SP.94.02
April 21, 1997
APPROVED BY UIUC SENATE
UNIVERSITY OF ILLINOIS
URBANA-CHAMPAIGN SENATE
University Statutes and Senate Procedures
(Action;Second Reading)
SP.94.02 Proposed Statutory Changes Re: Terms of Employment Amendment to Article X
BACKGROUND
The Report of the Senate Council Subcommittee to Review the Proposed Statutory Revision ST-30, Terms of Employment, XTE.95.01 was submitted to the Senate on March 27, 1995 and is attached for reference. It spells out in detail the results of an extensive study by the Subcommittee on possible statutory revisions regarding terms of employment, specifically sanctions for alleged misconduct other than dismissal. The Senate Committee on University Statutes and Senate Procedures has studied this report extensively and has prepared the following suggested revisions to the Statutes. USSP offers a concise set of revisions by adding a new Section 2 to Article X without any changes in Article IX.
USSP strongly recommends that the present procedures for possible dismissal enumerated in Article X, Section 1, except for the appeal procedures, be applied to any process dealing with all proposed sanctions other than dismissal. It is USSP's view that the imposition of any sanctions would have a chilling effect on all faculty members' professional careers and, consequently, proper due process must be observed at all times.
Of special note are the implications associated with suspension without pay or with partial pay on health and retirement benefits, both of which are mandated by law. It would appear that the University cannot make exceptions. Consequently, additional penalties are visited on academic staff under suspension with reduced pay. These are:
- Suspension without pay
(a) Health insurance premiums will be paid by the University for 30 days after this period; thereafter, the staff member must pay full premium costs.
(b) If the staff member wants service credit for this period then he or she must pay the employee contribution (now 8%), after which the employer contribution is paid.
- Suspension with partial pay
(a) If the pay rate is 50% or more, then health insurance continues, but the staff member may have to pay a portion of the premium, depending on when he or she was first employed by the University. If paid less than 50%, then the situation is the same as that described above under suspension without pay.
(b) If on partial pay, the staff member's contributions to retirement will be deducted and he or she will receive service credit in accordance with SURS policy. The employer's contribution will be paid.
The partial pay or no pay suspensions can also be handled by a formal leave. Then the staff member has the option of receiving full retirement service credit for that period, provided he or she pays the employee contribution.
Based on the discussion at the First Reading on April 7, 1997, USSP has made the following changes to this proposal:
· Coverage of academic professional staff has been dropped. The phrase "academic staff member" has been changed to "faculty member" throughout.
· The phrase "sanctions short of dismissal" has been changed to "sanctions other than dismissal", which is the terminology used in the section title. The words "other than" seem to be a better choice. This is a cosmetic change only.
· Subsection (a)(iii) has been edited to ensure that no one attempts to force counseling on the President or Chancellor.
· A new sentence has been added at the end of subsection (b) to clarify that restitution (for example) is not limited to the proceedings of this proposed process.
· Subsection (c)(4) has been edited, based on the suggestions of Professor Peter Loeb, but without reference to the tricky word "intent".
· Most of the time limits on the various stages of the proceedings are specified in the existing Article X, Section 1e of the Statutes. However, subsection 1e(7) (appeals) is excluded, so the time limits found there do not apply. Accordingly, new wording has been added to subsection (e) of this proposal, beginning at the end of the second sentence, to provide suitable time limits on the appeal process.
· The sentences near the end of subsection (e) have been reordered for clarity, and the last sentence has been slightly edited.
· The end of subsection (f) has been rewritten to specify that, in cases arising out of policies established under that subsection, the judgement of whether a faculty member's conduct violates that policy will be determined under that policy, but the penalty will be determined separately using the procedures in the Statutes.
RECOMMENDATIONS
The Senate Committee on University Statutes and Senate Procedures recommends approval of the following modifications to the University Statutes dated February 1994.
PROPOSED AMENDMENTS TO THE UNIVERSITY STATUTES,
Article X, New Section 2:
Section 2 SANCTIONS OTHER THAN DISMISSAL FOR CAUSE
(a) Sanctions other than dismissal for cause may be imposed on a faculty member provided the same procedures as those enumerated in Article X, Section 1 e (1) through (6) and (8) and (9) are followed, except that (i) under this Section, the Chancellor or the Chancellor's designee shall exercise the duties assigned to the President for academic staff who are members of campus units, and in all cases the process to be followed will be that of the campus on which the unit resides; (ii) appeals may be taken to the Senate Committee on Appeals instead of the Board of Trustees once sanctions have been affirmed by the Senate Committee on Academic Freedom and Tenure; (iii) the process ends if at any point in the proceedings the faculty member and the President/Chancellor both elect to accept in writing specific sanctions or counseling or other rehabilitation of the faculty member for conduct other than that related to one or more disabilities, or if the President/Chancellor drops the charges; and (iv) under exceptional circumstances the President/Chancellor may impose temporary restrictions on access to University property and/or services by following the procedures of Article X, Section 1 e (8).
(b) The procedures of this Section 2 will be initiated only after discussions are held between the faculty member and appropriate administrative officers looking toward a mutual settlement. The initiation or pendency of proceedings under this Section 2 shall not be deemed to prevent or delay the University or any other person from pursuing any other remedy available to such person against the faculty member for conduct allegedly violating subsection (c) below.
(c) Adequate due cause for sanctions other than dismissal shall be restricted to actions clearly related to University activities and shall be limited to the following: (1) engaging in professional misconduct in the performance of University duties or academic activities, (2) neglecting or refusing to perform reasonable assigned academic duties, (3) violating Senate-approved Campus or University regulations or policies related to conduct of academic duties, (4) acting outside the appropriate exercise of University responsibilities so as willfully to physically harm, threaten physical harm to, harass or intimidate a visitor or a member of the University community with the effect of interfering with that member's performance of University duties or academic activities, (5) willfully damaging, destroying or misappropriating property owned by the University or any property used in connection with a University function or approved activity, or (6) conviction in a court of law for a felony that is clearly related to the performance of University duties or academic activities.
(d) When misconduct is determined to have occurred either by the Senate Committee on Academic Freedom and Tenure or by a duly specified procedure under Article X, Section 2 (f), sanctions other than dismissal shall be one or more of the following: (1) restitution or other forms of compensation to the University for damages to, destruction of, or misappropriation of University property or services, (2) temporary reassignment of or other restrictions on assigned duties, (3) temporary or permanent restrictions on access to University property or services, the abuse of which constituted the offense, (4) suspension with salary, or (5) suspension without salary or at reduced salary for a period not to exceed one half of the faculty member's appointment year, but with continued health and retirement benefits as provided by law.
(e) Based on either substantive or procedural grounds, appeals of decisions by the Senate Committee on Academic Freedom and Tenure pertaining to sanctions other than dismissal may be filed in writing by the faculty member with the Senate Committee on Appeals. The appeal shall be limited to the review of the record and any additional submitted written document(s), and must be made within thirty days after transmittal of the findings, conclusions, and recommendations of the Committee on Academic Freedom and Tenure, or, if the faculty member filed no request for a hearing before that committee, within fifteen days after the expiration of the period specified in subparagraph 1e (3) for the filing of such a request. The Senate Committee on Appeals shall submit its report within thirty days after receipt of the record and any additional submitted written document(s). If the Senate Committee on Academic Freedom and Tenure or, if appealed, the Senate Committee on Appeals, concludes that adequate cause for sanctions other than dismissal has not been established by the evidence in the record, it will so report to the President/Chancellor. If the Senate Committee on Academic Freedom and Tenure or, if appealed, the Senate Committee on Appeals, concludes that adequate cause for the imposition of sanctions other than dismissal has been established, but lesser sanctions than those recommended by the President/Chancellor would be more appropriate, it will so recommend, with supporting reasons. If the President/Chancellor rejects the recommendations in the report, the President/Chancellor will state the reasons for doing so, in writing, to the hearing or appeals committee and to the faculty member, and provide an opportunity for response.
(f) Detailed policies on related matters, such as academic integrity, conflict of interest, sexual harassment, may be established and amended by the President with the advice of the Senates and the University Senates Conference under procedures described in Article XIII, Section 8 of the Statutes. Imposition of sanctions for an alleged violation of any such policy shall be determined under this section. However, the findings of fact made in these prior proceedings shall be presumed to have been established subject to rebuttal on grounds inter alia of the thoroughness and fairness of the proceeding giving rise to them.
Note: Existing Section 2 will become Section 3.
SENATE COMMITTEE ON
UNIVERSITY
STATUTES AND SENATE PROCEDURES
H. George Friedman, Jr., Chair
Eric Chamberlain
Robert C. Damrau, Ex officio
C. K. Gunsalus Ex officio (designee)
Harry H. Hilton
John W. Kindt
Gayle G. Layman, Observer
Vera V. Mainz, PAC Liaison
Alejandro R. Oviedo
Lois M. Pausch
Mark E. Roszkowski