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Section 3. Responsibilities, Rights, and Privileges

3.1.0 Responsibilities and Duties

3.2.0 Rights and Privileges

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3.1.0 Responsibilities and Duties

The faculty has primary responsibility for curriculum, subject matter and methods of instruction, research, faculty status, and those aspects of student life which relate to the educational process. On these matters, the power of review or final decision lodged in the Board of Trustees or delegated by it to the President should be exercised adversely only in exceptional circumstances, and for reasons communicated to the faculty. It is desirable that the faculty should, following such communication, have opportunity for further consideration and further transmittal of its views to the President or Board. Budgets, personnel limitations, the time element, and the policies of other groups, bodies and agencies having jurisdiction over the institution may limit the realization of faculty advice.

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3.1.1 Academic Program Responsibilities

It will be the faculty's responsibility:

  • to establish the requirements for the degrees offered, to determine when the requirements have been met, and to recommend to the administration candidates for degrees;
  • to prepare and recommend courses of study to the administration;
  • to adopt aims and policies with respect to instruction;
  • to determine standards, time, and manner of examinations;
  • to develop policies regarding admission, promotion, probation, and discipline of students for academic reasons;
  • to recommend annually the academic calendar to the administration;
  • to promote measures whereby the spiritual, intellectual, and social life of the College may be enriched and ennobled, and the cultural aims of the College may be achieved.
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3.1.2 Teaching, Committee, and Ceremonial Responsibilities

A full-time faculty member's teaching responsibility normally consists of seven courses or equivalent during an academic year: three courses or equivalent each semester and one course or equivalent in January term. Additionally, full-time faculty members are expected to accept committee or other special assignments, and to attend convocations and ceremonial occasions, including baccalaureate and commencement.

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3.1.3 Responsibilities to Colleagues

Faculty status and related matters are primarily a faculty responsibility; this area includes appointments, reappointments, decisions not to reappoint, promotions, the granting of tenure, and dismissal. The primary responsibility of the faculty for such matters is based upon the fact that its judgment is central to general educational policy. Furthermore, scholars in a particular field or activity have the chief competence for judging the work of their colleagues; in such competence it is implicit that responsibility exists for both adverse and favorable judgments. Likewise, there is the more general competence of experienced faculty personnel committees having a broader [college-wide] charge. Determinations in these matters should first be by faculty action through established procedures, reviewed by the chief academic officers with the concurrence of the Board. The governing board and the President should, on questions of faculty status as in other matters where the faculty has primary responsibility, concur with the faculty judgment except in rare instances and for compelling reasons which should be stated in detail.

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3.1.4 Participation in College Governance

Agencies for faculty participation in the governance of the College will be established at each level where faculty responsibility is present. The faculty participates in College governance in its actions as a total faculty, and through elected representatives on standing or special committees for such purposes as the search for and periodic evaluation of the President and the Provost, the development of the College budget, and the determination of faculty compensation. The faculty may constitute and elect committees as may be needed for the discharge of its responsibilities and duties, and determine the function and membership of such committees.

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3.1.5 External Employment

Faculty members may provide compensated services as consultants or in other capacities to persons or agencies outside the College, providing such employment does not interfere with the fulfillment of their commitment to the College. (See Conflict of Interest Policy in All-College Policies Handbook for specific guidelines.)

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3.1.6 Sale of Texts or Supplies

Faculty members will not sell texts or supplies to students; all course materials, including texts and handbooks authored by faculty members, will be sold on campus through the college book store or officially approved outlets of the College.

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3.2.0 Rights and Privileges

3.2.1 Academic Freedom

All members of the faculty, whether on appointment with continuous tenure or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure (See Appendix A) and additions and amendments thereto formulated by the American Association of University Professors and incorporated in the Constitution and Bylaws of the College (See Article X, Section 2.)

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3.2.2 All-College Policies

Faculty members are afforded rights and protections under the policies found in the college's All-College policies Handbook--such as the Sexual Harassment Policy and the Nondiscrimination Policy. In order to ensure the continued protection of academic freedom, nothing in these policies will supersede a faculty member's rights and protections as outlined in relevant sections of the Faculty Manual, especially those governing grievances, tenure, discipline, and dismissal.

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3.2.3 Participation in Political Activities

Faculty members, as citizens, are free to engage in political activities. A faculty member's participation in political activities is as an individual, not as a representative of the College, and he/she will not make use of any college position or property; facilities may be available only insofar as they may also be available to non-college participants in political activities.

When necessary, a faculty member may be given an unpaid leave of absence for the duration of an election campaign or for the duration of a term of office of an elective or appointive position, on timely application and for a reasonable period of time. The terms of such leave will be set forth in writing, and the leave will not affect unfavorably the tenure status of a faculty member, except that the time spent on leave need not count as probationary service unless otherwise agreed.

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3.2.4 Grievance, Disciplinary, and Appeal Procedures

3.2.4.1 Grievance Procedures

Faculty members who believe that they have been sexually harassed may seek redress under the Sexual Harassment policy, which is found in the All-College Policies Handbook. Faculty members who seek redress for any other grievance may petition the Personnel Committee for appropriate action.

3.2.4.2 Disciplinary Procedures

Disciplinary Procedures may be initiated by the Provost when a faculty member's alleged conduct justifies a minor sanction or is sufficiently grave to merit a major sanction.

If the Provost believes that the alleged conduct of a faculty member justifies the imposition of a minor sanction such as a formal reprimand, the Provost will notify the faculty member of the basis for the proposed sanction and provide her or him with an opportunity to persuade the Provost that the proposed sanction should not be imposed. If the faculty member so requests, a written copy of the charges will be provided before any sanctions are imposed.

Should a satisfactory resolution between the faculty member and the Provost not be reached, or if the faculty member believes that what is termed to be a minor sanction constitutes a major sanction, the faculty member may petition the Personnel Committee for redress as outlined in Section 1.2.4.C.3 of the Faculty Handbook.

Major sanctions include the following: reduction in salary for a stated period of time, reduction in rank, suspension from service for a stated period of time, or dismissal. If the Provost believes that the misconduct of a faculty member is sufficiently grave to justify the imposition of a major sanction, the procedures outlined in section 3.2.4.3.2 will govern such a process. If the faculty member so requests, the Provost will provide a copy of the charges in writing.

3.2.4.3 Appeals to the Faculty Senate

Faculty members shall have the right to request a hearing before the Faculty Senate on matters involving (1) reconsideration of grievances adjudicated by the Personnel Committee; (2) the imposition by the Provost of a major sanction; and (3) reconsideration of a tenure decision made by the Personnel Committee, the Provost, and/or the President. Appeals of a tenure decision, or of a promotion decision will be initiated with the Faculty Review Committee (see section 3.2.4.3.3).

3.2.4.3.1 Reconsideration of grievances adjudicated by the Personnel Committee

An intent to appeal a finding by the Personnel Committee regarding a grievance may must be filed to the Faculty Senate within thirty (30) days of the original finding, and the rationale for the appeal will be submitted to the Senate within sixty (60) days of the original finding. The Senate will hold a preliminary hearing to determine if a Grievance Appeal Hearing is warranted, and transmit its findings to the Faculty member filing the petition and to the Personnel Committee. If the Senate determines that a Grievance Appeal Hearing is warranted, the Senate will convene the hearing in a timely manner. There is no requirement for a quorum--rather the appeal of grievances adjudicated by the Personnel Committee will be deliberated by the number of elected members of the Senate who are not recused for conflict of interest. The Provost and the President or their designated representatives may also be present but may not participate in the reconsideration of a decision.

3.2.4.3.1.1 Disposition of a petition regarding grievances adjudicated by the Personnel Committee. Should the Senate, after deliberation of the evidence presented at a Grievance Appeal Hearing, find that the evidence does not warrant a reconsideration of the original Personnel Committee decision, it will promptly notify the Faculty member and the Provost of its findings in writing, providing appropriate rationale. Should the Senate find that a reconsideration of the original decision is warranted, it will promptly remand the case by transmitting its findings in writing to the Personnel Committee with appropriate rationale, and to the Faculty member. The Personnel Committee must rehear the case, but is not bound to concur with the Senate. The Provost and, ultimately, the President will make the final decision after consideration of recommendations from the Senate and/or the Personnel Committee.

3.2.4.3.2 Major Sanction Proceedings

3.2.4.3.2.1 Preliminary considerations

  1. Before major sanction proceedings are initiated against a faculty member with continuous tenure or with a probationary or special appointment before the end of a specified period, discussions between appropriate administrative officers and the faculty member will seek a mutually acceptable resolution. If the parties reach a mutually acceptable resolution, the faculty member will waive the right to a hearing and the process will be concluded. If required by law or by the need to ensure the welfare of students or other members of the Gustavus Adolphus College community, the administration may suspend with pay the faculty member in question or take other appropriate measures pending completion of these proceedings. Before suspending a faculty member, the administration will consult with the Senate concerning the propriety, the length, and the other conditions of suspension.
  2. Informal discussions seeking resolution may be continued, if necessary, by a panel designated equally by the administration, by the faculty member, and by the Faculty Senate. If informal attempts at resolution are not successful, the panel may recommend to the President, without its recommendation being binding upon the President, whether or not major sanction proceedings should be initiated.

3.2.4.3.2.2 Initiating proceedings

Preceding any major sanction, the President or the President's delegate will initiate a major sanction by presenting a statement of the charges in writing, framed with reasonable particularity, to the faculty member and the Faculty Senate. The faculty member against whom the charges have been brought has a right to a hearing before the Faculty Senate. The Senate, in a timely fashion, will initiate the hearing procedures outlined below. Adequate cause for a major sanction will be related, directly and substantially, to the fitness of the faculty member in her or his professional capacity as a teacher and/or researcher. No exercise of academic freedom or other rights as citizens will be cause for a major sanction. The burden of proof that the faculty member is responsible for the conduct as charged and that the sanction proposed is appropriate rests with the College and will be satisfied only by the preponderance of evidence and argument in the record considered as a whole.

3.2.4.3.2.3 Procedures

  1. The faculty member against whom charges have been brought may waive a hearing and/or respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, and denies the charges or asserts that the charges do not constitute adequate cause for a major sanction, the Senate will make its recommendation on the basis of available evidence and argument in the record.
  2. Members of the Faculty Senate disqualified by reason of bias or conflicting interest will be removed from the hearing either by themselves or at the request of either party. Each party will have a maximum of two challenges without stated cause.
  3. Notice of the hearing with specific charges in writing will be served at least twenty (20) days prior to the hearing. The Faculty Senate may, with the consent of the parties concerned, hold joint prehearing meetings with the parties in order to (1) simplify the issues, (2) effect stipulations of facts, (3) provide for the exchange of documentary or other information, and (4) achieve such other appropriate prehearing objectives as will make the hearing fair, effective, and expeditious.
  4. The Faculty Senate in consultation with the President and the faculty member will determine whether the hearing should be open or closed. The Senate and/or the Administration may be represented by legal counsel. The faculty member may be represented by an academic advisor and/or legal counsel of her or his choice during the proceedings. Additionally, a representative of a responsible educational association may attend the proceedings as an observer at the invitation of either party or the Senate.
  5. The Faculty Senate will not be bound by strict rules of legal evidence, and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available. The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration will cooperate with the Faculty Senate in securing witnesses and making available documentary and other evidence. In the hearing of charges of incompetence, the testimony will include that of qualified faculty members from this and/or other institutions of higher education. The faculty member and administrative officials will have the right to confront and cross-examine all witnesses. Where the witnesses cannot or will not appear, but the Faculty Senate determines that the interests of justice require admission of their statements, the Faculty Senate will identify the witnesses, disclose their statements, and if possible, provide for interrogatories. The Faculty Senate will grant recesses to enable either party to investigate evidence as to which a valid claim of surprise is made.
  6. A verbatim record of the hearing will be taken by the Senate and copies will be made available without cost to both parties.
  7. Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers or the Senate will be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Trustees.

3.2.4.3.2.4 Disposition

  1. The Senate will report in writing to the President and to the faculty member its findings and recommendations which will be based solely on the record of the hearing.
  2. The If the Senate concludes that the burden of proof that the faculty member is responsible for the conduct as charged has not been met, it will so recommend to the President, who may accept the recommendation. If the President does not accept the Senate's conclusion, he will state his reasons in writing to the Senate and to the faculty member, and provide an opportunity for response before transmitting the case to the Board of Trustees.
  3. If the Senate concludes that the burden of proof that the faculty member is responsible for the conduct as charged has been met, but that a sanction other than that proposed by the Administration would be more appropriate, it will so recommend, together with supporting reasons.
  4. If the Senate recommends dismissal or other major sanction and the President concurs, the President will, on request of the faculty member, transmit to the Board of Trustees the record of the case. The review by the Board or a committee of the Board will be based on the record of the Faculty Senate's hearings, and it will provide opportunity for argument, oral or written or both, by the principals at the hearing or by their representatives. The decision of the Faculty Senate will either be sustained, or the proceedings returned to the Faculty Senate with specific objections. The Faculty Senate will then reconsider, taking into account the stated objections and receiving new evidence if necessary. The Board of Trustees will make a final decision only after study of the Faculty Senate's reconsideration.
  5. If the appointment is terminated, the faculty member will receive salary or notice in accordance with the following schedule: At least three [3] months, if the final decision is reached by March 1 of the first year of probationary service (or three [3] months prior to the expiration of the first year of probationary service); at least six [6] months, if the decision is reached by December 15 of the second year of probationary service (or after nine [9] months but prior to eighteen [18] months of probationary service); at least one [1] year, if the decision is reached after eighteen [18] months of probationary service or if the faculty member has tenure. This provision for terminal notice or salary need not apply in the event that there has been a finding that the conduct which justified dismissal involved moral turpitude. On the recommendation of the Faculty Senate or the President, the Board of Trustees, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member.

3.2.4.3.3 Appeals of decisions regarding tenure or promotion are initiated with the Faculty Review Committee. The charter for this committee can be found in section 3.2.4.3.3.9.

3.2.4.3.3.1 Appeal Rights

The purpose of this policy is to provide appeal rights to faculty members for these specific circumstances; : 1) to a tenure-track faculty member who is denied tenure; or 2) to a tenured faculty member who is denied promotion.

  1. An appeal must be based upon one or more of the grounds for appeal listed below.
  2. The remedy available through this procedure is that some or all of the applicable procedures be reviewed and the College's decision be reconsidered.

3.2.4.3.3.2 Grounds for Appeal

The grounds upon which appeals may be made are the following:

  1. Improper consideration: An appeal may allege that a decision against tenure or promotion was based significantly on improper consideration because the review process involved at least one of the following:
    1. violation of academic freedom
    2. unlawful discrimination
    3. violation of applicable College policies on discrimination.
  2. Improper procedure: An appeal may allege that a decision against tenure or promotion was based significantly on improper procedure. Although the Review Committee does not rehear the case, it determines in instances where improper procedure is alleged whether a department, the Faculty Personnel Committee, the Provost and/or the President followed the procedures stated in the Faculty Manual. Proper procedure defined: For the purposes of this policy, proper procedure refers essentially to procedural issues having a bearing on the substance of the decision. The standard of proper procedure would suggest the following kinds of questions:

    Was all available evidence bearing on the relevant performance of the candidate sought out and considered?

    Was there adequate deliberation over the import of the evidence in the various interviews with the candidate and department, and in subsequent closed committee?

    Were irrelevant and improper considerations excluded?

    Thus, a finding of improper procedure involves a critique of process and not a substitution of the Review Committee's judgment of the merits for that of the Personnel Committee, the Provost, and/or the President.
  3. The merits of the case: With departmental support, an appeal of a negative decision for tenure may allege that the evidence available at the time of the original decision did establish a clear and convincing case for a positive recommendation. A negative recommendation for promotion cannot be appealed on the merits of the case. An appeal on the merits suggests that an error has been made in not granting the appellant tenure. Since proper procedures have assured tenure candidates of a thorough, conscientious review, the standard for overturning a negative decision for tenure recommendation by the Personnel Committee on the merits must be high. It will not be sufficient for the Review Committee or the Faculty Senate to simply reach a different conclusion than did the Personnel Committee, the Provost, and/or the President. They must also conclude that the negative decision for tenure recommendation of the Personnel Committee was clearly in error.

3.2.4.3.3.3 Initiating an Appeal

  1. To initiate an appeal, the faculty member shall deliver a written petition to the Chair of the Personnel Committee, the Chair of the Faculty Review Committee, the Office of the President, and the Office of the Provost. The petition must be delivered within fifty (50) calendar days of receipt of official written notice of the decision. In exceptional cases, the Faculty Review Committee may grant an extension of the deadline.
  2. The petition must state the decision being appealed, the grounds for appeal and a statement of evidence in support of the allegations. The burden of proof in cases alleging improper consideration and/or improper procedure rests upon the appellant to establish a prima facie case. A prima facie case of improper consideration and/or improper procedure has been established if the appellant's petition contains statements alleging facts, which, if they were not contradicted, would reasonably allow the Faculty Review Committee to conclude that the College's decision was based on improper consideration and/or improper procedure as defined above.
  3. For an appeal on the merits of a negative tenure decision, the faculty member's petition must be accompanied by a letter of support from the faculty member's department. The letter must list the voting members of the department were, and report the outcome of a the vote to support the appeal. The departmental letter, along with the appellant's petition, should also offer specific evidence in support of the appeal. A clear and convincing case for error has been established if the appellant's petition, as supported by his/her department, has not been sufficiently challenged or contradicted by the Personnel Committee, the Provost, and/or the President. The Review committee must conclude, not only that it disagrees with the negative decision for tenure recommendation of the Personnel Committee, but that any other reasonable body reviewing the same evidence would likely also disagree.

 3.2.4.3.3.4 Appeal Procedures

  1. Within twenty-one (21) calendar days of receipt of the petition, the Faculty Review Committee members shall meet to determine whether:
    1. the faculty member has alleged a proper basis for appeal;
    2. the appeal was commenced within the deadline;
    3. the appellant has established a prima facie case for improper consideration and/or improper procedure; or
    4. the faculty member has established a clear and convincing case for error in a negative tenure recommendation.
    The Committee will establish its own procedures for this preliminary meeting.

    In the case of an appeal on the merits the Faculty Review Committee shall request a response to the appellant's petition from those parties involved in the negative decision for tenure, including the Personnel Committee, the Provost, and/or the President. The response letters from these parties shall be sent to the Faculty Review Committee within fourteen (14) calendar days after a copy of the petition has been provided to those parties. The response letters shall be available to Committee members prior to the Committee's preliminary hearing.
  2. If the Faculty Review Committee determines that proper grounds for an appeal have not been alleged, or that an appeal has not been timely commenced, or that a prima facie case has not been established for improper consideration and/or improper procedure, or that a clear and convincing case for error in a negative tenure decision has not been made, it shall so notify the appellant, the Provost, and the President, and no further action shall be taken in review of the appeal.
  3. If the Faculty Review Committee determines that proper grounds have been alleged, and that the appeal is timely, and that a prima facie case for improper consideration and/or improper procedure has been established, the Committee shall next determine how best to conduct its review of the appeal. Depending on the circumstances of each particular case, the Committee may request both parties to state their positions in writing, and make a determination based upon these submissions, or the Committee may choose to hold a hearing. Either the appellant or the respondent may also request a hearing.

    In the case of an appeal on the merits, if the Faculty Review Committee determines that proper grounds have been alleged, and that the appeal is timely, and that a clear and convincing case for error in a negative tenure decision has been made, it will report this decision to the Provost and the Chair of the Faculty Senate as specified in section 3.2.4.3.3.5.d.
  4. If the Faculty Review Committee determines that a hearing is warranted, in the case of an appeal of improper consideration and/or improper procedure, the following procedures will govern such a hearing. It is imperative that the procedures of the Committee assure due process while at the same time are pursued sensibly and in good faith. The hearing shall take place within fourteen (14) calendar days after the Committee's preliminary meeting.
    1. The appellant shall have the right to have present an advisor chosen from among the College's faculty or administration. The advisor shall not be a member of the Provost's office or a member of the Personnel Committee that voted on the decision being appealed. The decision being appealed will determine whether the Chair of the Personnel Committee, the Provost, or the President shall be the respondent. The respondent shall also have the right to have an advisor selected from the faculty or administration of the College. The role of the advisors is to listen to the proceedings, offer advice to the advisee, take notes and provide personal support to the advisee. Although the appellant and the respondent should be the primary speakers, advisors may speak and answer questions if the Faculty Review Committee feels doing so is appropriate and can be done fairly. Hearings of the Committee are open only to the appellant, the respondent, the Provost, the advisors to the parties, and other persons invited by the Committee.
    2. The Faculty Review Committee may obtain information from whatever sources it deems necessary. If either the appellant or respondent believes that information from witnesses or other documentary evidence would be helpful in clarifying, but not supplanting, the existing tenure/promotion file, either or both may so inform the Committee. The Committee should provide the opportunity for such clarification, but also maintains the right to limit all additional material. The Committee is entitled to access to the appellant's tenure or promotion file used in making the original decision.
    3. The Faculty Review Committee shall have discretion to determine the manner and order in which it will take evidence. It may question all persons involved in the hearing. Neither the appellant nor the respondent, nor either of their advisors, if any, may question witnesses without the consent of the Committee. Rules of evidence and other rules and procedures applicable to a court of law need not apply.
    4. All hearings and deliberations of the Faculty Review Committee shall be conducted confidentially. All participants are bound to keep confidential the evidence and testimony presented or reviewed in hearings and deliberations. This provision is not intended to limit the ability of the appellant or the College to communicate freely with attorneys, governmental agencies, or as otherwise allowed or required by law.

3.2.4.3.3.5 Disposition of Faculty Review Committee Appeals

  1. In the case of alleged improper consideration and/or improper procedure, the Faculty Review Committee is charged with studying the merits of the appeal and reporting its findings to the President within fourteen (14) calendar days of the Committee's preliminary meeting or hearing, whichever is later hearings.
  2. In the case of alleged improper consideration and/or improper procedure, the Faculty Review Committee shall not substitute its judgment on the merits of the decision for that of the Faculty Personnel Committee, Provost, or the President as to the faculty member's suitability for tenure or promotion, but instead shall limit its findings of fact to the following:
    1. If the Faculty Review Committee finds improper consideration or improper procedure on the part of the Provost or the Personnel Committee, the Faculty Review Committee shall recommend to the President that some or all of the applicable procedure shall be reviewed and that the decision shall be reconsidered. The Committee shall prepare a report explaining why the Committee arrived at its findings and identifying which procedures shall be reviewed or repeated and by whom. The President shall provide copies of the Committee's report to the appellant, the Provost, and to the members of the Faculty Personnel Committee. The findings and contents of the report shall otherwise remain confidential.
    2. If the Committee finds improper consideration or improper procedure on the part of the President alone, the Committee report shall recommend to the President that the President's decision be reconsidered. The report of the Committee shall explain why the Committee arrived at its findings. The President shall provide copies of the Committee's report to the Chair of the Board of Trustees, the Provost and to the members of the Faculty Personnel Committee. The findings and contents of the report shall otherwise remain confidential.
  3. Within ten (10) calendar days of receipt of the Faculty Review Committee Report of improper consideration or improper procedure, the President will either reverse the decision without further consideration or direct that some or all of the applicable procedures be reviewed as identified in the Committee's report. The directive for reconsideration shall include specific instructions for individuals or committees. Within twenty-one (21) calendar days of receipt of instructions to do so from the President, the Personnel Committee and/or the Provost shall review procedures, reconsider their recommendation, and report in writing to the President. Within ten (10) calendar days of receipt of all required responses for reconsideration from individuals and committees, the President will either reverse the original negative tenure decision or let stand the decision and notify the appellant, the Provost, and the Faculty Personnel Committee. If the President decides to reverse the original negative tenure decision, positive recommendations for tenure or promotion will be forwarded to the Board of Trustees for final action. If the President decides to let stand the original decision, this decision of the President cannot be appealed further under this Appeals procedure. The President's notification to reverse or let stand the original decision should include an explanation for the decision.
  4. In the case of an appeal on the merits, if the Faculty Review Committee determines that a clear and convincing case for error in a negative tenure decision has been made, it will report this decision to the Provost, the President, the appellant, the Chair of the Personnel Committee, and the Chair of the Faculty Senate within fourteen (14) calendar days of the Committee's preliminary meeting. The Faculty Senate will then convene a hearing of the appeal based on the procedures outlined in section 3.2.4.3.3.6. The Faculty Review Committee shall report in writing explaining why the Committee arrived at its findings and identifying specific evidence it believes was not properly interpreted. The Faculty Senate chair and Personnel Committee chair can share the report with their respective membership. The findings and contents of the report shall otherwise remain confidential.

3.2.4.3.3.6 Faculty Senate Tenure Appeal Procedures

It is imperative that the procedures of the Faculty Senate assure due process while at the same time are pursued sensibly and in good faith.

  1. In the event a hearing is held, the appellant shall have the right to have present an advisor chosen from among the College's faculty or administration. The advisor shall not be a member of the Provost's office, the Faculty Senate hearing the appeal, or a member of the Personnel Committee that voted on the decision being appealed. The decision being appealed will determine whether the Chair of the Faculty Personnel Committee, the Provost or the President shall be the respondent. The role of the advisors is to listen to the proceedings, offer advice to the advisee, take notes and provide personal support to the advisee. Although the appellant and the respondent should be the primary speakers, advisors may speak and answer questions if the Senate feels doing so is appropriate and can be done fairly. Hearings of the Faculty Senate are open only to the appellant, the respondent, the Provost, the advisors to the parties, and other persons invited by the Senate.
  2. The Faculty Senate may obtain information from whatever sources it deems necessary. If either the appellant or respondent believes that information from witnesses or other documentary evidence would be helpful in clarifying, but not supplanting, the existing tenure file, either or both may so inform the Senate. The Senate should provide the opportunity for such clarification, but also maintains the right to limit all additional material. The Senate is entitled to access to the appellant's tenure file used in making the original decision.
  3. The Faculty Senate shall have discretion to determine the manner and order in which it shall take evidence. It may question all persons involved in the hearing. Neither the appellant nor the respondent, nor either of their advisors, if any, may question witnesses without the consent of the Senate. Rules of evidence and other rules and procedures applicable to a court of law need not apply.
  4. All hearings and deliberations of the Faculty Senate shall be conducted confidentially. All participants are bound to keep confidential the evidence and testimony presented or reviewed in hearings and deliberations. This provision is not intended to limit the ability of the appellant or the College to communicate freely with attorneys, governmental agencies or as otherwise allowed or required by law.

3.2.4.3.3.7 Disposition of Faculty Senate Tenure Appeals

The Faculty Senate is charged with conducting a hearing on the appeal, and reporting its findings to the President within twenty-one (21) calendar days of notification from the Faculty Review Committee.

  1. If, in the Faculty Senate's judgment, there is not clear and convincing evidence to overturn the recommendations of the Personnel Committee or the Provost, or the decision of the President, it will report this finding in writing to the President, the Provost, the appellant, and to the chair of the Faculty Personnel Committee. The report should specifically address the findings of the Faculty Review Committee, and why the Senate was not persuaded that the original negative tenure decision was in error. The findings and contents of the report shall otherwise remain confidential.
  2. If, in the Faculty Senate's judgment, the evidence is clear and convincing that the Personnel Committee, the Provost, or the President has erred on the merits of a properly appealed tenure case, the Faculty Senate shall recommend to the President that the decision be reversed. The Faculty Senate shall report in writing explaining why the Senate arrived at its findings and identifying specific evidence that it believes was not properly interpreted. This report shall go to the President, the Provost, the appellant, and the chair of the Faculty Personnel Committee (who may share it with members of the Personnel Committee). The findings and contents of the report shall otherwise remain confidential. Within fourteen (14) calendar days of receipt of a Faculty Senate recommendation to reverse a negative tenure decision, the Personnel Committee and/or the Provost will provide a written rebuttal to the President, explaining why they believe that the Faculty Senate is in error regarding the merits of the case.

Within ten (10) calendar days of receipt of all required responses for reconsideration from individuals and committees, the President will either reverse the original negative tenure decision or let stand the decision and notify the appellant, the Provost, the Faculty Personnel Committee, and the Faculty Senate. If the President decides to reverse the original negative tenure decision, positive recommendations for tenure or promotion will be forwarded to the Board of Trustees for final action. If the President decides to let stand the original decision, this decision of the President cannot be appealed further under this Appeals procedure.

The President's notification to reverse or let stand the original decision should include an explanation for the decision.

3.2.4.3.3.8 Appeals to the Board of Trustees

  1. After all of the appeals processes outlined above has have been completed, and if the Faculty Senate and/or the Faculty Review Committee has found that the President alone made improper considerations or used improper procedure that likely affected the decision, and if the President decides not to reverse the original negative decision on tenure, the appellant may appeal the decision of the President to the Board of Trustees by writing to the Chair of the Board.
  2. After the Board has completed its review, the Board will either reverse the decision or let stand the original decision and the Board Chair will notify the appellant, the President, the Provost and the members of the Faculty Personnel Committee.
  3. The Board Chair's notification to reverse or let stand the original decision should include an explanation for the decision.

3.2.4.3.3.9 Charter of the Faculty Review Committee

  1. Charge:
    The Faculty Review Committee receives petitions, investigates, conducts hearings, and makes recommendations on appeals of decisions of tenure and promotion made by the Faculty Personnel Committee, the Provost or the President.
  2. 2. Committee staffing:
    1. Three tenured faculty members designated as regular members at the time of their elections. No two members can be from the same department.
    2. Two tenured faculty members, also from different departments, designated as alternates at the time of election.
    3. All members of the committee shall have been members of the faculty for at least five academic years.
    4. No member of the committee may be an administrative officer.
    5. No member may serve concurrently on the Faculty Personnel Committee or the Faculty Senate.
  3. Terms of Office, Nominations, and elections:
    1. The term of office is three years. The terms shall be staggered.
    2. When it is necessary to fill a position on or replace permanently a member of the committee, the Faculty Senate shall present nominations according to regular Faculty election rules, with additional nominations from the floor of the Faculty, providing all meet the requirements stated in 2. above.
  4. Procedures:
    1. The committee shall elect a chair from among its regular members.
    2. Members shall excuse themselves, or the chair may excuse a member, from consideration of those cases where the member's impartiality could be questioned by the appellant, the Provost, the President or the Chair of the Faculty Personnel Committee. Such cases may include, but are not limited to, those that present a clear conflict of interest, or those in which the committee member may be called upon to offer testimony. The individuals raising questions of impartiality must address their concern to the committee chair at the time the appeal is initiated.
    3. If a regular member is excused from the consideration of a case, an alternate, if not also excused, will serve for the consideration of that case.
    4. If the chair is excused, the remaining members will elect a chair for the consideration of that case.
    5. Three members constitute a quorum. An alternate should attend all meetings, but not participate until and unless needed as a replacement.
    6. In the event that a quorum cannot be reached because of excuses, the elected members of the Faculty Senate shall elect sufficient replacements for the excused members to reach a quorum. These replacements shall serve only for the particular appeal and must meet the requirements for membership in 2. above.
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3.2.5 Compensation

3.2.5.1 Contracts
Contracts between all faculty members and the College will set forth in writing the commitments of each party. Contracts for renewed appointments and appointment letters for faculty with tenure will be offered not later than April 15 unless notification and explanation has been made to the Faculty Senate and, except for appointments with tenure, will be returned not later than thirty (30) days after being tendered. Contracts not signed and returned within thirty (30) days will be regarded to have been refused and to have expired.

3.2.5.2 Salary
Salary for all faculty members except part-time faculty members who teach fewer than four courses or equivalent per year normally will be in accordance with a published salary schedule (See Appendix B).

  • 3.2.5.3 Fringe Benefits
    Fringe benefits for all faculty members except part-time faculty members who teach fewer than four courses or equivalent per year, normally will be in accordance with a published fringe benefit schedule (See Appendix B). The fringe benefits schedule is an indication of intention only and carries no contractual commitment beyond the contract year.
    In addition to Social Security, Worker's Compensation, and Economic Security (unemployment) benefits, eligible faculty members receive the following fringe benefits:
    • (1) 403(b) Tax sheltered plan (retirement)
    • (2) Short term salary continuation plan
    • (3) Long-term disability income insurance
    • (4) Comprehensive health insurance
    • (5) Dental insurance
    • (6) Term life insurance
    • (7) Accidental death and dismemberment insurance
    • (8) Flexible benefit plan dollars
    • (9) Tuition benefits plan
    • (10) Medical reimbursement account
    • (11) Dependent care reimbursement account
  • A summary of eligibility requirements, costs (College and employee portion), and benefit features are outlined in the current Flexible Benefit Enrollment Booklet or Summary Plan Descriptions distributed by the Department of Human Resources.
    Additionally, all eligible faculty members may receive the following benefits in accordance with the stipulations specified for each:
    • (1) Leaves of absence
    • (2) Professional travel and mileage allowance
      Specific provisions of the salary and fringe benefits schedules are subject to annual review by the appropriate faculty committees, the administration, and the Board of Trustees.
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3.2.6 Faculty Development and Leaves

3.2.6.1 Faculty Development
Faculty may participate in the faculty development programs in accordance with the stipulations of each of those exchanges, leaves, grants, seminars, and workshops.

3.2.6.2 Leaves of Absence

  • 3.2.6.2.1 Compensated Academic Leaves
    • A. Sabbatical Leaves for Regular Professional Development
      Procedures regarding leaves of absence are outlined in the Faculty Handbook.
      Regular professional development is a normal part of an academic career. The College affirms the teacher-scholar model of professional development as a way of valuing all legitimate professional development activities that contribute to a vital and healthy academic community. Since a sabbatical leave is a major investment in the faculty member's professional future, the individual, the relevant department, the Dean of the Faculty and the Faculty Development Committee will work together to devise a plan that is mutually beneficial to the individual and to the College.
      Faculty who intend to apply for a sabbatical leave as part of their professional development must provide a coherent, well-planned proposal to the Faculty Development Committee for evaluation. The committee will review leave proposals and will forward its recommendation to the Dean and the College. The college will fund all proposals recommended to it by the Committee, if possible. In cases where funding is insufficient, a recommended leave may be delayed one year after the Dean has consulted with the individual and the department.
    • B. January Term Leaves of Absence
      Faculty who are granted January Term leaves are expected to engage in research, course preparation, professional reading, professional writing, or personal enrichment.
  • 3.2.6.2.2 Other Leaves
    • A. Leaves for Graduate Study
      Leaves of absence without salary from the College may be granted for graduate study toward an advanced degree and are negotiated with the Dean of the College after consultation with the department concerned.
    • B. Parental Leave
      The College recognizes the important role of both parents in the arrival of a new child. The College's Parental Leave policy is found in the All-College Policies document.
    • C. Family and Medical Leave
      The College's Family and Medical Leave policy is found in the All-College Policies document.
    • D. Leaves for Other Reasons
      Leaves of absence for public service, exchange professorships, medical or other reasons may be negotiated with the Dean of the Faculty. Leaves of absence do not supersede, extend or otherwise alter the terminal limit of an employment contract between the employee and the College.
Copyright 2007, Gustavus Adolphus College. All Rights Reserved.
As last amended: June 23, 2008
Last modified: September 18, 2008 by Barbara Simpson
 
 
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