General Procedures
The purpose of the Review Board is to hear complaints from Faculty members who seek redress for administrative decisions relating to tenure, termination, or dismissal, or to hear complaints from Faculty members about conditions of employment involving administrative actions or the actions of another member of the Faculty. Complaints to the Review Board shall be heard by a panel of three members to be selected by the Chair of the Review Board. If the Chair is not serving on the panel, the Chair shall appoint a panel member to serve in that capacity. All decisions by the panel shall be made by majority vote. Because a conflict of interest may exist, or appear to exist, either the complainant or the individual(s) against whom the complaint is brought may ask that one or more members of a panel be replaced with other members of the Review Board. Requests for substitutions shall be made in writing to the Chair of the Review Board, and shall include an explanation. The Chair of the Review Board has the authority to make substitutions or to deny the request if he or she believes it to be unnecessary or unreasonable.
The proceedings of the review panel shall be closed and its deliberations shall be confidential. All parties involved in a proceeding and all other members of the College community shall recognize that except as otherwise provided herein a review panel's proceedings and written recommendations shall remain confidential.
If the review panel's recommendations are not accepted by the individual(s) against whom the complaint is directed, the Chair of the Academic Affairs Committee of the Board of Trustees may be informed of this outcome by either the Review Board or the complainant. The complainant may not take this step without the written support of the Review Board. In the event it is so informed, the Academic Affairs Committee may have access to the review panel's written recommendation and all records pertinent to the proceeding and communicate with the Review Board and the parties directly involved in the proceeding. The Academic Affairs Committee of the Board of Trustees will take appropriate action.
Review of Decisions to Terminate An Appointment For Reasons of Financial Exigency or Fundamental Curricular Change, or During the Probationary Period
The Review Board shall have the authority to review and make recommendations on a complaint from a Faculty member whose appointment has been terminated for reasons of financial exigency or fundamental curricular change or during the probationary period in cases where the Faculty member alleges that he or she has not received adequate and appropriate consideration. It is the prerogative of the administration and/or the appropriate committee (see Termination of a Tenured Position) to make substantive judgments about an individual's continued appointment, and the Review Board shall not substitute its judgment on these matters for the administration or the appropriate committee.
Complaints to the Review Board shall be made in writing and sent to the Chair of the Review Board and the President of the College within fourteen days of the complainant's receipt of written notice of termination. The Board may grant additional time if the complainant can demonstrate in writing that he or she could not reasonably have filed the complaint within this period. The complaint shall state the basis for alleging that adequate and appropriate consideration was not given. The Review Board shall name a panel to address the complaint. In determining whether the decision was based on adequate and appropriate consideration, the review panel shall have access to all relevant information and may interview all pertinent individuals.
All parties to the proceeding shall have the right to appear in person before the review panel. The Faculty member may have an adviser present when appearing before the panel. The adviser must be chosen from the Faculty or the administration of the College. The review panel may admit any evidence it determines to be useful and relevant, and its recommendations shall be based solely on that evidence. Each party may call a reasonable number of persons to speak on his or her behalf. The review panel in its sole discretion may limit the number of people to be called if the number requested is deemed excessive and if, in the judgment of the review panel, the information to be presented is likely to be redundant. The panel may ask either party to explain why a specific individual should be called. If the review panel declines the request of either party for the panel to hear testimony by other persons, it shall convey its response in writing with an indication of the reason or reasons, with the understanding that confidential aspects of the proceeding will not be included in the explanation.
If both parties appear before the review panel at the same time, each party may question any person called to speak. Whether or not any parties appear before the panel, either together or separately, the panel, at an appropriate time, shall inform each party in writing of the substance of relevant information submitted by the other party or parties, with the understanding that confidential aspects of the proceeding will not be included therein. All parties shall have the opportunity to respond to or rebut such information before the panel issues its final recommendations.
If the review panel finds that the complainant has been denied adequate or appropriate consideration, it shall send its written recommendations to the Chair of the Review Board who shall send the recommendations to the appropriate individuals and request rectification from them. The recommendations shall be sent by the Chair of the Review Board within sixty days of receipt of the complaint by the Review Board, unless unusual circumstances arise that require additional time. At the same time, the Chair shall send copies of the recommendations to the complainant, the President of the College, and the Dean of the College. Unless unusual circumstances arise that require additional time, the appropriate administrative official or the chair of the appropriate committee shall respond in writing to the Chair of the Review Board, members of the review panel, the complainant, the President of the College, and the Dean of the College within 30 days of the date that the recommendations were sent by the Chair of the Review Board, notifying these individuals of the actions taken or to be taken.
If the review panel finds that adequate and appropriate consideration was given to the complainant, it shall inform the complainant, the Chair of the Review Board, the President of the College, the Dean of the College, and, if pertinent, the appropriate committee chair in writing within sixty days of receiving the complaint, unless unusual circumstances arise that require additional time.
Review of Dismissals for Cause
A Faculty member who believes that he or she has been improperly dismissed for cause or that the decision to dismiss for cause constitutes a violation of academic freedom may request a hearing before the Review Board. Such a request shall be submitted in writing to the Chair of the Review Board within thirty days of notice of dismissal and shall explain the reasons for the request. The Board may grant additional time if the complainant can demonstrate in writing that he or she could not reasonably have filed the request within this period. Within fourteen days after the request is filed, the Board shall decide whether the request raises issues that it is constituted to review. If the Board decides to hear the complaint, it shall notify the President of the College and request written information from all appropriate sources. If the Review Board decides not to hear the complaint, it shall notify the complainant, the President of the College, and the Dean of the College within one week of its decision.
The administration shall cooperate with the review panel by providing access to the evidence upon which its decision was based. All parties to the case have the right to appear in person before the review panel. The Faculty member may have an adviser present when appearing before the panel. The adviser must be chosen from the Faculty or the administration of the College. The review panel may admit any evidence it determines to be useful and relevant, and its recommendations shall be based solely on that evidence.
Each party may call a reasonable number of individuals to speak on his or her behalf. The review panel in its sole discretion may limit the number of people to be called if the number requested is deemed excessive and if, in the judgment of the review panel, the information to be presented is likely to be redundant. It may ask either party to explain why a specific individual should be called. If the review panel declines the request of either party for the panel to hear testimony by other persons, it shall convey its response in writing with an indication of the reason or reasons, with the understanding that confidential aspects of the proceeding will not be included in the explanation.
If both parties appear before the panel at the same time, each party may question any person called to speak. Whether or not any parties appear before the panel, either together or separately, the panel, at an appropriate time, shall inform each party in writing of the substance of relevant information submitted by the other party or parties with the understanding that confidential aspects of the proceeding will not be included therein. All parties shall have the opportunity to respond to or rebut such information before the panel issues its recommendations. A taped record of the proceeding shall be made available to all parties by the Chair of the Review Board.
The Review Board shall send its written recommendations and all records pertinent to the proceeding to the Academic Affairs Committee of the Board of Trustees within sixty days of receipt of the complaint by the Review Board, unless unusual circumstances arise that require additional time. Copies of the recommendations shall be sent at the same time to the complainant, the President of the College, and the Dean of the College. The Academic Affairs Committee shall then draw its conclusions, submitting them in writing to the Board of Trustees. The Board of Trustees shall make the final decision in the case, notifying the complainant, the President of the College, and the Dean of the College of its decision.
Review of Complaints Regarding Conditions of Employment
A Faculty member who believes that he or she has received unfair treatment with regard to individual conditions of employment involving administrative actions or the actions of another member of the Faculty may file a written complaint with the Chair of the Review Board. “Conditions of employment” is understood to include such matters as an individual’s salary or promotion; access to sabbaticals, leaves of absence, and professional development funds; and assignment of classes and committee responsibilities. The complaint shall describe the nature of the conflict in detail and include all pertinent information in support of the allegation of mistreatment. The complainant shall supply this information in writing within two weeks of filing the complaint or ask the Chair of the Review Board for an extension, providing a valid reason for the requested delay.
The Review Board has the authority to determine whether the complaint raises issues that it is constituted to review and to determine whether to hear the complaint. It shall make this determination within two weeks of receiving the pertinent information from the complainant. In no case shall the Review Board hear a complaint unless all administrative means of dealing with the matter have been exhausted.
If the Review Board decides not to hear the complaint, it shall inform the complainant in writing within one week of reaching its decision, providing the reasons for its decision. Copies of this report shall be sent to the President of the College and the Dean of the College.
If the Review Board decides to hear the complaint, it shall name a panel which shall notify in writing the person or persons against whom the complaint is filed and shall ask that person (or those persons) to provide all information pertinent to the complaint within two weeks. Submission of this information shall be in writing. An extension may be granted if requested in writing, provided that a valid reason is given. If either party fails to provide pertinent documentation within the allotted time, the review panel has the right to dispose of the proceeding case at that point based on the information it has. After reviewing the information provided to it by both parties, and after interviewing all pertinent individuals, the review panel may decide to attempt to resolve the issues by mediating a settlement that is satisfactory to all parties involved. The review panel may bring the parties together in order to provide the opportunity for the two sides to hear each others’ claims, explain or refute allegations or counter-allegations, and question each other.
Whether or not any parties appear before the review panel, either together or separately, the review panel, at an appropriate time, shall inform each party in writing of the substance of relevant information submitted by the other party or parties, with the understanding that confidential aspects of the proceeding will not be included therein. All parties shall have the opportunity to respond to or rebut such information before the panel issues its recommendations. The Faculty member may have an adviser present when appearing before the review panel. The adviser must be chosen from the Faculty or administration of the College. The review panel may admit any evidence it determines to be useful and relevant, and its recommendations shall be based solely on that evidence. Each party may call a reasonable number of persons to speak on his or her behalf. The review panel in its sole discretion may limit the number of people to be called if the number requested is deemed excessive and if, in the judgment of the panel, the information to be presented is likely to be redundant. The review panel shall have the right to ask either party to explain why a specific individual should be called. If the review panel declines the request of either party for the panel to hear testimony by other individuals, it shall convey its response in writing, indicating the reason or reasons, with the understanding that confidential aspects of the proceeding will not be included in the explanation.
If a successful solution can be mediated, that solution shall be put in writing by the review panel and signed by the members of the panel and each of the parties involved. Copies shall be sent to the complainant, the Chair of the Review Board, the President of the College and the Dean of the College.
If the review panel does not view mediation as an appropriate option, or if successful mediation cannot be achieved, the panel shall draft a statement of its recommendations on the basis of information gathered during the proceeding. It shall put its recommendations and their rationale in writing and submit a copy to the complainant, to the Chair of the Review Board, the President of the College, and the Dean of the College. It is the responsibility of the President or the Dean to take final action.