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.