Quick Guide to Disciplinary Procedures and Sanctions

Prepared by Grievance Committee of the Metro State Faculty Federation

(For details, see MSU Denver Faculty Employment Handbook, Chapter X: Disciplinary Procedures and Sanctions)

Guiding Principles

A. Faculty are entitled to Due Process and Appeals rights for sanctions.

B. All reviewing bodies need to explicitly note and independently review Academic Freedom aspects. For example, criticism of a colleague generally falls within the scope of academic freedom 1.

C. Disciplinary sanctions should be progressive in nature. Repeated incidents of similar misconduct should be referred to a higher supervisory level. {Faculty Employment Handbook, X.D.1}

Progressive Discipline Steps2

Step 1. Supervisor (Department Chair) should make every effort to resolve issues informally. {X.E.1.}

Step 2. Written warning from Department Chair. The warning is shared to the faculty member and next level supervisor (e.g. Dean), notifying the faculty member that subsequent misconduct may result in formal sanctions. This warning is not placed in personnel file nor included in portfolio. Faculty members may submit a response to Chair and Dean. {X.E.4.(b)}

Subsequent repeated misconduct may result in sanctions. Sanctions memos must be placed in Human Resources personnel files for three years. Faculty have the right to appeal formal sanctions.

Step 3. The sanctions available to the Department Chair are (1) written reprimand and (2) temporary loss of privilege such as access to discretionary funds {X.E.5.(i)}

Step 4. Additional sanctions available to Deans are (1) required training or counseling, (2) ineligibility for committee service for a period not to exceed 3 years. {X.E.5.(j)}

Step 5. Additional sanctions available to the Provost are (1) reassignment with or without reduction in pay, (2) reduction in pay or rank. In the most extreme circumstances, the Provost may impose (1) suspension with or without pay, not to exceed one year or (2) termination for cause. {X.E.5.(k)}

Step 6. After 3 years with no sanctions, a faculty member’s sanction records are removed from personnel file. Such records can not be used to establish a pattern of repeated minor infractions (i.e. return to Step 1). {X.G.1.(l)}

Procedures for Investigations and Appeals

A Department Chair receiving a complaint must inform the faculty member of the specific allegations. The Chair (sometimes in consultation with Dean) will determine whether a formal investigation is warranted3. Faculty may appeal any sanction to a Hearing Panel consisting of faculty members of the Disciplinary Appeals Committee (DAC).

The DAC recommendation is then reviewed by the next level supervisor {X.F.}

Footnotes

  1. As defined by the American Association of University Professor’s Statement of Principles of Academic Freedom ↩︎
  2. Single incidents involving serious violations of the law including the rights of others, or academic fraud, may result in more severe sanctions, up to suspension or termination for cause (See Handbook Chapter on Termination of Faculty Appointments). ↩︎
  3. As defined by the American Association of University Professor’s Statement of Principles of Academic Freedom ↩︎