2.3 Rules for Faculty Dismissal Proceeding

2.3  Rules For Faculty Dismissal Proceeding

Statement Of Purpose

This procedure is adopted by the faculty of the Capital University Law School to establish a fair method of determining whether or not grounds exist for the dismissal of any non-tenured member of that faculty and whether or not grounds, other than financial exigency, exist for the dismissal of non re-appointment of any tenured member of that faculty. It is the intention of the faculty that the rules set forth be construed consistent with the concept of procedural due process. Toward that end, all questions of interpretation shall be resolved in favor of fairness to the subject faculty member.
It is the further intention of the faculty that the procedure set forth shall be conducted in a manner commensurate with the professional standards befitting a faculty of law. The procedure is not intended to be adversary in nature; rather, the function of the procedure shall be to ascertain the truth or falsity of any allegations through a fair and informal fact-finding process. 

 2.3.01 Initiation Of Hearing Process

A. The Dean of the Capital University College of Law (Dean) or three members of the full-time faculty of said College of Law may initiate the hearing process hereinafter set forth by presenting to the faculty, at any meeting of the faculty, a Bill of Particulars setting forth the factual allegations alleged to constitute grounds for the dismissal of the subject faculty member (member) and a list of persons having information relative to said allegations and any relevant documents.

B. Immediately upon receipt of said Bill of Particulars and list, the faculty shall resolve itself into a hearing committee, constituted in accordance with these rules, and said committee shall immediately set a date, not less that 20 days thereafter, for the hearing required by these rules, and shall direct the Dean to notify the member of said hearing by certified mail, return receipt requested, enclosing therewith the Bill of Particulars and any exhibits appended thereto together with a copy of these rules and the Faculty Statute. Said hearing shall be conducted on the date so established, provided notice thereof is received by the member no less than 14 days prior to the date set for the hearing.

 2.3.02 Hearing Committee - Membership

A. The hearing committee (committee) shall consist of all full time members of the faculty except any members making recommendations of dismissal, faculty members who disqualify themselves because of an interest in the outcome of the hearing, and faculty members who are successfully challenged for cause. Challenges for cause may be raised only by member and shall be heard by the presiding officer who shall grant the challenge only in instances where he determines that it is probable that the hearing committee member will not be able to decide the case fairly. Decisions of the presiding officer may not be appealed to the hearing committee. Examination of members of the hearing committee for determining challenges shall be conducted only by the presiding officer.

B. The Dean, when otherwise disqualified, shall be permitted to attend all meetings of the committee due to his duty to make an independent recommendation to the President under the Faculty Statute.

C. The presiding officer of the committee shall be the senior member of the faculty on the committee, or if that senior member declines or is unable to serve then the committee shall elect a presiding officer.

 2.3.03 Hearing Committee - Function

A. The Hearing Committee shall ascertain the truth or falsity of all allegations presented in the Bill of Particulars.

B. The Hearing Committee shall determine if the allegations found by it to be true constitute grounds for dismissal or non-reappointment of the member.

C. The Hearing Committee shall present its findings, in writing, to the faculty.

 2.3.04 Conduct Of Hearing

A. Counsel

Member, the person(s) bringing charges, and the hearing committee may be represented by counsel who shall have the right to examine witnesses, apply for rulings or procedure and evidence, comment on the evidence and perform all other functions usually associated with full right of representation by counsel.

B. Witnesses

1. All witnesses shall be called by the committee. The committee shall first hear witnesses provided in the list accompanying the Bill of Particulars.
2. The member shall, no later than (5) days prior to the hearing date, present the presiding officer with a list of any witnesses and any documents relative to the hearing. The committee shall call any witnesses so listed.
3. The committee may call any further witnesses it feels necessary to the inquiry.

C. Examination of Witnesses

1. All witnesses shall be examined by the committee or its counsel.
2. The member or his counsel shall be entitled to examine all witnesses.
3. The person(s) bringing charges or his counsel shall be entitled to examine all witnesses.

D. At the request of any committee member, the member, or the persons(s) bringing charges, there shall be a separation of witnesses, provided however that the member or the Dean shall not be excluded from the hearing.

E. The rules of evidence shall not apply at the hearing, except for rules regarding relevancy, and the exclusion of hearsay statements which would be fundamentally unfair to the member. All rulings, including pre-hearing rulings, with regard to order of examination of witnesses and evidence shall be made by the presiding officer. The committee may on motion of any committee member overrule the presiding officer by the vote of two-thirds (2/3) of its members. Rulings of the presiding officer on challenges for cause may not be overruled.

F. A verbatim recording of the hearing shall be made by electronic or other means, as the committee shall direct. All costs involved in recording of the hearings shall be borne by the Law School. If a member desires a written transcript, it shall be prepared at his expense.

 2.3.05 Deliberations

A. Upon the conclusion of the hearing, the committee shall immediately deliberate. No person other than committee members shall participate in said deliberations and no record thereof shall be made. In its deliberations the committee shall determine the truth of falsity of each allegation contained in the Bill of Particulars, by a secret ballot, and a simple majority shall determine said truth or falsity.

B. If the committee shall determine any of said allegations to be true, it shall ballot secretly on the question of whether said true allegations, either collectively or individually, constitute grounds for dismissal. The result of such balloting shall be reported to the faculty as the recommendation of the committee.

 2.3.06 Report To Faculty And Faculty Action  

A. The committee shall report, in writing, its findings with regard to the truth or falsity of each item contained in the Bill of Particulars and its recommendation on the question of grounds, to the faculty within ten days following the conclusion of the hearing. The faculty shall immediately set a date, not less than 20 days thereafter, for hearing on the committee report, and shall direct the Dean to notify the member of said hearing by certified mail, return receipt requested, enclosing with said notice a copy of the hearing committee report. Said hearing shall be conducted on the date so established, provided notice thereof is received by the member no less than fourteen (14) days prior to the date of said hearing.

B. For purposes of receiving the hearing committee report and taking action thereon all members of the faculty, except those who disqualify themselves because of an interest in the outcome of the matter, shall be entitled to participate in faculty meetings.

C. The faculty shall accept the findings of fact of the Committee, unless a majority thereof feels that additional inquiries should be made with regard to any finding of fact adverse to the member, in which event the Committee shall conduct further hearings pursuant to these rules.

D. Briefs on the question of grounds may be submitted to the faculty by the member, the person(s) bringing the charge and the hearing committee through its chairman no less than five (5) days prior to the date of said hearing on committee report. An original and 25 copies shall be submitted to the secretary of the Law School faculty. Oral commentary may be presented at the hearing on the committee report not to exceed forty-five minutes by member, 30 minutes by person(s) bringing charges and 30 minutes by chairman of hearing committee.

E. The persons entitled to be represented by counsel before the hearing committee shall be entitled to representation by counsel before the faculty.

F. The faculty, upon finding grounds for dismissal to exist, shall makes its recommendation thereon to the President, through the Dean, who shall separately make his recommendation to the President.
 

2.3.07 Quorum

The committee shall conduct no business without the continuing presence of a quorum, which shall constitute two-thirds (2/3) of the members eligible under these rules. If any member is not present throughout the proceedings, he shall not take part nor vote in the Committee's deliberations.