University of Tulsa Faculty Senate
Procedures of the University Faculty Appeals Board of the University of Tulsa
Adopted September 12, 2008
Approved by the University of Tulsa President, Dr. Steadman Upham on September 15, 2008
There is hereby adopted by the University Faculty Appeals Board of the University of Tulsa (the “Board”) procedures for appeals filed with that Board. This document is governed by the STATEMENT ON ACADEMIC FREEDOM, RESPONSIBILITY, AND TENURE (the “Blue Book”). This document supersedes and replaces all prior procedures for this board
I. The University Faculty Appeals Board
1. Adoption of Procedures of the Board.
“[The University Faculty Appeals Board] ... shall have detailed, written procedures consistent with the requirements of ... [the Blue Book]. These requirements will be reviewed annually during the organizational meeting of the body at the beginning of the academic year, or at a time specified by the Faculty Senate.” (Blue Book VI.B)
The Board shall communicate with the appropriate body or person at the University Faculty Senate or its successor, as appropriate, with respect to Blue Book provisions which the Board finds in need of modification or clarification. These Procedures may be amended from time to time and at any time, solely by action of a majority of the members of the Board. A copy of these procedures, and any amendments thereto, shall be made available to all members of the Board. A copy of these procedures, and all amendments thereto, shall be delivered to the Steering Committee of the Faculty Senate (or its successor) and to the president of the University. The Chair of the Board shall ensure that all people entitled shall have a copy of these procedures.
2. Selection of Members.
“The University Faculty Appeals Board shall consist of two faculty members elected by and from each college for three-year terms under procedures established by the Faculty Senate or its successor. After the initial election, lots will be drawn to establish a rotation so no more than four terms expire in any single year. Each college shall annually elect two alternate members to a one-year term. The Committee chair shall be appointed from the faculty at large by the Faculty Senate Steering Committee or its successor. The faculty member selected to serve as chair must be familiar with the legal and procedural responsibilities of the Committee. The chair shall be nonvoting except in cases of ties and serve a term of five years.” (Blue Book Section VI.A.2.a)
If a member from a college is precluded from serving in a case for any reason, an alternate from that college will take that member’s place. The Board may request a college to elect a replacement alternate if the regularly elected alternates are not available to serve. To the extent that it is feasible, the same board shall meet to hear and deliberate on an appeal until the Board has reached its decision, even if resolution of the appeal extends into the next academic year.
3. Impartiality of Members.
“If the faculty member whose appeal is to be heard by the Board or the administrative officer whose decision is under appeal is of the opinion that a member of the University Faculty Appeals Board will not view the charges with impartiality, the faculty member or the administrative officer may file with the University Faculty Appeals Board a written request to recuse that member from the hearing. A majority of the remaining members of the University Faculty Appeals Board must support the request of the faculty member or administrative officer to remove a member for cause. Members of the University Faculty Appeals Board who feel that their objectivity and impartiality is subject to question may recuse themselves from the hearing. If the majority of the Committee members are excused, the Faculty Senate Steering Committee or its successor shall appoint ad hoc members to serve during the hearing.” (Blue Book Section VI.A.2.b)
Pursuant to Section I.2., alternates may replace recused members.
4. Cases Heard by the Board.
“The University Faculty Appeals Board shall hear: (1) cases involving nonrenewal of term contracts and denial of promotion and tenure ...; (2) cases involving dismissal due to financial exigency ...; (3) cases involving dismissal because of educational considerations ...; and (4) cases involving dismissal due to legally permissible medical reasons ... . In addition, the University Faculty Appeals Board may hear appeals of decisions involving dismissal for cause after those cases have been heard by the Committee on Faculty Rights and Responsibilities of the faculty member's college ... .” (Blue Book Section VI.A.2.c)
II. Appeals from the Non-renewal of Term Contracts or Denial of Promotion or Tenure.
1. Grounds for Appeal.
“Faculty members may appeal the nonrenewal of term appointments and the denial of promotion or tenure only on grounds alleging: (1) the violation of academic freedom; (2) failure to follow stated procedures or apply stated criteria; or (3) impermissible discrimination as defined in ... [the Blue Book] or that is otherwise unlawful.” (Blue Book Section IV.D)
An appeal should be brought by a petition, i.e., a written statement, signed and dated, that includes the grounds for appeal, which shall be personally delivered by the faculty member appealing to the Chair of the Board within ninety (90) days from the date on which a decision that is appealable to the University Faculty Appeals Board is rendered. At its discretion, the Board may accept an appeal beyond this time limit, for good cause shown.
2. Burden of Proof.
“The burden of proof is clear and convincing evidence and rests with the faculty member [filing the appeal].” (Blue Book Section IV.D)
3. Procedure for Hearings.
The Board shall follow the procedures for hearing set forth in Sections VI and VIII, herein.
4. Scope of Review.
“The tenure review process is a dynamic rather than a static one. Each level of review has the right to consider new information, whether positive or negative, available at the time of the review. At each level of review or appeal, the body considering the evidence shall base its decisions on the cumulative evidence available to it.” (Blue Book Section VI.B.2.b)
5. Decision of the University Faculty Appeals Board.
With respect to the appeal of a non-renewal of a term appointment or denial of promotion or tenure, the Board shall report its final decision within thirty (30) days of the final day of any hearing that is held regarding the appeal.
“If the Appeals Board decides there has been a violation of rights or procedure, it shall indicate the point where the infringement occurred. The panel shall then outline a special process of professional review that allows the case to be reevaluated in a manner that eliminates any violation of rights or procedure.” (Blue Book Section IV.D)
The final decision shall be in writing and shall be submitted to the University President; the University Provost; the Dean of the College involved in the appeal; the faculty member who filed the appeal; and the Chair of the Academic Unit or Committee whose decision was the subject of the appeal, or if the decision relates to the nonrenewal of a term appointment or denial of promotion or tenure of a faculty member in the College of Law, to the Chair of the College of Law Review Committee.
III. Appeals From Decisions to Terminate Due to Financial Exigency.
1. Grounds for Appeal.
“The faculty member has a right to appeal the decision of the administration to terminate to the University Faculty Appeals Board on grounds alleging: (1) programmatic considerations unrelated to overall educational policy; (2) the arbitrary application of criteria for the dismissal of individuals; or (3) impermissible discrimination as defined in ... [the Blue Book] or that is otherwise unlawful. A written request for a hearing stating the grounds for appeal shall be delivered to the chair of the University Faculty Appeals Board within 30 days of notification of the decision to terminate.” (Blue Book Section VII.B.2)
2. Burden of Proof.
“…[T]he burden of proof rests with the administration to establish that appropriate educational considerations were adopted and equitably applied. The burden of proof rests with the faculty member to establish that the termination was based on impermissible discrimination as defined in this document.” (Blue Book Section VII.B.2)
3. Procedure for Hearings.
The Board shall follow the procedures for the hearing set forth in Sections VI and VIII, herein.
4. Decision of the University Faculty Appeals Board.
“Within 30 days of the hearing and before the effective date of termination, the University Faculty Appeals Board shall report in writing to the president and the faculty member involved on the merits of the decision to terminate. The authority for a final decision in such cases rests with the Board of Trustees.” (Blue Book Section VII.B.2)
IV. Appeals From Decisions to Dismiss or Reassign Due to Educational Considerations.
1. Grounds for Appeal.
“The faculty member has a right to appeal the decision of the administration to the University Faculty Appeals Board on grounds alleging: (1) considerations unrelated to institutional mission, strategic planning, or curriculum; (2) or impermissible discrimination as defined in ... [the Blue Book] or that is otherwise unlawful. A written request for a hearing stating the grounds for appeal shall be delivered to the chair of the University Faculty Appeals Board within 30 days of notification of the decision to reassign or terminate.” (Blue Book Section VII.C.2)
2. Burden of Proof.
“At the hearing, the burden of proof rests with the administration to establish that appropriate considerations justify the decision to reassign or terminate. The burden of proof rests with the faculty member to establish that the reassignment or termination was based on impermissible discrimination as defined in this document.” (Blue Book Section VII.C.2)
3. Procedure for Hearings.
The Board shall follow the procedures for the hearing set forth in Sections VI and VIII, herein.
4. Decision of the University Faculty Appeals Board.
“Within 30 days of the hearing and before the effective date of the reassignment or dismissal, the University Faculty Appeals Board shall report in writing to the president and the faculty member involved on the merits of the decision to terminate. The authority for a final decision in such cases rests with the Board of Trustees.” (Blue Book Section VII.C.2)
V. Appeals From Decision to Dismiss Faculty Members for Legally Permissible Medical Reasons.
1. Grounds for Appeal.
A faculty member dismissed for legally permissible medical reasons may appeal such determination on grounds alleging: (1) the decision to dismiss was not based upon clear and convincing medical evidence that the faculty member cannot, with or without reasonable accommodation as required by the Americans with Disabilities Act and University policy, continue to fulfill the essential functions of the appointment; or (2) the procedures set forth in Section VII.D of the Blue Book were not followed; or (3) impermissible discrimination as defined in the Blue Book or that is otherwise unlawful.
2. Burden of Proof.
At the hearing, the administration has the burden of proving by clear and convincing medical evidence that the faculty member cannot, with or without reasonable accommodation as required by the Americans with Disabilities Act and University policy, continue to fulfill the essential functions of the appointment. The faculty member shall have the burden of establishing that the procedures set forth in Section VII.D of the Blue Book were not followed; or that the decision was motivated and decided on the basis of impermissible discrimination as defined in the Blue Book or that is otherwise unlawful.
3. Procedure for Hearings.
The Board shall follow the procedures for the hearing set forth in Sections VI and VII, herein.
4. Decision of the University Faculty Appeals Board.
“The faculty member may appeal to the University Faculty Appeals Board within 30 days; and the evidence shall be reviewed by the University Faculty Appeals Board and a recommendation issued to the president before a final decision is made by the Board of Trustees on the recommendation of the administration.” (Blue Book VII.D.2)
VI. Procedures: Original Jurisdiction Appeals.
1. Applicability of these Procedures.
The procedures set forth in this Section VI apply to all appeals from decisions with respect to which the University Faculty Appeals Board has original jurisdiction: nonrenewal of term appointment or denial of promotion or tenure, and decisions of dismissal or reassignment of faculty members due to financial exigency, educational considerations, or legally permissible medical reasons.
2. Manner of Operation Prior to Hearing; Informal Resolution.
The University Faculty Appeals Board shall endeavor to operate in an informal and flexible manner to the extent practicable under the circumstances. The Chair of the University Faculty Appeals Board shall make such inquiry as he or she deems necessary and may, in his or her discretion, offer confidential advice to the faculty member and the administration and/or attempt to effect a mutually satisfactory resolution.
3. Hearing by the Board.
In cases that are not resolved through a mutually satisfactory resolution, the Board shall schedule a hearing to receive evidence needed to resolve the appeal.
a. Notice.
In the case of an appeal from the nonrenewal of a term appointment or denial of promotion or tenure in which the review ended with the decision of a department, a committee, or the faculty of a college, notice of the hearing shall be provided to the faculty member bringing the appeal and to the chair of the academic unit or committee whose decision is the subject of the appeal, or, if the appeal is from a decision of the faculty of the College of Law, to the dean of the college. The notice to the chair or dean shall inform the recipient that the academic unit, committee, or faculty whose decision is the subject of the appeal has the right under Section VI.3.c. to select a representative to attend the hearing at all times that the petitioner is present, present oral or documentary evidence, call witnesses, and cross-examine witnesses. A copy of the faculty member’s petition setting forth the grounds for appeal shall accompany the notice provided to the chair or dean.
In an appeal from a nonrenewal of term appointment or denial of promotion and tenure in which the decision under appeal was made by the Provost or President, or in an appeal from a decision of dismissal or reassignment of a faculty member due to financial exigency, educational considerations, or legally permissible medical reasons, notice shall be given to the faculty member bringing the appeal and to the University President and Provost, who shall forward such notice to the appropriate representatives responsible for presenting evidence on behalf of the administration pertaining to the appeal. A copy of the faculty member’s petition setting forth the grounds for appeal shall accompany the notice provided to the University President and Provost.
b. General Nature of the Hearing.
The Board shall at all times follow the generally accepted standards of a fair and equitable hearing, but it is not to be restricted by the technical rules of evidence or the formality of the adversary proceeding as in a court of law. With the exception of the following stated procedure, the procedure may vary from case to case depending upon the equity of the situation.
c. Presentation of Evidence.
The faculty member bringing the appeal (the petitioner) shall be given the opportunity to appear before the Board and shall have the right to present such oral or documentary evidence, to call witnesses, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
In the case of an appeal from the nonrenewal of a term appointment or denial of promotion or tenure in which the review ended with the decision of a department, a committee, or the faculty of a college, the committee, department, or faculty whose decision is the subject of the appeal may select a representative to attend the hearing at all times that the petitioner is present. Following the presentation of witnesses and documentary evidence, if any, by the petitioner, that representative shall have the right to present oral or documentary evidence, call witnesses, and submit rebuttal evidence. The representative will also have the right to conduct such cross examination as may be required for a full and true disclosure of the facts.
In the case of an appeal of a nonrenewal of term appointment or denial of promotion and tenure in which the decision under appeal was made by the Provost or President, or in the appeal of a decision to dismiss or reassign a faculty member due to financial exigency, educational considerations, or legally permissible medical reasons, the administrator whose decision is the subject of the appeal, or his or her designee, shall be given the opportunity to appear before the Board and shall have the right to present such oral or documentary evidence, to call witnesses, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
Following the presentation of witnesses by the petitioner and the representative of the body or administrator whose decision is the subject of the appeal, the Board may, on its own initiative, request parties involved, as appropriate, to appear to answer questions and may request other persons who may have information concerning the matter to appear at the hearing to answer questions directed to them by members of the Board, by the faculty member bringing the appeal, by the representative of the academic unit, committee, or faculty whose decision is under review, or by the administration or person within the University whose actions are the subject of the appeal.
As the hearing progresses, the Board may recall any person who has given testimony to answer additional questions.
The Chair of the Board shall advise each person testifying that an audio (or, if applicable, video) recording is being made of the hearing and can be obtained by the faculty member bringing the appeal and by the administration or other person within the University whose actions are the subject of the appeal.
d. University Obligation with Respect to Witnesses and Evidence.
The University shall use its best efforts to obtain the presence of any witness called by a faculty member who is an employee or officer of the University, and to make available such documentary evidence, in whatever form kept or obtainable, which may be in its possession, custody or control. Without in any way limiting the meaning thereof, the term “employee” or “officer of the university” shall include any of the following in any combination: (i) any person who is a part-time or full-time University student who performs services for the University, and (ii) any other person who performs services for the University, whether part-time or otherwise, and (iii) any person (including but not limited to those persons described in subparts (i) and (ii) hereof) who performs such services for the University whether the performance of such services (whether part-time, full-time or otherwise) is funded wholly or partially, directly or indirectly, by or through a person or entity other than the University.
e. Transcript of the Hearing.
An audio record of the proceedings shall be taken and a copy will be made available to the faculty member without cost, if the faculty member bringing the appeal so requests. The faculty member bringing the appeal may, at his or her cost, arrange for a certified court reporter to transcribe the proceedings. Should the University elect to arrange for a certified court reporter to transcribe the proceedings, the University shall deliver to the faculty member a copy of such transcription without cost.
f. Evidence.
The Board shall consider only reliable probative evidence and shall not consider any evidence received through ex parte communications.
g. Expeditious Resolution of the Appeal.
The hearing shall be commenced and conducted expeditiously.
h. Basis for Deciding the Appeal.
The appeal shall be decided upon the written statement and documents provided to the Board by the faculty member filing the appeal, the representative of any committee, academic unit or college faculty whose decision is the subject of the appeal, or the administration, and upon other documents and information obtained by the Board through discovery or during the hearing.
Written information that comes before the Board from sources other than the faculty member filing the appeal shall be shared with that faculty member in a timely manner that provides the faculty member with sufficient opportunity to respond with additional evidence or argument, prior to the final deliberations of the Board.
Written information that comes before the board from sources other than a representative of a committee, academic unit, or college faculty whose decision is the subject of the appeal, if such body has chosen to select a representative, shall be shared with that representative in a timely manner that provides that representative with sufficient opportunity to respond with additional evidence or argument, prior to the final deliberations of the Board. Similarly, in those proceedings in which the administration is entitled to or bears a burden to produce evidence, written information that comes before the Board from sources other than the administration shall be shared with the individual providing evidence on behalf of the administration in a timely manner that provides such individual with sufficient opportunity to respond with additional evidence or argument, prior to the final deliberations of the Board.
VII. Appeal From Decisions of the College Committee on Rights and Responsibilities Resulting in the Termination of a Faculty Member for Cause or in the Imposition of “Severe Sanctions” Including Suspension or Probation.
1. Initiation of the Appeal and Forwarding of the Record
“Any party to the proceedings aggrieved by a final order of the Committee on Rights and Responsibilities in proceedings to determine cause for termination, and the faculty member aggrieved by the administrative decision of dismissal may file an appeal in writing to the University Faculty Appeals Board within twenty days of the Committee decision or the administrative decision of dismissal. If an appeal is taken by the faculty member on the administrative decision, such appeal shall automatically include the proceedings and decision of the Committee on Rights and Responsibilities.” (Blue Book VII. A.2.)
“If an appeal is taken from the decision of the Committee on Rights and Responsibilities, the full record of the Committee proceedings, including the audio recording of the proceedings, exhibits introduced, written or any other documents or objects considered, and the written statement of findings of fact and conclusions shall be sent to the University Faculty Appeals Board within ten days of the filing of the request for appeal.” (Blue Book VII. A.2.)
These same procedures shall apply to an appeal concerning the suspension, probation, or other severe sanction imposed upon a faculty member, pursuant to Section VIII.A. of the Blue Book.
2. Standards and Process of Appellate Review by the Board
The Appeals Board shall review the decision of the Committee on Rights and Responsibilities and any administrative decision of dismissal or severe sanction that has been made to determine if there has been (1) a violation of academic freedom; (2) a failure to follow stated procedures or apply stated criteria; or (3) impermissible discrimination as defined in the Blue Book or that is otherwise unlawful.
At the time that an aggrieved party files a request for appeal pursuant to Section VII.1., the appellant shall submit a written statement supporting the grounds for the appeal, signed and dated, which shall be personally delivered to the Chair of the Board. On that same date, the appellant shall provide a copy of the appellant’s request for appeal and written statement to the faculty member or administrator who prevailed before the Committee on Rights and Responsibilities.
Within twenty days of the date on which the request for appeal is filed with the Chair of the Appeals Board, the faculty member or administrator who prevailed before the Committee on Rights and Responsibilities shall submit to the Chair of the Appeals Board any written statement that party wishes to make in response to the appellant’s written statement and request for appeal.
The Board shall hold a hearing expeditiously, at which each party will be permitted to present an oral argument supporting his or her position. If the Board determines that there is an issue of fact that requires resolution, the Board may request additional documents and/or schedule an additional hearing to call witnesses, at the Board’s discretion.
4. Decision of the University Faculty Appeals Board
“These records [forwarded pursuant to Section VI.1.] and all other information germane to the case shall be evaluated by the University Faculty Appeals Board and provide the basis for its decision” (Blue Book VII. A.2.)
“The University Faculty Appeals Board shall make findings of fact and shall recommend for or against dismissal or such lesser action as it deems appropriate under the circumstances which shall be conveyed in writing to the president, faculty member, and administrative officer involved. If the president is the administrative officer whose decision is under appeal, the findings of the Appeals Board shall be conveyed to the faculty member, to the President, and to the Board of Trustees.” (Blue Book VII. A.2.b.)
If the appeal concerns the imposition of a severe sanction pursuant to Blue Book Section VIII.A., the University Faculty Appeals Board shall make findings of fact and shall recommend for or against the severe sanction or such lesser action as it deems appropriate under the circumstances which shall be conveyed in writing to the president, faculty member, and administrative officer involved. If the president is the administrative officer whose decision is under appeal, the findings of the Appeals Board shall be conveyed to the faculty member, to the President, and to the Board of Trustees.
5. Implementation of the Decision
“If the University Faculty Appeals Board recommends against dismissal and the president concurs, the appointment of the faculty member shall continue and no further action shall be taken. If the University Faculty Appeals Board recommends dismissal or other lesser action and the president concurs, the president shall forward the recommendations to the Board of Trustees. In either case, the president shall notify in writing the faculty member and administrative officer involved of the action being taken.” (Blue Book VII. A.2.c.)
In an appeal concerning the imposition of a severe sanction pursuant to Blue Book Section VIII.A., if the University Faculty Appeals Board recommends against the severe sanction and the president concurs, the sanction shall be lifted and no further action shall be taken. If the University Faculty Appeals Board recommends that the severe sanction or other lesser action continue to be imposed and the president concurs, the president shall forward the recommendations to the Board of Trustees. In either case, the president shall notify in writing the faculty member and administrative officer involved of the action being taken.
“If the president does not concur with the recommendation of the University Faculty Appeals Board, the president and the University Faculty Appeals Board shall meet in an effort to reach agreement. If a common recommendation is not agreed to, the recommendation of the president and, at the request of the faculty member, the recommendation of the University Faculty Appeals Board shall be submitted to the Board of Trustees for final decision.” (Blue Book VII. A.2.d.)
“The Board of Trustees shall review the recommendations of the University Faculty Appeals Board and the president and either affirm, reverse or modify the recommendations of the University Faculty Appeals Board and the president.” (Blue Book VII. A.2.e.)
VIII. Miscellaneous Provisions.
1. Applicability of Section VIII.
The following provisions apply to all proceedings of the University Faculty Appeals Board.
2. Confidentiality.
“The individuals involved in the proceedings of these panels shall preserve the confidentiality of any charges, deliberations, findings, or recommendations, except such disclosures as are reasonably necessary in the investigation, hearing, and final disposition of a case and as required by law.” (Blue Book Section VI.B.1)
The University Faculty Appeals Board interprets this provision to be consistent with Section VIII.13.
3. Powers of Discovery.
“... [The University Faculty Appeals Board] shall have powers of discovery; they shall have access to all documents and information that could aid their decision-making process whether or not the documents and information were available in the decision-making process at a lower level. It is the goal of the University's internal procedures to resolve issues without recourse to litigation. Thus, the guiding principle for determining whether evidence is available to the Committee or Board is whether such evidence would be available to the courts in the event that the internal procedures are exhausted and the issue is brought to the judicial system.” (Blue Book Section VI.B.2.a)
4. People Permitted to Be Present at Hearings and Executive Sessions.
Except as the University Faculty Appeals Board may permit, only the members of the Board; the faculty member appealing; the representative of the academic unit, committee, faculty, or administration who is entitled to submit evidence or, in proceedings under Section VII, to present an oral argument; and their advisors may be present throughout the hearings of any matter with respect to which the Board has jurisdiction.
The Board may, from time to time during a hearing, meet in Executive Session. Only the members of the University Faculty Appeals Board and the University’s Counsel, if so invited by the Board, shall be present at an Executive Session. Executive Sessions of the Board shall not be recorded and shall remain confidential, except to the extent that disclosure shall otherwise be required by order of a court of competent jurisdiction.
5. Deliberations of the Appeals Board.
Deliberation shall take place only in Executive Session. Only the members of the University Faculty Appeals Board shall be present at deliberations of the Board.
6. Legal Counsel for the Faculty Member Pursuing the Appeal.
Legal counsel may be present at the hearing to advise the faculty member pursuing the appeal. If the faculty member elects to be represented by counsel, he or she shall be responsible for compensating his or her own legal counsel, pursuant to Blue Book Section VI.B.3.
In all proceedings in which the Board has original jurisdiction -- nonrenewal of term appointment or denial of promotion or tenure, and decisions of dismissal or reassignment of faculty members due to financial exigency, educational considerations, or legally permissible medical reasons -- the role of counsel is as an advisor to the faculty member and not as a participant in the hearing itself. The faculty member bringing the appeal may consult with his or her counsel throughout the hearing. In proceedings under Section VII appealing from a decision of the College Committee on Rights and Responsibilities, legal counsel may, at the election of the faculty member, present the oral argument on behalf of the faculty member and directly represent the faculty member in any hearings before the Board.
If a faculty member bringing any proceeding before the Board elects not to attend with legal counsel, he or she may elect to be accompanied by another member of the faculty who could act as his or her advisor, to the same extent as legal counsel.
7. Legal Counsel for the University or Other Individuals Involved.
“Legal counsel may be present to advise the individuals involved... . Both the University and individuals involved in the proceeding may elect to be represented by legal counsel of their own choosing; and each shall be responsible for compensation of their own counsel so selected.” (Blue Book Section VI.B.3)
In all proceedings in which the Board has original jurisdiction -- nonrenewal of term appointment or denial of promotion or tenure, and decisions of dismissal or reassignment of faculty members due to financial exigency, educational considerations, or legally permissible medical reasons -- the role of legal counsel is as an advisor to the University or the individual involved in the hearing, and not as a participant in the hearing itself. A representative of the University or individual may consult with his or her counsel throughout the hearing. In proceedings under Section VII appealing from a decision of the College Committee on Rights and Responsibilities, legal counsel may, at the election of the University administrator, present the oral argument on behalf of the University administrator and directly represent the University administrator in any hearings before the Board.
8. Legal Counsel to Assist the Board.
The University Faculty Appeals Board may, at times, deem it important to consult with the University’s Counsel. The Board may, at its discretion, invite the University’s Counsel to be present at a hearing or an executive session, but only in an advisory capacity.
The Chair of the Board may consult with the University’s Counsel as the need arises.
9. Indemnification and Defense.
Faculty who may be exposed to charges of wrongdoing in a complaint filed with an outside agency or sued by virtue of serving on or providing evidence to the University Faculty Appeals Board shall be deemed eligible for indemnification and defense at the University’s expense under the University Policy on Indemnification and Defense.
10. No Delay in Renewal or Reviews.
“Appointment renewal or tenure reviews required by ... [the Blue Book] may not be delayed because a charge is pending before ...[the Appeals Board].” (Blue Book, Section VI.B.4.)
11. Withdrawal of Appeal.
“A faculty member seeking redress through the ... [University Faculty Appeals Board] may withdraw the matter presented for a hearing at any time prior to a decision by the University Faculty Appeals Board ... .” (Blue Book, Section VI. B. 5.)
Withdrawal of an appeal, once filed, must be in writing, signed, dated, and personally delivered to the Chair of the Board by the faculty member who submitted the appeal, or, if that faculty member is physically not able to so deliver, then by a means assuring that it is that faculty member's intent to do so. Once withdrawn, the appeal may not be reinstated except by written petition likewise presented, within ten days of the withdrawal, and only upon consent of the Board, pursuant to deliberations conducted in accordance with Section VIII.5., herein.
12. Disposal of Records on Conclusion of Appeal.
After the appeals process has been completed, the information submitted to the Board, along with the audio or video recording, shall be sealed by the Chair of the Board and delivered to the Office of the President for storage under the custodial care of the President’s designee.
13. Preserving Interpretations of Terms and Resolutions of Key Issues
After the appeals process has been completed, the University Faculty Appeals Board will extract from its decision and opinion any interpretations it made of key terms in the Blue Book and resolutions of key issues that were determinative of the outcome of the appeal. The Board’s reasoning for the interpretations and issue resolutions, along with any interpretation provided by the President, will also be recorded. A digest of these interpretations, issue resolutions, and reasoning behind them shall be retained. The digest will be posted on the Faculty Senate web page, after review by University Counsel.
Adopted September 12, 2008 by the University Faculty Appeals Board.
Members:
Gary Allison, College of Law
Thomas Buckley, College of Arts and Sciences
John Coward, College of Arts and Sciences
Marcus Durham, College of Engineering and Natural Sciences
Robert Howard, College of Engineering and Natural Sciences
Dennis Hudson, College of Business Administration
Judith Royster, College of Law
Charles Wood, College of Business Administration
Marianne Blair, Chair
. “STATEMENT ON ACADEMIC FREEDOM, RESPONSIBILITY, AND TENURE,” The University of Tulsa. This Amendment to the October 23, 1991 document was unanimously adopted by the Faculty Senate on September 1, 1994, unanimously amended on December 1, 1994, and again in this final form on March 7, 1996. It was approved by vote of the faculty on September 11, 1996, and by the Board of Trustees on October 2, 1996, and amended on May 12, 2004.
. The Promotion & Tenure Criteria Statements of the colleges provide additional documentation of specific procedures governing the initial stages of review for renewal of term contracts, promotion and tenure within each college. In the three undergraduate colleges, each academic unit adopts additional criteria which are on file with the Dean of the respective colleges. The collegiate documents currently in force, posted on the website under Faculty Senate, are:
College of Arts and Sciences
1. Henry Kendall College Statement on Criteria for Promotion and Tenure, Adopted, February 12, 1993.
2. Guidelines For Faculty Members Being Reviewed
College of Business Administration
1. Review Procedures Governing Resident Contract Faculty Appointments in the College of Business Administration at The University of Tulsa, Previous Version Approved May 4, 1994, Current Version Approved March 21, 1997
2. College of Business Administration Statement on Criteria for Promotion and Tenure, Approved by the CBA Faculty, September 11, 1996
College of Engineering and Natural Sciences
1. Review Procedures Governing Resident Contract Faculty Appointments, Approved by Faculty Ballot, September 12, 1997
2. College Criteria for Promotion and Tenure of Resident Tenure Faculty as noted in Section IV.A of the 1996 Statement on Academic Freedom, Responsibility, and Tenure, approved by Faculty Vote September 12, 1997.
College of Law
1. Procedures for Faculty Appointment, Promotion, and Tenure, Adopted May 27, 1975, As Amended through March 24, 2006.
. The University of Tulsa Policies and Procedures Manual: Employees with Disabilities Accommodation, posted on the University of Tulsa Office of Human Resources web page. As of the date these rules were amended, the current version was most recently revised on June 1, 2006.
. The University of Tulsa Policies and Procedures Manual: Employee Performance and Conduct: Indemnification and Defense.
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