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(Promulgated by the Administration as Policy or Procedure)
20.8.1 Dismissal or Suspension
Dismissal or suspension by the means outlined herein is an extreme measure, undertaken only for the protection of the Institute and its members.
Charges against members of the faculty which could lead to dismissal or suspension with or without pay shall be based upon the following stated criteria and processed in accordance with the procedures.
20.8.1.1 Criteria
Dismissal or suspension with or without pay for a stated period shall be restricted to cases of: (a) substantial and manifest neglect of duty; or, (b) demonstrated incompetence or dishonesty in teaching or research; or, (c) personal misconduct which substantially impairs the individual's fulfillment of his/her responsibilities to Stevens.
20.8.1.2 Charges and the Professional Practices Committee
Charges under this Section may be brought against a member of the faculty by any member of the full-time teaching faculty, or any administrative officer with faculty rank, or the President. Charges shall be in writing and shall be directed to the Chief Academic Officer for transmittal to the Professional Practices Committee, with copies to the individual charged and to the President.
Hearings shall not be public, nor shall public announcements of the proceedings or their results be made, unless requested by the faculty member in question. In all cases, such proceedings shall be conducted consistent with due process.
20.8.2 Process
1. The Professional Practices Committee shall be constituted as set forth.
2. Nothing in the procedures detailed below is to be interpreted as barring attempts to settle the case through informal discussions. If a settlement is reached with the mutual consent of the faculty member involved, the President, and the Professional Practices Committee, the formal proceedings shall terminate immediately.
3. Upon receipt of a charge against a member of the faculty, the Professional Practices Committee shall convene within thirty working days. It shall conduct a thorough hearing on the merits of the charge. The Committee shall conduct the hearing pursuant to rules it establishes, grant adjournments, and make other rulings as required. In conducting the hearing, the Professional Practices Committee shall act as a body. The Professional Practices Committee shall send written notice of the time and place of the hearing to the faculty member involved, to the individual bringing the charge, and to the President.
4. At a hearing conducted by the Professional Practices Committee:
The faculty member against whom the charge has been brought shall have a right to testify in his/her own behalf.
He/She may be accompanied by his/her attorney and by a personal representative of his/her own choosing from within the Stevens community. The personal representative shall have the right to testify at the request of the faculty member involved. The Institute may also be represented by counsel or any other representative of its choosing.
The individual bringing the charge shall testify at the hearing if he/she asks to testify or is requested to testify by theProfessional Practices Committee. The Committee shall so request if asked by the faculty member against whom the charge has been brought, but may so request even if not asked by the faculty member involved.
The faculty member against whom the charge has been brought shall have the right to be present at the testimony of, and cross-examination of, the individual bringing the charge and any other witness.
The members of the Professional Practices Committee have the right to question any individual testifying before the Committee.
The entire proceedings before the Professional Practices Committee shall be recorded in stenographic record by a certified stenotypist. In addition, a tape recording shall be made to enable the Committee to certify the accuracy of the stenographic record.
The Committee will make findings and recommendations on whether the charges brought and the proposed sanction are justified within the terms.
5. After the hearing, and based only on evidence presented at the hearing, the Professional Practices Committee shall decide whether to recommend: Sustaining the charge (or any of the charges if there are more than one); or, Dismissing the charge.
6.The Professional Practices Committee recommendations, with the reasons therefor, shall be transmitted to the Chief Academic Officer in writing.
7. Taking full cognizance of the recommendations of the Pro-fessional Practices Committee, the Chief Academic Officer will: Notify the individual and the President in writing that the charges are dismissed and no further action will be taken; or,
Notify the individual and the President in writing that the original charges are sustained and his/her recommendation regarding dismissal, suspension, or other sanctions. The President must then review the Chief Academic Officer's recommendation and notify the individual of his decision to accept the recommendation or to impose a different penalty.
8.The individual shall have the right to appeal the President's decision to an Appeals Board. The Appeals Board shall be constituted as follows:
The Appeals Board shall consist of five members; two Department Directors appointed by the President; two tenured faculty members appointed by the Faculty Council; and a fifth member chosen by the four from a list prepared by the Faculty Council of not fewer than three names of tenured members of the faculty. In the event that the four members are unable to agree, by majority vote, on the fifth member, the Faculty Council shall designate the fifth member from its list.
Members of the Appeals Board shall not be parties to the case heretofore. Appeals must be made to the Appeals Board within ten working days following notification by the President.
9. If in the light of the recommendations of the Professional Practices Committee, the Chief Academic Officer's recommendation, and the Appeals Board decision, the President finds that dismissal, suspension with or without pay, or any lesser sanction is warranted, he/she shall present those recommendations and decisions to the Board of Trustees. The Board of Trustees shall then determine the disposition of the case. The faculty member involved, the individual bringing the charges, the Chief Academic Officer, the Appeals Board, and the Professional Practices Committee shall all be notified in writing of the final decision of the Board of Trustees. |
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