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- General
A sanction may be imposed on a faculty member to document, correct, and/or take disciplinary action for
behavior that violates the standards of faculty conduct as articulated in the Teaching and Research Faculty
Handbook, other university policies, and applicable local, state, and federal laws. A sanction may not be
imposed upon a faculty member unless the faculty member has been notified in writing of the charges upon
which the sanction is based and has been provided with an opportunity to respond to those charges. Under no circumstances shall the imposition of sanctions or the threat of the imposition of sanctions be used
to restrain a faculty member's exercise of academic freedom or exercise of any of the rights guaranteed
by the Constitution of Virginia or by the Constitution of the United States. All notifications required under this policy shall be presumed delivered upon an email sent to the faculty
member’s ODU email address.
Definitions
A Major Sanction is an action that negatively affects the faculty member’s property interest including
but not limited to salary and rank. Examples may include but are not limited to actions that involve the
dismissal, suspension without pay, reduction in salary, loss of salary increases, or reduction in rank
of a faculty member.
A Minor Sanction includes all other disciplinary actions imposed on a faculty member and placed in the
personnel file including letters of reprimand.
Minor Sanctions
- Authority
A minor sanction may be imposed upon a faculty member by a department chair, a dean, the provost and
vice president for academic affairs, or the president.
- Procedure
Before a minor sanction may be imposed upon a faculty member, the faculty member must be
notified in writing of the charges for which a sanction might be imposed. Charges should be
related to violations of university policies or rules, or laws. The university policies should
be specified in any charges leveled. The faculty member then must be provided with an
opportunity to meet with and to present a statement in defense or in mitigation of the charges
to the individual with the authority to impose the sanction. That opportunity shall be provided
no less than ten (10) and no more than thirty (30) days following the faculty member's
receipt of notification of charges.
Before a department chair or a dean exercises the authority to impose a minor sanction upon a
faculty member, the decision to impose the sanction and the reasons therefore must be reviewed
and approved by the immediate administrative supervisor of the individual imposing the sanction.
Within sixty (60) days of the date of the faculty member's receipt of notice of charges,
the faculty member shall be notified as to whether a minor sanction has been imposed and
acknowledge receipt of the notice of imposition of the sanction. If a minor sanction has been
imposed, the notice shall include a statement of the reasons for the sanction, the faculty
member’s right to respond in writing, and refer to the information in the Faculty Sanctions
policy. Any sanction imposed and the reasons therefore shall be notified in the faculty member's
permanent personnel file but if no sanction is imposed, there shall be no notation or reference
to the charges in the file.
The faculty member may respond in writing to the imposition of a minor sanction but must do so
within thirty (30) days following the faculty member's receipt of notice of the sanction.
The faculty member's written response to the charges will be included in the faculty member's
permanent personnel file unless the faculty member requests otherwise.
All documents related to an imposed sanction must be retained in a secure location at the
college level for five years.
A faculty member who desires a review of the minor sanction imposed may file a grievance against the
administrative official imposing the sanction in accordance with the Faculty Grievance Policy.
- Dismissal and Other Major Sanctions
- Authority
Only the Board of Visitors has the authority to dismiss a faculty member and only the Board of Visitors
or the president has the authority to impose upon a faculty member a major sanction short of dismissal,
i.e., reduction in current salary level or rank or suspension from service for a stated period with or
without pay. "Dismissal" as used in this policy means the termination of a tenured faculty
member or the termination of a nontenured faculty member prior to the end of a term appointment to which
the faculty member would otherwise be entitled under the policies of the university but does not include
the termination of faculty due to financial exigency, severe financial difficulties or extensive
curtailment in or discontinuance of a program of study or department of instruction.
- Grounds for Dismissal or for the Imposition of Other Major
Sanctions
The dismissal of a faculty member or the imposition upon a faculty member of another major sanction
shall be only for adequate cause. Such adequate cause must be related, directly and substantially, to
the faculty member's performance of professional duties or responsibilities or to the fitness of
the faculty member in his or her professional capacity.
- Proceedings to Dismiss or to Impose Other Major Sanctions Upon a Faculty Member
The dismissal of a faculty member or the imposition upon a faculty member of other major
sanction(s) shall be only in accordance with the procedures described herein.
It is solely within the discretion of the president to determine those cases in which the
institution of proceedings to dismiss or to impose a major sanction on a faculty member might be
appropriate. In deciding whether to initiate such proceedings, the president may act upon the
recommendation of a department chair, a dean, the provost and vice president for academic
affairs, or upon his own initiative.
Except in extraordinary circumstances, if the president decides to initiate proceedings to
dismiss or to impose a major sanction on a faculty member, either the president or an
administrative official designated by the president shall offer to discuss the matter in private
conference with the faculty member. The faculty member should respond to the offer to meet with
the president or designee and schedule the meeting within 30 days. The meeting should normally
be scheduled during the faculty member’s contract period. At that time the matter may be
resolved by agreement. If the agreement includes the faculty member's acceptance of
dismissal or another major sanction, that agreement shall be in writing and shall be placed in
the faculty member's permanent personnel file.
- If the president decides to proceed with dismissal or a major sanction, the president shall
commence a proceeding to dismiss or to impose a major sanction on a faculty member and will
designate the appropriate administrative official to present charges against the faculty member
and request that the chair of the Faculty Grievance Committee initiate the applicable procedures
of the committee. The Faculty Grievance Policy and the policy on Faculty Grievance Committee and
Hearing Panels: Composition and Procedures can be found in the Teaching and
Research Faculty Handbook.
Upon the conclusion of the Faculty Grievance Committee's procedures and upon the president's
receipt of the recommendation and report of the committee issued as described therein, the
president may decide to accept, alter, or reject the recommendation of the committee as the
president sees fit. If the president decides to alter or reject the committee's
recommendation, the president must state in writing the reasons for that decision.
- The president must notify the faculty member and the committee of the president's decision
and, if required, the reasons therefore, within thirty (30) days of the president's receipt
of the committee's report. If the president fails to forward notice to the faculty member
and the committee within thirty (30) days, the president shall be deemed to have accepted the
committee's recommendation.
If the president decides to dismiss the charges or to impose a
minor sanction upon the faculty member, the president's decision
shall be final.
If the president decides to impose a major sanction other than
dismissal upon the faculty member, the president's decision
shall be final unless appealed to the Board of Visitors by the faculty
member. In order to so appeal, the faculty member must notify the
president in writing of the appeal within thirty (30) days after the faculty
member's receipt of the president's decision.
If the president decides to recommend dismissal of the faculty
member, the president shall forward that decision to the Board of
Visitors at the time of notification of the faculty member and the
committee as provided above.
- Actions by the Board of Visitors
During its consideration of a presidential recommendation to dismiss
a faculty member or during its consideration of a faculty member's
appeal of a presidential decision to impose another major sanction,
the Board shall review the record of the case, including the report
of the Faculty Grievance Committee, and shall provide the faculty
member and the president
(or the president's designated representative) with an opportunity
to make a written statement and, if either party should so choose,
an oral statement. Generally, these statements will be based upon
the record of the case. Advisors (including attorneys) are not permitted to directly address the
designated Board of Visitors commitee. The Board, in its discretion, may request
additional evidence from either party or may permit either party,
upon the party's request, to present additional evidence so
long as the other party has the opportunity to examine and to respond
to the additional evidence. Any additional evidence presented to
the Board by either party shall be fully disclosed to the other party
prior to presentation of the evidence to the Board.
- After its consideration of a presidential recommendation to dismiss
a faculty member, the Board may decide to dismiss the faculty member.
If it should decide to dismiss the faculty member, the Board shall
provide written notification of this decision to the faculty member
and to the president. Written notice shall include the effective
date of the dismissal which may be any time following the date of
notice.
The Board may decide instead to impose
a major sanction other than dismissal, to impose a minor sanction,
to dismiss the charges, or to withhold final decision and to remand
the matter to the Faculty Grievance Committee for further proceedings
in accordance with the Board's directions. The Board shall
provide written notice of its decision to the president and to the
faculty member.
- After its consideration of an appeal of a presidential decision to impose a
major sanction other than dismissal upon a faculty member, the Board
may decide to sustain the president's decision, to reduce the
sanction (see D.1. above for relevant procedures), to dismiss the charges, or to withhold final
decision and
to remand the matter to the Faculty Grievance Committee for further
proceedings in accordance with the Board's directions. The
Board shall provide written notice of its decision to the faculty
member and to the president.
If the matter is remanded to the Faculty Grievance Committee,
the committee shall conduct additional proceedings in accordance
with the Board's directions. Following the conclusion of such
proceedings, the committee shall transmit its report to the Board
and shall furnish copies of its report to the president and to the
faculty member. After receipt of the committee's report, the
Board shall make its final decision and shall provide written notice
of its decision to the president and to the faculty member.
In every case, the decision of the Board is final.
- Limitations Upon the Imposition of More than One Sanction
The imposition upon a faculty member of a minor or major sanction shall
preclude the imposition upon that faculty member of another sanction
based upon the same incident. Previous sanctions imposed on a faculty member may be taken into account
when considering new sanctions based on a different incident or a repeat of sanctioned behavior.
- Suspension Prior to the Completion of Proceedings
Prior to the completion of proceedings under this policy, a faculty member
may be suspended by the president or assigned other duties in lieu
of suspension if serious harm to the faculty member or to others is
threatened by the faculty member's continued performance of regular
duties. Salary shall continue during suspension. Suspension pursuant
to this section does not release the university from its obligation
to complete proceedings as described in this policy within a reasonable
time after suspension.
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