MICHIGAN
TECHNOLOGICAL
UNIVERSITY The
Senate of Michigan Technological University
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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.