USC
ST-30
Approved 9/8/99

Proposed Amendment to the University of Illinois Statutes: Terms of Faculty Employment

Article IX, Academic and Administrative Staffs
Sec. 6, Sanctions Other Than Dismissal For Cause

[New Section 6. Subsequent sections of Article IX are to be renumbered accordingly.]

a. Professional misconduct of the academic staff may result in imposition of sanctions other than dismissal. Grounds for sanctions will be limited to the following: (1) neglecting or refusing to perform reasonable and equitable assigned academic duties as determined by the departmental advisory/executive committee or a committee elected for the purpose by the unit faculty; (2) willfully and seriously damaging, destroying, or misappropriating property owned by the University or any member thereof, or used in connection with a University function or approved activity; (3) causing or threatening physical harm to, harassing or intimidating another member of the University community, with the effect of interfering with that person's performance of University duties; or (4) seriously violating University policies on academic integrity or policies on conflicts of commitment and interest.

b. One or more of the following sanctions may be imposed for professional misconduct: (1) reimbursement to the University for damaging, destroying, or misappropriating University property or services; (2) reasonable and equitable reassignment of duties for a specified period of time not to exceed one academic year; (3) temporary restriction of access to University property or services, or any part thereof, for a period not to exceed one academic year; or (4) suspension at reduced salary for a period not to exceed one academic semester, but with continued health and retirement benefits and minimal salary level as provided by law.

c. Each campus will establish a Committee on Faculty Responsibility to evaluate charges of misconduct. Each campus senate will, through its bylaws, establish membership criteria, terms of service, and an election process for this committee.

The committee will elect its own chair annually at its first meeting of each academic year. The committee will adopt its rules of procedures, copies whereof will be sent to all members of the academic staff (as defined in Article IX, Section 4a, and Article IX, Section 3c) and to the provost, the chancellor, and the president. The committee will make reports to the provost, the chancellor, the president, the senate, and the faculty, as it deems appropriate, at least once a year.

d. When, in the judgment of the provost, cause exists for imposing sanction upon a member of the faculty for one or more instances of misconduct, when the matter can not be handled administratively, and when the faculty member involved does not agree to the imposition of a sanction, the provost will, through the clerk or secretary of the senate, specify the sanction that is sought and request in writing the Committee on Faculty Responsibility to evaluate the evidence supporting sanction. The provost will also provide to the clerk or secretary of the senate for the use of the committee a statement of the charges and the evidence supporting sanction. Following the provost's request, the clerk or secretary of the senate will notify the faculty member named in the provost's request of the initiation of sanction proceedings.

e. The committee, following its notification by the clerk or secretary of the senate of the provost's request, will make such investigations and hold such consultations as it deems warranted. The committee will inform the faculty member being evaluated of the evidence supporting the allegation of misconduct and ensure that the faculty member has the opportunity to present evidence and argument in his/her defense. During its investigations, the committee will conduct its work in a timely manner, and it will maintain the highest degree of confidentiality. At least seventy five percent (75%) of the committee members must agree on a decision to impose sanction. After completing its evaluation, the committee will make recommendations in writing to the provost, either for the imposition of the sanction specified by the provost or for the withdrawal of charges of misconduct.

f. A recommendation by the committee against sanction will be final. Failure of the committee to agree to recommend imposition of the sanction sought by the provost will constitute a recommendation against sanction. Should the committee recommend imposition of the sanction sought by the provost, the provost may act upon that recommendation either by recommending the imposition of the sanction, or by dismissing the committee's recommendation to impose the sanction without prejudice to the faculty member charged.

Within twenty (20) days after receiving the committee's recommendations the provost will notify the chancellor and by certified letter the faculty member of his/her decision. After considering the evidence provided the provost, the chancellor may impose the specified sanction, or the chancellor may dismiss the recommendation for sanction without prejudice to the faculty member. The chancellor will notify in writing the faculty member of his/her decision. The faculty member may appeal the decision to the Faculty Advisory Committee within 20 days of receiving the chancellor's decision. The Faculty Advisory Committee will have available to it the full record of the proceedings in the case. The faculty member will have the right to appear before the Faculty Advisory Committee before it concludes its deliberations. The Faculty Advisory Committee will notify in writing the faculty member of its decision.

g. In the event that sanction is imposed, a record of the action taken will be placed in the faculty member's personnel file.