(A)
University
faculty membership. The university faculty shall consist of the president,
university officers for academic affairs, professors, associate professors,
assistant professors, instructors, research and public service professors,
research and public service associate professors, research and public service
assistant professors, clinical associate professors, clinical assistant
professors, officers who hold academic rank, term appointees, visiting
appointees, and lecturers.
(B)
Faculty senate.
The university faculty may delegate any or all of its authority to a
representative faculty senate in accordance with bylaws adopted by the
university faculty and approved by the board of trustees.
(C)
Appointment of
faculty and staff. The president of the university and those administrative
officers they may so designate shall have the authority to approve and execute
all faculty and staff appointment contracts and annual renewals thereof
provided that current and/or permanent budgetary funds are available to fund
such appointments and related compensation.
(D)
Board action in
non-bargaining unit faculty dismissals. The Cleveland state university faculty
personnel policies as revised were approved by the board of trustees effective
February 1, 1975. These personnel policies provide for due process in the
matter of the dismissal of a faculty member, who is not a member of the faculty
collective bargaining unit, culminating in a recommendation by the president to
the board of trustees. The board of trustees shall provide final resolution to
the process in the following manner:
(1)
If the president recommends to the board that a tenured
faculty member, who is not a member of the faculty collective bargaining unit,
be dismissed or suspended, or that a non-tenured faculty member not a
collective bargaining unit member be dismissed or suspended during their
contract term, the president shall, on request of the faculty member, transmit
to the academic affairs and student success committee of the board the record
of the case, including the record of the formal hearing, if there was one,
before the prescribed faculty hearing committee.
(2)
The academic
affairs and student success committee shall review the case and as stipulated
in this rule, may provide for a hearing. If there is a hearing, the academic
affairs and student success committee shall adopt its own rules of order and
procedure for the hearing.
(3)
If there was a
formal hearing before the prescribed faculty hearing committee, the academic
affairs and student success committee's review shall be based on the record of
the faculty committee hearing, and it shall provide opportunity for argument,
oral or written or both, by the principals at the faculty committee hearing or
by their representative. If there was no formal hearing before the faculty
committee, the academic affairs and student success committee shall exercise
its discretion as to whether oral arguments by the principals (or their
representatives) shall be considered in addition to the written record of the
case (which shall include any written statements submitted by the concerned
faculty member) supplied by the president.
(4)
If the academic
affairs and student success committee agrees with the recommendation of the
faculty hearing committee, it shall make a formal recommendation to that effect
to the board of trustees. If it does not agree with the faculty committee's
recommendation, it shall return the proceeding to the faculty committee with
specific objections stated.
(5)
The faculty
committee shall then reconsider, taking into account the stated objections and
receiving new evidence if necessary. The faculty hearing committee's further
recommendations, if any, must be returned to the academic affairs and student
success committee's objections.
(6)
If the faculty
committee submits further recommendations within twenty-one days, the academic
affairs and student success committee shall make its formal recommendation to
the board of trustees after study of the faculty hearing committee's further
recommendation.
(7)
The board of trustees shall consider the formal
recommendation of the academic affairs and student success committee and make
the final decision in the case. If, however, the board of trustees rejects a
formal recommendation of the academic affairs and student success committee
that is in agreement with the recommendation of the faculty hearing committee,
the board shall return the proceeding to the faculty committee with specific
objections stated.
(8)
The faculty hearing committee shall then reconsider,
taking into account the stated objections and receiving new evidence if
necessary. The faculty hearing committee's further recommendation, if any, must
be returned to the board of trustees within twenty-one days of receipt of the
board's objections.
(9)
If the faculty hearing committee submits a further
recommendation within twenty-one days, the board of trustees shall make its
final decision in the case after study of the faculty committee's
recommendation.
Replaces: 3344-1-04