II-10

Hearing Procedures for Employees
with Faculty Rank

 

A.  The Elon University Faculty Bylaws provide (Article VI, Section 3,h ) that:

"Elected members of the council shall serve as a hearing committee, when a hearing is to be held, in cases involving the dismissal or suspension of a faculty member or charges of unprofessional conduct against a faculty member."

 

B.   The academic council has adopted the following procedures for use when it sits as a hearing body for any employee with faculty rank:

1.      The person requesting the hearing (hereinafter referred to as the aggrieved person) may present the grievance and/or he/she may be represented by any other faculty member he/she selects.

2.      Any other person who considers himself/herself to be directly affected by the hearing may apply to the academic council to be made a party. Persons granted such status by the academic council will have the same rights to representation and presentation of evidence as the aggrieved person. The administration, or persons complained against, shall be parties to the hearing.

3.      Parties to the hearing will be afforded opportunity to present written or oral evidence and may call witnesses to present evidence.

4.      During the course of presentation of evidence, members of the hearing body may interject questions as considered necessary.

5.      All sessions shall be open only to parties to the hearing, their representatives, and to witnesses while they are testifying.

6.      After all testimony has been heard, the academic council shall meet in executive session to formulate its recommendations.

7.      In reaching its decision, the academic council will consider only documents, materials and testimony presented in the hearing.

8.      Recommendations of the academic council as to disposition of the case shall be made to the president of the university with a copy of same to each party.

9.      During and after the hearing members of the academic council shall make no comment regarding the case beyond those made in meetings of the council.

C.  Procedures for Dismissal of Tenured Teaching Faculty

1.      Administrative Consultation

When reason arises to question the retention of a teaching faculty member who has tenure, the chair of the department, the dean, and the provost/vice president for academic affairs will discuss the matter with the faculty member. The procedure may be terminated at this point by mutual consent.

      2.   Academic Council

If the issue is not resolved by mutual consent, the faculty member has the right to request a hearing by the academic council. The hearing procedures adopted by the academic council are printed in the above section. The faculty member requesting the hearing may present the grievance and/or may be represented by any other faculty member he/she selects. The faculty member has the right to secure counsel and the right to question witnesses.

Recommendations of the academic council concerning disposition of the case shall be made to the president of the university 

      3.   Board of Trustees

If requested by the faculty member, the president shall take the full report of the academic council to the Board of Trustees stating the council's recommendation, together with the president's own recommendation. The Board may accept the president's recommendation or the recommendation of the council, or the recommendation may be returned to the council for reconsideration.

(8/01)