Fact Sheet On Process For Dismissal Of Tenured Professors

Background

• Since the 1940s, tenure has been one of the fundamental tenets of American universities in the protection of academic freedom.
  
  
• According to the American Association of University Professors, tenure is intended to offer "freedom of teaching and research" and a certain degree of "economic security" to attract men and women to the profession.
  
  
• Tenure fosters the free exchange of ideas and the unfettered pursuit of new knowledge.
  
  
• The job security provided by tenure has its limits, as shown by two dismissals of tenured faculty members in recent years at the University of Colorado at Boulder.
  
  
• The U.S. Supreme Court has held that tenure is a "property interest" protected by the Fourteenth Amendment. Thus, tenure cannot be taken away without "due process of law."
  
  
• In order to meet Constitutional due process requirements, tenured professors may only be dismissed for cause and according to the process specified in the CU Laws of the Regents (Sources: Article 5.C, Laws of the Regents; Regent Policy 5-I.).
  
  
• The dismissal for cause process was adopted in consultation with the faculty. Consistent with the policies at other major universities, CU faculty members facing dismissal have an opportunity to be heard by the Faculty Senate Committee on Privilege and Tenure.

Grounds for Dismissal

• The grounds for dismissal as outlined in the Laws of the Regents include:
  
  
  • Demonstrable professional incompetence
  • Neglect of duty
  • Insubordination
  • Conviction of a felony or any offense involving moral turpitude
  • Sexual harassment
  • Other conduct that falls below minimum standards of professional integrity

Initiating the Process

• The process begins with the issuance by the Chancellor or designee of a notice of intent to dismiss.
  
  
• Once the faculty member receives that notice, he or she has 10 days to request review by the systemwide Faculty Senate Committee on Privilege and Tenure.

Faculty Senate Committee on Privilege and Tenure

• The Committee on Privilege and Tenure is composed entirely of faculty members designated by their campus faculty assemblies and approved by Faculty Council.
  
  
• The Committee on Privilege and Tenure designates a panel, consisting of five members, a chair, and independent legal counsel, to hear dismissal for cause proceedings.
  
  
• If requested by the faculty member, the designated panel receives the notice of intent to dismiss and arranges for a formal or informal hearing.

Hearings

• At formal hearings, parties may be represented by counsel; at informal hearings, they are not represented by counsel.
  
  
• The entire process is considered confidential and all hearings are closed, because they are considered personnel matters and therefore allowed to be confidential by law.
  
  
• Hearings may include cross-examination of witnesses and the production of documentation.
  
  
• A record is made which includes all documents provided to the panel, a transcript of the hearing, and all formal submissions of documents.
  
  
• The hearing must occur as expeditiously as possible. Ordinarily, it is concluded and the recommendation made within 90 days of the date of the notice to dismiss.

Panel Recommendations

• At the conclusion of the hearing, the panel makes a recommendation on whether or not the faculty member should be dismissed for cause.
  
  
• In order to make a recommendation for dismissal, the panel must find that the administration has proved its case by clear and convincing evidence.
  
  
• The panel provides a report, including its finding, to the University president, who then makes a decision on the matter.

Action by the President

• If the president disagrees with the panel's recommendation, he or she may ask the panel members to reconsider their decision and provide explanatory comments for her request.
  
  
• If the president decides the faculty member should be dismissed, the matter is referred to the Board of Regents for action, regardless of the panel’s ultimate recommendation.
  
  
• If the president decides the faculty member should not be dismissed, the matter ends and the case is closed.

Action by the Regents

• If the president forwards a recommendation to dismiss, the faculty member has an opportunity to appear before the Board for a hearing.
  
  
• The hearing before the Board is held in executive committee and is confidential, as allowed by law. Presentations may be made by the faculty member, the administration, and the Privilege and Tenure panel. The hearing is based on the record of the Privilege and Tenure proceeding, and new evidence is ordinarily not allowed.
  
  
• The Board is the final decision-maker in this proceeding, and any action is taken by resolution at a public meeting.

Legal Action

• In both instances where the University has dismissed a tenured professor for cause, the professor filed suit. The first decision was ultimately upheld after several appeals. The second is the subject of a pending lawsuit.

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