05.03.06

Determination by the Chancellor to Initiate Disciplinary Action

05.03.06
Determination by the Chancellor to Initiate Disciplinary Action The Chancellor shall make a final determination of probable cause within thirty days of receiving the recommendation from the Committee on Charges. If the Chancellor concurs with the Committee on Charges on a no-probable-cause finding, this decision shall be immediately transmitted, in writing, to the Chair of the Committee on Charges. The Chancellor shall promptly (within fifteen days) notify both the complainant and the accused Faculty member, in writing, of the finding of no probable cause by the Committee on Charges, of the concurrence by the Chancellor, and of the substance of the inquiry made by the Committee on Charges. The only record of the case shall be a statement prepared by the Committee on Charges and placed in its permanent file in the Academic Senate. That statement shall include the following information: the date, name of the accused Faculty member, name of the complainant, a brief statement of the allegations, and the decision by the Chancellor to dismiss the case on recommendation of the Committee on Charges. If the Chancellor determines that there is probable cause to warrant a disciplinary hearing, the Chancellor shall immediately notify the Chair of the Committee on Charges, in writing. If the Chancellor does not concur with the recommendation of the Committee on Charges, the Chancellor shall inform the Chair of the Committee on Charges, in writing, of the reasons for the decision. Upon a determination of probable cause, the Chancellor shall initiate notice of proposed disciplinary action, which requires that the Chancellor prepare written charges to be submitted to the Chair of the Committee on Privilege and Tenure of the Academic Senate, with a full statement of the facts underlying the charges and the disciplinary sanction(s) the Chancellor proposes in this case. The types of discipline that may be imposed on a member of the faculty are as follows, in order of severity: written censure, reduction in salary, demotion, suspension, denial or curtailment of emeritus status, and dismissal from the employ of the University. At the same time that the Chancellor submits the formal charges to the Committee on Privilege and Tenure, the Chancellor shall also notify both the complainant and the accused Faculty member, in writing, of the decision to file a formal complaint with the Committee on Privilege and Tenure.(Am 20 Feb 07)