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(VII.) REMOVAL FROM THE FACULTY

  1. General:

    A Faculty member may be removed from the Faculty before the end of the period of appointment only for cause or for institutional considerations as specified below. It is understood that cause shall not be so interpreted as to impair academic freedom.

  2. Removal for Cause:

    1. A charge or complaint against a member of the Faculty which could result in removal before the end of the period of appointment may be brought by the President of the College, the Dean, the department through its Chair, or a member of the Board of Trustees. Such complaints shall be presented in writing to the Committee on Tenure and Promotion.

    2. The President shall first discuss the charges with the Faculty member concerned. The matter may be terminated by mutual consent at this point. If a resolution of it does not result, the procedures listed below shall be followed.

    3. The Faculty member may ask the President to submit the case to the Committee on Tenure and Promotion, which shall conduct a hearing during which the individual and a representative of that individual shall be present. Minutes of the hearing shall be taken. When the charge is incompetence the evidence shall include the opinions of qualified teachers and scholars of the College or other institutions.

    4. If the Committee on Tenure and Promotion finds for the individual under complaint, the case is closed. If the Committee on Tenure and Promotion supports the complaint and recommends removal, the individual may bring the case to the Committee on Grievance on grounds of improper procedure but not on substantive grounds unless the case involves academic freedom.

    5. If the Committee on Grievance rules in favor of the individual, the Committee may require reconsideration of the case in accordance with Section 31 of the Faculty Code.

      If upon reconsideration the Committee on Tenure and Promotion still finds against the accused, the individual may ask for consideration by the Board of Trustees.

    6. If consideration by the Board of Trustees (the option listed in (e) above) is selected by the individual, a hearing on the case shall be held by a Trustee committee appointed for the purpose, before which the individual and counsel shall have full opportunity to present evidence in refutation of the charges. If requested, a stenographic record of the hearings shall be made available to the parties concerned.

      If the original complaint was brought by a member of the Board of Trustees that member shall be disqualified from the committee hearing the case.

    7. The committee of the Board of Trustees reports to the full Board. If the Board finds against the accused the case is closed.

    8. If the individual under complaint wishes to bring counsel to any hearing he or she shall be free to do so. In such cases, the College shall also have counsel present.

    9. In any case involving removal before the end of the period of appointment from the Faculty it shall be left to the discretion of the President if and when a joint meeting of the Committee on Tenure and Promotion and the Executive Committee of the Board of Trustees is in order.

  3. Removal for Institutional Considerations:

    1. If termination of appointment, temporary or permanent, is based upon discontinuance of a program or department because of financial exigency, the Faculty member shall be given notice as soon as possible. If it is not possible to give at least twelve month's notice, the Faculty member shall be given severance pay for one academic year.

    2. Before terminating an appointment for these reasons, the College shall attempt to place affected Faculty members in other suitable positions at the College, and, if this is not possible, shall assist the individual in seeking a position elsewhere.

    3. If an appointment is terminated before the end of the period of appointment because of financial exigency or the discontinuance of a program or department, the released Faculty member's place will not be filled by a replacement within a period of two years unless the released Faculty member has been offered reappointment and a reasonable time within which to accept or decline it.
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