FACULTY ADOPTED POLICIES
LAS FACULTY APPEALS COMMITTEE PROCEDURAL GUIDELINES
Proposed by the Policy and Development Committee on April 27, 1988
Adopted by the Faculty on November 10, 1988
Revised by the Faculty on November 7, 2002
- The Committee
- As an elected Committee of the College of Liberal Arts & Sciences, the Faculty Appeals Committee is responsible to the faculty of the College of LAS.
- As specified in the College of LAS Bylaws, the Faculty Appeals Committee will consider appeals of faculty personnel decisions made at the level of the Department, or comparable unit, the School, or the College, especially those that pertain to the following areas: rollbacks, promotion and/or tenure, sabbatical leaves, leaves of absence without pay, nonreappointment, and termination (section VI.E.2(a).) Excluded are appeals or any aspects of an appeal based solely on discrimination by reason of race, gender, sexual orientation, national origin, religion, age, handicap, or status as a disabled veteran or veteran of the Vietnam era; such appeals are to be handled by the University's Affirmative Action Office. An appeal may be brought simultaneously or subsequently to the LAS Faculty Appeals Committee and the Affirmative Action Office.
- In performing its functions, the Committee shall make such investigations and hold such consultations as it deems necessary to arrive at responsible recommendations consistent with the academic policies of the College and of the University.
- Composition and Voting Procedures
- The LAS Faculty Appeals Committee shall consist of eight members of the rank of Associate Professor and above, one elected from each of the eight electoral groups in the College. No executive officer of any unit or serving member of the LAS Executive Committee may serve on the Committee. Each spring semester the Committee will elect a chair from among its continuing members. The Officer of the College who serves as liaison to the Committee will convene the initial meeting for the purpose of electing a chair.
- Electoral groups and election procedures shall be as specified in the College Bylaws.
- Five members shall constitute a quorum.
- A member shall be disqualified from participation in discussing and voting on a case involving an appellant from that member's Department, or comparable unit. The full Committee may also disqualify from participation in a case in which previous knowledge or involvement might reasonably be thought to prejudice their opinions.
- A majority of members present at a meeting and qualified to consider a case, according to Section A.2.d, above, are required to pass all motions pertaining to appeals. In the case of a tie vote, a motion fails.
- The Chair, as an elected member, is entitled to vote on all motions, except as noted in Section A.2.d. above.
- Appeals Procedures
- Appeals of Decisions Made on the Department, School, or College Levels
- A faculty member who decides to appeal a personnel decision made by a Department (or comparable unit) or a School should ordinarily first follow the appeals procedures provided for in the bylaws of the unit which made that decision. Unless specified otherwise in these bylaws, this appeal should be made within thirty days after the faculty member is notified of the decision.
- A faculty member who decides to appeal a personnel decision made by the College should first appeal to the Executive Committee of the College through the executive officer(s) of his/her unit(s) or School within thirty days after notification of the decision.
- Appeals to the LAS Faculty Appeals Committee
- A faculty member who is dissatisfied with the results of the first appeal to the unit, School, or College may appeal to the LAS Faculty Appeals Committee within thirty days of notification of that result.
- A written appeal can be directed to any member of the Committee. The appeal should contain a summary of evidence justifying the appeal and should state what prior appeals procedures (if any) have been followed. The appellant will supply a copy of the appeal to the executive officer(s) of the unit(s) which made the decision being appealed.
- Within 5 working days after receipt of an appeal, directly or forwarded by a Committee member, the Officer of the College who serves as liaison to the Committee will request a written summary of the reasons for the decision being appealed from the executive officer(s) of the unit(s) concerned. This summary must be sent to the liaison within 10 working days of the receipt of the request, and promptly provided by him or her, along with the appeal, to qualified (see A.2.d) committee members. A copy of this summary will be given to the appellant.
- Within reasonable time, the Committee will then meet to conduct an initial evaluation of the appeal. The appellant has the right to appear before the Committee at that time to make a statement and answer questions.
- If the Committee decides not to investigate the appeal further, it must communicate in writing the reasons for its decision to the appellant and the executive officer(s) concerned.
- If at least two members of the Committee eligible to consider the case believe that there is a basis for the appeal, the Committee will instruct the Chair either to (a) take up the matter with appropriate College authorities, or (b) appoint a case subcommittee from its membership which shall investigate the matter and report its findings and recommendations to the Committee.
- The case subcommittee will obtain all documents pertaining to the decision under appeal, and to all previous appeals of the decision from both the appellant and the executive officer(s) of the unit(s) involved. It may obtain whatever documentation it deems relevant from sources in the College as well as any additional documentation from other sources it deems necessary. It may conduct whatever interviews it deems desirable. An appellant has the right to be fully apprised of evidence collected by the case subcommittee provided that anonymity of sources is preserved. When satisfied that enough information has been gathered and evaluated, the case subcommittee will report to the Committee with its recommendation(s), which may include minority reports.
- The Committee shall review the case subcommittee report(s) and any other information it considers relevant, and may take one or more of the following actions:
- Uphold the decision of the unit(s) concerned.
- Recommend to the governing body of the unit concerned that the decision be reconsidered within that unit.
- Arrange meetings with the appellant and/or executive officer(s) concerned to explore the possibilities of carrying out the Committee's recommendation(s) in a way appropriate to the case and acceptable to the parties involved.
- Recommend that an appropriate body be appointed to conduct a new evaluation of the appellant's entire performance. In such cases the Committee may propose the procedures for such an evaluation.
- Take any other action(s) it deems necessary to be in the best interest of the College and the University and fair to the faculty member involved. Such actions may include specific recommendations about the case to the appropriate School, College, or University officers.
- Any final Committee recommendation(s) must be made in writing to the appellant and to the executive officer(s) of the unit(s) concerned and must supply the basis and rationale for the recommendation(s). Copies must be sent to the Dean.
- Appeals of Decisions Made on the Department, School, or College Levels