Section 3: Faculty Contracts, Ranks, Responsibilities, and Benefits
3.17 Discharge for Cause
3.17.1 Determination of the Need for Immediate Action Should the President, following consultation with the Dean (and with the department chair in the case of a teaching faculty member), determine that a person holding faculty rank, whether tenured or not, is incapable of properly performing his or her duties because of serious misconduct or physical, psychological, or medical disability, the President is empowered to suspend with pay the individual from his or her assignment until such time as the procedure set forth below can be followed and a final decision made. The reasons for the suspension shall be communicated in a letter by the President to the person suspended within 7 working days. This action for suspension is taken with the expectation that a good faith effort for remediation will be made before moving to the procedure set forth below.
3.17.2 Bases for Termination of Employment for Cause Employment of a faculty member, whether tenured or not, may be terminated for cause, which may be any one or more of the following: (1) professional incompetence or lack of teaching effectiveness, (2) willful failure to support and abide by the University of Mary Washington Honor Code, (3) neglect of duty, (4) serious misconduct, (5) moral turpitude, and (6) physical incapacity or medical disability.
3.17.3 Procedures for Termination of Employment for Cause
.1 To initiate termination of a faculty member for cause, the President shall notify the faculty member in writing, citing the specific reason(s) and the date of termination.
2 The faculty member shall have thirty (30) calendar days from receipt of the written notification to request in writing to the President a hearing by an ad hoc Hearing Committee. If no request is presented within the designated time period, the termination notice shall be final.
.3 Upon receipt of a request for a hearing, the President shall establish an ad hoc Hearing Committee composed of six full-time, tenured teaching faculty members. Two members shall be designated by the President; two shall be selected by the faculty member; and the final two shall be selected by the four designated committee members from a roster of the full-time tenured teaching faculty of the College. The committee shall select its chair. Each phase of the selection process shall be completed within three working days, unless the President and the faculty member agree that additional time is reasonable or necessary because of unusual or extraordinary circumstances.
.4 The ad hoc Hearing Committee shall schedule a hearing within thirty (30) calendar days after it is established and shall notify the faculty member and the Dean of the time and place of the hearing. The administration shall have full opportunity to present its case, and the faculty member shall have the same opportunity. At their own costs, both parties shall have the right to have legal or academic counsel present. Both parties may have witnesses to testify on their behalf, and both may offer such records and written documents related to the situation as they may desire. The hearing shall not be open to the public unless requested by the faculty member. At University expense, a full record shall be kept of the hearing and shall be made available to both parties, the President, and the Board of Visitors.
.5 Within fifteen (15) calendar days following the hearing, the committee shall present in writing its findings and recommendations to the President and to the faculty member involved.
.6 The President shall give full consideration to the findings and recommendations of the committee and may hear additional evidence if he or she deems it appropriate. If additional evidence is heard from either party, the other party will be notified about the evidence introduced and given an opportunity to reply to the new evidence. Within fifteen (15) calendar days after receiving the report from the committee, the President shall render a final decision in the matter and communicate this decision to the faculty member. If the decision is termination, the faculty member shall be advised that he or she may, within fifteen (15) calendar days of receipt of notice of the President's action, appeal the decision in writing to the Board of Visitors.
.7 Should the faculty member submit a written appeal within the specified time limit to the Board of Visitors, the Board, or the Executive Committee thereof, shall within thirty (30) calendar days review the complete record of the hearing and the written appeal of the faculty member and shall render a final decision in the matter and so notify the faculty member and the President in writing.
.8 The termination procedure, as described herein, shall not apply to the nonrenewal of contracts of nontenured faculty.