Draft Four, 12-8-98
The Academic Freedom Subcommittee (AFS) recommends the senate adopt the following procedure for the disposition of alleged violations of academic freedom.
The Statement of Professional Responsibility (SPR) and the Faculty Bill of Rights (FBR) enumerate rights and responsibilities that are essential for the protection of academic freedom. That document empowers the AFS, formerly known as CAF and renamed in 1998, to review "Any question of interpretation either of rights or responsibilities."
Written complaints of violations of any provision of SPR or FBR shall be directed to the chair of the AFS. Any person responsible for teaching or support of instruction whose rights may have been violated or any member of the campus community who witnesses a possible violation may file a complaint.
The complaint shall indicate the specific provision of the SPR or FBR that may have been abrogated; it should include a description of the alleged violation, the available evidence, and, if desired, a proposed remedy. Individuals who may have been responsible for the alleged violation should be identified. The address, or other contact information, for the person making the complaint should be listed.
The chair of AFS shall make copies of the written complaint available to all alleged violating parties. After the complaint is received it should be considered at the next regularly scheduled meeting of AFS unless there is a compelling need for more timely action. The complaint shall proceed to a hearing conducted by a three person committee, appointed by the Chair of AFS from a random list of the tenured members of the faculty, unless four members of AFS conclude that it is without merit.
In the event that the complaint is not considered to be of sufficient merit to warrant a hearing the chair shall inform the complainant and alleged violators of the committee's decision in a timely fashion. The complainant shall have the right to appeal this decision to the Executive Committee of the Academic Senate and shall be informed of this right by the chair of AFS.
If, after receiving an appeal, a majority of the voting members of the Executive Committee decide that the complaint should be heard they shall, through their Chair, appoint a three person committee, drawn at random from the tenured members of the faculty, to conduct a hearing.
In the event that a hearing is conducted, either through the auspices of the AFS or the Executive Committee, it is incumbent upon those who are alleged to have violated SPR or FBR to participate in the hearing.
The committee will attempt to bring about a settlement of the matter that is satisfactory to all parties concerned. If, in the opinion of the committee, no settlement is possible the committee shall report its findings and recommendations to the complainant, the alleged violator(s), the chair of the appointing Committee (AFS or Executive Committee) and the Provost of the University.
Thirty days after these reports have been made the chair of the appointing committee will contact the Provost in order to inquire about any action that may have been taken. The chair shall report the results of this inquiry on the floor of the senate.
Each year, at the close of the spring semester, the chair of AFS will report all complaints that have been settled to the FSAC representative to AFS and a summary report of all settlements will be made to any newly elected chair of AFS. Files will be kept for 8 years.
