Special appeal procedures are provided for cases involving the following:

• Complaint of alleged discrimination, unlawful harassment, or violation of the sexual misconduct policy (Section 5.4.1. below);
• Disciplinary sanctions against a tenured faculty member for adequate cause (Section 5.4.2. below);
• Disciplinary sanctions against a non-tenured faculty member for adequate cause (Section 5.4.3. below);
• Termination of a faculty member due to extraordinary circumstances (i.e., financial exigency or academic program discontinuance) (Section 5.4.4. below).

5.4.1. Complaints of Alleged Discrimination or Violation of the Title IX Policy

Complaints that a faculty member has violated a University policy prohibiting discrimination, including but not limited to UT Policy HR0220 – Equal Employment Opportunity, UT Policy HR0280 – Sexual Harassment & Other Discriminatory Conduct, and the Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking (“Title IX Policy”), will be investigated in accordance with the applicable policy. Any disciplinary action taken against a faculty member for violation of the University’s anti- discrimination policies and any appeal of such disciplinary action must be in accordance with Section 5.4.2. (tenured faculty) or Section 5.4.3. (non-tenured faculty) below.

5.4.2. Disciplinary Sanctions Against a Tenured Faculty Member for Adequate Cause

1. Termination for Adequate Cause Based on Unsatisfactory Performance in Teaching, Research, or Service^[1]

The following procedures shall apply to termination of a tenured faculty appointment for unsatisfactory performance in teaching, research, or service (see Appendix B to UT Policy BT0006).

(1) Suspension with Pay or Reassignment Pending Completion of Termination Proceedings

After consultation with the President of the Faculty Senate or the Faculty Senate Executive Committee, the Provost may suspend a faculty member with pay, or change his or her assignment of duties, pending completion of the University’s termination proceedings described in this Section 5.4.2.1. The Provost may combine action under this Section 5.4.2.1.(1) with any other procedures under Section 5.4.2.1.

(2) Tenured Faculty’s Recommendation

The department head shall direct the tenured departmental faculty to consider the faculty member’s performance in teaching, research, and service, and, by an anonymously cast vote taken in accordance with applicable department or college bylaws, to make a recommendation on the question of whether the faculty member’s performance constitutes Adequate Cause for termination. The faculty recommendation shall be advisory to the department head. If an Enhanced Post-Tenure Performance Review (EPPR) has been completed in the preceding four years, the report of the EPPR peer committee shall be provided to the tenured faculty, along with any other evaluative information provided for their review. The faculty member under review shall be provided with a copy of the material provided to the tenured faculty and shall be given a reasonable opportunity to submit responsive written materials before the vote of the tenured faculty.

(3) Department Head’s Recommendation

The department head shall consider the faculty member’s performance in teaching, research, and service, and the recommendation of the tenured departmental faculty, and make a recommendation on the question of whether the performance constitutes Adequate Cause for termination. The department head shall forward his or her recommendation and the reasoning supporting the recommendation to the dean, together with the history of efforts to encourage the faculty member to improve his or her performance and a report of the recommendation of the tenured faculty (including the anonymously cast vote tally) on the question of whether the faculty member’s performance constitutes Adequate Cause for termination.

(4) Dean’s Recommendation

The dean shall consider the faculty member’s performance in teaching, research, and service, and the recommendation of the tenured departmental faculty and department head, and make a recommendation on the question of whether the performance constitutes Adequate Cause for termination. The dean shall forward his or her recommendation and the reasoning supporting the recommendation to the Provost, together with the recommendations of the tenured faculty and the department head.

(5) Decision by the Provost

(a) Review by the Provost

• If the Provost concludes that Adequate Cause for termination may exist, he or she shall call the faculty member to a meeting to discuss the possibility of a mutually satisfactory resolution of the matter.
• If a mutually satisfactory resolution is not achieved within thirty (30) calendar days, the Provost shall ask the Faculty Senate (or appropriate committee or Executive Council of the Faculty Senate) to make a recommendation as to whether Adequate Cause for termination exists. The recommendation of the Faculty Senate, along with supporting reasoning, shall be provided to the Provost within thirty (30) calendar days of the request and shall be advisory to the Provost.
• If the Provost concludes that Adequate Cause does not exist, then the Provost shall provide the faculty member with written notice of the conclusion (with a copy to the dean and the department head), and shall include in the notice any further instructions regarding the matter as may be necessary.

(b) Sanctions Less Than Termination for Adequate Cause

• If the Provost concludes Adequate Cause exists but that a sanction other than termination or suspension without pay should be imposed, then the Provost may impose the lesser sanction. The faculty member may appeal the lesser sanction to the Chancellor, whose decision shall be final and not appealable to the President.
• If the Provost concludes Adequate Cause exists but that the sanction should be suspension without pay rather than termination, the Provost shall employ the procedures set forth in Section 5.4.2.1.(5)(c) below, all as appropriately tailored to reflect that the proposed sanction is suspension without pay rather than termination. If the faculty member wishes to contest the suspension without pay, the procedures shall be those set forth in Section 5.4.2.1.(7) below, all as appropriately tailored to reflect that the proposed sanction is suspension without pay rather than termination.

(c) Termination for Adequate Cause

(i) Notice of Adequate Cause and Opportunity to Respond

Before deciding that the faculty member’s appointment should be terminated for Adequate Cause, the Provost shall give the faculty member written notice, including a statement of the grounds for termination, framed with reasonable particularity, and the opportunity to respond to the stated grounds and the proposed termination in a meeting with the Provost. The faculty member may choose to respond in writing instead of, or in addition to, a meeting with the Provost. Any written response must be submitted to the Provost within ten (10) calendar days of delivery of the written statement of the grounds for termination.

(ii) Notice of Termination

If, after considering any information provided by the faculty member and after consulting with the Chancellor and the President, the Provost concludes that the faculty member’s appointment should be terminated for Adequate Cause, the Provost shall provide written notice of termination to the faculty member (1) providing a statement of the grounds for termination, framed with reasonable particularity, and the date on which the termination will become effective unless the faculty member elects to contest the termination in a pre-termination hearing before a hearing tribunal (as provided under Section 5.4.2.1.(7)(a) below); (2) providing notice of the faculty member’s right to contest the proposed termination in a pre-termination hearing before a tribunal, as described under Section 5.4.2.1.(7)(a) below, or in a post-termination hearing conducted under the provisions of the Uniform Administrative Procedures Act; and (3) providing notice that the faculty member has fifteen (15) calendar days after receipt of the written notice to elect in writing to contest the termination and to elect in writing the form of hearing. Selection of one type of hearing waives the opportunity to contest the termination through the other type of hearing. The Provost shall send a copy of the written notice to the Faculty Senate at the same time.

(6) Failure to Contest Termination

If the faculty member does not contest the charge(s) in writing and make the required hearing election within fifteen (15) calendar days after receipt of the written notice described in Section 5.4.2.1.(5)(c)(ii) above, the faculty member shall be terminated, and no appeal of the matter will be heard within the University.

(7) Options to Contest Termination

The rights provided in this Section 5.4.2.1.(7) are in lieu of any other rights of grievance or appeal in this Handbook or any appeal to the President.

(a) Pre-Termination Hearing before a Tribunal and Final Decision by the Chancellor

If the faculty member makes a timely election to contest the charge(s) through a hearing by a University tribunal, the faculty member must confirm in writing the decision to waive the right to a hearing under the Uniform Administrative Procedures Act, and the Chancellor shall ask the Faculty Senate, or a designated committee of the Faculty Senate, to appoint a tribunal within fifteen (15) calendar days and shall notify the faculty member of this action. The matter then shall proceed in accordance with the tribunal procedures described under this Section 5.4.2.1.(7)(a), with the faculty member’s termination stayed pending the conclusion of these procedures.

(i) Composition of the Tribunal

The University tribunal shall consist of members of the faculty and the administration. Either the Chancellor or the faculty member may challenge the appointment of a tribunal member on the ground of bias or conflict of interest. A challenge shall be judged by the Faculty Senate, or a designated committee of the Faculty Senate, whose decision on the challenge shall be final and not subject to appeal.

(ii) Notice of hearing

The Chancellor shall give the faculty member written notice of the hearing date at least thirty (30) calendar days in advance. The Chancellor shall issue a scheduling order to ensure that the tribunal’s written findings, reasoning, and conclusions are submitted to the Chancellor within one hundred twenty (120) calendar days from the date the faculty member has been provided with written notice of termination under Section 5.4.2.1.(5)(c)(ii) above. A scheduling order shall not be modified except by leave of the Chancellor upon a showing of good cause.

(iii) Representation

If the University intends to be represented by legal counsel, the written notice of the hearing date shall so advise the faculty member. The written notice shall also state the faculty member’s right to be represented by legal counsel or other representative of his or her choice. If the faculty member intends to be represented by legal counsel, he or she must notify the tribunal chairperson within ten (10) calendar days of receipt of the written notice of the hearing date. If the faculty member fails to give timely notice of legal representation, the hearing date shall be postponed at the University’s request.

(iv) Waiver of Hearing

If, at any time prior to the hearing date, the faculty member decides to waive his or her right to a hearing and respond to the charges only in writing, the tribunal shall proceed to evaluate all available evidence and rest its recommendation upon the evidence in the record.

(v) Pre-Hearing Preparation

The faculty member and the University shall have a reasonable opportunity prior to the hearing to obtain witnesses, specific documents, or other specific evidence reasonably related to the charge(s).

(vi) Evidence

The tribunal is not bound by legal rules of evidence and may admit any evidence of probative value in determining the issues. The tribunal shall make every reasonable effort, however, to base its recommendation on the most reliable evidence. If the charge is “failure to demonstrate professional competence in teaching, research, or service,” the evidence shall include the testimony of qualified faculty members from UTC and/or other comparable institutions of higher education.

(vii) Confrontation and Cross-Examination of Witnesses

The faculty member and the University shall have the right to confront and cross- examine all witnesses. If a witness cannot or will not appear, but the tribunal determines that his or her testimony is necessary to a fair adjudication of the charge(s), the tribunal may admit as evidence the sworn affidavit of the witness. In that event, the tribunal shall disclose the affidavit to both parties and allow both parties to submit written interrogatories to the witness.

(viii) Adjournments

The tribunal shall grant adjournments to allow either party to investigate evidence to which a valid claim of surprise is made. The tribunal may grant one such adjournment for a period of no more than five (5) calendar days. If the tribunal wishes to grant an adjournment for more than five (5) calendar days, or wishes to grant more than one adjournment, the tribunal shall notify the Chancellor of the proposed adjournment, provide an explanation of the need for the adjournment, and provide a recommendation regarding the length of the adjournment. If the Chancellor concurs in the tribunal’s recommendation that an adjournment be granted, the Chancellor shall give the faculty member written notice of the date on which the hearing will resume.

(ix) Burden of Proof

The burden of proof that Adequate Cause exists rests with the University and shall be satisfied only by clear and convincing evidence in the record considered as a whole.

(x) Findings and Conclusions

The tribunal shall make written findings and conclusions and shall provide a copy to the faculty member at the time of submission to the Chancellor.

1. If the tribunal concludes Adequate Cause for termination has not been established, it shall so report to the Chancellor, with supporting reasons. In the case of a split decision, a minority report should be included.
2. If the tribunal concludes Adequate Cause for termination has been established but that a sanction other than termination should be imposed, it shall so recommend to the Chancellor, with supporting reasons. In the case of a split decision, a minority report should be included.
3. If the tribunal concludes Adequate Cause for termination has been established and that termination is the appropriate sanction, it shall so report to the Chancellor, with supporting reasons. In the case of a split decision, a minority report should be included.

(xi) Transcript of the Hearing

A verbatim record of the hearing shall be made, and a transcript shall be provided to the faculty member and the Chancellor at the time of the tribunal’s submission of its findings, reasoning, and conclusions.

(xii) Final Decision by the Chancellor

Upon receipt of the tribunal’s findings, reasoning, and conclusions, the Chancellor shall provide an opportunity for written argument by the parties and may provide the parties an opportunity to present oral argument. After considering the tribunal’s findings, reasoning, and conclusions and any arguments of the parties, the Chancellor will determine whether Adequate Cause has been established and whether termination is the appropriate sanction.

If the Chancellor concludes that Adequate Cause has not been established, the Chancellor shall provide the faculty member with written notice of the conclusion (with a copy to the tribunal, Provost, dean, and department head), and shall include in the notice any further instructions regarding the matter as may be necessary.

If the Chancellor concludes that Adequate Cause has been established but that a sanction other than termination should be imposed, including without limitation suspension without pay, the Chancellor may impose the lesser sanction by written notice to the faculty member (with a copy to the tribunal, Provost, dean, and department head). The notice shall include the date on which the sanction will become effective. The decision of the Chancellor shall be final and not appealable to the President.

If the Chancellor concludes that Adequate Cause has been established and that termination is the appropriate sanction, the Chancellor shall provide the faculty member with a written notice of termination stating the grounds for termination (with a copy to the tribunal, Provost, dean, and department head). The notice of termination may include or adopt the written findings and conclusions of the tribunal if applicable to the Chancellor’s decision. The notice shall include the date on which termination will become effective. The decision of the Chancellor shall be final and not appealable to the President.

(b) Post-Termination Hearing and Final Decision under the Uniform Administrative Procedures Act

(i) Contested Case Procedures

If the faculty member makes a timely election to contest the charge(s) under the Uniform Administrative Procedures Act (UAPA), the Chancellor shall appoint an administrative judge, the faculty member’s employment will be terminated on the date specified in the notice provided under Section 5.4.2.1.(5)(c)(ii) above, and the matter shall proceed post-termination in accordance with the contested case procedures promulgated by the University under the UAPA. The UAPA contested case procedures are published in the Compiled Rules and Regulations of the State of Tennessee (Tenn. Comp. R. & Regs. § 1720-01-05-.01 et seq.).

(ii) Initial Order

In accordance with the UAPA contested case procedures, upon completion of the hearing, the administrative judge shall render an initial order, which either party may appeal to the Chancellor within fifteen (15) calendar days. In addition, the Chancellor, on his or her own motion, may elect within fifteen (15) calendar days to review the administrative judge’s initial order.

(iii) Final Order

The administrative judge’s initial order shall become the final order unless review is sought by either party or the Chancellor within the fifteen-day period. If review is sought, the Chancellor shall review the initial order and issue a final order in accordance with applicable provisions of the UAPA contested case procedures. The final order, whether rendered by the Chancellor or by virtue of neither party appealing the initial order, shall be the final decision on the charge(s) within the University. If the University’s final order is favorable to the faculty member and concludes that the faculty member’s employment should not have been terminated for Adequate Cause, then full restitution of salary, academic position and tenure lost during the termination will be made.

(iv) Judicial Review

If the final order is unfavorable to the faculty member, he or she is entitled to judicial review of the final order in accordance with applicable provisions of the UAPA.

2. Termination for Adequate Cause Based on Misconduct^[2]

The following procedures shall apply to termination of a tenured faculty appointment, or termination of a tenure-track appointment before expiration of the annual term, for misconduct within the definition of Adequate Cause (see Appendix C to UT Policy BT0006).

(1) Suspension or Reassignment Pending Completion of Termination Proceedings

The Provost may combine action under this Section 5.4.2.2.(1) with any other procedures in Section 5.4.2.2.

(a) Suspension with Pay or Reassignment of Duties

After consultation with the President of the Faculty Senate or the Faculty Senate Executive Committee, the Provost may suspend a faculty member with pay, or change his or her assignment of duties, pending completion of the University’s termination proceedings described in this Section 5.4.2.2.

(b) Suspension without Pay

After consultation with the Chancellor, the President, and the President of the Faculty Senate or the Faculty Senate Executive Committee, the Provost may suspend a faculty member without pay pending completion of termination proceedings only for the following types of alleged misconduct and only in accordance with the procedures outlined in Section 5.4.2.5. below entitled “Expedited Procedure for Termination or Suspension Without Pay in Certain Cases of Misconduct:”

• alleged misconduct involving: (1) acts or credible threats of harm to a person or University property; or (2) theft or misappropriation of University funds, property, services, or other resources; or
• indictment by a state or federal grand jury, or arrest and charge pursuant to state or federal criminal procedure, for: (1) a felony; or (2) a non-felony directly related to the fitness of a faculty member to engage in teaching, research, service, or administration.

If the University’s final determination after either a UAPA proceeding or an ad hoc hearing committee proceeding is favorable to the faculty member and concludes both that the faculty member’s employment should not be terminated for Adequate Cause and that the faculty member should not have been suspended without pay pending completion of termination proceedings, then full restitution of salary, academic position and tenure lost during the suspension without pay will be made.

(2) Consultation with Tenured Faculty

The department head shall consult with the departmental tenured faculty before making a recommendation regarding whether a faculty member’s alleged misconduct constitutes Adequate Cause for termination.

(3) Department Head’s Recommendation

If the department head concludes that a faculty member’s alleged misconduct constitutes Adequate Cause for termination, he or she shall forward a recommendation and the reasoning supporting the recommendation to the dean. The recommendation shall include a report of the department head’s consultation with the tenured faculty.

(4) Dean’s Recommendation

If the dean concludes that a faculty member’s alleged misconduct constitutes Adequate Cause for termination, he or she shall forward a recommendation and the reasoning supporting the recommendation to the Provost.

(5) Decision by the Provost

(a) Review by the Provost

• If the Provost concludes that Adequate Cause for termination may exist, he or she shall call the faculty member to a meeting to discuss the possibility of a mutually satisfactory resolution of the matter.
• If the Provost concludes that Adequate Cause does not exist, the Provost shall provide the faculty member with written notice of the conclusion (with a copy to the dean and the department head), and shall include in the notice any further instructions regarding the matter as may be necessary.

(b) Sanctions Less than Termination for Adequate Cause

• If the Provost concludes that Adequate Cause exists but that a sanction other than termination or suspension without pay should be imposed, the Provost may impose the lesser sanction. The faculty member may appeal the lesser sanction to the Chancellor, whose decision shall be final and not appealable to the President.
• If the Provost concludes that Adequate Cause exists but that the sanction should be suspension without pay rather than termination, the Provost shall employ the procedures set forth in Section 5.4.2.2.(5)(c) below, all as appropriately tailored to reflect the proposed sanction is suspension without pay rather than termination. If the faculty member wishes to contest the suspension without pay, the procedure shall be those set forth in Section 5.4.2.2.(7) below, all as appropriately tailored to reflect that the proposed sanction is suspension without pay rather than termination.

(c) Termination for Adequate Cause

(i) Notice of Adequate Cause and Opportunity to Respond

Before deciding that the faculty member’s appointment should be terminated for Adequate Cause, the Provost shall give the faculty member written notice, including a statement of the grounds for termination, framed with reasonable particularity, and the opportunity to respond to the stated grounds and the proposed termination in a meeting with the Provost. The faculty member may choose to respond in writing instead of, or in addition to, a meeting with the Provost. Any written response must be submitted to the Provost within ten (10) calendar days of delivery of the written statement of the grounds for termination.

(ii) Notice of Termination

If, after considering any information provided by the faculty member and after consulting with the Chancellor and the President, the Provost concludes that the faculty member’s appointment should be terminated for Adequate Cause, the Provost shall provide written notice of termination to the faculty member (1) providing a statement of the grounds for termination, framed with reasonable particularity, and the date on which the termination will become effective unless the faculty member elects to contest the termination in a pre-termination hearing before an ad hoc committee (as provided under Section 5.4.2.2.(7)(a) below); (2) providing notice of the faculty member’s right to contest the proposed termination in a pre-termination hearing before an ad hoc committee, as described under Section 5.4.2.2.(7)(a) below, or in a post-termination hearing conducted under the provisions of the Uniform Administrative Procedures Act; and (3) providing notice that the faculty member has fifteen (15) calendar days after receipt of the written notice to elect in writing to contest the termination. Selection of one type of hearing waives the opportunity to contest the termination through the other type of hearing. The Provost shall send a copy of the written notice to the Faculty Senate at the same time.

(6) Failure to Contest

If the faculty member does not contest the charge(s) of misconduct in writing within fifteen

(15) calendar days after receipt of the written notice described in Section 5.4.2.2.(5)(c)(ii) above, the faculty member shall be terminated, and no appeal of the matter will be heard within the University.

(7) Options to Contest the Termination

The rights provided in this Section 5.4.2.2.(7) are in lieu of any other rights of grievance or appeal in this Handbook or any appeal to the President.

1. Pre-Termination Hearing before an Ad Hoc Committee and Final Decision by the Chancellor

If the faculty member contests the charge(s) of misconduct but elects to waive his or her right to formal hearing under the contested case procedures of the UAPA, the faculty member must confirm in writing the decision to waive the right to a hearing under the UAPA, and the Chancellor shall appoint an ad hoc hearing committee to conduct an informal hearing on the charges, with the faculty member’s termination stayed pending the conclusion of the procedures set forth in this Section 5.4.2.2.(7)(a).

(i) Notice of Hearing

The Chancellor shall give the faculty member written notice of the hearing date at least thirty (30) calendar days in advance. The Chancellor shall issue a scheduling order to ensure that the hearing committee’s written findings, reasoning, and conclusions are submitted to the Chancellor within one hundred twenty (120) calendar days from the date the faculty member has been provided with written notice of termination under Section 5.4.2.2.(5)(c)(ii) above. A scheduling order shall not be modified except by leave of the Chancellor upon a showing of good cause.

(ii) Legal Counsel

The faculty member may be represented before the hearing committee by legal counsel or other representative of his or her choice. If the faculty member intends to be represented by legal counsel, he or she must notify the committee chairperson within ten (10) calendar days of receipt of the written notice of the hearing date. If the faculty member fails to give timely notice of legal representation, then the hearing date shall be postponed at the University’s request.

(iii) Adjournments

The hearing committee shall grant adjournments to allow either party to investigate evidence to which a valid claim of surprise is made. The hearing committee may grant one such adjournment for a period of no more than five (5) calendar days. If the hearing committee wishes to grant an adjournment for more than five (5) calendar days, or wishes to grant more than one adjournment, the hearing committee shall notify the Chancellor of the proposed adjournment, provide an explanation of the need for the adjournment, and provide a recommendation regarding the length of the adjournment. If the Chancellor concurs in the hearing committee’s recommendation that an adjournment be granted, the Chancellor shall give the faculty member written notice of the date on which the hearing will resume.

(iv) Written Report

The hearing committee shall make a written report of its findings, reasoning, and conclusions to the Chancellor. In the case of a split decision, a minority report should be included.

(v) Final Decision by the Chancellor

Upon receipt of the hearing committee’s findings, reasoning, and conclusions, the Chancellor shall provide the opportunity for written argument by the parties and may provide the parties an opportunity to present oral argument. After considering the hearing committee’s findings, reasoning, and conclusions and any arguments of the parties, the Chancellor will determine whether Adequate Cause has been established and whether termination is the appropriate sanction.

If the Chancellor concludes that Adequate Cause has not been established, the Chancellor shall provide the faculty member with written notice of the conclusion (with a copy to the hearing committee, Provost, dean, and department head), and shall include in the notice any further instructions regarding the matter as may be necessary.

If the Chancellor concludes that Adequate Cause has been established but that a sanction other than termination should be imposed, including without limitation suspension without pay, the Chancellor may impose the lesser sanction by written notice to the faculty member (with a copy to the hearing committee, Provost, dean, and department head). The notice shall include the date on which the sanction will become effective. The decision of the Chancellor shall be final and not appealable to the President.

If the Chancellor concludes that Adequate Cause has been established and that termination is the appropriate sanction, the Chancellor shall provide the faculty member with a written notice of termination stating the grounds for termination (with a copy to the hearing committee, Provost, dean, and department head). The notice of termination may include or adopt the written findings, reasoning, and conclusions of the hearing committee if applicable to the Chancellor’s decision. The notice shall include the date on which termination will become effective. The decision of the Chancellor shall be final and not appealable to the President.

2. Post-Termination Hearing and Final Decision under the Uniform Administrative Procedures Act

(i) Contested Case Procedures

If the faculty member makes a timely election to contest the charge(s) under the Uniform Administrative Procedures Act (UAPA), the Chancellor shall appoint an administrative judge, the faculty member’s employment will be terminated on the date specified in the notice provided under Section 5.4.2.2.(5)(c)(ii) above, and the matter shall proceed post-termination in accordance with the contested case procedures promulgated by the University under the UAPA. The UAPA contested case procedures are published in the Compiled Rules and Regulations of the State of Tennessee (Tenn. Comp. R. & Regs. § 1720-01-05-.01 et seq.).

(ii) Initial Order

In accordance with the UAPA contested case procedures, upon completion of the hearing, the administrative judge shall render an initial order, which either party may appeal to the Chancellor within fifteen (15) calendar days. In addition, the Chancellor, on his or her own motion, may elect within fifteen (15) calendar days to review the administrative judge’s initial order.

(iii) Final Order

The administrative judge’s initial order shall become the final order unless review is sought by either party or the Chancellor within the fifteen-day period. If review is sought, the Chancellor shall review the initial order and issue a final order in accordance with applicable provisions of the UAPA contested case procedures. The final order, whether rendered by the Chancellor or by virtue of neither party appealing the initial order, shall be the final decision on the charge(s) within the University. If the University’s final order is favorable to the faculty member and concludes that the faculty member’s employment should not have been terminated for Adequate Cause, then full restitution of salary, academic position and tenure lost during the termination will be made.

(iv) Judicial Review

If the final order is unfavorable to the faculty member, he or she is entitled to judicial review of the final order in accordance with applicable provisions of the UAPA.

3. Disciplinary Suspension Without Pay for Adequate Cause^[3]

Suspension without pay may be imposed as a disciplinary sanction against a tenured faculty member for (1) unsatisfactory performance in teaching, research, or service within the definition of Adequate Cause or (2) misconduct within the definition of Adequate Cause.

If the proposed sanction is suspension without pay for a definite term (no more than one year), the procedures applicable to termination as described in Section 5.4.2.1. and Section 5.4.2.2. above (as applicable and as tailored to reflect that the proposed sanction is suspension without pay rather than termination) shall be offered in connection with the suspension.

4. Other Disciplinary Sanctions for Adequate Cause^[4]

Disciplinary sanctions that do not involve termination or suspension without pay may be imposed against a tenured faculty member for (1) unsatisfactory performance in teaching, research, or service within the definition of Adequate Cause or (2) misconduct within the definition of Adequate Cause.

If the proposed sanction does not involve termination or suspension without pay, the following steps will be followed before the sanction is issued:

1. The department head shall make a recommendation to the dean.
2. The dean shall make a recommendation to the Provost.
3. The Provost shall give the faculty member written notice of the proposed sanction and the supporting reason(s) and shall offer him or her an opportunity to respond both in writing and in person.

The faculty member may appeal the proposed sanction through the administrative channel appeal procedure under Section 5.3. above, except that a decision by the Chancellor on appeal will be the final decision for the University and not appealable to the President. The sanction shall be held in abeyance until conclusion of the appeal.

5. Expedited Procedure for Termination (or Suspension Without Pay) in Certain Cases of Misconduct

(1) Grounds for Termination or Suspension Without Pay

In the following cases of alleged misconduct by a tenured faculty member, the Provost, after consulting with the Chancellor, the President, and the President of the Faculty Senate or the Faculty Senate Executive Committee, may invoke an expedited procedure to accomplish termination or suspension without pay, with comprehensive due process procedures to be offered after termination or suspension without pay:

1. alleged misconduct (i) involving acts or credible threats of harm to a person or University property, including without limitation, sexual harassment or other sexual misconduct; or (ii) theft or misappropriation of University funds, property, services, or other resources; or
2. indictment by a state or federal grand jury, or arrest and charge pursuant to state or federal criminal procedure, for: (i) a felony; or (ii) a non-felony directly related to the fitness of a faculty member to engage in teaching, research, service, or administration.

(2) Procedures Required Before Expedited Termination or Suspension Without Pay

Under the expedited procedure, the faculty member shall be offered the following process before termination or suspension without pay:

1. notice of the charges;
2. an explanation of the evidence; and
3. an informal opportunity to refute the charges in a meeting with the Provost.

(3) Procedures Required After Expedited Termination or Suspension Without Pay

After termination or suspension without pay, the faculty member shall be offered the full range of due process options in other Adequate Cause proceedings under Section 5.4.2.1. (unsatisfactory performance) and Section 5.4.2.2. (misconduct) above, except that the termination or suspension without pay shall not be stayed pending the outcome of an ad hoc hearing committee if the faculty member elects that method of contesting the action. If the University’s final determination after either a UAPA proceeding or an ad hoc hearing committee proceeding is favorable to the faculty member and concludes that the faculty member should not have been suspended without pay or that the faculty member’s employment should not have been/should not be terminated for Adequate Cause, then full restitution of salary, academic position and tenure lost during the suspension without pay or termination will be made.

5.4.3. Disciplinary Sanctions Against a Non-Tenured Faculty Member for Adequate Cause

A non-tenured faculty member’s employment may be terminated before the end of the faculty member’s stipulated appointment term only with the approval of the Chancellor and only for Adequate Cause.

A tenure-track faculty member’s employment may be terminated at the end of the faculty member’s stipulated appointment term without the required minimum advance notice of non-reappointment,^[5] only with the approval of the Chancellor and only for Adequate Cause.

The following steps and procedures shall apply to disciplinary sanctions against a non-tenured faculty member.

1. Termination for Adequate Cause Based on Unsatisfactory Performance in Teaching, Research, or Service

The steps and procedures detailed in Section 5.4.2.1. above will be followed for the termination of a non-tenured faculty member for unsatisfactory performance within the definition of Adequate Cause before the end of the faculty member’s stipulated appointment term. The same steps and procedures will be followed for the termination of a tenure-track faculty member for unsatisfactory performance within the definition of Adequate Cause at the end of the faculty member’s stipulated appointment term without the required minimum advance notice of non-reappointment.

2. Termination for Adequate Cause Based on Misconduct

The steps and procedures detailed in Section 5.4.2.2. above will be followed for termination of a non-tenured faculty member for misconduct within the definition of Adequate Cause before the end of the faculty member’s stipulated appointment term. The same steps and procedures will be followed for the termination of a tenure-track faculty member for misconduct within the definition of Adequate Cause at the end of the faculty member’s stipulated appointment term without the required minimum advance notice of non-reappointment.

3. Disciplinary Suspension Without Pay for Adequate Cause

The steps and procedures detailed in Section 5.4.2.3. above will be followed for disciplinary suspension without pay of a non-tenured faculty member during the faculty member’s stipulated appointment term.

4. Other Disciplinary Sanctions for Adequate Cause

The steps and procedures detailed in Section 5.4.2.4. above will be followed for disciplinary sanctions of a non-tenured faculty member during the faculty member’s stipulated appointment term which do not involve termination or suspension without pay.

5.4.4. Termination Due to Extraordinary Circumstances (i.e., Financial Exigency or Academic Program Discontinuance)

In the event of the termination of a faculty member due to financial exigency or academic program discontinuation, the faculty member may appeal the decision in writing to the Provost within ten (10) calendar days after receipt of the notice of termination.

Upon receipt of the appeal, the Provost shall convene a Faculty Hearing Committee which shall consist of the Provost, the faculty member’s dean and five faculty members elected by the Faculty Senate. The Provost shall chair the Hearing Committee. The Hearing Committee shall ensure a prompt and expeditious hearing that is fair and unbiased although procedural requirements of formal adjudication shall not be required. The Hearing Committee shall evaluate whether established procedures were followed and appropriate criteria applied in arriving at the decision to terminate. The Hearing Committee shall not review the decision concerning the discontinuance of an academic program, the declaration of the financial exigency, or the decisions that led to necessary funding reductions. A recommendation will be sent from the Hearing Committee to the Chancellor to uphold or reverse the action of termination. The Chancellor will make a final decision and notify the faculty member of the decision in writing. The Chancellor’s decision may be appealed to the Board.^[6]