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
REGENTS’ POLICY MANUALSECTION 2—ACADEMICS5) All responsibilities of the chair will be relinquished and passed to the vice-chair if the appeal isfrom a faculty member of the same college as the chair.(e) All members of the Board are eligible for re-election. Terms of service shall begin July 1 and endJune 30 except that, if a hearing is in progress at this time, any retiring member of the Board who ison the Hearing Committee shall be continued on the committee until the case in process is closed.(f) If a member of the Board, not serving on a hearing committee, ceases to be a full-time member of thefaculty, or if his or her duties become primarily administrative, the Senate shall elect a replacementto complete the term.(g) Members on the Board who have an appeal pending before the Board shall be suspended from allBoard activities until the appeal is resolved.(RM, 1-26-99, p. 26204; 12-3-02, p. 28355)FACULTY APPEALS BOARD PROCESSALLEGED VIOLATION OF ACADEMIC FREEDOM, ACADEMIC DUE PROCESS, OROTHER GRIEVANCES CONCERNING THE ALLEGED FAILURE TO FOLLOWUNIVERSITY POLICY OR ALLEGED UNFAIRNESS IN THE APPLICATION OFUNIVERSITY POLICY, ABROGATION OF TENURE, DISMISSAL OF A TENURE-TRACK OR CONSECUTIVE TERM APPOINTMENT, SEVERE SANCTIONS,SUMMARY SUSPENSION, FAILURE TO COMPLY WITH THE UNIVERSITYCOMPLIANCE PROGRAMInitiation of Appeal and Request for a Hearing(a) Request for Hearing - Academic freedom, academic due process or other grievancesconcerning the alleged failure to follow University policy or alleged unfairness in the application ofUniversity policy:Any faculty member who believes that either academic freedom or academic due processhas been violated or alleges other grievances concerning the alleged failure to follow Universitypolicy or alleged unfairness in the application of University policy should first seek prompt redressthrough regular administrative channels, which would include the chair, dean and Senior VicePresident and Provost.If the administrative review does not provide a satisfactory result, and if the facultymember wishes to continue the appeal he/she may submit, as the complainant, a written complaintoutlining the specific points of appeal and requesting a formal hearing to the Chair of the FacultyAppeals Board no later than 45 calendar days after he/she has become or should have become awareof the alleged violation. Seeking redress through regular administrative channels does not extend the45-day time allowed for filing an appeal.(b) Request for Hearing - Abrogation of tenure, dismissal of tenure-track or consecutive termappointment, or severe sanctions:THE UNIVERSITY OF OKLAHOMA 64
REGENTS’ POLICY MANUALSECTION 2—ACADEMICSAny faculty member who chooses to appeal the decision by the President to recommendabrogation of tenure, dismissal of a tenure-track or consecutive term appointment or other severesanctions to the Board of Regents must submit, as the respondent, a written request for hearing to theChair of the Faculty Appeals Board within 15 calendar days of the date of the President’s letter. (See(e) below).(c) The time intervals specified in the preceding and following sections are guidelines andshould be maintained unless waived by the Chair of the Faculty Appeals Board for unusualcircumstances or in order to allow continuing progress towards informal resolution of the complaint.(d) The Faculty Appeals Board process is a lay process which relies on peer review and thecommon sense, sound judgment, good character, and sense of fairness of each Hearing Committee.The Faculty Appeals Board procedures should strive to diminish formality and rigidity. The processis not to be considered a trial but is a system of internal review to effect a just and fair disposition of agrievance.(e)Pre-Hearing Procedure:1) Upon receipt of the written complaint as set out in (a) and (b) of this section and prior toinitiating the formal hearing process, the Chair of the Faculty Appeals board shall ask therespondent to submit, within 15 working days, a statement in writing outlining the specificpoints of defense. Upon receipt of this statement, the Chair of the Faculty Appeals Boardshall, convene the complainant, the respondent, and two members of the Faculty AppealsBoard within 30 working days. The two members shall be selected by the Chair in the samemanner as members and alternates (Section 3.15.2(c)(2)) and shall be ineligible to serve onthe Hearing Committee for that particular case. The purpose of the meeting is to discuss thepoints of the complaint, to resolve differences, where possible, and to seek resolution of thematter at issue. Formal minutes of these discussions will not be taken, and no data, findingsor recommendations from these discussions will be forwarded to the Hearing Committeeexcept as provided in Section 3.15.3.2) If a satisfactory resolution is reached, the Chair of the Faculty Appeals Board willsummarize and forward the facts of the case in writing to the complainant and therespondent.3) If a satisfactory resolution is not reached within 45 working days from receipt of the formalrequest for hearing (13.15.1(a)(b)), the Chair of the Faculty Appeals Board will notify theparties that no resolution was reached and initiate hearing procedures.Formal Hearing ProcedureAll matters brought to the Faculty Appeals Board shall be handled according to the followingprocedures, which are designed to ensure fairness and due process.(a) If the pre-hearing conference described in section 3.15.1 (e)(1) does not produce a satisfactory result,the Chair of the Faculty Appeals Board will request the complainant to submit to both the chair andthe respondent, within 20 working days of the pre-hearing conference, a written statementembodying:1) Relevant policies of the administrative or academic unit, the College, the Provost's Office,President's Office, and the Board of Regents.2) The written complaint (3.15.1(a)(b)).THE UNIVERSITY OF OKLAHOMA 65
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REGENTS’ POLICY MANUALSECTION 2—ACADEMICSAny faculty member who chooses to appeal the decision by the President to recommendabrogation <strong>of</strong> tenure, dismissal <strong>of</strong> a tenure-track or consecutive term appointment or other severesanctions to the Board <strong>of</strong> Regents must submit, as the respondent, a written request for hearing to theChair <strong>of</strong> the Faculty Appeals Board within 15 calendar days <strong>of</strong> the date <strong>of</strong> the President’s letter. (See(e) below).(c) The time intervals specified in the preceding and following sections are guidelines andshould be maintained unless waived by the Chair <strong>of</strong> the Faculty Appeals Board for unusualcircumstances or in order to allow continuing progress towards informal resolution <strong>of</strong> the complaint.(d) The Faculty Appeals Board process is a lay process which relies on peer review and thecommon sense, sound judgment, good character, and sense <strong>of</strong> fairness <strong>of</strong> each Hearing Committee.The Faculty Appeals Board procedures should strive to diminish formality and rigidity. The processis not to be considered a trial but is a system <strong>of</strong> internal review to effect a just and fair disposition <strong>of</strong> agrievance.(e)Pre-Hearing Procedure:1) Upon receipt <strong>of</strong> the written complaint as set out in (a) and (b) <strong>of</strong> this section and prior toinitiating the formal hearing process, the Chair <strong>of</strong> the Faculty Appeals board shall ask therespondent to submit, within 15 working days, a statement in writing outlining the specificpoints <strong>of</strong> defense. Upon receipt <strong>of</strong> this statement, the Chair <strong>of</strong> the Faculty Appeals Boardshall, convene the complainant, the respondent, and two members <strong>of</strong> the Faculty AppealsBoard within 30 working days. The two members shall be selected by the Chair in the samemanner as members and alternates (Section 3.15.2(c)(2)) and shall be ineligible to serve onthe Hearing Committee for that particular case. The purpose <strong>of</strong> the meeting is to discuss thepoints <strong>of</strong> the complaint, to resolve differences, where possible, and to seek resolution <strong>of</strong> thematter at issue. Formal minutes <strong>of</strong> these discussions will not be taken, and no data, findingsor recommendations from these discussions will be forwarded to the Hearing Committeeexcept as provided in Section 3.15.3.2) If a satisfactory resolution is reached, the Chair <strong>of</strong> the Faculty Appeals Board willsummarize and forward the facts <strong>of</strong> the case in writing to the complainant and therespondent.3) If a satisfactory resolution is not reached within 45 working days from receipt <strong>of</strong> the formalrequest for hearing (13.15.1(a)(b)), the Chair <strong>of</strong> the Faculty Appeals Board will notify theparties that no resolution was reached and initiate hearing procedures.Formal Hearing ProcedureAll matters brought to the Faculty Appeals Board shall be handled according to the followingprocedures, which are designed to ensure fairness and due process.(a) If the pre-hearing conference described in section 3.15.1 (e)(1) does not produce a satisfactory result,the Chair <strong>of</strong> the Faculty Appeals Board will request the complainant to submit to both the chair andthe respondent, within 20 working days <strong>of</strong> the pre-hearing conference, a written statementembodying:1) Relevant policies <strong>of</strong> the administrative or academic unit, the College, the Provost's Office,President's Office, and the Board <strong>of</strong> Regents.2) The written complaint (3.15.1(a)(b)).THE UNIVERSITY OF OKLAHOMA 65