Dismissal for Cause

Criteria

Dismissal proceedings may be instituted based on the following:

1. Lack of teaching and professional competence including those defined in the section on Faculty Duties and Responsibilities.
2. Deliberate and serious violation of the rights and freedom of fellow faculty members, administrators, or students.
3. Conviction of a crime.
4. Serious failure to follow the canons and professional ethics of one’s discipline.
5. Falsification of credentials or experience.
6. Repeated failure to follow the policies contained in the Faculty Handbook, despite documented warnings from the relevant Department/division Chair and/or the VPAA. However, certain violations of Faculty Handbook policy may be considered by the VPAA as so serious that they justify immediate dismissal proceedings.
7. Other just causes as permitted under New York law.

Progressive Discipline

Dismissal for cause is the most severe form of discipline. While certain types of faculty action may be serious enough to justify immediately proceeding with dismissal for cause, the College normally will follow a progressive discipline model, where opportunities to “remediate” the perceived deficiencies should be provided. Under this model, depending on the severity of the problem(s) and/or the number/frequency of violations of the criteria listed in above, disciplinary action may follow the progression below:

1. an oral reprimand
2. written reprimand
3. restitution (for instance, payment for damage due to individuals or to the institution)
4. loss of prospective benefits for a stated period (for instance, suspension of "regular" increase in salary or suspension of promotion eligibility)
5. reduction in salary for a stated period
6. suspension with or without pay
7. dismissal for cause (AAUP, 1971, Faculty Tenure, p. 75-77).

The goal of the progressive discipline model is to help the faculty member correct the problems at the earliest possible stage, benefiting both the faculty member and the College and eliminating the need to pursue a dismissal for cause. The decision on which of the progressive discipline options to pursue rests with the VPAA.

Written Notification

When the VPAA alleges violations of one or more of the criteria stipulated above, they will issue a written notification to the faculty member, including a brief statement of the substance of the allegation and a brief summary of information supporting the allegation. If, in response, the faculty member does not contest the allegation(s), agrees to correct the problem(s) within a time period stipulated by the VPAA, and signs a written record prepared by the VPAA that contains the brief statement of the substance of the allegation, the brief summary of the information supporting the allegation, the corrective action to be taken by the faculty member, and the time frame for implementing the corrective action, the matter is settled. The VPAA will maintain a written record of the notification(s) and the resolution.

If, in response, the faculty member does contest the allegations and provides information sufficiently compelling for the VPAA to conclude that no violation occurred, the matter is settled and no record will be retained.

If, in response, the faculty member does contest the allegations but does not provide information sufficiently compelling for the VPAA to conclude that no violation occurred, or if the faculty member does not correct the problem(s) within a time period stipulated by the VPAA, the allegations will be submitted to the Professional Standards Committee (PSC) for resolution. The VPAA will maintain a written record of the resolution of the PSC.

Documents relating to written notifications and to the resolution by the PSC will be placed in the faculty member’s file in the Office of Academic Affairs. That file will be used by the VPAA to help determine the number, frequency and degree of severity of violations and to help them decide which progressive discipline step to pursue.

Suspension

The severity of an alleged violation and/or the frequency and number of violations may convince the VPAA to pursue suspension. Such suspension may not last beyond a full year but may entail the total or partial discontinuance of all salaries and benefits, the suspension of all promotion and salary increments, the temporary suspension of all or some faculty privileges, and the loss toward tenure and/or promotion of the time placed upon suspension.

Suspension may also consist of the temporary separation of a faculty member from the College where it is determined by the President that there is a strong likelihood that the faculty member’s continued presence at the College poses an immediate threat of harm to the College or to individual members of the College community. Such suspension shall be with pay and shall last only so long as the threat of harm continues, or until dismissal for cause occurs.

The VPAA will maintain a written record related to each suspension, subject to the same stipulations contained in the written notification section above.

Dismissal for Cause: The severity of an alleged violation and/or the frequency and number of violations may convince the VPAA to pursue dismissal for cause.

Procedures for Suspension or Dismissal for Cause

1. When considering suspension or dismissal for cause, the VPAA will consult with the appropriate Department or Division Chair, Dean, or Library Director unless the faculty member under consideration holds one of those positions. The VPAA will then seek the advice and recommendation of the Office of Human Resources and/or legal counsel, as appropriate.
2. Upon the decision by the VPAA to pursue either suspension or dismissal for cause, they will provide written notice to the faculty member that a recommendation for suspension or for dismissal for cause will be made to the President. This notice will contain a written statement of the grounds upon which the recommendation is to be made, a brief summary of information supporting such grounds.
3. The faculty member will be given an opportunity to meet with the VPAA and a representative from the Office of Human Resources to present their defense to the suspension or dismissal recommendation before the recommendation is made to the President. The faculty member may select another College employee, possibly a member of the Faculty Affairs Committee, to accompany them to this meeting. Based upon that defense, the VPAA will decide whether to submit the recommendation to the President.
4. Once a recommendation is made to the President, the faculty member will be given an opportunity to meet with the President, in the presence of an HR representative and the faculty member’s MSMC representative of choice, to present their defense to the suspension or dismissal recommendation. Based upon the information provided by both the VPAA and the faculty member, the President will make their decision.
5. In any case involving suspension or dismissal for cause, the burden of proof that just cause exists shall rest with the College, which proof shall be by clear and convincing evidence in the record considered as a whole.

Grievance

A faculty member who is suspended or dismissed for cause may file a grievance with the PSC if they believe that the decision:

1. violated one or more of the procedures contained in Dismissal section above
2. was made on grounds that are discriminatory or in violation of academic freedom
3. was arbitrary

The burden of proof in the case of such an appeal rests on the faculty member.