Professional Rights and Duties
of Faculty Members
and
Roles and Professional Duties
of Department Chairs

As administrator of the department, the chair has duties which include the following, although special assignments may be added from time to time, and the dean or chancellor may specify additional duties.

The chair is responsible for:

a. assignment of teaching and other duties within the department consistent with appropriate FTE levels, and consistent with the concept that the appropriate mix of teaching, research or creative work, scholarship, and service may differ from person to person, and from time to time in the career of an individual;

b. preparation of the schedule of courses and of times and places for class meetings;

c. arrangement and assignment of duty for counseling of students, and for training and supervision of teaching assistants and other student teachers and teacher aides;

d. preparation of the budget and administration of the financial affairs of the department, in strict accordance with dollar and FTE allocations and in accord with University rules and procedures;

e. recommendations of sabbatical leaves and other leaves of absence to the dean, and for ensuring that their scheduling is consistent with departmental needs;

f. promptly reporting the resignation or death of any member of the department;

g. custody and authorized use of University property charged to the department, and assignment of departmental space and facilities to authorized activities in accordance with University policy and campus rules and regulations;

h. departmental observance of proper health and safety regulations, in coordination with the campus environmental health and safety officer;

i. maintenance of records and of faculty and staff personnel files, and preparation of reports in accordance with the University and college or school procedures;

j. enforcement of the "one-sixth" rule regarding outside compensation for consulting in accordance with regent and campus regulations;

k. reporting to the dean, or appropriate administrators -- whenever the problem cannot be expeditiously resolved at the departmental level -- any failure of an academic or staff member of the department to carry out responsibilities, and recommendation of appropriate remedial and/or disciplinary action.

A chair of a department is expected to perform his or her duties listed above according to the highest standards of professionalism. As a faculty member who also has administrative duties, the chair of a department has the professional rights of a faculty member set forth in Part I of this document. He or she necessarily also has the professional responsibilities of a faculty member and is subject to the ethical principles, limitations, and guides regarding faculty conduct set forth in Part II of this document. In particular, a department chair is expected to treat faculty members, staff, and students with understanding, dignity and respect. He or she is expected to avoid conflicts of interest, and to make academic and administrative recommendations or decisions strictly on the basis of the merits of the case in question, without discriminating against a faculty member, staff member, or student on political grounds or for reasons of race, religion, sex, sexual orientation, or ethnic origin, or for other illegal, arbitrary, or personal reasons.

A department chair should also be receptive, in the matters listed in Section III.A.1.d, above, to communications received from persons other than members of the department or students, if such other persons have a legitimate interest. The chair has the responsibility to take appropriate action as required in all such matters, and to notify complaining or other affected persons of the action taken. Department chairs are encouraged to manage or resolve conflicts through direct communication at the lowest appropriate level. If a faculty member disagrees with an action taken by the chair, the faculty member should raise the issue first with the chair in order to try to obtain resolution in a direct communication with the chair. (See Section II.C.1.e.) If the issue is referred to a higher administrative level, all parties involved should be duly informed and given copies of written communications and other documents submitted.

Review of a faculty member's* conduct that is alleged to be unprofessional, and any sanction imposed as a consequence of a determination that the conduct is unprofessional, shall be made in accordance with the principles and procedures set forth below in this Part IV. A faculty member who believes himself or herself to be aggrieved by allegations or rumors of unprofessional conduct may also request a determination to be made with regard to the allegations or rumors, and may otherwise invoke the procedures provided in this Part for review of his or her conduct.

1. Presenting Allegations of Unprofessional Conduct Against a Faculty Member

   Any administrator, faculty member, staff member, student, or other interested person who believes that a Boulder Campus faculty member (the "Accused Faculty Member") has acted in an unprofessional manner, may present specific allegations of such conduct to the administrator responsible for determining whether unprofessional conduct has taken place by the Accused Faculty Member (the "Supervising Administrator"). The Supervising Administrator shall normally be the immediate administrative supervisor of the Accused Faculty Member. The Supervising Administrator may himself or herself be the source of the allegations against the Accused Faculty Member. The allegations shall ordinarily be reduced to written form. Initially, the allegations may be presented in either oral or written form. However, if the matter is not resolved under sections IV.B.2 or IV.B.3, the allegations must thereupon be expressed in writing in any further proceedings.

2. Initial Inquiry by the Supervising Administrator
   a. The Supervising Administrator shall first determine whether the alleged misconduct would fall within an area for which a special procedure for review has been established (see section IV.A.1), and, if so, he or she shall refer the allegations to the appropriate body or person under the special procedure.

   b. Otherwise, the Supervising Administrator may make such initial inquiry as he or she may deem appropriate to determine whether the allegations are patently untrue or frivolous, or do not involve unprofessional conduct, or that they involve matters that are too insubstantial to deserve further attention. In any of such instances, the Supervising Administrator shall advise the person presenting the allegations, orally or in writing, of the Supervising Administrator's decision not to pursue the matter further.

3. Meeting with the Accused Faculty Member
   a. If allegations are not disposed of under the preceding provisions, the Supervising Administrator shall meet with the Accused Faculty Member and shall discuss the allegations with him or her. Either the Supervising Administrator or the Accused Faculty Member may request that the person or persons presenting the allegations, and/or other persons having relevant information, meet with the Supervising Administrator and the Accused Faculty Member.

   b. If as a result of the discussion, the Accused Faculty Member persuades the Supervising Administrator that the allegations are patently untrue or frivolous, or do not involve unprofessional conduct, or that they involve matters that are so insubstantial as not to deserve further attention, the Supervising Administrator shall advise the person or persons presenting the allegations, orally or in writing, of the Supervising Administrator's decision not to pursue the matter further.

4. Resolution of the Matter by Agreement.
   a. Faculty members and administrators are encouraged to attempt to resolve disputes concerning professional conduct of faculty members at the lowest possible level, and to that end they are encouraged to resolve such disputes, if possible, through direct personal discussion and agreement, or through use of agreed upon mediation. (The previous sentence does not apply in cases where other policies or procedures require the institution of more formal processes for resolution of the dispute, such as in the case of allegations of research misconduct or of sexual harassment or involving the possible suspension or dismissal of a faculty member. See section IV.A.1 above.) If a dispute concerning professional conduct of a faculty member is resolved by agreement, the parties must take into account in reaching the agreement the policies regarding sanctions and record keeping set forth in sections IV.C and IV.D below. The Supervising Administrator shall determine whether the Accused Faculty Member admits, after discussion, that he or she has committed unprofessional conduct. If so, the Supervising Administrator may propose a sanction that he or she deems appropriate and warranted for the conduct in question, in accordance with section IV.C below. If the Accused Faculty Member accepts the proposed sanction, the Supervising Administrator may impose the sanction, subject to the provisions of section IV.C below.

   b. If the Accused Faculty Member and the Supervising Administrator both consent, they may seek to resolve the matter through mediation. In such event, the matter may be referred to one or more disinterested faculty members (the "Mediating Body") chosen by these parties, or the Mediating Body may be selected as a result of a request made to the Professional Responsibilities Committee of the Boulder Faculty Assembly, under section IV.B.8 below. The Mediating Body shall use its best efforts to assist the parties to reach resolution of the matter through agreement. This provision shall not preclude mediation by the Boulder Campus Ombuds Office, or such other University or non-University mediation facility as may be available. (See section IV.B.9, for administrative support.)

5. Request for Recusal of the Supervising Administrator; Referral of a Matter to a Higher Administrative Level
   a. If the matter is not disposed of under the preceding provisions, and if the Accused Faculty Member believes that the Supervising Administrator cannot be objective in considering the matter, the faculty member may request that the administrator recuse himself or herself in the matter, and shall present the reasons for the request. If such a request is made, the Supervising Administrator shall promptly consider the request and reasons and shall recuse himself or herself unless he or she in good faith determines both that the grounds for the faculty member's request are not well founded and that there would be no appearance of impropriety in the determination of the matter by the administrator. An Accused Faculty Member may promptly appeal a decision against recusal to the next higher administrative level, and in such case the matter will be suspended pending the appeal. The appeal shall be determined as promptly as possible. If the Supervising Administrator decides to recuse himself or herself, or if on an appeal the Supervising Administrator is directed to withdraw from the matter, the matter shall be referred to the next higher administrative level, and the administrator at that level shall thereupon become the Supervising Administrator for the matter.

   b. If, at any time, the Supervising Administrator believes that, because of the small size of the unit, or because of the particular nature of the matter, or for other reason, that (despite the general principle stated in section IV.A.2 above) it would be more appropriate to resolve the matter at a higher administrative level, the Supervising Administrator may refer the matter to the next higher administrative level, and the administrator at that level shall thereupon become the Supervising Administrator for the matter. In addition, if the Supervising Administrator and the Accused Faculty Member agree that the matter should be resolved by the Vice Chancellor or by the Chancellor, the matter may be referred directly to the agreed upon administrator, who shall thereupon become the Supervising Administrator for the matter.

6. Determination of Unprofessional Conduct and Sanctions in Absence of Agreement

   If the Accused Faculty Member does not agree that unprofessional conduct has occurred, or if having agreed that unprofessional conduct has occurred the Accused Faculty Member does not agree to a proposed sanction, the Supervising Administrator may not make a finding of unprofessional conduct, or impose the sanction for unprofessional conduct, as the case may be, without first consulting an Advisory Committee of faculty members, as provided for in section IV.B.7 below; provided, however, that if the proposed sanction is merely the emphasizing of the faculty member's professional responsibilities under section IV.C.4.b.i or an oral admonition of the faculty member under section IV.C.4.b.ii, the Supervising Administrator may proceed to determine whether unprofessional conduct has occurred and, if found, to impose one or both of such sanctions.

7. Resolution Upon Consultation with an Advisory Committee of Faculty Members
   a. If, under section IV.B.6 above, an Advisory Committee of faculty members must be consulted in determining whether the alleged conduct is unprofessional and/or in determining what sanctions may be appropriate if unprofessional conduct is found, the Supervising Administrator shall refer the matter to a faculty Advisory Committee that will hear the matter. The Advisory Committee may be formed as a result of a request made to the Professional Responsibilities Committee of the Boulder Faculty Assembly, under section IV.B.8 below. Otherwise, the Supervising Administrator shall select a committee of three disinterested faculty members from within the unit concerned (or, if necessary, from within the discipline or a related discipline or from cognate faculty members with reference to the subject matter of the alleged misconduct). The Advisory Committee may be a standing or an ad hoc committee. In acting in the matter, the Advisory Committee shall be governed by the procedures set forth in the next section.

   b. The following procedures shall apply:

   i. The Accused Faculty Member and the Supervising Administrator shall each have an opportunity to present the matter to the Advisory Committee, by testimony or written submissions from themselves or from other persons, and by such other evidence as they or such other persons deem desirable. The Advisory Committee may also make such independent investigation of the matter as it deems advisable. The Accused Faculty Member may be assisted by legal counsel or another advisor in the matter, and that faculty member and such legal counsel or other advisor may be present at any hearing conducted by the Advisory Committee at which evidence is taken from that faculty member in the matter; provided, however, that such legal counsel or other advisor may only advise the Accused Faculty Member and may not speak for that faculty member. (If the Accused Faculty Member's legal counsel desires to discuss legal matters relating to the counsel's client with a University representative, the counsel shall discuss the matter with the Office of the University Counsel for the Boulder Campus, or other legal counsel appointed for the purpose, who shall counsel the Advisory Committee with respect to the matter. The Supervising Administrator may also obtain legal advice and assistance from the Office of the University Counsel, as provided in section IV.B.9.b. below.) If either the Supervising Administrator or the Accused Faculty Member declines to participate or cooperate in presenting the matter to the Advisory Committee, or if any other University employee refuses to participate or cooperate in providing information to the Advisory Committee, the Advisory Committee may seek to obtain that participation and cooperation through a request made to the Office of the Vice Chancellor for Academic Affairs. If the participation and cooperation are not forthcoming, the Advisory Committee may nonetheless proceed to hear such presentation of the matter as is available to it, and may make such independent investigation of the matter as the Advisory Committee deems advisable.

   ii. Following the presentation of the matter, and any independent investigation that the Advisory Committee may make, the Advisory Committee shall provide in writing, to both the Supervising Administrator and the Accused Faculty Member (and also to the Professional Responsibilities Committee if the latter appointed the Advisory Committee), its findings and advice as to whether or not the alleged conduct occurred and was unprofessional and, if it finds unprofessional conduct, its advice and recommendation as to the sanction or sanctions it considers appropriate in the matter. The Advisory Committee may also determine, after hearing the matter, that it would be inappropriate for it to give advice as to whether the alleged conduct is unprofessional or as to recommended sanctions. In such case the Advisory Committee shall report to both parties (and also to the Professional Responsibilities Committee if the latter appointed the Advisory Committee), its determination and the reasons therefor.

   iii. No findings, advice, or recommendations of the Advisory Committee shall be binding on an administrator imposing sanctions for unprofessional faculty conduct, but if that administrator acts inconsistently with the findings, advice, or recommendations, in whole or in part, that administrator shall inform the Advisory Committee (and also the Professional Responsibilities Committee if the latter appointed the Advisory Committee), in writing, of his or her reasons for departing from the findings, advice, or recommendations. The report of the Advisory Committee (and the written reasons of the administrator for departing from the Advisory Committee's recommendations, if required) shall be made available by the University in any administrative review of the administrator's determinations in the matter, in any review by the Committee on Privilege and Tenure, and in any other proceeding in which the administrator's decision is reviewed. Whether or not the Accused Faculty Member seeks review of the administrator's decision, if either the Advisory Committee that issued the report, or the Professional Responsibilities Committee, concludes that the administrator's reasons in the written response are inadequate and raise important issues of institutional concern, such committee or committees also may seek further administrative review of the administrator's decision, for purposes only of raising, discussing, and examining policy issues arising out of the matter, and shall not in any way prejudice rights of the Accused Faculty Member in the specific case.

   iv. The Advisory Committee and the Professional Responsibilities Committee shall maintain confidentiality in the matter considered, and the Advisory Committee shall request that all persons providing testimony or other evidence to the Advisory Committee in the matter also maintain confidentiality. The requirement of confidentiality may be waived in writing by the Accused Faculty Member; and the confidentiality requirement shall not apply to the extent that public sanctions require disclosure, or to the extent that complaining or other affected persons are notified of the action taken, or to the extent otherwise required by law.

   v. The Professional Responsibilities Committee may adopt such supplementary rules and procedures for the implementation of the provisions of this Part IV as the Professional Responsibilities Committee may deem desirable, either as standing rules and procedures or as supplemental rules and procedures for a particular matter. Any Advisory Committee appointed or acting under the provisions of this Part IV may also adopt such supplemental rules and procedures as that committee may deem desirable for the conduct of its responsibilities; however, such rules and procedures shall not be inconsistent with rules or procedures of this Part IV or rules or procedures adopted by the Professional Responsibilities Committee that are applicable to the matter.

8. Assistance of the Professional Responsibilities Committee

   a. If, because of the nature of the matter, the size or composition of the unit, or other reason, either the Accused Faculty Member or the Supervising Administrator believes that it would be desirable to do so, either such party may request mediation by or consultation from the Boulder Faculty Assembly Professional Responsibilities Committee for that purpose.

   b. If a request for such assistance is made to the Professional Responsibilities Committee, the matter shall be dealt with as follows:

   i. If mediation is requested from the Professional Responsibilities Committee, the committee may decline to act in the matter or it may appoint one or more disinterested faculty members (who may, but need not, be a member or members of the committee) to mediate in the matter (the "Mediating Body"). If the Professional Responsibilities Committee declines to act in the matter, it shall advise both parties in writing of the Committee's reasons for declining, and of any recommendation the Committee may have with regard to appropriate procedures for resolving the matter. If the Professional Responsibilities Committee appoints a Mediating Body for the matter the Mediating Body shall, with the consent of the parties, serve as the Mediating Body referred to in section IV.B.4.b above.

   ii. If consultation is requested from the Professional Responsibilities Committee, the committee may decline to act in the matter or it may appoint an Advisory Committee of three disinterested faculty members (who may, but need not, be members of the Professional Responsibilities Committee) to hear and give advice and recommendations in the matter. If the Professional Responsibilities Committee declines to act in the matter, it shall advise both parties in writing of the committee's reasons for declining, and of any recommendation the committee may have as to appropriate procedures for resolving the matter. If the Professional Responsibilities Committee appoints such an Advisory Committee, that committee shall serve as the Advisory Committee referred to in section IV.B.7 above.

9. Administrative Support
   a. The Office of the Vice Chancellor for Academic Affairs of the Boulder Campus shall provide reasonable assistance to any Mediating Body or Advisory Committee appointed or acting under these provisions: (a) through providing funds for reasonable expenses incurred by the Mediating Body or Advisory Committee in discharging its responsibilities under these procedures; (b) through providing reasonable staff support, copying and communications allocations, and other institutional administrative resources warranted under the circumstances; and (c) through seeking to obtain the participation and cooperation in the proceedings of persons believed by the Mediating Body or Advisory Committee to have evidence relating to the allegations of unprofessional conduct being considered. Notwithstanding the foregoing, no funds shall be provided for any non-University mediation facility unless the use of that facility, and funding for that purpose, is expressly authorized and approved by the Office of the Vice Chancellor for Academic Affairs.

   b. The Office of the University Counsel shall provide assistance and counsel to the Supervising Administrator, to the Professional Responsibilities Committee, and to any Mediating Body or Advisory Committee appointed or acting under these provisions, as may be reasonably required in the performance of its or their functions under these procedures.

1. Considerations for Determining Sanctions

   Any sanctions selected by an administrator, or recommended by an Advisory Committee, for unprofessional conduct of a faculty member, shall be sanctions that are considered both appropriate for and likely to remedy and/or justly penalize the unprofessional conduct in question. In all cases in which a sanction is selected or recommended, the determination of the appropriate sanction depends upon the facts and circumstances of the particular instance of unprofessional conduct, including the nature of the unprofessional conduct, whether the unprofessional conduct was purposeful or negligent, whether unprofessional conduct has been repeated or is likely to be repeated, the harm resulting from the unprofessional conduct, and other relevant matters. Sanctions shall be selected or recommended only after a careful consideration of the principles of academic freedom of faculty members, and should give effect to those principles. (See Laws of the Regents, 1990, Article 5, Part D, reprinted in Appendix A to this Professional Standards Document.) Because of the threat to academic freedom, an administrator should not demand an apology from a faculty member without consultation with an appropriate faculty committee. (See Boulder Faculty Assembly Resolution on Administrators' Demands for Apologies by Faculty Members, Appendix C, Section 5.)

2. Limitation on Imposing Sanctions Providing for Suspension or Dismissal of a Faculty Member

   Any suspension or dismissal of a faculty member shall be made only under the procedures provided for such action in the Laws of the Regents. (See Laws of the Regents, 1990, Article 5, Part C.)

3. Limitation on Imposing Sanctions for Failure to Act in a Professionally Collegial Manner.

   Collegiality (See section II.C, "Ethical Principles") contributes to a cooperative, harmonious, and productive work environment in an academic unit. Merely disruptive or irritating conduct, evidencing an unprofessional lack of collegiality, shall not alone be the basis for imposing a sanction more severe than a confidential reprimand of a faculty member. However, a more serious sanction may be employed if, through consultation with a committee of disinterested faculty members, it is determined that the uncollegial conduct is threatening the effective operation of the academic unit or is substantially interfering with the academic work of one or more of its faculty members, staff, or students, and that the sanction is warranted under the circumstances.

4. Authorized Sanctions and By Whom Imposed
   a. Subject to the foregoing, sanctions for unprofessional conduct by a faculty member may consist of any one or more of the sanctions listed below, as may be appropriate, and any other sanction or sanctions that may be considered appropriate in the particular instance. The order in which sanctions are stated in the listing below does not mean that they must be imposed successively, nor does it mean that any lesser sanction must be imposed before a more severe sanction may be imposed.

   b. Sanctions will normally be imposed by the Supervising Administrator. However, sanctions referred to in sections IV.C.4.b.vii through IV.C.4.b.ix below may only be imposed by an administrator who holds the position of dean of a school or college, or who holds an equivalent or higher administrative level position. If the Supervising Administrator believes such a sanction to be appropriate but does not hold such a position, he or she shall refer the matter, with his or her recommendation as to sanctions, to the administrator at the next highest level of administration who holds such a position. The administrator at that level shall then determine the appropriate sanction, if any, following a review of the recommendation for sanction, any record available, and any written statement the Accused Faculty Member may wish to make in the matter to that administrator. Sanctions referred to in sections IV.C.4.b.x and IV.C.4.b.xi may only be imposed under the special procedures provided for in the Laws of the Regents. (See section IV.C.2 above.)

   c. Sanctions for unprofessional conduct by a faculty member may include the following:

   i. emphasizing, orally or in writing, to the faculty member his or her professional responsibilities;

   ii. oral or written admonition of the faculty member;

   iii. confidential reprimand of the faculty member;

   iv. public reprimand of the faculty member;

   v. reassignment, temporarily or permanently, of the faculty member's office or other working space (with the appropriate consent of any academic unit affected);

   vi. reassignment, temporarily or permanently, of the faculty member's courses or other duties;

   vii. reassignment, temporarily or permanently, of the faculty member to another academic unit (with the appropriate consent of any academic unit affected);

   viii. withholding raises or privileges for the faculty member for a specified period or until the faculty member demonstrates, under the terms of the sanction, that he or she has terminated the unprofessional conduct;

   ix. temporary or continuing reduction in salary or privileges of the faculty member;

   x. suspension of the faculty member (subject to the provisions of section IV.C.2 above) for a period stated or until stated conditions are met; or

   xi. termination of employment or dismissal of the faculty member (subject to the provisions of section IV.C.2 above).

5. Special Requirements for Temporary Sanctions

   In any case in which a temporary sanction is imposed, the temporary sanction shall expressly provide for the term of the sanction, or for the conditions upon which the sanction will terminate, either automatically or after a hearing determining that such conditions have been satisfied. Any such hearing shall be conducted by the administrative officer who imposed the sanction, or by the officer's successor or designee.

1. Reporting

   Any discipline imposed on a faculty member for unprofessional conduct (other than merely the emphasizing of the faculty member's professional obligations under section IV.C.4.b.i or an oral admonition under section IV.C.4.b.ii above), and any decision made concerning whether the terms of a temporary sanction have been met, shall be reported to the next higher administrative level.

2. Records
   a. Except as otherwise provided in the terms of a sanction, any sanction imposed on a faculty member (other than merely the emphasizing of the faculty member's professional obligations under section IV.C.4.b.i or an oral admonition under section IV.C.4.b.ii above) shall be evidenced in writing and shall become part of the personnel file of the faculty member.

   b. The faculty member upon whom the sanction was imposed shall receive a copy of the written evidence of the sanction. The faculty member may, at an appropriate time, request that the evidence of the sanction be removed from his or her personnel file in accordance with any applicable University procedures.

   c. A copy of the written evidence of any sanction, and any other records pertaining to any matter dealt with under these provisions, in the hands of the administrator making the decision or of any Advisory Committee appointed under these provisions, shall be made available to any review as contemplated in these provisions. In the absence of any such review, such records shall be maintained in a confidential file by the administrator making the decision, except as the administrator may otherwise be directed by order of any tribunal or by express University policy or by University Counsel, or except as the records may become relevant to a sanction in a further matter of unprofessional conduct by the faculty member. In the absence of any other direction, the material in the confidential file shall be destroyed after a period of one year from the date of the decision of the administrator if no sanction was imposed. If any part of the confidential material consists of property belonging to another person, a copy or a description of such property shall be placed in the confidential file, and the property shall be returned to the owner as soon as possible.

1. Review at the Request of the Faculty Member

   Any determination of unprofessional conduct by a faculty member or imposition of a sanction for the unprofessional conduct shall be appealable by the faculty member to the next higher administrative level, and may, at the faculty member's request, also be reviewed by the Committee on Privilege and Tenure. If the faculty member, in writing, waives review by a particular administrative level, the matter may be appealed directly to a higher administrative level.

2. Review at the Request of an Advisory Committee or of the Professional Responsibilities Committee

   An Advisory Committee and/or the Professional Responsibilities Committee may request review of an administrator's decision with respect to a matter of alleged unprofessional conduct of a faculty member in the instances, and subject to the limitations, provided for in section IV.B.7.b.iii above.

Appendix A

Principles of Academic Freedom
(From Laws of the Regents, 1990, Article 5, Part D)

(A)	The University of Colorado was created and is maintained to afford men and women a liberal education in the several branches of literature, arts, sciences, and the professions. These aims can only be achieved in that atmosphere of free inquiry and discussion which has become a tradition of universities and is called academic freedom.
(B)	For this purpose, academic freedom is defined as the freedom to inquire, discover, publish and teach truth as the faculty member sees it, subject to no control or authority save the control and authority of the rational methods by which truth is established.
(C)	Within the bounds of this definition, academic freedom requires that members of the faculty must have complete freedom to study, to learn, to do research, and to communicate the results of these pursuits to others. The students likewise must have freedom of study and discussion. The fullest exposure to conflicting opinions is the best insurance against error.
(D)	Academic freedom does not give either faculty or students the right to disregard the standards of conduct outlined in part B of article 7 of these Laws.

5.D.2. Faculty Responsibility

(A)	Where such freedom prevails, faculty members have the responsibility of maintaining competence; of exerting themselves to the limit of their intellectual capacities in scholarship, research, writing, and speaking; and of acting on and off the campus with integrity and in accordance with the highest standards of their profession. While they fulfill this responsibility, their efforts should not be subjected to direct or indirect pressures or interference from within the University, and the University will resist to the utmost such pressures or interference when exerted from without.
(B)	Faculty members can meet their responsibilities only when they have confidence that their work will be judged on its merits alone. For this reason the appointment, promotion, and dismissal of faculty members should be based primarily on the individual's ability in teaching, research, writing, or other scholarly activities and should not be influenced by such extrinsic considerations as political, social, or religious views, or views concerning departmental or University operation or administration.
(C)	The faculty member is entitled to freedom in the classroom in discussing the subject, but should be careful not to introduce into teaching controversial matter that has no relation to the subject.
(D)	Faculty members are citizens, members of learned professions, and officers of an educational institution. When speaking or writing as citizens, they should be free from University censorship or discipline, but their special position in the community imposes special obligations. As persons of learning and as educational officers, they should remember that the public may judge their profession and institution by their utterances. Hence faculty members should be accurate at all times, should exercise appropriate restraint and show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.

5.D.3 Student Responsibility

Within the limits of academic discipline, students have an equivalent responsibility for study and learning. They should be judged on the merits of their performance without reference to their political, social, or religious views.

4.A.6 Faculty Powers

A college or school faculty shall have jurisdiction over all matters under section 5.E.5 of these Laws that concern only the college or school in question, such as deciding all matters of educational policy affecting only the college or school including academic requirements for admission, for continuance, and for graduation. In addition, the faculty of a college or school shall have jurisdiction over matters of academic ethics under such procedures as may be approved by the Board of Regents.

5.E.5. Powers and Duties of Faculty Defined in Relation to the Administration and the Board of Regents

Note: Nothing in this section shall be interpreted as modifying those powers delegated to the faculty of individual schools and colleges in section 4.A.6 of these Laws.

(A)	The University Faculty Senate, acting through the faculty government entities recognized in part E above, shall share the governance of the University with the administration and the Board of Regents in accordance with these Laws and the laws of the State of Colorado.

(1)	The faculty, under administrative supervision and in accordance with these Laws and the laws of the State of Colorado, shall have the principal responsibility for originating policy in the areas of:

(a)	academic policy, including initial authorization and direction of all courses, curricula, and degrees offered under the jurisdiction of University academic units;
(b)	scholastic policy, including scholastic standards for admission, grading, continuation, graduation, and honors; as required by section 4.A.3 of these Laws, the deans of the colleges and schools shall have responsibility for enforcement of admission requirements; and
(c)	academic ethics, including development of policies and procedures.

(2)	The faculty shall act jointly with the administration to make recommendations to the Board of Regents in the areas of:

(a)	establishment of policies and procedures for faculty appointment, promotion, and tenure review; establishment of policy and procedures for the appeal of decisions on faculty appointment, promotion, and tenure; and joint participation in decisions affecting these policies;
(b)	regulation of student conduct and activities;
(c)	budgetary review and development of recommendations concerning University resources;
(d)	selection of academic administrators;
(e)	determination of candidates for degree; and
(f)	making of other policy concerning the general academic welfare of the University.

(B)	The faculty shall in its own discretion formulate the faculty organizational system to effect the policies and regulations established under subsection 5.E.5(A) of these Laws.
(C)	No administrative or regental policy changes affecting matters listed in section 5.E.5 shall be implemented without prior consultation with appropriate faculty governing bodies.

1. Statement on Faculty Absences, Adopted by the Boulder Faculty Assembly, April 1980

It is expected that faculty members will not be absent from classes except in cases of illness, personal emergency, religious observance or when the absence is desirable for the faculty member to meet his or her professional responsibilities.

It is expected that arrangements will be made for covering instructional and other activities during the period of absence.

Departmental chairpersons are expected to take whatever measures are necessary to safeguard against inappropriate absence from classroom responsibilities.

a. Laws of the Regents, 1990, Article 10. Non-Discrimination

10.A.1 Employees

The University of Colorado shall employ persons solely on the basis of merit and fitness, and shall avoid discrimination because of race, color, religion, sex, age, political affiliation, national origin, individual disability, or veteran status.

10.A.2 Students

(A) There shall be neither distinction nor classification of students at the University nor any restriction of membership in University-affiliated groups based on race, color, or creed.

(B) The University shall not maintain an affiliated relationship with any social organization or University interest group that is compelled by its constitution, ritual, or government to deny membership to any person because of race, color, or religion. Final decision on who meets the requirements for membership shall be vested in the active membership of the affiliated groups of the University, recognizing that active membership may include students, faculty staff, and selected persons without other University connection.

(C) This policy shall not apply to student groups organized in good faith for devotional purposes or for the study or propagation of a religious faith.

b. Boulder Chancellor's Policy on Diversity, 1994
REAFFIRMATION OF POLICY
In its pursuit of excellence, the University of Colorado at Boulder (UCB) recognizes the importance of its commitment to diversity. UCB reaffirms this commitment to both the concept and process of affirmative action. Central to the educational purpose of this institution is a need to reflect the diversity of our society including faculty, students, and staff. We must continue to make major advances in this area.

We must be more active in our responses to the concepts, methodologies and characteristics of affirmative action. UCB will continue to take explicit affirmative action to employ, retain, and advance in employment qualified members of all protected groups. UCB provides equal opportunity for all employees and applicants for employment regardless of race, color, creed, religion, national origin, veteran status, age, or sex, except where sex or age is a bona fide occupational qualification. Discrimination on the basis of disability in employment at UCB is prohibited.

UCB provides equal opportunity for all students and applicants for admission, regardless of race, color, creed, religion, national origin, veteran status, age, or sex. Discrimination on the basis of disability in education programs and activities at UCB is prohibited. UCB will implement programs to overcome the effects of past discrimination.

UCB remains firm in its commitment to diversity and practice of affirmative action. We must retain this principle as well as develop and support specific goals and objectives. Not until UCB reflects the full range of the rich diversity found in this country's society, will our educational goals be met.

Responsibilities for implementation of equal employment opportunity and affirmative action programs at UCB are assigned to Garnett K. Tatum, Director of Affirmative Action and Services. His office is located at 1450 15th Street. The telephone number is (303) 492-6706.

c. Boulder Chancellor's Statement on the Mission and Role of the Boulder Campus With Respect to Gay, Lesbian and Bisexual Issues, 1994
On several occasions since my arrival in Boulder I have stated that my vision of this campus is one which is "second to none and open to all." By open to all I mean that CU-Boulder is open to all Colorado citizens who are academically qualified to benefit from the fine education offered here. Open to all has an additional meaning. CU-Boulder is committed to making the Boulder campus a community in which diversity, including sexual orientation, is an accepted value. In this regard CU-Boulder goes beyond the mandate of federal statute. It is the commitment of this campus to support all members of our community as they work to fulfill their educational ambitions.

3. Policy Statements on Sexual Harassment

a. University Policy Statement on Sexual Harassment, 1989
Introduction
The mission of the University of Colorado requires an open, learning and working environment for students, staff, faculty, and others. An open learning and working environment is one that values and protects individual dignity and the integrity of relationships. The University of Colorado is committed to maintaining an environment free of inappropriate and disrespectful conduct and communication of a sexual nature. The University will honor its ethical and legal obligations to prohibit sexual harassment. Unwelcome sexual attention has a debilitating effect on morale and poisons the learning and working environment.

For these reasons, the following policy statement has been developed in consultation with appropriate University constituents, including affirmative action officers. It is intended to ensure that the University maintains an environment that is appropriate to its educational mission, that the University is in compliance with its legal and ethical obligations, that policies exist to respond to allegations of sexual harassment, and that all persons are provided information about these policies.

Definition

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other physical and expressive behavior of a sexual nature where: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; (2) submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's academic or professional performance or creating an intimidating, hostile or demeaning employment or educational environment.

Policy Statement

Sexual harassment will not be tolerated at the University of Colorado.

[Additional provisions of the policy statement are omitted here, but may be found in the complete text of the University Policy Statement on Sexual Harassment, 1989]

b. University of Colorado at Boulder Sexual Harassment Policy and Procedures, 1995

I. Introduction
The mission of the University of Colorado at Boulder (the "University") requires an open working and living environment free of sexual harassment for students, faculty, staff and administrators. Sexual harassment is prohibited as a form of sex discrimination in the workplace by federal and state law; therefore, sexual harassment is prohibited on campus and in University programs. The University is committed to taking appropriate action against those who violate the University policy prohibiting sexual harassment.

The purposes of the University's Sexual Harassment Policy and Procedures, hereinafter referred to as "the Policy,": are:

1. to define sexual harassment;

2. to prohibit sexual harassment on campus and in University programs; and

3. to describe resources and procedures for addressing sexual harassment when it is alleged to have occurred.

II. Policy on Sexual Harassment

A. Definition

The University adheres to the Equal Employment Opportunity Commission's definition of sexual harassment as modified for the University setting:

Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, living conditions and/or academic evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; and/or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile or offensive working or educational environment.

[Further provisions, including description of types of sexual harassment; protection against retaliation against persons making complaints of sexual harassment; a discussion of romantic/sexual relationships within the instructional/employment context and a prohibition on such conduct in certain cases without disclosure to the University, and an obligation on the faculty member to withdraw from participation in academic activities or decisions involving the student in certain cases; and procedures for redress of complaints, are omitted here, but may be found in the full text of the University of Colorado at Boulder Sexual Harassment Policy and Procedures, 1995.]

4. Policy Statements on Additional Remuneration for Consultative Services

a. Action of the Regents, 8/14/44, as amended 6/12/48

See Faculty Handbook, 1988, Part VI, Section I.C, at pp. VI-2 and VI-3. [The regent action is explained in more detail and implemented by the following action of the Boulder Faculty Assembly and the Boulder Campus Chancellor.]

b. Policy on Remuneration and Professional Service, as adopted by the Boulder Faculty Assembly, and Accepted by the Chancellor, 1980

1. General Policy: Faculty members on regular appointment at the University of Colorado receive salaries based on " . . . consideration of the total contribution of the individual to the University (in the form of) teaching, . . . research or other scholarly work, . . . and services to the state and nation . . . ." (Article IX, Laws of the Regents.) [Note: the Laws of the Regents were revised in 1990, and comparable language now appears in Article 11, section 11.A.2 of the Laws of the Regents, 1990.] In addition to these regular duties, the activities are considered by the University to be desirable and legitimate functions that serve to keep the faculty abreast of current problems of their disciplines and to provide opportunities for the education of graduate students. Faculty members, nevertheless, have their primary responsibility to the University and they may not engage in any endeavors, paid or free, that adversely affect the discharge of their University duties.

   As professionals, faculty members are not required to perform their University activities in accordance with a detailed work schedule. Instead they are usually employed on a regular academic-year basis (fall registration to spring commencement) or an eleven-month basis, and are expected to be on duty during this regular period. Grant and contract research funds administered by the University may not be used to increase a faculty member's salary during the individual's period of regular appointment.

2. One-sixth Rule: The Regents of the University of Colorado have approved a policy allowing faculty members to devote "not more than one-sixth of their time and energy" to research, consulting, or other professional activities for which they receive additional remuneration. Accordingly, faculty members contemplating or engaging in professional activities for additional remuneration are expected to inform their chairman and/or dean, in writing, about such activities as soon as possible. When these activities are of a regular periodic nature, faculty members are expected to obtain approval in advance from the chairman and/or dean. In either case, these administrators will examine such activities to ensure that: (a) the activities are consistent with the faculty member's University responsibilities; (b) the activities are not already included in the faculty member's regularly assigned or routine responsibilities and duties; (c) the time allocation is in accord with the one-sixth rule; and (d) there is no conflict of interest as defined in Section III-subsection 2 of the Faculty Handbook, 1976 Edition. [Note: In the 1988 Edition of the Faculty Handbook, conflict of interest is dealt with in Part V, Section V, and in Part VI, Section I.B.]

3. Policy Guidelines: The following statements are provided as guidelines for application of the "one-sixth rule." Because of the variety of activities in which faculty members participate, it is recognized that flexibility in applying these guidelines is both appropriate and desirable.
   (a) One-sixth time is interpreted as 39 days during the academic year or 48 days during an eleven-month appointment (this is an average of approximately one day per week during the regular period of appointment). The time cannot be accumulated from year to year and must be distributed judiciously through the appointment period so that it does not interfere with primary University duties.

   (b) Activities to which the one-sixth rule applies include: consultation, private practice, lecturing, honorarium teaching, and other services where remuneration is received.

   (c) Activities in excess of the amount indicated in (a) normally will not be approved unless the faculty member's percentage of full time appointment is appropriately reduced or other similar arrangement is made.

   (d) Faculty members should regularly report their activities for additional remuneration to their Department Chairman [Director, or Dean].

   Any individual or primary unit may raise questions about the application of the above guidelines with the Review Committee (see below) which may then advise responsible Academic Officers concerning the appropriateness of particular interpretations of the guidelines with the various Primary Units.

4. Review Committee: Misinterpretations and misunderstandings of the above policies may arise. Therefore, a Faculty Review Committee shall be established. The Committee shall have a regular membership of three, selected for staggered three-year terms by the faculty governing body of each campus. The three members are to provide advice and assistance on problems concerning activities for additional remuneration. The Faculty Review Committee shall also act as an appeal board in cases where parties within the University differ in their interpretations of these policies. When functioning as an appeal board, the Committee shall add two members: of these one shall be selected by the Primary Unit, and one shall be selected by the appellant.

5. Statement on Administrators' Demands for Apologies by Faculty Members, Adopted by the Boulder Faculty Assembly, September 3, 1992

Because of the threat to academic freedom, an administrator ought not to be in the position to demand an apology from a faculty member. If upon extraordinary circumstances an apology is deemed to be necessary, this matter should be submitted to an appropriate conflict resolution unit of the faculty, such as the Committee on Privilege and Tenure and/or the Professional Responsibilities Committee.

Last updated: July 4th, 1996