Appendix B - Review of Recommendations for Termination for Cause of a Tenured Faculty Member
Review/Revised Date: 08/15/2024
Policy Owner: Faculty Senate
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Appendix B
Review of Recommendations for Termination for Cause of a Tenured Faculty Member or of a Faculty Member Whose Term of Appointment Has Not Expired
Note: For purposes of this appendix, the terms "parties" or "party" refer to persons directly involved in the termination or hearing, normally the faculty member and the administration.
I. Initiation of Proceedings
Formal proceedings for termination for cause are initiated by the Provost's sending to the faculty member, by certified mail, a letter containing a statement of the charge(s) against the faculty member and a statement of intent to terminate based on those charges. Although the faculty member may wish to appeal the termination as a "grievance," once the Provost has decided to terminate, the termination proceeding shall supersede, and shall make void, any grievance hearing on the same issue. The letter from the Provost to the faculty member being terminated shall include the following information:
II. Response
Within 30 calendar days after receipt of the letter of Intent to Terminate from the Provost, the charged faculty member must respond to the Provost, in writing, indicating (1) a response to the charge(s) stated in the Provost's letter, (2) a decision about whether they elect to have a formal hearing of the charge(s) before a faculty committee, (3) the names of witnesses who may be called on behalf of the charged faculty member, (4) a brief statement of the nature of the testimony of each witness, and (5) a summary of other evidence believed to have relevance to the charge(s) to be heard.
If the faculty member does not respond within 30 calendar days as indicated above or elects not to have a formal hearing of the charge(s) before a faculty committee, the Provost may proceed with a termination recommendation to the President. The decision of the President is final.
III. Suspension
Suspension of the faculty member during the proceedings is justified only if continuance of the faculty member is believed likely to result in (a) risk of harm to the faculty member or others; (b) an immediate health hazard; (c) endangerment of federal funds or equipment; or (d) risk of immediate danger to the interests of person(s) making allegations, the individuals who are the subject of the allegations, or to others. Suspension can be effected only by the Provost, and salary shall continue during the suspension unless legal considerations prohibit.
IV. The Hearing Committee
The initial roster for the Hearing Committee shall be appointed by the Provost within thirty days of the faculty member's request for a hearing. The initial roster shall consist of the next seven faculty members of the UAB Grievance and Termination Hearing Panel who do not hold primary appointments in the department, school, college, or UAB Libraries of the charged faculty member.
Faculty members who are asked to serve on a Hearing Committee must recuse themselves if they believe that they cannot, for any reason, fairly and impartially consider the facts of the case to be heard. The Provost may strike or excuse any individual who has a demonstrable conflict of interest or bias. Within seven days of receiving the list of committee members, the faculty member affected must request the removal of two members from a final group of seven (without having to show cause) so that the final Hearing Committee consists of the remaining five members. Individuals who are recused, excused, or struck will be replaced by the next in line on the roster. The final Hearing Committee will consist of five faculty members. If the five-member Hearing Committee is unable to carry out its duties in a timely fashion, the Provost must impanel another committee as specified above.
The five-member Hearing Committee shall elect its own chair. Deans and department chairs will be expected to ensure that Hearing Committee members from their units are allowed sufficient time to participate in the hearing process. The Provost shall designate a faculty member to serve as a non-voting facilitator to the committee.
The Hearing Committee shall be responsible for the conduct of the hearing and shall establish and enforce procedures to be used at the hearing.
V. Procedure
The Hearing Committee shall consider only the formal charge(s), as stated by the Provost to the faculty member in the letter of "Intent to Terminate." The administration shall have the burden of offering to the Hearing Committee such witnesses and/or other evidence that supports the termination for cause.
VI. Committee Decision
After the hearing is concluded, the Hearing Committee shall meet to reach a decision. Within thirty calendar days after the hearing is concluded, the Hearing Committee must report in writing to the Provost whether or not the charge(s) were supported by the evidence in the record and shall recommend termination or retention. Within fifteen working days of receiving the Hearing Committee's report, the Provost must forward to the President the committee's recommendation along with the committee's report. The report from the committee shall remain confidential, except as required by law.
VII. President's Decision
The President may consider the Provost's recommendation, evidence that was presented during the hearing, and the recommendation of the committee. The President must notify the faculty member, with copies to the Provost and the members of the Hearing Committee, of their decision within fifteen working days of receiving the committee's report and recommendation as forwarded by the Provost. If the President does not implement the recommendations of the Hearing Committee, the reasons for not doing so must be included in the letter of notification. The decision of the President is final.