Approved by UIC Senate
March 11, 1999
PROPOSED AMENDMENTS TO THE UNIVERSITY STATUTES
ARTICLE IX. ACADEMIC AND ADMINISTRATIVE STAFFS
Section 5. SERVICES RENDERED THE UNIVERSITY (new paragraphs e.-k.)
e. 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) refusal 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) willful damage, destruction, or misappropriation of property owned by the University or any member thereof, or used in connection with a University function or approved activity; (3) threat of physical harm to, actual physical harm to, harassment, or intimidation of another member of the University community, with intent to interfere with that person's performance of University duties; or (4) serious violation of University policies on academic integrity or serious violation of University policies on conflicts of commitment and interest.
f. One or more of the following sanctions can be imposed for professional misconduct: (1) reimbursement to the University for damages to, destruction of, or misappropriation of 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.
g. Each campus will establish a nine-member Committee on Faculty Responsibility to evaluate charges of misconduct. Any member of the full-time tenured faculty will be eligible for membership except elected members of the Faculty Advisory Committee and those who hold an administrative appointment at the level of department head or chair and above. Three of the nine members of the Committee on Faculty Responsibility will be elected each year for three-year terms commencing on the first day of the academic year after their election. Members may not serve more than two, consecutive three-year terms.
Any eligible person may be nominated as a committee member by a petition signed by three members of the faculty electorate and filed with the clerk or secretary of the senate. The deadline for filing will be set by each campus senate. The clerk or secretary of the senate will conduct the election by University mail as soon as possible thereafter. All members of the tenure-track and tenured faculty are eligible to vote. The three eligible nominees receiving the highest number of votes will be declared elected. If vacancies arise between regular elections or if a member of the committee is unable to serve in any given academic year, the eligible nominee with the next highest number of votes at the most recent election will be declared a member of the committee or will serve during the absence of the regularly elected member of the committee.
No more than two members of the committee may hold paid appointments in the same college or in the same unit organized independently of a college.
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.
h. 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, request the Committee on Faculty Responsibility in writing to evaluate the evidence supporting sanction and will specify the sanction that is sought. 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.
i. 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. Seven members of the committee 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.
j. 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 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. The chancellor will then consult with the Faculty Advisory Committee. 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 recommendation. After considering the evidence provided by the Committee on Faculty Responsibility, and by the provost, and the recommendation of the Faculty Advisory Committee, the chancellor may impose the specified sanction, or the chancellor may dismiss the recommendation for sanction without prejudice to the faculty member charged. The chancellor will notify the faculty member charged of his/her decision. The faculty member may appeal the decision to the president within 20 days of receiving the chancellor's decision. The decision of the president may be appealed to the Board of Trustees.
k. In the event that sanction is imposed, a record of the action taken will be placed in the faculty member's personnel file.