Revised Academic Personnel Policy 015, The Faculty Code of Conduct, and New Academic Personnel Policy 016, University Policy on Faculty Conduct and the Administration of Discipline

 

 

Summary of Proposed Revisions

The existing APM - 015 has been divided into two policies.  The revised APM - 015 contains only the Faculty Code of Conduct and the new APM - 016 contains the language from the University Policy on Faculty Conduct and the Administration of Discipline.

 

 

List of Proposed Changes

Revised APM - 015

APM - 015 Preamble and Part II -- Professional Responsibilities, Ethical Principles, and Unacceptable Faculty Conduct

• Language was added to clarify that the Faculty Code of Conduct is not limited to the types of unacceptable conduct enumerated in the Code, and that other types of conduct may be the basis for disciplinary action if the conduct meets the standard set forth in the Code for unacceptable faculty conduct.

APM - 015 Part II -- Professional Responsibilities, Ethical Principles, and Unacceptable Faculty Conduct

• Language was added to clarify that the section on students applies to all individuals under the academic supervision of a faculty member.

• Language referring to discrimination was updated to conform to changes in law and University policy.

• The word "knowing" was deleted from the existing provisions regarding violation of University policy applying to non-discrimination on the basis of disability.

• The phrase "research misconduct" was added to the existing provision for types of unacceptable conduct relating to violations of canons of intellectual honesty.

• Language was added to make discrimination, including harassment, against University staff a type of unacceptable conduct.

• Language was added to make violation of University policies governing the professional conduct of faculty a type of unacceptable conduct.

APM - 015 Part III -- Enforcement and Sanctions

• The existing section containing principles recommended as guidelines in developing divisional disciplinary procedures was divided into two sections, one with mandatory principles and one with recommended principles.

• Language was added requiring that no disciplinary action may proceed if more than three years have passed between the time the Chancellor knew or should have known of the alleged violation and the delivery of the notice of proposed disciplinary action.

• Language was added requiring that the Chancellor may not initiate notice of proposed disciplinary action unless there has been a finding of probable cause.

• Language was modified to reflect that divisional procedures must include designation of the following disciplinary sanctions authorized in the University Policy on Faculty Conduct and the Administration of Discipline:  written censure, reduction in salary, demotion, suspension, denial or curtailment of emeritus status, and dismissal from the employ of the University.

• Language was added to clarify that staff, in addition to students, faculty, the administration and other members of the University community, may bring forward allegations of misconduct.

• Language was added to encourage Divisions to provide faculty investigators with training, consultation or legal counsel to assist with the investigation of faculty disciplinary cases.

• Language was added to encourage Divisions to develop procedures for mediation of disciplinary cases.

• Language was added to encourage Divisions to develop procedures to allow information about ongoing disciplinary proceedings to be shared with the complainant(s) to the extent allowable by State law and University policy.

• Language was added to encourage Divisions to develop reasonable time frames for the conduct of disciplinary procedures.

• Language was added to encourage Divisions to develop procedures for keeping records of disciplinary matters in a confidential manner and sharing such records with Senate and administrative officers with a need to know in accordance with State law and University policy.

New APM - 016

 

This new policy sets forth the University Policy on Faculty Conduct and the Administration of Discipline that is currently part of APM 015.

New APM - 016 Section I -- Introduction and General Policy

• Language was added to clarify that the Faculty Code of Conduct applies to the professional responsibilities of faculty but that faculty members, like all other members of the University community are subject to general rules and regulations and may be subject to appropriate administrative actions for failure to comply with such regulations.

• Language was added to address cases where the Chancellor’s tentative decision to impose discipline on a faculty member disagrees with the recommendation of the Divisional Privilege and Tenure Committee.

New APM - 016 Section II -- Types of Disciplinary Sanctions

• A new disciplinary sanction of denial or curtailment of emeritus status was added and the current disciplinary sanction of demotion was divided into two separate sanctions: demotion and reduction in pay (without demotion).

• Language was added to clarify that written censures should be maintained in a designated personnel file or files for a period of time specified in writing.

• Language was added to clarify that demotion as a sanction should be imposed in a manner consistent with the merit based system of advancement and is appropriate only when the misconduct is relevant to the academic advancement of the faculty member.

• Language was added to clarify that suspension as a sanction is without pay and may include the loss of normal faculty privileges such as access to University property, participation in departmental governance and other campus privileges. 

• Language was added to permit a Chancellor to waive or limit the imposition of a disciplinary sanction on the condition that the accused faculty member perform some specified actions designed to address the harm caused by the misconduct.

• Language was added to clarify the difference between suspension as a sanction and involuntary leave which may be imposed prior to the initiation of disciplinary action if it is found that there is a strong risk that the accused faculty member’s continued presence on campus will cause immediate or serious harm to the University community.

• Language was added to clarify existing policy that in rare and egregious cases a Chancellor may be authorized by special action of The Regents to suspend the pay of a faculty member on involuntary leave pending a disciplinary action, and to clarify grievance procedures for faculty members subject to such actions.

New APM - 016 Section III -- Procedures for Imposition of Disciplinary Sanction

• Language was added to clarify the difference between disciplinary actions and grievance actions as reflected in the new proposed Bylaws of the Academic Senate 334-337, in that a disciplinary action generally is commenced by the administration against a faculty member based on charges that have been investigated and found to have probable cause, and a grievance action is initiated by a faculty member who believes that he or she has suffered injury as the result of a violation of the faculty member’s rights and privileges.

• Language was added to clarify that the Faculty Code of Conduct also applies to faculty members holding administrative appointments and that such faculty members may be subject to disciplinary action under the Code for professional misconduct in the their administrative appointments in addition to administrative actions involving the removal of their administrative title.