line faculty member of an intention to terminate the appointment because of financial contingency, the faculty member will have the right to file a grievance in accordance with Section 3.14.3.
Reassignment and Retraining
Before the President issues notice to a tenure line faculty member of the University’s intention to terminate an appointment because of a formal discontinuance of a department or interdisciplinary program, the University, subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), will consider the faculty member for suitable administrative or teaching position vacations within the University. See Section 3.13.5.1 below for additional information.
When a suitable position is not available within the University, with or without retraining, and the faculty member is not agreeable to any optional alternative courses of action (i.e., change in status to part-time), the faculty member’s appointment may be terminated.
Reinstatement Rights
In all cases of termination of appointment because of financial contingency, the place of the faculty member concerned will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.
Original University Policy
Chapter V.
E. Contingencies and Resource Allocation
l. Criteria
The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness, and Quality. The objective must be to arrive at wise judgments.
MISSION
Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Wesleyan's liberal arts heritage? Is it essential in serving other programs?
COST EFFECTIVENESS
Attentiveness to the cost effectiveness of programs and services is a key characteristic of a well run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. It must ask what is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service a "native recruiter?" Is it duplicative?
QUALITY
Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its staff generally perceived by Faculty (staff, where non-academic services may be involved) and students to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the staff versatile as well as strong?
…..
The guidelines of Mission, Cost Effectiveness, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions.
2. Making Contingency Decisions
If financially contingent situations require reductions in personnel and/or programs or services, the University will balance a need for timely action with the need for shared decisionmaking. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students.
Responsibility for framing a proposal for program or services and/or personnel reductions to deal with a financial contingency will rest with the President. The proposal, when it pertains to academic programs and/or personnel, will be referred to the Committee on Academic Programs as to curricular impact, to the Academic Planning and Allocation Committee as to the implications for the academic plan, to the Faculty Personnel Committee as to personnel implications, and to the affected programs. When the proposal pertains to non-academic programs, services, and/or personnel, it will be forwarded to the Governance Committee and the Cabinet for consideration. These bodies will hold hearings as part of their deliberations. At the discretion of the President, an advisory student committee may also be created. These groups will severally consider the proposal(s) and in doing so may consult widely with faculty, students, and, where appropriate, with staff. They are to complete their deliberations within 30 calendar days of receipt of the President's proposal(s) and report their findings and recommendations to the President immediately upon finishing their deliberations. They may recommend acceptance, alteration, or otherwise, of the President's proposal(s). If and when they are unable to achieve concurrence with the President, and the President yet judges that reductions must be made, he or she will bear final responsibility for reporting to the Board of Trustees the proposed course of action. If there is a difference of views between the President and the committees, the President will ensure that the committees' proposals are forwarded to the Trustees when he/she forwards his/her proposal(s). The Board of Trustees retains ultimate authority for approving proposals as to program and position reductions and terminations responding to financial contingency situations.
After the completion and implementation of decisions for institutional contraction to deal with financial contingencies, the President will make available to the campus community a full report on the actions taken.</s> |
<s>[INST] Volume I Review Process-Suggestions.txt [/INST] Volume I Review Process
Kathleen Owens, PhD, Chair
Proposed Changes to First Draft, December 2012
Page 1: Associate to Baccalaureate
Page 2: Add seal
Page 3: In 1831, “According to tradition,….”
Pate 5: 1.1.6: add membership in CMHE
Page 6: #9: suggestion—accredited secondary school or equivalent
Page 9: Trustee terms begin on July 1 and end on June 30 [add this at end]
Page 9: do not add sentence in Section 2. Vacancies
Page 10: Section 8; remove last sentence
Page 11: include for now but review with Committee on Governance &Trustees
Page 12 (i) take out endowments; rest is OK
Page 13: Members rather than members; Treasurer rather than vice president; NOTE: Chair of Board is not a member of the corporation
Page 14: (b): do not change
Page 15 Section 6: President, not Board
Page16: last sentence: capital M; need to review with Committee on Governance &Trustees [not technically a Member of the Corporation]
Page 18: #9 separate into two functions and add as comment box: Add new bullet as #1: Steward the institution’s Catholic and Mercy identity…
Page 20: motivated by its commitment to Stewardship….;
P age 22: (ii): this is the role of the Executive Committee; also 5.B is Executive Committee
Page 28 (1) promote College’s Catholic and Mercy identity
Page 29 1.3.12 #1: including Catholic and Mercy identity
Page 31: President’s Council is an advisory council
Page 32: Director of Honors Program reports to VPAA
Page 33: remove Director of Sports Information; Assistant to VP for Enrollment and Student Services; Coordinator of Enrollment Support Services
Page 35: Sponsor: use same as on page 5
Page 36: VPA A; VPFA and Public Safety; VPIA remove research and change to advancement services
Page 37: need enrollment responsibilities and marketing
Page 38: 1.4.2.7.1 needs to be re-aligned
Page 38: 1.4.2.8: being revised by Student Services
Page 40: all committees: change “10 days in advance” to “prior to meetings”
Page 45: 1.5.1.6: #9 remove marketing and move to Enrollment and Marketing
Page 46: more information on Enrollment management needs to go into responsibilities
Page 47: need Deans Council and Academic Council definitions: need to craft definition [Frank or Stephen?]
Page 48: 1.5.2.2 check with Dawn and get new language; CHECK NAME OF COMMITTEE; it is Institutional Outcomes Assessment Committee and new By-laws are being sent [1/24]
Page 48: 1.5.2.3: see Jan 9 email from Cheryl re language and times
Page 49: delete College Imaging Committee
Page 50: DAC: delete “at least”
Page 54: not Campus Police but Public Safety
Page 54: Mission and Values: Direction Statements; meets 9 times per year
Page 55: “review policies” not normally done; review with Donna
Page 56: eliminate “welfare” and need to get meeting frequency [Donna]
Page 56: Director of Campus Health and Wellness and other interested parties
Page 57: 1.5.2.19: change by-laws to charters and eliminate last sentence
Page 57: Standing Committees of the Faculty; Stephen draft charter for each of the Committees; look at General Ed curriculum Committee—this is a College committee; change location?
Page 58: Committees of the College: this discussed elsewhere.
Page 58: delete all narrative and list any committee that has student representation, refer back to description in other section and just list number of students
Page 60: change guilt or innocence to responsible or not responsible
Page 61: mission, values and by-laws of the College [1.6.1]
Page 63: Volume II eliminate VPESS and VPFA; add SS for Mission and Planning and VPIA; Volume VI: add VPFA; Volume VII: add VPESS [get Word documents of Position Descriptions for Executive Council members from Donna]
Page 63: C1 and C2: eliminate Executive Council
Page 64: 60 day minimum: discuss with Stephen; (b) vote occurs by electronic or paper ballot; The Faculty Council rather than EP&P
Page 65:#3 take out Athletics in title and text and take out “team;” submit to VPESS; to appropriate EC member; VPESS rather than Assistant to the President
Page 66: discuss with Stephen
Page 69: discussed earlier
1/21/2013 Page 2 of 2</s> |
<s>[INST] Volume III-3.6Consensual Relations Policy.txt [/INST] 3.3.6 Consensual Relations Policy
CONSENSUAL RELATIONS POLICY
Effective Date:
May 6, 2019
Policy Number:
III – 3.3.6
Supersedes:
Not Applicable.
Issuing Authority:
President
Responsible Officer:
Associate Vice President, Human Resources & Compliance
Applicability:
All Canisius College employees.
History:
PURPOSE
The purpose of this policy is to ensure that the employment and academic environment is free from real or perceived conflicts of interest when college employees or students, in positions of unequal power, are involved in consensual romantic or sexual relationships.
POLICY
The college prohibits romantic and/or sexual relationships between faculty/staff members and all students regardless of whether the relationship is consensual. Nor may a faculty member exercise academic responsibility over a student with whom the faculty member has or had a romantic and/or sexual relationship, regardless of whether the relationship was consensual. For purposes of this policy, “faculty member” includes any graduate student teaching assistants with respect to students whom they teach, supervise, or evaluate.
The college also actively discourages consensual relationships of an intimate or sexual nature between supervisory personnel and those staff who report to them. The college discourages such relationships because, among other reasons, there is an implicit imbalance of power in them. The college expects its supervisors and administrators to act in a fair, impartial manner when making administrative decisions, avoiding every appearance of impropriety or favoritism that might arise from consensual relationships.
DEFINITIONS
See policy statement above.
PROCEDURES/GUIDELINES
Non-Retaliation
No person shall retaliate against an individual for reporting a consensual relationship or participating in an investigation. Any act of retaliation or reprisal violates this policy and will be treated as a separate matter. Anyone found to have retaliated against someone making a report or participating in an investigation or disciplinary proceeding will be subject to corrective actions.
Corrective Action
Failure to comply with this policy can lead to disciplinary action, up to and including dismissal. A more powerful party who enters into a consensual relationship and fails to comply with this policy should be aware that such action may constitute “malfeasance in office or willful or wanton neglect of duty.” In such a case, the party may not be entitled to defense or indemnification by the college in any subsequent criminal or civil action or demand arising from or related to the relationship.
RELATED POLICIES
Sexual and Gender-Based Misconduct Policy</s> |
<s>[INST] VPAA Job Description 2019 SS Edits.txt [/INST] Spring Arbor University
Vice President for Academic Affairs – Job Description
Job Title: Vice President for Academic Affairs
Chief Academic Officer
Department: Academic Affairs
Reports to: University President
FLSA Status: Exempt
Date: 8/1/2019
SUMMARY:
The Vice President for Academic Affairs (VPAA) serves as the Chief Academic Officer of Spring Arbor University, providing vision, leadership, planning, development, direction, assessment, and administrative oversight for all facets of the academic programs at the university. The VPAA is responsible to lead innovatively and effectively in a rapidly changing educational environment.
RESPONSIBILITIES
Serves as a member of the President’s Cabinet, reporting directly to the president.
Keeping the President informed on all matters pertaining to the Academic Affairs of the University.
In the absence of the President, the VPAA acts in his/her place
Represents and advocates for the interests of the faculty, academic programs, and academic support units within an all-institutional context.
Serves as a member of the Leadership Team, the Master Planning Committee, and the Crisis Response Team.
Sets the academic vision of the university as part of the ongoing strategic planning process; works with faculty and other constituents to establish clear and attainable educational goals to support the accomplishment of that vision.
Oversight of all academic units of the University, co-curricular units, and academic support units.
Oversight of all University curricula.
Expected to drive academic innovation, in collaboration with the faculty, to ensure that the university has a robust mix of academic programs that are market responsive and consistent with the University Concept.
Uses data-driven indicators and analytics of academic performance and the effectiveness of academic programs and units related to academic quality, retention rates, graduation rates, employment rates, and cost of instruction to make sound recommendations and decisions.
Responsible for academic policies and planning, including keeping the academic catalogs, calendars, transfer policies, the faculty handbook, and adjunct faculty handbook current and reflective of best practice; interprets, monitors, and assures compliance with academic policies.
Responsible for ongoing assessment and improvement of academic programs and units to ensure high quality, smooth operations, and effectiveness.
Responsible for facilitating effective faculty governance, working in close cooperation with the Faculty Senate and other faculty committees.
Knowledgeable about campus, online, and other nontraditional modalities, and undergraduate and graduate programs; able to build community across the boundaries of different constituencies.
Oversees all recruiting, hiring, evaluation, retention, professional development, and performance of faculty and administrators of the academic units, including the academic search process, contracts, and the promotion and tenure process; exhibits a commitment to diversity and equity as part of these efforts.
Provides advisory recommendations to the President on all academic appointments, tenure and promotion matters and ensures that such processes comply with University policy.
Ensures all faculty maintain a vibrant Christian commitment and teach their disciplines with Christ as the perspective for learning, and that faculty development activities and the promotion/tenure process supports these efforts.
Administers the budgets of all academic programs and units; ensures the strategic and effective use of funds and resources to support, enhance, and develop the academic programs and units.
Effectively manages the physical resources of the academic programs and units, including all classrooms, labs, offices, and academic spaces.
Enhances the financial strength of the university; has a deep understanding of the fiscal and physical resources necessary to support and build academic programs and units; makes wise decisions about the deployment of resources to ensure effective utilization and management of those resources.
Assists the Advancement Office with efforts to obtain new external funding to support academic programs and efforts.
Ensures compliance with the academic requirements of the Higher Learning Commission (HLC), other program accreditors, and Department of Education regulations in all states where SAU offers programs.
Ensures the effective investigation, review, and response for student complaints, student appeals, and reports of academic dishonesty.
Keeps abreast of current developments and trends in higher education and developments in federal and state regulations related to academics.
Inspires trust through effectiveness as a team player and collaborator, including team mobilization, creative problem-solving, and nuanced judgment while maintaining an ethical, respectful, and Christ-honoring environment.
Demonstrates a high level of professionalism, integrity, and respect for others; practices active listening and open communication to build trust and unity; models a strong personal relationship with Jesus Christ.
Other duties as assigned by the University President.
SUPERVISORY RESPONSIBILITES
Supervises the Associate Vice President for Academic Affairs, the Deans of the Academic Schools, the Registrar, the Director of eLearning, and the Executive Administrative Assistant for Academic Affairs. Works with subordinates to ensure clear communication, appropriate and effective delegation, ongoing feedback, and professional development. Carries out supervisory responsibilities in accordance with the organization’s priorities and applicable laws.
QUALIFICATIONS
A Ph.D. or other terminal degree from a regionally accredited institution is required. At least five years of experience working in a position of academic leadership at the dean level or higher is required. Demonstrated skills in leadership, collaboration, program development, creative thinking, problem solving, budget and personnel management, strategic planning, accreditation, effective teaching in various modalities, and research are strongly preferred. Must have excellent oral and written communication skills, public speaking skills, be self-motivated, possess good supervisory skills, be results oriented, and be able to manage multiple priorities.
Spring Arbor University is a community of learners distinguished by our lifelong involvement in the study and application of the liberal arts, total commitment to Jesus Christ as the perspective of learning, and critical participation in the contemporary world. The VPAA will have a deep and evident faith in Jesus Christ and a love for His church. He/she will have an unwavering commitment to SAU’s Statement of Faith and champion the spiritual formation and holistic development of all students. He/she will be able to articulate how they would be able to teach in their discipline with Jesus Christ as the foundation for learning and will be someone who possesses a deep sense of calling to advance the integration of faith and learning through the ministry of Christian education. The individual will exhibit a life and service that is in full accord with the Spring Arbor University Concept and Community Covenant.
Experience working in multicultural academic environments preferred and individuals from diverse populations are encouraged to apply.</s> |
<s>[INST] Wehaton Peer Links.txt [/INST] Muhleberg College (see pages 36-42): https://www.muhlenberg.edu/media/contentassets/pdf/about/provost/handbook/faculty-handbook-january-2022.pdf
Haverford College (see pages 35-36: https://www.haverford.edu/sites/default/files/Office/Provost/Faculty-Handbook_December2021.pdf
Hamilton College (see pages 29-31): https://www.hamilton.edu/documents/July2021FacultyHandbook.pdf
Washington and Jefferson College (see pages 44-47): https://wiki.washjeff.edu/display/facstaff/Home
Ursinus College (see pages 8-11): https://www.ursinus.edu/live/files/3287-faculty-handbook-2019-2020
Dickinson College (see pages 4-6 through 4-9): https://www.dickinson.edu/download/downloads/id/5973/chapter_4.pdf
Bates College (see pages 1.9-1.10): https://www.bates.edu/dof/files/2019/03/Complete-Faculty-Handbook-2018-2019.pdf
Trinity College (pages 110-111): https://internet3.trincoll.edu/FacMan/FacultyManual.pdf</s> |
<s>[INST] Wheaton College Bylaws (1st Draft).txt [/INST] </s> |
<s>[INST] Wheaton College Bylaws (1st Working Group Draft).txt [/INST] </s> |
<s>[INST] Wheaton College Bylaws (June Working Draft).txt [/INST] </s> |
<s>[INST] Wheaton College Bylaws - Faculty Draft.txt [/INST] </s> |
<s>[INST] Wheaton College Bylaws - Final Draft (Clean).txt [/INST] </s> |
<s>[INST] Wheaton College Bylaws - Final Draft (Post 5.25 Faculty Meeting).txt [/INST] </s> |
<s>[INST] Wheaton College Bylaws - Final Draft (Post Faculty Meeting).txt [/INST] </s> |
<s>[INST] Wheaton College Bylaws - Final Draft (Tracked).txt [/INST] </s> |