- I. Officers Concerned with Faculty Personnel Policy
- II. Academic Freedom
- III. Equal Opportunity and Affirmative Action
- IV. Faculty Structure
- V. Initial Appointment Procedures
- VI. Procedures for Reappointment and Promotion
- VII. Academic Tenure
- VIII. Leaves
- IX. Non-university Employment
- X. Salary Letters
- XI. Termination of Appointment by Faculty Member
- XII. Termination of Appointment by the University
- A. Financial Exigency
- B. Discontinuance of Program or Department not mandated by C. C. C. Financial Exigency
- C. Medical Reasons
- D. Dismissal for Cause
- XIII. Procedures for Imposition of Sanctions Othere then Dismissal
- XIV. Grievance Procedures
- XV. Retirement
- XVI. Amendment
FACULTY PERSONNEL POLICY
This Faculty Personnel Policy is promulgated pursuant to the Bylaws of Drew University, and is subordinate to those Bylaws. The Bylaws (Art. IV, sec. 3) provide that “the Board of Trustees shall adopt a Faculty Personnel Policy incorporating principles of academic freedom and tenure.”
This policy is consistent with and supportive of Drew University’s declared intention to be “an independent center of higher learning . . . dedicated to the creation and maintenance of a community of scholars, faculty members and students, and all conditions necessary thereto, for the pursuit of knowledge, wisdom, and truth, and the communication of knowledge and its interpretations” (Bylaws, Preamble).
The principle that University governance is properly a shared effort is clearly applicable to matters of personnel policy.
Article II of the Bylaws of the University sets forth the authority of the Board of Trustees and its various committees in matters of Faculty Personnel Policy (see particularly sections 4 through 19).
Article III of the Bylaws describes the authority and responsibility of the President, Vice Presidents, Academic Deans, and other administrative officers in matters of Academic Policy.
Article IV of the Bylaws describes the authority and responsibilities of the University Faculty and the Faculties of the Schools of the University.
Article V of the Bylaws, outlines the consultative and advisory role of the University Senate.
Article VI of the Bylaws, entitled “Campus Regulations and the Academic Community,” outlines basic rights and responsibilities of members of the University community.
All members of the Faculty, irrespective of tenure, are entitled to academic freedom as defined in the 1940 Statement of Principles on Academic Freedom and Tenure, with 1970 interpretive comments, formulated by the Association of American Colleges and the American Association of University Professors. In the classroom and in their research, faculty members are free to pursue their subjects and to state and publish the truth as they see it. The faculty member bears correlative responsibilities to the subject matter, to students, to colleagues, to the institution, and to the wider community. These responsibilities require of the faculty member personal integrity, respect for reason and evidence, and commitment to a community of free inquiry. Faculty members share the freedom of speech and action common to all citizens, but they have the responsibility to make it clear that when they speak and act as private citizens they are not representatives of their profession or their institution.
Drew University treats all appointments, assignments, promotions, and conditions of employment in a non-discriminatory manner and without regard to race, color, creed, sex, national origin, age, disability, marital status, sexual orientation, or other extraneous consideration, and shall be in compliance with applicable law such as the Americans with Disabilities Act.
Drew University will take affirmative steps to insure that this policy is executed, recognizing that the adoption of a vigorous program is required in order to build a diverse faculty, enriching and broadening the intellectual life of the university through a multiplicity of experiences and viewpoints.
- Regular Academic Ranks
- The regular academic ranks in the University for tenure-track and tenured faculty are, Assistant Professor, Associate Professor, and Professor. Appointment to any of these professorial ranks presupposes the doctorate or its equivalent. Drew normally appoints to the rank of Assistant Professor those who have completed the Ph.D. or its equivalent and have shown professional growth. In addition to their doctoral dissertations, candidates for this rank must have demonstrated evidence of scholarly potential. The Assistant Professor is expected to be an effective teacher. Evaluations by students and peers should give evidence that this teaching is consistently vital and intellectually important. The Assistant Professor should contribute to the life and task of the University, including service on committees and governing bodies, participation in departmental and division aﬀairs, and sponsorship or involvement in student aﬀairs. The rank of Associate Professor should denote signiﬁcant professional accomplishments as teacher, scholar, and citizen of the University. Candidates for this rank should have contributed to the curriculum a body of courses known and tested for adequacy by student and peer evaluation. Scholarly accomplishment is to be demonstrated by publications, exhibitions, performances, papers presented to professional meetings, etc. The worth of such scholarship must be recognized by the University and among scholars at large. The rank of Professor should represent stature; it will not be awarded as a matter of course or as a function of time spent in employment at Drew. Expectations for the highest academic rank include depth of learning in one’s discipline; ﬁdelity to one’s students, to the highest standards of one’s vocation, and to the University; acknowledged excellence as a teacher; and scholarly work of distinction. Candidates should be persons of integrity who have clear goals for scholarly and professional accomplishment as well as the ability to inspire others to share those visions.
- The regular academic ranks in the University for non-tenure track faculty are Assistant Teaching Professor or Assistant Professor in the Practice of (X), Associate Teaching Professor or Associate Professor in the Practice of (X), and Teaching Professor or Professor in the Practice of (X). Appointment to the Teaching Professor ranks presupposes the doctorate or its equivalent. Appointment to the Professor in the Practice of (X) ranks is based on distinguished professional experience and expertise whether or not the person has a terminal academic degree in their field. The Assistant Teaching Professor and Assistant Professor in the Practice of (X) are expected to be an eﬀective teacher. Evaluations by students and peers should give evidence that this teaching is consistently vital and intellectually important. The Assistant Teaching Professor and Assistant Professor in the Practice of (X) should contribute to the life and task of the University, including service on committees, participation in departmental and division aﬀairs, and sponsorship or involvement in student aﬀairs where deemed appropriate for non-tenure track faculty. The rank of Associate Teaching Professor or Associate Professor in the Practice of (X) should denote signiﬁcant accomplishments as a teacher and citizen of the University. Candidates for this rank should have contributed to the curriculum a body of courses known and tested for adequacy by student and peer evaluation and have continued to contribute to the life and task of the University. The rank of Teaching Professor and Professor in the Practice of (X) should represent stature; it will not be awarded as a matter of course or as a function of time spent in employment at Drew. Expectations for the highest academic rank for non-tenure track faculty include ﬁdelity to one’s students, and to the University; and acknowledged excellence as a teacher. Candidates should be persons of integrity who have clear goals for scholarly and professional accomplishment as well as the ability to inspire others to share those visions.
- The faculty ranks and titles of librarians shall be Assistant Librarian, Associate Librarian, and Senior Librarian. These are regarded for purposes of deﬁnition and comparison as equivalent to the non-tenure track professorial ranks Assistant Professor in the Practice of (X), Associate Professor in the Practice of (X), and Professor in the Practice of (X). Appointment to the rank of Assistant Librarian requires the M.L.S. degree or its equivalent. Appointment or promotion to the rank of Associate Librarian requires the M.L.S. and an additional graduate degree or equivalent in professional development, as well as seven years of experience at lower ranks. Appointment or promotion to the rank of Senior Librarian requires the M.L.S. and an additional graduate degree or equivalent in professional development, as well as fourteen years of experience at lower ranks. Librarians may be elected to one of the school faculties, and may thereby be granted professorial titles in the ordinary nomenclature of the Faculty. Nevertheless, their rank and title on the Library Faculty would be determinative, and they may not hold a higher position on the school Faculty that elects them.
- Other academic ranks
- The term “visiting” is normally used for a faculty member who teaches full-time elsewhere and/or is at the University temporarily.
- The term “instructor” is used for a full-time faculty member who does not hold a Ph.D. or the equivalent terminal degree but is working to obtain that degree and shows promise of becoming an effective member of this academic community.
- The term “adjunct” is normally used for a part-time faculty member.
- The term “aﬀiliate” is normally used for a part-time, long-term faculty member who regularly teaches courses and may serve as a mentor for student research.
- The term “lecturer” is used for a part-time faculty member who does not hold a Ph.D. or the equivalent terminal degree.
- The term “fellow” is normally used for a scholar who has an ongoing relationship with the University and who may or may not have teaching responsibilities.
- There may be other positions established to serve a special academic function.
- Initial appointments to the rank of Instructor and other teaching positions below that of Assistant Professor are made by the Dean of the school after consultation with faculty members in the instructional area to which the appointment is to be made and with the approval of the President of the University.
- Initial appointments at the rank of Assistant Professor, Associate Professor, or Professor originate in the office of the Dean after appropriate recommendations and consultations with the instructional areas involved. In all cases an interview is arranged by the Dean, at which time the candidate is brought to the campus to meet with the department chair or divisional leaders, as many of the faculty members as is practicable from the instructional area, and such other faculty persons as the Dean shall deem appropriate. After these consultations the Dean forwards recommendations to the President of the University, who forwards them with recommendations to the Board of Trustees for final action.
- In all cases where an appointment involves immediate or potential membership in more than one Faculty, full consultation among the Deans, the departmental or division chairs, and/or the appropriate faculty committees shall have taken place prior to the Deans’ making a recommendation, jointly, to the President.
- All candidates for appointment shall be interviewed by the President of the University, unless the President specifically agrees to an exception.
- In addition to the mandatory consultations, the Dean may wish to consult with other groups or individuals prior to making recommendations to the President.
- Appointment procedures in the University Library shall parallel other faculty appointment procedures and shall involve equivalent consultation and approval by the President of the University.
- The terms and conditions of each appointment shall be stated to the appointee in writing. The appointee shall also be given a copy of the Charter and Bylaws of the University and a copy of the Faculty Personnel Policy.
To permit the Faculties of the several components of Drew University to participate in the maintenance of professional standards, each component shall have a faculty committee charged to review with the Dean, in consultation with departmental or division chairs, the credentials and accomplishments of each faculty member to be considered for reappointment, promotion, or tenure. In decisions concerning faculty members who serve as members of more than one Faculty, the appropriate faculty committee of each of the entities involved participates. The members of the University Library professional staff, as members of the University Faculty, are regarded as one of the components of Drew University for these purposes. The Director of the University Library will function as a dean in these matters and all others having to do with faculty status.
The Deans shall forward recommendations to the President, who shall make recommendations to the Board of Trustees. If the administration and the Board of Trustees differ with the faculty judgment on a matter of faculty status, the reasons for the disagreement shall be stated, and the Faculty shall have an opportunity for further consideration and further communication of its views. After this consultation, the Board shall make the final determination.
- Criteria for reappointment and promotion include integrity, effectiveness as a teacher, recognition as a scholar, and total contribution to the life and task of the University.
- Procedures for regular review of all ranks will be promulgated by the faculties of each component. The Dean will honor a request by a faculty member for a private review of individual status.
- The Deans shall receive recommendations concerning reappointment and promotion from the appropriate faculty committees and transmit them, together with their own recommendations, to the President.
- Renewal of annual or term appointments:
- The renewal of annual or term appointments is predicated on the annual review procedure outlined under A. through C. above.
- Persons on annual or term appointments shall be notified of their status for the following year by the Dean as follows:
- Not later than March 1 of the first academic year of service, if the appointment expires at the end of that year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination.
- Not later than December 15 of the second academic year of service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination.
- For persons below the rank of Assistant Professor, after the first year of service, no later than December 15 of the academic year in which the appointment terminates.
- For persons at the rank of Assistant Professor or above, at least twelve months before the expiration of an appointment after two or more years in the institution.
- Appointment or reappointment to a rank does not necessarily imply any subsequent reappointment at a higher rank or promotion to a higher rank.
- Reappointments shall depend not only upon the abilities of the individual faculty member, but also upon judgments concerning the size and deployment of the faculty.
Faculty members retained beyond the specified probationary period shall have permanent or continuous tenure. Continuous tenure conveys to a faculty member the right to hold a professorship until retirement, unless suspended or removed in accordance with the prescribed standards and procedures.
The acquisition of tenure is not a right of the faculty member based simply upon time spent in teaching or in research. Tenure at Drew must be earned through the faculty member’s demonstration of integrity, effectiveness as a teacher, recognition as a scholar, and total contribution to the life and task of the University.
The granting of tenure shall also depend upon judgments concerning the size and deployment of the Faculty.
Tenure does not preclude the possibility of legitimate redeployment. In addition to those duties and responsibilities of faculty members outlined in Article IV, tenured faculty members are expected to respond to the needs of the University to maintain educational flexibility. In doing so:
- Faculty members shall participate in the processes by which departments, programs, or schools determine and implement curricular and program changes.
- Faculty members are expected to consider teaching in areas or in disciplines in which they have competence other than that of primary specialization and to consider additional study or retraining so as to increase competence in areas where needed.
- Faculty members may request to teach in a different area providing they are qualified to do so.Relocation and/or retraining shall be undertaken so as to protect the scholarly integrity of faculty members as well as serve the educational needs of the University. Tenure status shall not be affected by the assumption of new duties or by undergoing training. Recommendations for relocation and retraining shall be made by the same processes that govern recommendations for appointment, promotion, and tenure.Beginning with appointment to the rank of full-time Instructor or a higher rank, the probationary period shall not exceed seven years, including within this period full-time service in all institutions of higher education, except in the circumstances specified below:
- When, after teaching full-time for more than three years in one or moreinstitutions, a teacher is appointed to the Faculty of Drew University, theprobationary period may be as many as, but not more than, four years, and atleast three years in the rank of Assistant Professor, even though thereby theperson’s total probationary period in the academic profession is extended beyond the normal maximum of seven years.
- Service in the ranks of Teaching Assistant, Teaching Fellow, Research Fellow, Postdoctoral Fellow, part-time Lecturer, or Visitor in any rank is not to be counted as part of the probationary period, nor is time spent in appointments at any rank that are not full-time.
- Leaves of absence are not to be counted as part of the probationary period.
- Under no circumstances shall continuous tenure be granted to a person in the rank of Instructor. While it is not normal practice to continue a full-time Instructor beyond six years of service at this rank, in certain cases–e.g., in the case of persons employed to teach elementary or intermediate sections of language or composition courses, or persons employed as professional librarians -a further appointment may be agreed upon by the President, the Dean, and the appointee.
- When a person is appointed to the Faculty of Drew University at the rank of Associate Professor, the determination of tenure may be deferred for no longer than three years, and for a person appointed to the rank of Professor be deferred for no longer than two years.
One year before completion of the probationary period, a candidate is to be notified in writing whether or not tenure shall be offered. If continuous tenure is not offered, the faculty member involved will indicate in writing whether or not he or she will continue in service to Drew University beyond the end of the academic year in which such notification is delivered, to the completion of the agreed-upon appointment terms, at which time no further reappointment will ordinarily be made.
Promotion to the rank of Associate Professor of those with prior service at Drew University shall entail the granting of tenure as of the date of approval of the promotion by the Board of Trustees.
Tenure shall not be granted to librarians, except as it may be extended to them as members of one of the other Faculties of the University.
The roles of Faculty, Deans, and the President in tenure decisions are set forth in the opening paragraphs of Article V.
- Sabbatical Leaves
- Sabbatical leaves with pay are granted by the University to full-time faculty members in order that they may increase their competence for more effective service to the University through intensive study and research.
- At the end of a six-year period of full-time appointment at Drew University, a member of the faculty is eligible for a sabbatical leave. Prior to the end of that period, the faculty member is expected to apply for the leave by submitting a proposal for scholarly research or study. Sabbatical leaves will be granted when it is judged that the proposal is satisfactory and when it is ascertained that the sabbatical leave is scheduled so that the faculty member’s absence will not bring about a serious distortion of the academic program. Sabbatical leave shall be for one year at half salary or for one semester at full salary. Under exceptional circumstances a sabbatical leave may be granted earlier. In no case shall more than two such leaves be granted within a fourteen-year period. -Normal consideration for increases in compensation is in no way forfeited by such leaves or any leave of comparable benefit to the ultimate effectiveness of the faculty member.
- A proposal for sabbatical leave shall first be reviewed by the Committee on Faculty [or, in the case of the College of Liberal Arts, the Deans Council] and the Dean of each faculty of which the applicant is a member.
- The Deans shall make recommendations to the President.
- The faculty member who accepts a sabbatical leave is normally expected to return to the University three years prior to retirement or resignation. Upon returning, the faculty member shall submit a report on the work of the sabbatical leave to the Dean and the appropriate faculty committees.
- A member of the faculty on sabbatical leave shall not accept regular employment for compensation without the prior written consent of the President.
- Initial Sabbatical: At the end of a three-year period of full-time appointment at Drew University, a member of the faculty may apply for an initial sabbatical which, if granted, shall be for one semester only. Faculty members receiving such an initial sabbatical will be eligible for another sabbatical at the end of another six year period of full-time appointment.
- Leaves of Absence: Leaves of absence, normally without pay, may be granted if current academic programs are not adversely affected. Such determination shall be made by the Dean’s Council (College of Liberal Arts), and Committee on Faculty (of the other faculties) and Dean of each faculty in which the faculty member participates, and the Deans shall make recommendations to the President. Leaves of absence might include, but not be limited to, leave to teach in another institution, leave to complete a major research project, leave to attend to pressing family business, or parental leave. The leave of absence shall not usually exceed one year and shall defer eligibility for sabbatical leave by an equivalent period. If granted to a non-tenured faculty member, such leave time will not count toward service for tenure consideration.
Although the University has a primary claim on the time and energy of its Faculty, it also recognizes that occasions may arise when temporary assignment – such as teaching or acting as a consultant at other institutions during the academic year – may benefit the University as well as the individual. Before accepting such an assignment, a faculty member shall obtain the written consent of the Dean or Deans and the President.
A member of the Drew University Faculty resigning an appointment is expected to give notice in writing to the President and the Dean or Deans involved as soon as other employment is accepted, and in any event not less than three months prior to the date of termination of the appointment. The faculty member is responsible for advising next employer of the three-month obligation to the University; exceptions to this must be agreed upon by the Deans concerned and the President.
Only four circumstances justify the termination of a faculty appointment with continuous tenure or of a probationary or special appointment before the end of the specified term: A. Financial Exigency, B. Discontinuance of an Academic Program or Department Not Mandated by Financial Exigency, C. Medical Reasons, D. Cause.
- Financial Exigency. Termination of an appointment with continuous tenure, or of a probationary or special appointment before the end of the specified term, may occur because the University as a whole is in a condition of financial exigency.
- Definition of Financial Exigency
- The term financial exigencyshall refer to either of the following conditions:
- A continuing financial crisis precipitated by a sudden major increase in unavoidable expenses and/or by a steep decline in income from tuition, endowment, gifts and grants, or other sources.
- Circumstances in which expenses gradually rise and/or income falls to the extent that normal attrition will not reduce the Faculty enough to prevent bona fide substantial and chronic operating deficits.
- More detailed specification of the conditions constituting financial exigency may be formulated from time to time.
- The term financial exigencyshall refer to either of the following conditions:
- Prevention of Financial Exigency
- Any actions needed to prevent a condition of financial exigency shall be undertaken according to normal planning procedures, including the customary consultation with appropriate faculty committees.
- The relocation of faculty members, including tenured faculty members, as reasonable and feasible, may be one of the measures taken to prevent financial exigency.
- Procedures Governing the Declaration of a Condition of Financial Exigency
- The Revenue and Resource Committee and the Expense and Allocation Committee shall participate in the decision that a condition of financial exigency exists or is imminent and that all feasible alternatives to termination of appointments, including appropriate relocation of faculty members, have been pursued. The Committee shall have access to all relevant information and shall have the opportunity to confer with representatives of the administration and Board of Trustees.
- The decision that a condition of financial exigency exists or is imminent shall be made by the Board of Trustees in consultation with the Revenue and Resource Committee and the Expense and Allocation Committee. The Board shall state the magnitude of the financial problem and the time period within which it must be overcome.
- Procedures Governing Plans that Include Termination of Faculty Appointments to Meet a Condition of Financial Exigency
- The President shall, after consultation with the University Senate Committee on Financial Exigency, or its equivalent, submit to the Board a plan for meeting the financial exigency. If in the development of the plan the Deans or President do not agree fully with those consulted, reason for such disagreement shall be stated in writing and opportunity given for them to express their views directly to the Board of Trustees or its designated committee. The Board shall make the final decision on the plan to be implemented.
- Should such plan call for terminations, initial judgments determining where within the overall academic program termination of appointments may occur shall be made by the Faculty or its representatives.
- The Faculty or its representatives shall also make initial judgments on the criteria for identifying the individuals whose appointments are to be terminated. These criteria may appropriately include considerations of length of service and contractual status.
- A person or group designated or approved by the Faculty shall recommend which individuals’ appointments are to be terminated, all due care being taken to avoid conflict of interest. Such recommendations shall be transmitted to the appropriate Dean or Deans and, along with their concurring or dissenting recommendations’, to the President. If the Deans or President do not agree fully with the Faculty recommendations, the procedure stated in 4.a. will be followed.
- If the appointment of a faculty member is to be terminated because of financial exigency, the notice shall be issued by the President.
- The faculty member who wishes to challenge the decision to terminate shall have the right to a full hearing before a faculty committee. The hearing need not conform in all respects with a Termination for Cause proceeding (see D.4 below), but the essentials of an on-the-record adjudicative hearing shall be observed. The findings of this committee shall be carefully considered by the Board of Trustees, whose judgment on the challenge shall be final. The issues in this hearing may include:
- The existence and extent of the condition of financial exigency. The burden shall rest on the administration to prove the existence and extent of the condition. The administration shall introduce the findings of the Revenue and Resource Committee and the Expense and Allocation Committee (3.a.) which shall be considered presumptively valid unless the faculty member offers substantial new evidence of a change in conditions.
- The validity of the educational judgments and criteria for identification for termination (4.b. above); but the recommendations of a faculty body on these matters shall be considered presumptively valid.
- Whether the criteria are being properly applied in the individual case.
- If the University, because of financial exigency terminates appointments, it shall not at the same time renew term appointments or make new appointments except where a serious distortion in the academic program would otherwise result.
- The appointment of a faculty member with tenure shall not be terminated in favor of retaining a faculty member without tenure, except where a serious distortion of the academic program would otherwise result.
- Before terminating an appointment because of financial exigency, the administration, with faculty participation, shall make every effort to place the faculty member concerned in another suitable position within the University.
- In all cases of termination of appointment because of financial exigency, the faculty member shall receive salary or notice in accordance with the following schedule: at least three months, if the final decision is reached by March 1 (or three months prior to the expiration) of the first of the year of probationary service; at least six months, if the decision is reached by December 15 of the second year (or after nine months but prior to eighteen months) of probationary service; at least one year if the decision is reached after eighteen months of probationary service or if the faculty member has tenure.
- In all cases of termination of appointment because of financial exigency, the place of the faculty member concerned shall not be filled by a replacement within a period of three years, unless the released faculty member has been offered reinstatement and a reasonable time in which to accept or decline it.
- Definition of Financial Exigency
- Discontinuance of an Academic Program or Department Not Mandated By Financial ExigencyTermination of an appointment with continuous tenure, or of a probationary or specified appointment before the end of the specified term, may occur as a result of bona fideformal discontinuance of a program or department of instruction. Relocation of faculty members according to normal planning procedures may occur as a result of a reduction in a program or department of instruction. In the case of termination resulting from the discontinuance of a program or department, the following standards and procedures will apply:
- The decision to discontinue formally a program or department of instruction will be based upon educational considerations as determined by the Faculty or appropriate committee thereof. If, through the processes of review and final decision, the administration and Board of Trustees differ with the faculty judgment, the reasons for the disagreement shall be stated and the Faculty shall have an opportunity for further consideration and further communication of its views.
- Before the President issues notice to a faculty member of the intention to terminate an appointment because of formal discontinuance of a program or department of instruction, the University will make every effort to place the faculty member concerned in another suitable position. If placement in another position would be facilitated by a reasonable period of training, financial and other support for such training will be proffered. If no such position is available, the faculty member’s appointment may then be terminated, with provision for severance salary equitably adjusted to the faculty member’s length of past and potential service.
- A faculty member may appeal a proposed relocation or termination resulting from a discontinuance and has a right to a full hearing before a faculty committee. The hearing need not conform in all respects with a Termination for Cause proceeding (see D.4. below), but the essentials of an on-the-record adjudicative hearing will be observed. The issues in such a hearing may include the University’s failure to satisfy any of the conditions specified in this section. In such a hearing a faculty determination that a program or department is to be discontinued will be considered presumptively valid, but the burden of proof on other issues will rest on the administration.
- Medical ReasonsTermination of an appointment with tenure, or of a probationary or special appointment before the end of the period of appointment, for medical reasons, will be based upon clear and convincing medical evidence that the faculty member cannot continue to fulfill the terms and conditions of the appointment. The decision to terminate will be reached only after there has been appropriate consultation and after the faculty member concerned, or someone representing the faculty member, has been informed of the basis of the proposed action and has been afforded an opportunity to present the faculty member’s position and to respond to the evidence. If the faculty member so requests, the evidence will be reviewed by an appropriate committee of the Faculty before a final decision is made by the University.
- Dismissal for Cause
- The cases that may arise under termination for cause can be classified in two categories: first, termination before expiration of a term appointment; second, termination of an appointment on continuous tenure. The procedure to be followed in either case is given below.
- The definition of adequate cause for dismissal cannot be made precise. The general areas of concern that obviously may generate charges of misconduct sufficient for dismissal – or other forms of action, such as reprimand or suspension – are professional incompetence, unprofessional actions, and unethical or criminal conduct. These are all sufficiently imprecise designations so as to make absolutely essential the setting forth of procedures to be followed in the event of termination by Drew University of an appointment falling into the two aforementioned categories.
- In all such instances, it is in the best interests of the individual, the Faculty, and the University to arrive at an equitable resolution that is fair to all concerned in an informal, private manner, with particular sensitivity to the reputation of the individual and the University. Formal procedures should be resorted to only when all possible informal efforts have failed to conclude in a mutually acceptable determination.
- The formal procedures are as follows:
- When the fitness of a faculty member is in question the appropriate administrative officer and/or faculty committees shall ordinarily discuss the matter with the individual. If a mutually satisfactory resolution of the matter does not result, the matter is to be referred to the Committee on Faculty or its equivalent, which shall make an informal inquiry; assist in arriving at an adjustment if possible; and, if none is effected, advise the administrative officers whether proceedings should be instituted toward a dismissal. If the Committee recommends that such proceedings should be begun, or if the President of the University, even after considering a recommendation of the committee favorable to the faculty member, expresses the conviction that proceedings should be undertaken, action should be commenced under the procedures which follow. Except where there is disagreement, a statement with reasonable particularity of the grounds proposed for the dismissal should then be jointly formulated by the President and the faculty committee; if there is disagreement, the President or designated representative should formulate the statement.
- This statement shall then be incorporated in a letter from the President to the faculty member, stating that an inquiry to determine whether he or she should be removed from the Faculty on the grounds stated will be conducted by the Professional Policies and Conduct Committee of the University Faculty, meeting at a specified time and place, sufficient time being allowed for the preparation of his or her defense, such period not to be less than fifteen days. The faculty member shall be informed in detail of the procedural rights that will be accorded, such as the right to be represented by a person of his or her choice from the Drew community and the right to be informed completely of the evidence on which the grounds proposed for dismissal are based. In particular, the procedures specified in Section e. below shall be made known. The faculty member shall reply in writing whether a hearing is desired, and, if so, shall answer in writing, not less than one week before the hearing, the statement in the President’s letter.
- Suspension of a faculty member during the proceedings against him or her may be imposed by the President only if unusual circumstances warrant and shall be with pay. Such suspension is not to be considered prejudicial to the faculty member’s case.
- The Professional Policies and Conduct Committee of the Drew University Faculty is a standing committee of seven members elected by the bodies they represent at the first autumn meetings of these bodies. Committee members shall represent respectively the Graduate Faculty, the Faculty of the Theological School, each of the four Divisions of the College of Liberal Arts, and the Library Faculty. The Committee shall elect its own chair. Alternate members from the same bodies are to be elected to serve whenever one or more of the regularly elected members are unavailable or choose to disqualify themselves from a particular case. The election of the members of the Committee should be on the basis of their objectivity and competence and on the high regard in which they are held in the academic community.
- The Professional Policies and Conduct Committee shall proceed by considering the statement of grounds for dismissal and the charges of conduct already formulated in the President’s letter, and the faculty member’s response. If the faculty member has not requested a hearing, the Committee shall consider the case on the basis of all obtainable information and evidence, and decide whether that individual should be removed or otherwise punished. If a hearing is chosen, the hearing shall be conducted in private unless the faculty member requests otherwise and the Committee concurs in the request. At the request of the President, the faculty member, or the Committee itself, the chair of the Professional Policies and Conduct Committee shall invite a representative of a responsible educational association to attend the proceedings as an observer. If any facts are in dispute, the testimony of witnesses, and other evidence concerning the charges, shall be received.
- The President of the University shall have the option to attend the hearing as an observer. The Dean of the appropriate Faculty shall attend the hearing as an observer. Each may also testify and be interrogated like any other witness where the evidence has a bearing on the case. The President may designate a representative who may be one of the Deans, to assist in developing and presenting the case. But the Professional Policies and Conduct Committee shall determine the order of proof, normally conduct the questioning of witnesses, and if necessary secure the presentation of evidence. The faculty member charged shall have the option of assistance by counsel, whose functions are to be similar to those of the representative chosen by the President. The faculty member shall have the aid of the Professional Policies and Conduct Committee and of the President in securing the attendance of witnesses. The faculty member or his or her counsel and the representative of the President shall have the right, within reasonable limits, to question all witnesses who testify orally. The faculty member shall have the right to be confronted by all the witnesses adverse to him or her. If, in the opinion of the Committee, very unusual circumstances make this impossible, the identity and statement of the witness shall be made known to the faculty member. Subject to these safeguards, statements may when necessary be taken outside the hearing and reported to it. All of the evidence shall be duly recorded, and the complete record of the hearing shall be available to the faculty member charged. If a charge of incompetency is involved, testimony shall include that of teachers and other scholars in the faculty member’s discipline. The hearing procedures shall not necessarily adhere to formal rules of court procedures.
- On the basis of the hearing, the Professional Policies and Conduct Committee shall reach its decision in conference, giving opportunity to the faculty member or his or her counsel and the President’s representative to summarize orally before it, and to submit written briefs if the Committee desires. The Committee shall then arrive at explicit findings with respect to each of the grounds for dismissal and charges of misconduct presented, and formulate its decision for or against removal or other punitive action against the faculty member. A transcript of the hearing may be used during this decision process, if needed. The President of the University and the faculty member shall be notified in writing of this decision and shall be provided with a copy of the record of the hearing.
- Without additional recommendations, the President of the University participating in the study of the case as a member of the Board of Trustees; shall transmit to the Board the full report of the Professional Policies and Conduct Committee, stating its action. If the Board of Trustees accepts the finding of the Professional Policies and Conduct Committee, the action becomes final. If the Board of Trustees chooses to review the case, its review shall be based upon the record of the hearing, accompanied by opportunity for oral and/or written argument by the principals or their representatives. The decision of the Committee shall either be sustained or returned to the Committee with specific objections in writing. In the latter case, the Committee shall then reconsider, taking account of the stated objections and reviewing new evidence, if any, framing and communicating its decision as before. Only after study of the Committee’s reconsideration shall the Board of Trustees make a final decision overruling the committee, and should state its basis for decision in writing. In fairness to all parties, it is assumed that each step outlined in this and other paragraphs shall be pursued expeditiously, without unnecessary delay.
- Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements about the case by either the faculty member or administrative officers shall be avoided until the proceedings have been completed. Publicity concerning the decision may properly be withheld until consideration has been given to the case by the Board of Trustees, and any release to the public shall be made only through the office of the President of the University. Announcements of the final decision shall include a statement of the Professional Policies and Conduct Committee’s original action.
- If, as a result of the hearing process, the University terminates an appointment, then if the faculty member so removed is on continuous tenure, that individual shall receive full pay at his or her current salary for at least one year after the date of dismissal or until accepting other employment, whichever is shorter. If the faculty member is not on continuous tenure but is serving a term appointment, that individual shall receive full pay at his or her current salary for a period of six months or until the end of the appointment term, whichever is shorter. However, in the event that termination results from criminal conduct, or conduct involving moral turpitude (as defined by the 1940 Statement of Principles on Academic Freedom and Tenure, with 1970 interpretive comments, formulated by the Association of American Colleges and the American Association of University Professors) and determined by the Board of Trustees with the advice of the Professional Policies and Conduct Committee, the Board of Trustees shall determine what payments, if any, to make beyond the effective date of dismissal, taking into consideration the length and quality of service of the faculty member prior to the operative facts constituting the basis for dismissal.
- The above procedures shall operate for all Drew University faculty members regardless of rank.
- Financial Exigency. Termination of an appointment with continuous tenure, or of a probationary or special appointment before the end of the specified term, may occur because the University as a whole is in a condition of financial exigency.
- If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave to justify imposition of a severe sanction, such as suspension from service for a stated period, the administration may institute a proceeding to impose such a severe sanction- The procedures outlined in the article “Termination for Cause” shall govern such a proceeding.
- If the Administration believes that the conduct of a faculty member justifies imposition of a minor sanction, such as a reprimand, it shall notify the faculty member of the basis of the proposed sanction and provide him or her with an opportunity to persuade the administration that the proposed sanction should not be imposed. A faculty member who believes that a major sanction has been incorrectly imposed under this paragraph, or that a minor sanction has been unjustly imposed, may make use of the Grievance Procedures stated immediately below.
There is no mandatory retirement age. Upon retirement, the title Emeritus or Emerita may be conferred to the professorial rank last held by the faculty member.
The Trustees reserve the right to amend and/or supplement this Faculty Personnel Policy. The University Faculty working in conjunction with its constituent faculties, may periodically review this document and make recommendations to the Trustees.