Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections

Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections

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REGENTS’ POLICY MANUALSECTION 2—ACADEMICSGROUNDS FOR ABROGATION OF TENURE, DISMISSAL, AND OTHER SEVERE SANCTIONSA faculty member against whom the imposition of a severe sanction is to be brought or whosedismissal is to be requested must have given such cause for the action as relates directly and substantiallyto his or her professional capabilities or performance. It is not possible to specify all proper grounds forthese drastic measures. Proper reasons for dismissal of a faculty member who has tenure or whosetenure-track or renewable term/consecutive term appointment has not expired include the following:a) Professional incompetence or dishonesty;b) Substantial, manifest, or repeated failure to fulfill professional duties or responsibilities;c) Personal behavior preventing the faculty member from satisfactory fulfillment ofprofessional duties or responsibilities;d) Substantial, manifest, or repeated failure to adhere to University policies; including, forexample, the University’s Compliance Program.e) Serious violations of law which are admitted or proved before a court of competentjurisdiction or the administrative hearing body established to hear such matters, whichprevent the faculty member from satisfactory fulfillment of professional duties orresponsibilities, or violations of a court order, when such order relates to the facultymember’s proper performance of professional responsibilities;f) Changes in the University’s educational function through action of the Board of Regentsand/or the Oklahoma State Regents for Higher Education which result in the eliminationof an academic unit. In such instances, the University will make every reasonable effortto reassign affected faculty members to positions for which they are properly qualifiedbefore dismissal results from such elimination. Although not considered severe sanctions,(f) and (h) are proper reasons for dismissal of a faculty member who has tenure or whosetenure-track renewable term/consecutive term appointment has not expired.g) For any Health Sciences Center faculty member, being placed on the United StatesDepartment of Health and Human Services’ list of excluded individuals and entities, inwhich case the University will take quick and decisive action by terminating the facultymember’s employment. The faculty member may request a Faculty Appeals BoardHearing following termination.GROUNDS FOR SUMMARY SUSPENSIONSuspension of a faculty member or assignment to other duties in lieu of suspension is justified only ifimmediate harm to the faculty member or to others is threatened by that person’s continued performanceof regular duties or if the faculty member has failed to adhere to the University’s Compliance Program.The faculty member may, on written request and at the convenience and discretion of the department, berelieved of some professional duties if this is necessary to provide time for the preparation of a defense.Summary suspension does not remove from the University the obligation to provide due process within areasonable period of time following action.The Health Sciences Center’s policy on abrogation of tenure, dismissal before expiration of a tenuretrackor consecutive term appointment, severe sanctions, summary suspension, and failure to comply withthe University compliance program is available in the Health Sciences Center Faculty Handbook.THE UNIVERSITY OF OKLAHOMA 54

REGENTS’ POLICY MANUALSECTION 2—ACADEMICSINITIAL PROCEDURES FOR ABROGATION OF TENURE, DISMISSAL BEFORE EXPIRATIONOF A TENURE-TRACK APPOINTMENT OR RENEWABLE TERM APPOINTMENT, AND OTHERSEVERE SANCTIONS.The Faculty Handbooks of the Health Sciences Center and Norman Campus include the policy oninitial procedures for abrogation of tenure, dismissal before expiration of a tenure-track appointmentor renewable term/consecutive term appointment, and other severe sanctions.Initial Procedures(a) When reasons arise to question the fitness of a faculty member who has tenure, whose tenure-trackappointment has not expired, or whose conduct may warrant the imposition of other severe sanctions, theappropriate administrative officer(s) ordinarily shall discuss the matter with the faculty member inpersonal conference, at which time the matter may be terminated by mutual consent. If a mutuallyacceptable result is not forthcoming, and if the President decides that there still is reason to question thefaculty member’s fitness or professional behavior, the President shall so inform the Chair of the FacultyAppeals Board. The Chair shall then, following consultation with the individual, academic unit(s), andadministrators concerned, schedule a pre-hearing conducted by the Faculty Appeals Board HearingCommittee. The Hearing Committee shall informally and confidentially inquire into the situation toeffect a possible adjustment (the principal is encouraged to seek the assistance of the UniversityOmbudsperson). If it fails in this, the Hearing Committee shall advise the President whether in its viewformal proceedings should be instituted.(b) If the Hearing Committee recommends formal proceedings, or if the President favors suchproceedings despite a contrary recommendation from the Hearing Committee, the President or thePresident’s designee shall frame, with reasonable particularity, a statement of charges. The President mayask the aid or advice of the Hearing Committee in framing the charges.(c) The faculty member in question shall then be informed in writing by the President of thecommencement of formal severe sanction proceedings and of the alleged grounds for the proposed action.The hearing shall take place as described in this policy.THE UNIVERSITY OF OKLAHOMA 55

REGENTS’ POLICY MANUALSECTION 2—ACADEMICSGROUNDS FOR ABROGATION OF TENURE, DISMISSAL, AND OTHER SEVERE SANCTIONSA faculty member against whom the imposition <strong>of</strong> a severe sanction is to be brought or whosedismissal is to be requested must have given such cause for the action as relates directly and substantiallyto his or her pr<strong>of</strong>essional capabilities or performance. It is not possible to specify all proper grounds forthese drastic measures. Proper reasons for dismissal <strong>of</strong> a faculty member who has tenure or whosetenure-track or renewable term/consecutive term appointment has not expired include the following:a) Pr<strong>of</strong>essional incompetence or dishonesty;b) Substantial, manifest, or repeated failure to fulfill pr<strong>of</strong>essional duties or responsibilities;c) Personal behavior preventing the faculty member from satisfactory fulfillment <strong>of</strong>pr<strong>of</strong>essional duties or responsibilities;d) Substantial, manifest, or repeated failure to adhere to University policies; including, forexample, the University’s Compliance Program.e) Serious violations <strong>of</strong> law which are admitted or proved before a court <strong>of</strong> competentjurisdiction or the administrative hearing body established to hear such matters, whichprevent the faculty member from satisfactory fulfillment <strong>of</strong> pr<strong>of</strong>essional duties orresponsibilities, or violations <strong>of</strong> a court order, when such order relates to the facultymember’s proper performance <strong>of</strong> pr<strong>of</strong>essional responsibilities;f) Changes in the University’s educational function through action <strong>of</strong> the Board <strong>of</strong> Regentsand/or the Oklahoma State Regents for Higher Education which result in the elimination<strong>of</strong> an academic unit. In such instances, the University will make every reasonable effortto reassign affected faculty members to positions for which they are properly qualifiedbefore dismissal results from such elimination. Although not considered severe sanctions,(f) and (h) are proper reasons for dismissal <strong>of</strong> a faculty member who has tenure or whosetenure-track renewable term/consecutive term appointment has not expired.g) For any Health Sciences Center faculty member, being placed on the United StatesDepartment <strong>of</strong> Health and Human Services’ list <strong>of</strong> excluded individuals and entities, inwhich case the University will take quick and decisive action by terminating the facultymember’s employment. The faculty member may request a Faculty Appeals BoardHearing following termination.GROUNDS FOR SUMMARY SUSPENSIONSuspension <strong>of</strong> a faculty member or assignment to other duties in lieu <strong>of</strong> suspension is justified only ifimmediate harm to the faculty member or to others is threatened by that person’s continued performance<strong>of</strong> regular duties or if the faculty member has failed to adhere to the University’s Compliance Program.The faculty member may, on written request and at the convenience and discretion <strong>of</strong> the department, berelieved <strong>of</strong> some pr<strong>of</strong>essional duties if this is necessary to provide time for the preparation <strong>of</strong> a defense.Summary suspension does not remove from the University the obligation to provide due process within areasonable period <strong>of</strong> time following action.The Health Sciences Center’s policy on abrogation <strong>of</strong> tenure, dismissal before expiration <strong>of</strong> a tenuretrackor consecutive term appointment, severe sanctions, summary suspension, and failure to comply withthe University compliance program is available in the Health Sciences Center Faculty Handbook.THE UNIVERSITY OF OKLAHOMA 54

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