MICHIGAN
TECHNOLOGICAL
UNIVERSITY
The Senate of Michigan Technological
University
═════════════════════════════════════════════════════════════════════════════════
PROPOSAL 21‑95
(Voting Units: Academic
Degree-Granting Departments)
SEPARATION POLICY
RETIREMENT,
RESIGNATION, NON-REAPPOINTMENT
Retirement
There is no mandatory
retirement age. In order to qualify
for the Michigan Technological University Retirement Medical Benefit Plan or
Retirement Severance Pay Plan, the employee must have accumulated 80
points which is age plus years of full-time service at Michigan
Technological University or age 65 with 10 years of full-time
service. These programs are
subject to change at any time by Michigan Technological University's Board of
Control.
Application for the
retirement plan programs must be made with the Benefits Office three months in
advance. Copies of both programs
are available through the Benefits Office in the Human Resource
Department.
Michigan
Technological University does permit departments and schools to offer eligible
faculty the option of a Retirement Furlough if the eligibility requirements are
met. The Optional Retirement
Furlough may be taken the last year preceding retirement during which time the
faculty member is relieved of normal responsibilities in his/her field of
interest. This is a pilot program
to be reassessed for continuation in the Fall of 1996. The election to participate in the
Optional Retirement Furlough program is irrevocable.
Resignation
Faculty members are
expected to complete the academic year unless the appointment is for a shorter
time or arrangements with department chair or with appropriate administrative
channels have been made. Written
notice of resignation should be given at the earliest possible opportunity to
the appropriate chair.
Unless otherwise
mutually agreed, a faculty member who terminates service without giving due
notice or fails to complete an academic year or other term for which he or she
may have been employed, except under extraordinary circumstances, is regarded as
having broken the terms of the contract of employment with the
University.
Non-Reappointment
1. Temporary/restricted - In cases of
faculty members on temporary or restricted appointments for which there is no
indicated opportunity for reappointment, the letter of appointment also serves
as notice of termination of employment.
2. Probation - Faculty with probationary
term appointments should make no presumption of reappointment, including
reappointment with tenure.
Non-reappointment may be determined by the department head or chair in
consultation with the dean and with the advice of a departmental personnel
committee or faculty development committee. The decision may stem from many factors,
such as less than meritorious service, modification of programmatic emphasis or
enrollment trends. Should the
specification of the reason (for non-reappointment) be helpful to the faculty
member's record, the faculty member may request that it be supplied in
writing.
Faculty members on
probationary term appointments that will not be renewed are given notice of
non-reappointment twelve months before the end of the employment year (May 15
for academic appointments).
Termination for
Cause
Termination refers to
the involuntary cessation of employment of a tenured or continued-appointment
faculty member or of a faculty member on a fixed-term appointment prior to the
end of the term. Termination for
adequate cause is related directly and substantially to the fitness of faculty
members in their professional capacity as teachers, researchers, and
scholars. Dismissal cannot be used
to restrain faculty members in their exercise of academic freedom or to restrain
them from any rights enjoyed by citizens of the United
States.
Reason for dismissal
for adequate cause can include, but are not restricted to:
1.
flagrant violation of professional ethics
2.
willful failure to carry out professional obligations or assigned
responsibilities
3.
falsification of information relating to professional
qualifications
4.
violations of law constituting a felony
SEPARATION
PROCEDURES: DUE PROCESS FOR
DISMISSAL WITH CAUSE (Faculty on probation or with tenure)
A. Preliminary Proceedings
1. When reasons arise to
question the fitness of a faculty member who is tenured or is tenure track and whose term appointment has not expired,
discussions among the faculty member, the department chair/head*, the dean and
the Executive Vice President/Provost will take place in personal
conference. The matter may be
mutually and satisfactorily settled at that point.
2. If a mutually satisfactory
settlement is not achieved the matter shall be informally investigated by a
standing committee appointed by the Senate. Membership of this committee is not
restricted to Senators. This
committee shall attempt to effect an adjustment, but if this is not possible the
committee will determine whether or not, in its view, formal proceedings to
dismiss the faculty member should be instituted. If the committee recommends such a
course of action, the procedures stipulated in Section B. below shall be
followed.
3. If the committee does not
recommend that formal dismissal proceedings be initiated, the President may
still proceed with such a course, again following the
procedures
of Section
B.
4. Before formal proceedings are
initiated, a statement, with reasonable particulars of the grounds proposed for
dismissal should be formulated jointly by the President and the faculty
committee (if they are in agreement) or by the President and his/her
representatives (if the President initiates proceedings in disagreement with the
recommendation of the faculty committee).
B. Commencement of Formal
Proceedings.
1. The President shall
communicate to the faculty member in writing the intention to dismiss, including
in this communication particulars of the charges as described in A4. In addition, the letter shall remind the
faculty member that he/she has a right to a formal hearing and that the faculty
member should inform the President - within ten days of the receipt of the
letter - if he/she chooses to exercise this right.
* If there is no department chair or
head, replace with Dean.
2. If the faculty member desires
to go ahead with a formal hearing by the Committee on Academic Tenure, he/she
must inform the President in writing.
In addition, the faculty member should answer in writing the President's
statements, such a reply to be received not less than one week prior to
commencement of formal proceedings.
The President shall set the date for such a hearing with the Committee on
Academic Tenure, taking into account the time needed by the faculty member to
prepare the reply noted above; in any event, a minimum of ten days subsequent to
receipt by the President of the faculty member's letter requesting formal
proceedings.
C.
Suspension of the Faculty Member
Suspension of the faculty member
during the proceedings is justified only if immediate harm to the faculty member
or others is threatened by the faculty member's
continuance.
D.
The Committee Proceedings
1. The Committee on Academic
Tenure will proceed by first considering the statement of grounds for dismissal
already formulated and the faculty member's response written before the time of
the hearing.
2. The committee may also hold
joint pre-hearing meetings with both parties to simplify the issues, effect
stipulations of facts, provide for the exchange of documentation or other
information, and achieve such other appropriate pre-hearing objectives to make the hearing fair and
expeditious.
3. The faculty member may waive
his/her rights to appear at the hearing, instead choosing to respond to the
charges in writing. In such a case,
the committee will evaluate all available evidence and rest its recommendation
on the evidence in record.
4. The committee, in
consultation with President and the faculty member, will exercise its judgement
as to whether the hearing should be public or private. However, all proceedings of the hearing
shall be recorded.
5. If the faculty member
exercises his/her right to attend the hearing, the faculty member also has the
option of assistance by counsel.
The President, too, has the option of attendance at the hearing and may
designate appropriate representatives in developing the
case.
6. The committee will determine
the hearing format and should normally conduct the questioning of
witnesses. However, the faculty
member or his/her counsel and the President and his/her representatives have the
right to question all witnesses as determined by the committee. Unless special circumstances warrant, it
will not be necessary to follow formal rules of court
procedures.
E. Committee Considerations
1. The committee should reach
its decision in conference, on the basis of the hearings. In doing so, it will recognize that the
burden of proof that adequate cause exists rests with the
institution.
2. The committee should make
explicit finding with respect to each of the grounds of removal presented, and a
reasoned opinion may be desirable.
The President and the faculty member will be notified of the decision in
writing and will be provided with a copy of the record of the
hearing.
3. If the committee concludes
that adequate cause for dismissal has not been established, it will so report to
the President. In such a case, the
committee may recommend sanctions short of outright dismissal or may recommend
no sanctions. If the President
rejects such a recommendation(s), the committee and the faculty member will be
so informed in writing, with reasons, and each will be given an opportunity to
respond.
4. If the President decides to
impose dismissal or other severe
sanction, whether or not that is the recommendation of the committee, the
faculty member may request that the full record of the case be submitted to the
Board of Control (or a duly constituted subcommittee of the Board) for further
consideration, as described in Section F.
F. Considerations by the Board of
Control
1. Final decision rests with the
Board of Control. The President
will transmit to the Board of Control the full report of the committee with
his/her recommendation. If either
or both of the committee and the President recommend termination, the faculty
member shall be provided the opportunity to make a final statement to the Board
prior to the decision by the Board of Control.
2. The Board of Control may
choose to ratify the President's recommendation if the President and committee
are in agreement. If they are not,
the committee has the right, through its chair, to initiate discussion of the
matter with the Board of Control, or it duly constituted subcommittee. If the committee exercises this option,
it is expected that the Board of Control will not act on the President's
recommendation until such time as the committee has made its
presentation.
SEPARATION PROCEDURES: DUE PROCESS FOR DISMISSAL WITH CAUSE
(Faculty on temporary/restricted appointments)
1. When reasons arise to
question the fitness of a faculty member who has a temporary/restricted
appointment, discussions among the faculty member and the department chair (or
dean) will take place in personal conference. The matter may be mutually and
satisfactorily settled at that point.
2. If, after a thorough
investigation, a dismissal is warranted, the department chair (or dean) shall
communicate to the faculty member in writing the intention to dismiss, including
in the communication particulars of the charges. The right to utilize the faculty
grievance policy and procedures shall also be included in the
correspondence.
Development of
Proposal
Jan 1994: Task Force on
Policies and Procedures for Separation of Faculty initiated by Faculty Handbook
Steering Committee.
May 1994: Task Force completes
rough draft of Separation Policy.
Oct 1994: Senate
Institutional Planning Committee is requested to complete Separation Policy
statement.
Jan 1995: Senate
Institutional Planning Committee submits statement to the Senate President for
presentation to the Senate.
Jan 1995: The statement is
designated Senate Proposal 21-95 by Senate President Bornhorst to be placed on
the agenda for Meeting 230.
Feb 1995: Withdrawn by
Institutional Planning Committee.