Pioneer University Faculty Handbook by Shane Moore

Faculty Handbook 19303 Third Street PO Box141 Oro Grande, CA 92368

Table of Contents SECTION I – MISSION OF THE UNIVERSITY ................................................................................... 5 MISSION STATEMENT........................................................................................................................................ 5 UNIVERSITY LEARNING REQUIREMENTS (ULR’S)................................................................................ 6 PREEMINENCE AND INFUSION OF PIONEER UNIVERSITY’S MISSION .............................................................. 7 PROGRAM EVALUATION ........................................................................................................................................... 8 Program Review and Ongoing Evaluation ............................................................................................. 10 SECTION 2 - GOVERNANCE................................................................................................................11 I. BOARD OF DIRECTORS ................................................................................................................................... 11 II. THE PRESIDENT OF THE UNIVERSITY AND OTHER OFFICERS OF THE CORPORATION .................... 11 President of the University............................................................................................................................. 12 III. ACADEMIC ORGANIZATION........................................................................................................................ 14 Academic Deans and Directors.................................................................................................................... 14 Division Chairmen and Department Heads............................................................................................ 15 SECTION 3 - FACULTY - GENERAL...................................................................................................16 I. THE FACULTY ASSEMBLY.............................................................................................................................. 16 II. THE FACULTY HANDBOOK .......................................................................................................................... 16 III. FACULTY COMPOSITION ............................................................................................................................. 16 SECTION 4 - ACADEMIC FREEDOM AND PROFESSIONAL RESPONSIBILITIES ..................17 I. ACADEMIC AND PROFESSIONAL FREEDOM ................................................................................................ 17 A. Academic Freedom .................................................................................................................................. 17 B. Professional Freedom ............................................................................................................................. 18 II. ACADEMIC AND PROFESSIONAL RESPONSIBILITIES ............................................................................... 18 A. General.......................................................................................................................................................... 18 B. Workload Profile ...................................................................................................................................... 18 C. Teaching ....................................................................................................................................................... 19 D. Mentoring .................................................................................................................................................... 19 E. Dissertation and Thesis.......................................................................................................................... 20 F. Curriculum................................................................................................................................................... 20 G. Research ....................................................................................................................................................... 20 H. Service........................................................................................................................................................... 20 III. ADDITIONAL RESPONSIBILITIES ............................................................................................................... 21 IV. PERSONAL CONFLICTS OF INTEREST ....................................................................................................... 21 V. POLITICAL PARTICIPATION ......................................................................................................................... 21 VI. OUTSIDE ACTIVITIES OF FACULTY MEMBERS ....................................................................................... 22 SECTION 5 - COMPENSATION & PERIODS OF SERVICE............................................................23 I. GENERAL .......................................................................................................................................................... 23 II. CONTRACTUAL CONDITIONS ....................................................................................................................... 23 III. PERIODS OF SERVICE .................................................................................................................................. 23 SECTION 6 - FACULTY APPOINTMENT, PROMOTION, AND TENURE ..................................24 I. AUTHORITY...................................................................................................................................................... 24 II. FACULTY DESIGNATIONS AND ORGANIZATION ...................................................................................... 24 III. TENURE AND TENURE-‐TRACK FACULTY ................................................................................................ 25 Promotion and Tenure .................................................................................................................................... 25 IV. NON-‐TENURE-‐TRACK FACULTY ............................................................................................................... 33 SECTION 7 - EMERITUS ......................................................................................................................34

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I. REVIEW FOR EMERITUS STATUS ................................................................................................................. 34 SECTION 8 - TERMINATION, DISMISSAL, & RESIGNATION.....................................................35 I. REASONS FOR TERMINATION AND DISMISSAL – TENURED FACULTY .................................................. 35 II. CAUSES ............................................................................................................................................................ 35 A. Medical Reasons........................................................................................................................................ 35 B. Financial Exigency................................................................................................................................... 35 C. Discontinuance of a Program or Department not Related to Financial Conditions. .. 36 D. Incompetence; ........................................................................................................................................... 37 III. DISMISSAL OF A TENURED EMPLOYEE FOR CAUSE ............................................................................... 37 IV. REASONS FOR TERMINATION AND DISMISSAL – NON-‐TENURED FACULTY ..................................... 40 V. FINAL DECISION REGARDING ALL PERSONNEL ISSUES INCLUDING FACULTY NON-‐ REAPPOINTMENT, DISCIPLINE AND DISMISSAL............................................................................................... 40 VI. NON-‐REAPPOINTMENT AND RESIGNATION: NOTICE ........................................................................... 41 SECTION 9 - LEAVES & BENEFITS ...................................................................................................42 I. VACATION & HOLIDAYS ................................................................................................................................ 42 II. SICK LEAVE .................................................................................................................................................... 42 III. FAMILY AND MEDICAL LEAVE .................................................................................................................. 42 IV. OTHER LEAVES ............................................................................................................................................ 43 V. TRAVEL ........................................................................................................................................................... 43 VI. BENEFITS ...................................................................................................................................................... 43 SECTION 10 - FACULTY RESEARCH POLICIES.............................................................................44 I. RESEARCH PROPOSALS.................................................................................................................................. 44 II. HUMAN SUBJECTS – POLICY AND PROCEDURES ..................................................................................... 44 Introduction ......................................................................................................................................................... 44 The Human Subjects Review Committee (HSRC)................................................................................. 44 Criteria for Approval ........................................................................................................................................ 45 Definitions ............................................................................................................................................................. 45 Waiver of Review ("Exempted" research)............................................................................................... 46 Protocol Review and Expedited Review ................................................................................................... 47 III. PATENT POLICY ........................................................................................................................................... 50 SECTION 11 - GENERAL POLICIES...................................................................................................51 I. EQUAL EMPLOYMENT OPPORTUNITY POLICY .......................................................................................... 51 II. AMERICANS WITH DISABILITIES ................................................................................................................ 51 III. DRUG-‐FREE WORKPLACE .......................................................................................................................... 51 IV. HARASSMENT AND DISCRIMINATION POLICY ........................................................................................ 52 A. Harassment or Discrimination. .......................................................................................................... 52 B. Sexual Harassment. ................................................................................................................................. 53 C. Hostile Environment Harassment. .................................................................................................... 53 V. FACULTY GRIEVANCE POLICY ..................................................................................................................... 54 A. Faculty Grievance Committee ............................................................................................................. 54 B. Meetings ....................................................................................................................................................... 54 C. Filing of Grievance ................................................................................................................................... 54 D. Investigations ............................................................................................................................................ 56 E. Recommendations.................................................................................................................................... 57 ACKNOWLEDGEMENTS......................................................................................................................58

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FACULTY HANDBOOK Overview of Faculty Handbook This Pioneer University Faculty Handbook contains a presentation of major policies concerning the University faculty. Other documents of interest to faculty, such as the Articles of Incorporation, and Bylaws of the University, are available online at the Pioneer University website, or in the offices of the President of the University, and the Executive Vice President and Provost. The Pioneer University Faculty Handbook governs the definition and organization of the University Faculty and the relationship between the University and the University Faculty. The Faculty Handbook is adopted by the Board of Directors and, therefore, may be modified by the Directors, as they deem appropriate. Special provisions may made between an individual faculty member and the University, either at the time of initial appointment or by subsequent mutual agreement between the individual faculty member and the University, to the extent that they are not in conflict with the Faculty Handbook.

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SECTION I – MISSION OF THE UNIVERSITY MISSION STATEMENT

Pioneer University seeks to have a transformational impact on all who teach, learn, discover and work here so they are prepared for both local and global service. We seek to accomplish this by these four things: • We are dedicated to student learning and achievement. • We learn to both better and serve our community and world. • We combine experiential learning with rigorous scholarship in all of our programs to produce educated learners who are awake to new possibilities. • We are guided by our values at every level to promote a diverse, challenging, supportive, and entrepreneurial environment of openness, respect, accountability, and academic freedom.

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UNIVERSITY LEARNING REQUIREMENTS (ULR’s) The pursuit of Pioneer University’s overall Mission is embodied in its commitment to prepare students for a life of learning and service in an expanding global community. To succeed in its Mission, the University provides an environment sustained by its Mission. By fostering such an environment, the University aims to encourage its students to achieve the following University Learning Requirements: As a university dedicated to student learning and achievement, graduates of Pioneer University will fulfill the following University Learning Requirements (ULR): A. Evaluate problems using the disciplinary knowledge gained in their course of study. B. Nurture a passion for lifetime learning and intellectual achievement. As a university producing learners who will both better and serve our community and world, graduates of Pioneer University will fulfill the following University Learning Requirements (ULR): C. Analyze issues, develop and convey solutions to both local and global problems using the methodologies, tools, and techniques of an academic discipline. D. Engage actively in the local community with an eye to their community’s place in the global web of life. As a university that combines experiential learning with rigorous scholarship in all of its programs to produce educated learners who are awake to new possibilities, graduates of Pioneer University will fulfill the following University Learning Requirements (ULR): E. Display creativity in developing imaginative self expression and independent thinking. F. Translate knowledge into judgment and action. As a university guided by our values at every level to promote a diverse, challenging, supportive, and entrepreneurial environment of openness, respect, accountability and academic freedom, graduates of Pioneer University will fulfill the following University Learning Requirements (ULR): G. Maintain the principles of intellectual honesty and democracy in a diverse world. H. Participate in human society as socially responsible individual citizens.

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Figure 1 Preeminence and Infusion of Pioneer University’s Mission

Blue = Mission Permeates Institution

Institutional Mission

Red = Evaluation of How Well Mission is Accomplished

University Learning Requirements

Program Learning Outcomes for each Program

Student Learning Outcomes for Each Course Derive Content

Course Design

Formative

Summative Evaluation

Processes

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Products

Program Evaluation A.

The faculty at Pioneer University takes great pride in ensuring that the University’s mission, mission-based learning outcomes, and program learning outcomes flow from the learning outcomes of each course offered. Furthermore, to make certain that course instruction and student work is of the highest quality, the University has put in place a schema to evaluate student work, program effectiveness, Program Learning Outcomes, University Learning Requirements, and the mission of the University.

Each course has clearly stated Student Learning Outcomes that are associated with of one or more Program Learning Outcomes. Course work required of students will be clearly tied to these Outcomes. Both Program Learning Outcomes and Student Learning Outcomes will be included in each course syllabus.

Students in each course will produce work products that will allow the instructor to form either formative or summative evaluative judgments regarding the progress of the student. Formative products, in combination with student/faculty discussions during office hours, will allow the instructor to address the specific needs of each student and to make instructional sea changes throughout the course to ensure a high level of student learning. Summative products (final research papers, course examinations, etc.) will be used to evaluate both the quantity and quality of the student’s mastery of the Student Learning Outcomes.

At the end of each course the instructor will issue a grade to each student based on his/her assessment of the student’s mastery of the Student Learning Outcomes as follows:

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Grade A Exceeds Standards: Outstanding knowledge of Student Learning Outcomes demonstrated; all assignments turned in on time; professionalism, effort and application above and beyond course requirements reflected in class participation and outside written work.

Grade B Meets Standards: Good knowledge of Student Learning Outcomes demonstrated; all assignments turned in on time; professionalism, effort and application of course requirements reflected in class participation and outside written work.

Any grade less than a “B” will be not be accepted for credit towards graduation. Students will have an opportunity to make up and grade less than a “B” in the subsequent five-week period of time. After five weeks the grade will become permanent and the student will either need to make up the course in subsequent years, or if the deficiencies persist, the student may be asked to leave the program.

Faculty members will complete the “Faculty Student Learning Outcome Summary Form” for each course taught. This form will summarize the degree (on a scale of 1 to 5) to which students in the course mastered each Student Learning Outcome. The form, accompanied by copies of supporting student work products will be forwarded to the University’s Committee on Institutional Research for evaluation.

In addition, following the completion of each course students shall complete the “Student Learning Outcome Summary Form.” This form will ask the student to grade him/herself (on a scale of 1-5) on each Student Learning Outcome for that course.

The Committee on Institutional Research will examine both the student and instructor’s assessment of learning and will provide the Executive Vice President and Provost with a correlation of the two products. In addition, the Committee will evaluate the student work submitted and provide feedback regarding its quality to the instructor with a copy to the Executive Vice President and Provost. Each course will be evaluated annually using this method.

Feedback from this process will be used to inform instruction, reform curriculum, and review and update program offerings.

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Figure 2: Program Review and Ongoing Evaluation

Student Summative Assessments

Student Work Products & Formative Assessment

University Learning Requirements

Instruction

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Program Learning Outcomes

Committee on Institutional Research

Course Syllabus

Faculty Student Learning Outcome Summary Form

Student Learning Outcome Summary Form

Mission

Student Learning Outcomes

SECTION 2 - GOVERNANCE Policies and practices of the University derive from the total body of the University’s Articles of Incorporation, Bylaws, Board of Directors resolutions and policies, and Presidential directives by which the corporate staff is guided, as well as by policies and regulations initiated or recommended by the Faculty Assembly and approved by the President of the University. I.

Board of Directors

Pioneer University is a private corporation governed by a self perpetuating Board of Directors not to exceed thirty (30) members. The organization and operation of the Board of Directors are described in the Bylaws of the University, a copy of which may be obtained from the office of the Executive Vice President and Provost, and online at the University website www.pioneeruniversity.net II.

The President of the University and Other Officers of the Corporation

The Board of Directors elects the officers of the corporation including the Chairman of the Board; the President of the University; Executive Vice President and Provost; Senior Vice President, Administration; Senior Vice President, Finance and Chief Financial Officer; Secretary of the University; and Treasurer of the University. The Bylaws of the University provide in Section 6.04(b) that The Senior Officers shall have such duties as are from time to time prescribed by the President of the University. Under the administrative structure of the University, all units of the University report directly or indirectly to the President of the University. Among the President of the University’s responsibilities enumerated in the Bylaws of the University are the nomination of officers of the corporation (other than the Chairman of the Board); the selection of academic staff; academic programs and fiscal programs; and the enforcement of all rules and regulations of the University.

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The Bylaws provide: President of the University Election and Term of Office of President of the University Section 6.03(a) The President of the University shall be elected by the Board of Directors at the organizing meeting of the Board and thereafter at any annual, regular or special meeting of the Board and shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. He/She shall be the chief executive officer of the corporation in charge of all its operations. He/she shall be responsible for carrying out policies established by the Board; but he/she may delegate any of his/her functions. All of the officers of the corporation except the Chairman of the Board, all administrative executives, and all academic officers of the University shall be subject to the direction of the President of the University. Recommendation of Nominees for Officers Section 6.03(b) The President of the University shall recommend nominees for officers of the corporation except the Chairperson of the Board to the Board of Directors. Selection of Academic Staff Section 6.03(c) The President of the University shall appoint the dean or director of each college or school of the University together with such division chairmen, department heads, or other division heads or assistants throughout the University as may be necessary or appropriate to carry out the work of the University. The President of the University shall determine the term of office and the duties of each such member of the academic staff. Academic Program Section 6.03(d) The President of the University shall have full power of appointment, direction, and supervision of the faculties of the organization thereof. He/she shall be an ex-officio member of the faculty of each college or school and may, at his/her election, act as the presiding officer of each faculty and of the University Faculty. He/she shall have the right to cast the deciding vote in any such group in case of a tie. He/she may appoint such committees of any faculty as he/she shall deem wise and proper and shall be a member ex-officio of all such committees.

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Fiscal Program Section 6.03(e) The President of the University, with the advice and assistance of the other officers of the corporation, shall prepare or cause to be prepared an annual operating budget for the University. Such budget shall be considered presented to the Board. Enforcement of Rules Section 6.03(f) The President of the University shall be responsible for the enforcement of all rules and regulations of the University. Naming Authority Section 6.03(g) The President of the University shall have the authority to approve the names of portions of campus buildings and moveable objects. Names of schools, campus buildings, grounds, thoroughfares, and amphitheaters shall be recommended by the President of the University to the Executive Committee for approval. Absence or Incapacity Section 6.03(h) In the absence or incapacity of the President of the University, his/her duties shall be performed by such Senior Officer as may be designated by the President of the University, or in the absence of such designation, by the Executive Vice President and Provost. Evaluation, Removal, and Resignation of President of the University Section 6.03(i) The President of the University shall be evaluated by the Board of Directors and may be removed with or without cause, by a threefourths majority vote of all of the Board of Directors, at the annual meeting of the Board. The President of the University may resign at any time by giving written notice to the Board of Directors. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract that have been approved by the Board of Directors relating to the employment of the President of the University.

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III.

Academic Organization

The Bylaws of the University describe its academic organization as follows: General Section 8.01 The President of the University may appoint the following academic officers, who shall not be officers of the corporation. 1. 2. 3.

Academic Deans and Directors Division and Department Chairmen Such other Academic Officers as my be designated by the Board

Academic officers shall be subject to the immediate direction of the Executive Vice President and Provost as directed from time to time by the President of the University Appointments and reappointments of deans and directors are to be done in consultation with the faculty. Of academic deans and directors, the University Bylaws say the following: Academic Deans and Directors Section 8.02 The academic dean or director of each college, school or other administrative unit of the University shall, subject to the provisions of Section 7.01, be the chief administrative officer thereof and shall be responsible for the proper preparation and conduct of its educational program. He/she shall continuously study the academic program and needs of his/her unit and shall make an annual report to the President of the University through the Senior Officer to whose immediate direction he/she is subject. He/she shall supervise the progress and look after the academic welfare of the students of his/her unit and shall furnish such information concerning his/her school as may be requested by the President of the University. The chair of a division or department shall be a full-time tenured faculty member. He or she is appointed for no longer than a stated expected term (normally three or four years), but without prejudice of reappointment by the procedures described below, all subject to section 6.03(c) of the Bylaws which is quoted above. The chair does not have tenure in office, as further specified in his or her contract; tenure as a faculty member is a matter of separate right. Division or department chairs are appointed by the dean, with authority delegated by the President of the University through the Executive Vice President and Provost, following full consideration by the full-time tenured and tenured-track faculty members of the department. The chair of a department is appointed by the dean, following selection by (1) departmental election or Page 14 of 58

(2) thorough consultation with the full-time faculty of the department and related departments. Appointments will normally be in conformity with department members’ judgments. If, in extraordinary circumstances, agreement is not reached after such consultation and consideration, the dean shall consult with the Executive Vice President and Provost, who shall have the full and separate reports and recommendations of the departmental faculty, prior to decision. Of division and department chairs and heads, the Bylaws of the University say the following: Division Chairmen and Department Heads Section 8.03 The chairman or head of each academic division or department of each college, school, or other administrative unit of the University under its dean or director shall, subject to the provisions of Section 7.01, be its chief administrative officer. He/she shall be responsible for the organization and maintenance of the work of his/her department and shall make periodic reports to his/her dean or director to furnish such information as may be requested.

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SECTION 3 - FACULTY - GENERAL I.

The Faculty Assembly

According to its Bylaws of the University, the Faculty Assembly may make recommendations to the President of the University on all matters that concern the faculty. The Bylaws state: Faculty Assembly Section 9.04 The Faculty Assembly, as from time to time elected or designated by the faculty, or meeting as the entire faculty, the Faculty Assemble shall be a deliberative and consultative body, with power to make studies, reports, and recommendations to the President of the University in any all matters pertinent to the well-being of the faculty. II.

The Faculty Handbook

The Faculty Handbook will be made available to the entire faculty through posting on the University website. In addition, printed copies will be supplied to the offices of the Executive Vice President and Provost and all Faculty Members. The Faculty Assembly has authority, derived from the University Bylaws, to make recommendations to the President of the University in any and all matters pertinent to the well being of the faculty, and therefore may propose any Faculty Handbook amendment it decides to endorse. III.

Faculty Composition

The University Bylaws define the faculty of the University as follows: Section 9.02(a) The University Faculty shall consist of the President of the University, the Executive Vice President and Provost; Academic Deans and Directors; and members of the teaching and research staffs holding titles including the following terms: Professors, Associate Professors, Assistant Professors, Instructors, Lecturers (but not Assistant Lecturers) and Librarians. The faculty consists of those properly appointed members of the teaching and research staffs holding these tenured, tenure-track, and non-tenured track faculty titles. Academic staff such as graduate assistants, distinguished practitioners or other affiliated academic staff are not designated as faculty.

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SECTION 4 - ACADEMIC FREEDOM AND PROFESSIONAL RESPONSIBILITIES I.

Academic and Professional Freedom

The University adheres to national standards and procedures concerning academic and professional freedom, academic tenure, and full academic due process. Pioneer University exists for the common good, and not to further the interest of solely the individual faculty member or the institution as a whole. The common good depends upon the free search for truth and its free exposition. A.

Academic Freedom

Academic Freedom protects all faculty members. Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties correlative with rights. Tenure is a means to certain ends, specifically (1) freedom of teaching and research and of extramural activities and (2) a sufficient degree of economic security to make the profession attractive to men and women of ability. Freedom and economic security, hence, tenure is indispensible to the success of an institution in fulfilling its obligations to its students and to society. Faculty members are entitled to full freedom in research and the publication of the result, subject to adequate performance of their other academic duties, but research and consultation for pecuniary return shall be in accordance with University policy. Faculty members are entitled to academic freedom in the classroom in discussing their subject; to the corollary responsibility to state the truth as they see it; and to the exercise of critical self-discipline and the judgment in using, extending, and transmitting knowledge. Faculty members are citizens, members of the learned professions, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their position in the community imposes special obligations. As educational officers they should remember that the public might judge their profession and University by their utterances. Hence, they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the University.

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Professional Freedom

Professional freedom is inherent within the concept of academic freedom and denotes the right of a faculty member to select those approaches to the development and exercise of professional competence and those allocations of time and place for alternative functions and commitments as appear best fitted for this purpose. Professional responsibility is a corollary of professional freedom. The faculty member owes responsibility to the standards of his or her discipline, professional and faculty colleagues, students, educational institution, and the community at large. II. A.

Academic and Professional Responsibilities

General Although various groups contribute in different ways to the University’s well being, it is the faculty who preeminently creates and enhances the scholarly excellence of the University. Their importance to the intellectual life of the University and the community at large confers on them, individually and collectively, certain responsibilities to the institution, to their students, and to their respective disciplines. Consequently, faculty academic status and matters related thereto are primarily a faculty responsibility. This includes appointments, reappointments, decisions not to reappoint, promotion, the granting of tenure, and dismissal. Teaching, clinical, and service assignments shall not be made for discriminatory, arbitrary, capricious, or retaliatory reasons. Claims that assignments violate this or any other provision of the Faculty Handbook, other University policies, or provisions of law are subject to review through the grievance procedure. Contested teaching and clinical assignments shall be performed pending any such review.

Workload Profile 1.

Tenure Track Faculty discharges these responsibilities through teaching, research, and service. The average activity profile of a full-time tenure-track or untenured faculty member is approximately 85%95% of teaching and research and 5%-15% of service. Although actual percentages may vary depending on the needs of the University, it is expected that each tenured or tenured-track faculty member will make contributions in each area of responsibility. Tenure track faculty members have a load of 12 units per quarter. Units are described as follows:

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a. b. c. d. 2.

Each unit of coursework taught shall equal one unit Committee assignments can be between one and three units depending on the committee as determined by the Dean. Chair of a Master’s Thesis committee equals 1 unit. Chair of a Doctoral committee equals 2 units.

Non-Tenure Track Non-tenured track faculty will have a different activity profile depending on the needs and expectations of the University. Faculty members may pursue other professional activities, in accordance with University conflict of interest policies.

Teaching Teaching includes classroom and other instruction of students, academic advising, preparation, and the direction of research. Faculty members are expected to meet their classes, be accessible to their students through regularly scheduled and sufficient office hours, and provide graded student work in a timely fashion. Each class is to be provided with a syllabus outlining goals, the course schedule, readings, requirements for research papers, a timetable for examinations, the method and criteria for grading, and the means by which students can contact the faculty member outside the classroom. Students in all classes, labs, and discussion settings should be given the opportunity to provide evaluation and suggestions through anonymous course assessment forms. Faculty are expected to teach courses that have been assigned to them by the Dean, after consultation with department faculty, on the basis of departmental or school needs. It is very important that students receive the instruction to which they are entitled and, except very rarely, from the instructor of record. In case of faculty absence, it is incumbent on the faculty member to provide appropriate class coverage, subject to the review of the dean, as requested. Absences of two consecutive weeks or more require the faculty member and the dean to provide a written plan for the discharge of individual faculty responsibilities, with notice to the Executive Vice President and Provost.

Mentoring Mentoring is an important component of faculty responsibilities. The research effort involves the supervision and mentoring of graduate students. Such mentoring is also part of a faculty member’s teaching effort. Mentoring of junior faculty is a significant service responsibility of senior faculty members.

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Dissertation and Thesis Faculty members are encouraged to serve as Chair to one or more thesis or dissertation committees. Faculty members receive one unit of teaching credit for serving as the chair of a thesis committee for each Master’s Degree student assigned. Faculty members receive two units of teaching credit for each dissertation student, even if a cohort of two or more are conducting research on and executing related dissertations.

Curriculum The faculty’s role on curriculum is set out in the Bylaws as follows: Section 9.03 The courses of instruction in the schools and colleges shall be prescribed by their respective faculties, on the recommendation of the appropriate Faculty Committee and subject to the approval of the President of the University.

Research Faculty members are expected to engage in high quality, continuing research of a type appropriate to the field, discipline, or interdisciplinary area. Typically, the product of research effort is publication or presentation at conferences or the like. Similarly, research can require considerable effort in the writing of proposals or related endeavors to acquire outside funding as may be needed to conduct a faculty member’s research. Participation in conferences, professional societies, and peer review panels are common activities. Ultimately, the results of research are expected to contribute to the scholar’s reputation.

Service Service includes effort on committees and other activities at the University.

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III.

Additional Responsibilities

Full time service of faculty includes: Performance of teaching duties or clinical duties in accord with established requirements of the University. Professional development and enhancement of the public good and of the strength of the University through research, scholarly publication or other creative activity, and activity in professional groups and societies; Counseling of students, assisting in registration and Commencement, maintaining regular office hours, serving in University Committees, and performing such other University service as may be needed during the academic year. IV.

Personal Conflicts Of Interest

Having a family or other intimate relationship to a current member of the faculty or staff shall not be a bar to equal opportunity in employment or education for anyone. At the same time, any faculty member in such a relationship should take all reasonable steps to avoid a conflict of interest or the appearance of a conflict of interest in his or her work that could arise from the relationship. If a faculty member is in doubt concerning the possibility of a conflict of interest, it is recommended that the faculty member consult the President of the University or the Executive Vice President and Provost. V.

Political Participation

As citizens, the faculty members of the University have the same rights and responsibilities of free speech, thought, and action as all American citizens. Their position, however, imposes special obligations, such as emphasizing that they are not institutional representatives, and exercising appropriate restraint. For the protection of both faculty members and the University, faculty members campaigning as political candidates for state of federal offices will do so on their own time. For the period of such candidacy, it is required that they obtain personal leave of absence or continue to work on a part-time basis. Such leave of absence is without pay. Leave of absence is not required of faculty members who become candidates for or are elected to offices of a temporary or part-time nature, such as a membership on a municipal charter revision commission, delegate to the State Constitutional Convention, a member of a local school board, or a holder of municipal office.

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This policy is intended to safeguard the freedom of speech, thought, and action of faculty, and to avoid impairment of the significant contributions they are capable of making toward improved local, state and federal government VI.

Outside Activities Of Faculty Members

While the University encourages faculty involvement in outside activities, the University also notes that it employs the full time and effort of full-time faculty. Full-time faculty, therefore, must receive clearance from the President of the University or the Executive Vice President and Provost before receiving compensation for activities away from the University.

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SECTION 5 - COMPENSATION & PERIODS OF SERVICE I.

General

Compensation of all faculty members is accomplished through the negotiation process. The President of the University or his designee will meet with each candidate for employment and set the faculty member’s salary for the coming year. Continuing faculty members are granted additional compensation based on promotion and merit. The specific amounts of such compensation will be determined through individual negotiation. The University does not publish the salaries of individual faculty members, but does set ranges for categories of faculty ranks (e.g., Assistant Adjunct Professor, Associate Adjunct Professor, Adjunct Professor, Instructor, Assistant Professor, Associate Professor, Professor, Lecturer, etc.). II.

Contractual Conditions

Contracts or letters shall be issued to all academic personnel, full-time or part-time, by the appropriate University officer, specifying academic rank and title, salary, any change in tenure status, starting and ending dates for all appointments, and any change in the Tenure Decision Date (where appropriate). Any other conditions or limitations of employment also shall be given or incorporated by reference. The President of the University shall issue annual contracts or letters to all full-time faculty, as well as those faculty members with part-time duties accorded full-time-equivalent status for University policies including benefits eligibility. The Executive Vice President and Provost or deans shall issue contracts or letters to all other faculty giving the title, salary, and terms of appointment. No full-time or part-time employee is considered to have faculty status unless the President of the University, Executive Vice President and Provost, or dean has signed a written contract or letter for that employee specifying a faculty title. Whenever possible, contracts or letters shall be issued and delivered to all continuing faculty by the date of University Commencement. III.

Periods of Service

Except for academic recess and University holidays, unless agreed otherwise by individual contract, the period of service for academic year faculty is from July 1 through June 30 of the following calendar and fiscal year.

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SECTION 6 - FACULTY APPOINTMENT, PROMOTION, AND TENURE I.

Authority

The University Bylaws provide in Section 6.03(d) that Section 6.03(d) The President of the University shall have full power of appointment, direction, and supervision of the faculties of the organization thereof. He/she shall be an ex-officio member of the faculty of each college or school and may, at his/her election, act as the presiding officer of each faculty and of the University Faculty. He/she shall have the right to cast the deciding vote in any such group in case of a tie. He/she may appoint such committees of any faculty as he/she shall deem wise and proper and shall be a member ex-officio of all such committees. The President of the University may delegate to the Executive Vice President and Provost or the Dean the authority to make appointments and promotions of non-tenure-track faculty and instructors and assistant professors on the tenure-track. The Executive Vice President and Provost may make appointments and promotions at any rank, and is the only official delegated by the President of the University with the authority to grant tenure, make appointments of associate professors and professors on the tenure-track, or award special designations. II.

Faculty Designations And Organization

The University faculty shall consist of the following categories: (1.) Tenure-Track Teaching and Research, (2.) Non-Tenure-Track Teaching and Research, and (3.) Emeritus Faculty. The Dean of the School recommends such faculty members to the President of the University who makes the appointments of such faculty members in writing. Such duly appointed faculty members who accept such appointment shall do so in writing. Such appointments shall clearly express in writing: (a.) the category (as listed above and defined below), (b.) eligibility for benefits, (c.) the rank (as appropriate to the category) and the discipline(s) (with primary area, and secondary area(s), if any), (d.) the track (tenure or non-tenure, as appropriate) and any special duties and/or conditions of appointment. The School of Education may use any or all of the faculty designations contained herein, as appropriate. No titles other than those contained herein shall be used. Conditions of appointment shall not be altered except by mutual consent.

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III.

Tenure and Tenure-Track Faculty

Tenured faculty and tenure-track (probationary) faculty, on continuing appointment or in positions leading to consideration for continuing appointment, are generally appointed on a full-time basis, and are appointed to one of the following ranks: •

Instructor Entry-level position, generally for those who have not yet completed their terminal degree.

•

Assistant Professor Entry-level position, generally for those who have completed their terminal degree.

•

Associate Professor Senior faculty rank

•

Professor Highest faculty rank

Promotion and Tenure 1. Definition of Tenure Tenure is the right of a faculty member to automatic renewal of the appointment at the end of its term under conditions at least equal to those that prevailed during the expiring term provided the material conditions of service are the same. Tenure protects the faculty from harassment or reprisal within the University community for expression or espousal of unpopular views or principles, and encourages freedom of inquiry and expression. Its object ultimately, then, is to secure a forum in which academic freedom can be a liberating reality. Since tenure constitutes an enduring contract between the faculty member and the University, the decision to grant it must be made on the basis of the most informed judgment possible, in the best interests of the University, and in harmony with the University’s Mission. The President of the University grants tenure based upon the recognition of academic achievement at Pioneer University, subject to the terms of the job description established at the initial hiring or subsequently revised by mutual agreement; recognition, as appropriate, for achievements at previous institutions; the judgment that this achievement will continue in the future; and the determination that the granting of tenure fits into the Mission, needs, plans and goals of the University. Faculty members can be hired with tenure upon consultation with the President of the University.

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2. Definition of Promotion Promotion is the advancement in rank from Assistant Professor to Associate Professor and to Professor. The President of the University promotes faculty members for distinguished achievement while at Pioneer University and the expectation that this achievement will be maintained or enhanced in the future, as well as the expectation that they will continue to foster the Mission of the University. Achievement at previous institutions will also be considered when faculty members apply for promotion at Pioneer University. Faculty members can be hired at advanced ranks upon consultation with the President of the University. 3. Probationary Status A faculty member without tenure serves in a probationary status but has the same academic freedom as tenured faculty members. The probationary period for normally extends through seven years unless a shorter period was negotiated at the time of initial appointment. Because of termination notice requirements, faculty members should recognize that tenure review shall precede the seventh year. A faculty member not granted tenure by the end of his or her sixth year (or earlier if so negotiated at the time of initial appointment) will be given a one-year terminal contract. During the period of this terminal contract, the faculty member may reapply for the granting of tenure pursuant to the normal timetable. If this faculty member is not granted tenure during this terminal contract year, the faculty member will not be continued in service after the expiration of this terminal contract. a. Extension of Probationary Status To accommodate the needs of child rearing for some faculty members who are the primary child care providers for their families, the probationary period may be extended by the University (upon request by the faculty member and subject to the University’s discretion to be exercised upon the facts and circumstances of each particular case) for one calendar year for each child born or adopted during the probationary period. Any such request must be made by the faculty member in writing by not later than one year after the birth of a natural child, or one year after the placement in the faculty member’s home of an adopted child. For a faculty member who is actively enrolled in a program leading to a terminal degree appropriate to his or her faculty responsibilities until that degree has been conferred. In no event will the probationary period for degree seeking faculty members be extended more than three years, for a total of ten years. Any such request must be made by the faculty member in writing to the Executive Vice President and Provost. Page 26 of 58

b. Early Consideration for Tenure A faculty member may be recommended or apply for consideration for tenure before the expiration of the normal probationary period. In such cases, or where the initial appointment includes a provision for early review of tenure, if tenure is denied the faculty member may be reconsidered for tenure during the normal probationary period. c. Time Counted toward Tenure If the employment date occurs at any time other than the beginning of an academic year (July 1), time towards tenure shall not begin until the start of the next full academic year unless otherwise stated in writing. Time spent on leave of absence or in part-time employment shall not be considered a part of the probationary period, unless the faculty member and the University agree in writing to the contrary at the time the leave is granted. 4. Administrative Service A faculty member, tenured in a College or School of the University before accepting a full-time administrative position in the University, shall continue to hold tenure and the same or higher rank while in that position. If a faculty member was not tenured in the University at the time of accepting a full-time administrative position, the time spent in administration is not normally considered a part of the probationary period. In those cases in which full-time administrators are considered for promotion in rank or granting of tenure, the quality and length of administrative service should be taken into account together with all academic achievement. A non-tenured faculty member in a full-time administrative position at this University shall be entitled to a minimum one-year’s appointment in the appropriate College or School upon completion of the administrative duties, unless the member has been dismissed. 5. Special Projects Under some conditions (e.g., special projects, sponsored research) the University may hire faculty personnel whose appointment is coterminous with the project and therefore outside the University’s tenure policy.

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6. Review Process a. Review for Promotion in Rank or Conferral of Tenure i.

Dossiers Dossiers of candidates for tenure or for promotion in rank shall consist of digital copies in appropriate format (e.g. PDF’s for documents, URLs for websites) of: A) The candidate’s Curriculum vitae as outlined in Section G.7.b.i; B) Evaluation of the candidate’s performance by the Departmental Chair; C) Critical evaluation of the candidate’s record of performance by peer references; D) Evaluation by the Dean of the College or School; E) Copies of Student Evaluations. F) Copies of representative monographs, books, articles, reviews, abstracts and scholarly papers from the last five years. G) Names of at least six student references.

ii.

Areas to be Evaluated Areas to be considered in the evaluation are: A) Level of preparation and professional competence; B) Years of academic service; C) Service to the University, the Profession and the Community. D) Teaching achievement; E) Research and scholarly achievement; F) Clinical proficiency (where applicable).

iii.

Responsibility for Presentation of Achievement The candidate’s credentials should specifically detail achievements and development in each of the above areas of concern. It is the responsibility of the candidate to ensure that the significance of achievements and activities is clear.

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iv.

Demonstration of Achievement in Teaching Teaching achievement is ordinarily evaluated on the basis of evidence from supervisors, peers and students. In addition, such factors as range of courses taught, course development, instructional innovation, textbook publication, curriculum design, continuing work toward keeping current in the field, teaching awards, and student success after graduation are taken into consideration.

Demonstration of Achievement in Scholarship Scholarly achievement is ordinarily demonstrated by publication of books, reviews and articles, by the delivery of scholarly papers, by activity in scholarly societies, artistic exhibits and performances, and by appointments as editor, reviewer, and referee. In addition, such factors as acceptance of patents, procedures and methods, and consulting activity are taken into consideration as appropriate to the discipline.

vii.

Criteria For Granting Tenure And Awarding Promotion A) Tenure Is Awarded On The Basis Of: i. Successful performance of the terms of the faculty member’s job description as stated in the initial contract or subsequently amended by mutual agreement between the faculty member and the university; ii. A record of achievement at Pioneer University; iii. A record of achievement at previous institutions, provided the record of achievement has continued while at Pioneer University; iv. An expectation that the record of achievement will be maintained or expanded in the future; and v. The determination that the granting of tenure fits into the Mission, needs, plans and goals of the Department, the College or School, and the University.

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Promotion To The Rank Of Associate Professor Is Awarded On The Basis Of:

i. Demonstrated consistent effectiveness in teaching; ii. An emerging record of recognized scholarly achievement that contributes to one’s discipline(s): iii. Evidence of active service consistent with the Mission of Pioneer University; and iv. An emerging record of regionally recognized clinical activity consistent with the Mission of Pioneer University, if appropriate to the candidate’s position. C)

Promotion To The Rank Of Professor Is Awarded On The Basis Of:

i. A consistent record of distinguished teaching; ii. An established record of nationally recognized scholarly achievement that contributes to one’s discipline(s); iii. Evidence of recognized leadership in service, consistent with the Mission of Pioneer University. 7. Procedures a. Initiation Any member of the Faculty, including the prospective candidate, may initiate and sponsor any faculty member for the conferral of tenure or advancement in rank. In cases of conferral of tenure, this must normally occur by or in the sixth year. The case should be processed according to the timetable below. b. Dossier The candidate shall initiate a dossier that shall include the following: i. Curriculum vitae A) Name B) College or School C) Department D) Date and Rank of First Appointment E) Secondary Appointment(s) (if any) F) Years Granted Toward Tenure at Time of Employment G) Current Rank Page 30 of 58

H) Date of Current Rank I) Date of Tenure (if held) J) Proposed Action: 1) conferral of tenure, and/or 2) rank of proposed promotion K) Years of Academic Service L) Whether or not degree is terminal (with explanation if degree is not a doctorate) M) Schools Attended: dates N) Degrees Earned: fields, dates O) Special Training Programs: fields, dates P) Field(s) of Interest 1) Teaching 2) Research Q) Professional Employment: appointment, institution, and dates R) Consultantships and Professional Services: dates S) Organizations: memberships and offices held, dates T) Fellowships and Honors: dates U) Awards and prizes: dates V) Grants: dates, amounts, whether approved and/or funded, candidate’s level of participation, and whether or not Principal Investigator W) Scholarship 1) Publications and Presentations with complete citations: by category, most recent first. The status of any scholarship that has not yet been published shall clearly be indicated as either “submitted” or “accepted.” (a) Monographs and Books (b) Articles (c) Reviews (d) Abstracts and Scholarly papers (e) Artistic exhibits (group, invited, one-person) and Performances (directed, written, performed) (f) Other 2) Other achievements in the area of scholarship X) Teaching (classroom, graduate and professional): 1) Load and level by year since coming to Pioneer 2) Other contributions to the area of Page 31 of 58

teaching Y) Graduate and Honors Student Theses: dates Z) Service to the University, the Profession and the Community: activity, dates ii. Faculty Profile (optional) This section may be used to show how the candidate’s achievements reflect special circumstances, goals, restrictions, emphases, conventions and particulars of the discipline or position at the University, which might not otherwise be apparent to those reviewing the case. iii. Names of six peer references iv. Names of at least six student references. v. Copies of student evaluations (when not added by the Dean’s office). vi. Copies of representative monographs, books, articles, reviews, abstracts, scholarly papers and other relevant material from the last five years. (These shall be returned to the candidate after the Committees on Rank and Tenure have completed their deliberations.) The candidate or other sponsor shall submit two copies of the dossier to the Dean of the College or School. c. Evaluation by the Dean The Dean shall submit a written evaluation of the candidate’s performance to the Dean of the appropriate College or School. This evaluation shall cover the candidate’s total professional development including teaching ability at each level of course offering, and scholarly achievement and productivity. This evaluation shall become a part of the candidate’s dossier, prior to review by the College or School. d. Student Input The School shall ensure that there is adequate student input for the evaluation of teaching achievement. The Dean of the School shall add this input to the candidate’s dossier, when not added by the candidate. e. Evaluation through Peer References The candidate shall add to the dossier the names of at least six, but not more than twelve references from among peers appropriate to the discipline, at least two of which must be outside the University. Page 32 of 58

The candidate shall supply the name, title, affiliation, mailing address and phone number of the submitted peers. The Dean or the Dean’s delegate shall request the references chosen by the candidate to evaluate critically the scholarly, teaching, service and/or clinical activity of the candidate. These peer evaluations shall become a part of the candidate’s dossier. Recommendations received from all referees shall become a part of the candidate’s dossier. f. Evaluation by the Dean of the College or School The Dean shall independently evaluate the candidate’s teaching, scholarship, service and clinical activity (if applicable) together with any special contributions to the program of the College or School, following the review by the School or College Committee on Rank and Tenure. The Dean’s evaluation shall become a part of the candidate’s dossier. g. Confidentiality All recommendations and comments received by the University from persons other than the candidate, in connection with consideration of rank or tenure for the candidate, are received under grant of confidentiality. This includes, by way of examples, performance appraisals, recommendations of Committees, evaluations by students and peers, and evaluations by the Dean. These materials shall be kept in confidence subject to disclosure only as legally required. IV.

Non-Tenure-Track Faculty

Non-tenure-track faculty members are those appointments that do not lead to consideration for tenure. They may be appointed on a full-time or part-time basis, as specified below. •

Lecturer An individual engaged primarily in teaching (and teaching-related duties) with reduced obligation for research and University service. Such an appointment may be part-time or full-time.

•

Adjunct Designates an individual whose professional accomplishments qualify him or her for a ranked position on the faculty to teach in an area of special expertise (Parttime only). The term is used to modify the titles: Lecturer, Instructor, Assistant Professor, Associate Professor, and Professor (such as “Adjunct Associate Professor”).

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SECTION 7 - EMERITUS The Emeritus Faculty consists of faculty members from the Tenure-Track Faculty who have retired and have been designated Emeritus by the President of the University. I.

Review for Emeritus Status

Candidates for President, Dean, or other administrative rank Emeritus shall be recommended for this honor on the basis of long and/or outstanding service in the area of administration. This recommendation shall not require the submission of a complete dossier, but shall be based on a letter outlining the most significant contributions of the Administrator to the University. Persons applying for this honor shall be referred to the President of the University. In the case of the President of the University such appointment shall be referred to the Board of Directors.

Candidates for Faculty Emeritus status shall be recommended for this honor on the basis of long and/or outstanding performance in any of the areas of teaching, scholarship, clinical activity or service to the University. The candidate or the candidate’s Chair shall initiate application for Emeritus status. The recommendation shall be based on a cover letter from the Dean, indicating support or lack of support and recent curriculum vitae. The Dean of the appropriate College or School shall forward the cover letter and curriculum vitae via the appropriate Vice President to the President of the University for approval.

President, Provost, Dean or Professor Emeritus members shall be afforded all of the privileges of that office. Emeritus ranked persons may continue to be employed by the University on a part-time basis as approved by the President, or in the case of the President Emeritus, by the Board of Directors. Emeritus scholars may continue to serve on the Board of Directors, if appointed, and may hold the position of Chairperson of the Board if not receiving compensation from the University.

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SECTION 8 - TERMINATION, DISMISSAL, & RESIGNATION I.

Reasons for Termination and Dismissal – Tenured Faculty

The University will not, without a showing by the evidence educed, terminate the services of a tenured faculty member who has not reached retirement age except for one or more of the following reasons: Incompetence; Neglect of duty or other good cause; Personal conduct that indicates an unfitness for association with students or for the instruction of students: Flagrant or repeated conduct contrary to University regulations or conduct which is intended to prevent or that directly incites others to prevent anyone from performing his or her duties or from carrying on his or her lawful business with the University; Medical reasons; Financial exigency; Discontinuance of a program or department not mandated by financial exigency; Other adequate causes as determined by the President of the University. II. A.

Causes

Medical Reasons Medical reasons for termination are any physical condition or illness (including mental illness) that substantially interferes with the full performance by the faculty member of the duties of the appointment. The University may terminate any faculty member for medical reasons. Prior to termination, the University shall advise the faculty member or a representative of the basis of the proposed action. The faculty member shall be given the opportunity to present the faculty member’s position and to respond to the evidence upon which the decision is based. The President of the University shall make the final decision on the termination for medical reasons and will notify the faculty member promptly of that decision. If the faculty member is terminated, the faculty member shall be entitled to receive full salary for 12 months from the date the notice is received. However, if a faculty member on a special or multiyear contract is terminated, the member shall be entitled to receive full salary until the expiration of the earlier of 12 months from the date the notice is received or the expiration of the term of the appointment whichever is less.

Financial Exigency Financial exigency for termination is a condition of such demonstrably bona fide financial distress of the University or one of its schools or colleges that the survival of the University or one of its schools or colleges is threatened. Such exigency may be caused by a substantial decline in income by reason of decreased enrollment or extramural financial support (e.g., grant funds) or by an increase in operating expenses that is major

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and likely to continue. A current operating deficit or mere financial strain or pressure that does not threaten survival shall not constitute financial exigency. The President of the University shall determine the existence of financial exigency in the University or in a school or college. If the President of the University determines that a condition of financial exigency exists or is imminent, the Board of Directors will be so informed giving the reasons therefore and relevant evidence supporting those reasons. Reduction in force of faculty members will be resorted to only when the President of the University determines that it is essential to rectify the imbalance between income and expenses. When a tenured faculty member is terminated for reasons of financial exigency, the University will (1) make every effort to place the faculty members concerned in other suitable positions within the University; (2) to the extent funds are available offer to provide a reasonable period of training or financial and other support for such retraining, that would enable the faculty member to assume another available position within the University; (3) assist the faculty member in finding a suitable position in another institution; (4) offer to rehire the faculty member in the former position within a period of three years from the date of termination should circumstances change such that the financial exigency no longer existed. Notice of intent to terminate a faculty member because of financial exigency shall be given in writing to the faculty member as soon as possible after the President of the University determines a condition of financial exigency exists, and the notice shall specify the date of the termination. A tenured faculty member terminated by reason of financial exigency shall be entitled to receive full salary for 4 months from the date the notice is received. However, if a faculty member on a special or multiyear contract is terminated, the member shall be entitled to receive full salary until the expiration of the earlier of 1 month from the date the notice is received or the expiration of the term of the appointment, whichever is less. C. Discontinuance of a Program or Department not Related to Financial Conditions. Should the President of the University, determine for academic or other reasons to discontinue a program or department for reasons other than those stated in B above, the President of the University will send a notice of such decision to the Board of Directors and all faculty members in the program or department stating his/her reasons for such decision. The Board of Trustees will appoint a Committee to hold a hearing on such closure and all interested parties will be invited to present their views. Following said hearing the Board Committee will present their finding to the President of the University, who will make the final decision. When a tenured faculty member is terminated due to the closure of a program or department, the University will (1) make every effort to place the faculty Page 36 of 58

members concerned in other suitable positions within the University; (2) to the extent funds are available offer to provide a reasonable period of training or financial and other support for such retraining, that would enable the faculty member to assume another available position within the University; (3) assist the faculty member in finding a suitable position in another institution; (4) offer to rehire the faculty member in the former position within a period of three years from the date of termination should an opening occur that would be suitable. Notice of intent to terminate a faculty member because of program or departmental closure shall be given in writing to the faculty member as soon as possible after the President of the University determines to make such a closure and the notice shall specify the date of the termination. A tenured faculty member terminated by reason of financial exigency shall be entitled to receive full salary for 6 months from the date the notice is received. However, if a faculty member on a special or multi-year contract is terminated, the member shall be entitled to receive full salary until the expiration of the earlier of 3 months from the date the notice is received or the expiration of the term of the appointment, whichever is less. D.

Incompetence;

Neglect of duty or other good cause; Personal conduct that indicates an unfitness for association with students or for the instruction of students: Flagrant or repeated conduct contrary to University regulations or conduct which is intended to prevent or that directly incites others to prevent anyone from performing his or her duties or from carrying on his or her lawful business with the University. 1. Tenured Faculty Members a. In the Case of Tenured faculty members who are accused of one of the causes listed in D above, the faculty member’s dean or supervisor shall prepare a detailed letter of cause and shall provide copies to the charged member of the faculty, the Chair of the Personnel Committee (see G below for membership of committee), and the Executive Vice President and Provost, and the President of the University. b. The procedure outlined in III below shall be followed. III.

Dismissal of a Tenured Employee for Cause

The following procedure shall be followed in any action to dismiss a tenured faculty member for cause. A. Page 37 of 58

Having received a letter of accusation, The President of the University

shall appoint the Executive Vice President and Provost or another Officer of the University to conduct a preliminary investigation. B.

Based on that investigation The President of the University shall meet with the accused, if possible, and outline the results of the preliminary investigation and the proposed discipline, if any, up to and including dismissal.

Should The President of the University decide to discipline the faculty member he/she will give written notice of the proposed action and the reasons therefore to the faculty member concerned, either in person or by registered mail to his or her last known address.

If the faculty member desires a hearing by the Personnel Committee, he or she shall submit a written request for a hearing to the Dean of the Faculty and to the President of the University within fourteen days of notification of the action.

No hearing shall be held unless the faculty member concerned files a request for a hearing and presents his or her answer to the University's charges within the specified time.

Should the faculty member respond in a timely fashion, the President of the University shall call on the Chair of the Personnel Committee to convene a meeting of his/her Committee within 14 days.

The Personnel Committee shall consist of the three permanent members elected by the faculty, one of whom is designated as the Chair, one faculty member designated by the accused faculty member and one member appointed by The President of the University (this member may not be the officer who conducted the original preliminary investigation).

If requested as described above, the hearing shall be held at the specified time and place and conducted, subject to the following procedures:

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The faculty member concerned shall have the right to be present at all times when evidence is being presented or oral argument is being made, and he or she shall have the right to confront any and all witnesses against him/her.

The faculty member concerned may be assisted and represented by counsel of his or her choice. The University may be represented by an Officer appointed by the President of the University and/or by counsel who shall also have the right to be present whenever evidence is being presented or oral argument being made.

5. 6.

The hearing will not be conducted according to technical rules of evidence. Any pertinent oral or documentary evidence may be received but the committee shall, as a matter of policy, provide for the exclusion of irrelevant and unduly repetitious evidence. The faculty member concerned and the University may submit oral or documentary evidence, rebuttal evidence, and oral and written argument on the evidence and on the merits of the case; both sides may inspect documentary evidence offered by the other; and both sides may conduct such cross-examination of witnesses as may be required to obtain a full disclosure of the facts so long as the crossexamination is not hostile or intimidating. The hearing committee shall use its good offices to assist any interested party to obtain the testimony of witnesses capable of giving pertinent evidence or documents relevant to the matter. Particularly in cases where neglect of duty has been charged, the committee shall hear testimony from faculty membership in the same field of scholarship and teaching, either at Pioneer University or at other institutions. A full electronic recording of the hearing shall be maintained and made available only to the parties directly concerned. There shall be no disclosure by the hearing committee nor by any of its members of the evidence received during the hearing nor of the deliberations of the committee, except as follows: a.

c. d. e.

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At the conclusion of the hearing, as promptly as is consistent with proper deliberation, the committee shall formulate its findings based upon substantial evidence and its recommendations. The committee shall file with the President of the University a written statement of its findings and recommendations, including stenographic or electronic records. The committee shall deliver to the faculty member concerned a written statement of its findings and recommendations. Thereafter, the President of the University shall review the committee's findings and recommendations and, in light thereof, shall make final disposition of the case. Whenever dismissal actions are in process, the faculty member concerned may be suspended from the performance of his or her University duties pending the hearing if immediate harm to him or herself or to others is threatened by the continued performance of those duties. Such suspension shall be without loss of salary. Whenever, for reasons of vacation or unforeseen

IV.

complications, variations in these procedures become necessary, such variations shall be adopted only after mutual agreement of all parties concerned and shall be in writing. By accepting any employment letter or contract, all faculty members agree that the decision of The President of the University shall be final and agree to abide by that decision without further action or recourse.

Reasons for Termination and Dismissal – Non-Tenured Faculty a.

In the Case of Non-Tenured faculty members who are accused of one of the causes listed in IID above, the faculty member’s dean or supervisor shall prepare a detailed letter of cause and shall provide copies to the charged member of the faculty, the Executive Vice President and Provost, and the President of the University.

The President of the University shall make a final decision regarding the matter. If a non- tenured faculty member is terminated, the member shall be entitled to receive full salary until the expiration of the earlier of 1 month from the date the notice of termination is received or the expiration of the term of the appointment, whichever is less.

Final Decision Regarding All Personnel Issues Including Faculty NonReappointment, Discipline And Dismissal.

By accepting any employment letter or contract, all faculty members, whether tenured or non-tenured agree that after following the procedures outlined in this Section, the decision of The President of the University shall be final and all faculty members agree to abide by that decision without further action or recourse.

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VI. A.

Written notice that a probationary or non-tenured appointment is not to be renewed is to be given to the faculty member before the expiration of the appointment term as follows: 1.

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Non-Reappointment and Resignation: Notice

Prior to March 15 of the expiration of each year of appointment.

By March 31, the University will normally communicate to faculty members a notice of non-reappointment or will offer a letter of employment for the following year. A faculty member may terminate the appointment at the end of such appointment by providing written notice to the University. The faculty member should make every effort to give such notice as early as possible prior to the end of the appointment year, recognizing the burden placed on the University where late notice is received. A faculty member may properly request waiver of this notice requirement in case of hardship or in situations in which substantial professional advancement or personal opportunities would otherwise be forfeited, but the final decision will rest with the President of the University.

SECTION 9 - LEAVES & BENEFITS I. A.

B. C. D.

Vacation & Holidays

Regular full-time twelve-month faculty members are entitled to receive 80 hours of annual paid vacation. Earned vacation may be taken after completion of six months of employment. Faculty members who work a nine or ten-month schedule are not eligible for vacation. Requests for vacation absences from work must be approved in advance by the President of the University or Executive Vice President and Provost Unused vacation time may be accrued up to a total of twice the annual rate. Vacation time in excess of twice the annual rate will be lost if not taken. A maximum of one year’s unused accrued vacation time will be paid to a faculty member at the time of retirement or termination. The University observes the following holidays, or their equivalent. The holidays are listed below: 1. Memorial Day 2. Independence Day 3. Labor Day 4. Thanksgiving Day 5. Day after Thanksgiving 6. Holiday Break (December 24 through January 1, includes Christmas Day and New Year’s Day) II.

A. B.

Regular full-time faculty have a total annual sick leave allowance of 40 hours or 5 working days. Sick leave hours may not be accumulated from year to year. Unused sick leave hours are not payable at the time of retirement or termination. III.

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Sick Leave

Family and Medical Leave

Pioneer University recognizes that serious health conditions may occur affecting an employee or his/her immediate family member. To accommodate such situations Pioneer has implemented the Family and Medical Leave Policy. The University’s policy is in compliance with the Federal Family and Medical Leave Act (FMLA) of 1993. This is a leave for a faculty member’s serious health condition, the serious health condition of an immediate family member or the birth or placement of a child. For purposes of this policy, “immediate family” shall include spouse, son, daughter, mother and father. To qualify for family and medical leave the employee must have been employed for at least 12 months and have worked for a minimum of 1,040 hours in the 12-month

period preceding the commencement of the leave. The President of the University or Executive Vice President and Provost will determine if the request for leave qualifies for family and medical leave. IV. A.

Other Leaves

Faculty members are entitled to all other leaves as prescribed by law including, but not limited to, FMLA, Military Leave, Jury Duty, etc. V.

The University authorizes absence from the University and expense reimbursement in connection with travel to formally programmed meetings and conventions of disciplinary, scholarly, or scientific societies as well as for faculty recruitment. Purposes of such travel may include self-enrichment, presentation of scholarly investigation, and participation in committee work. Travel is authorized and controlled by the President of the University or Executive Vice President and Provost. VI.

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Travel

Benefits

The President of the University may recommend to the Board of Directors a variety of benefits. Benefits are calculated as a part of the total compensation package for faculty members.

SECTION 10 - FACULTY RESEARCH POLICIES I.

Research Proposals

All faculty initiated proposals related to research or training programs, whether made to private foundations, corporations, or government sponsors, must be transmitted to the prospective sponsor through regular channels, including the Dean of the School and the Executive Vice President and Provost. Approaches to private sources of funding should be coordinated with the office of the Executive Vice President and Provost prior to submission. All approvals must be in writing and on the proper form. Proposals should be submitted an appropriate length of time in advance of the due date to allow for proper review. II. Human Subjects – Policy And Procedures Introduction All research done at Pioneer University is guided by codes of ethical principles developed by the scientific community. The manner in which these ethical principles are to be applied (through a peer review process) is established in the Code of Federal Regulations, Title 45, Part 46 (commonly referred to as 45 CFR 46) published in 1981 and last amended in 1991. Failure to comply with these regulations may result in loss of funding for the research involving human subjects to the investigator and to the institution. The Human Subjects Review Committee (HSRC) Pioneer University has an internal review board charged with reviewing all research conducted at the University for conformity to 45 CFR 46. At this University, the Human Subjects Review Committee is the designated administrative body. Pioneer University is responsible for the protection of the rights and welfare of human subjects used in research by, or under the supervision of, faculty and staff members of the University, when such research, including pilot studies is carried out as part of their duties as teacher, investigator, thesis advisor or graduate student, or other academic activities. The responsibility is delegated to the Human Subjects Review Committee (HSRC). The Committee shall determine for all activities, as planned and conducted, whether the rights and welfare of all subjects will be adequately protected. To meet this responsibility, the Committee will review all proposed research projects involving human subjects conducted by faculty members, University staff, or graduate students, whether funded or not, when facilities, services, or personnel of the University are used. The HSRC is chaired by the Provost and includes two full-‐ Page 44 of 58

time members of the general faculty of Pioneer University, and one adjunct faculty representative. The Committee seeks external consultation whenever questions beyond its competency or specialized expertise arise. The Committee meets at the call of its chairperson to consider questions of policy and the individual research proposals that require full-‐committee review. Criteria for Approval The task of the HSRC is to work with individuals conducting research to assure that all research involving human subjects meets the following criteria and thus can be approved: 1. Risks to human subjects are minimized; 2. Risks to subjects are reasonable in relation to anticipated benefits to subjects, if any, and the importance of knowledge that may reasonably be expected to result; 3. Selection of subjects is equitable; 4. Informed consent will be sought from each prospective subject or the subject's legally authorized representative; 5. The informed consent will be appropriately documented; 6. Where appropriate, adequate provision is made for monitoring the data collected and the data collection process to ensure the safety of the subjects; 7. Where appropriate, there are adequate provisions to protect the privacy of subjects and maintain the confidentiality of data; 8. Where subjects are likely to be vulnerable to coercion or undue influence, appropriate safeguards have been included in the study to protect the rights and welfare of the subjects. All research involving human subjects whether unfunded or funded from any source must be reviewed and must meet the above criteria. Training projects with a research component must be reviewed. (46.111) Definitions Research means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. (46.102d) Page 45 of 58

A Human Subject is any living individual about whom an investigator conducting research obtains (1) data through intervention or interaction with the individual, or (2) identifiable private information (46.102f). This includes the use of written private information such as that contained in records. Minimal Risk means that the probability and the magnitude of harm or discomfort anticipated in the proposed research are not greater in and of themselves than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests. (46.102.I). Waiver of Review ("Exempted" research) Exempted from all HSRC review at this University is research which is a recognized part of the course content of graduate courses, unless such research is federally funded and provided that such research consists of survey procedures, interview procedures, or observation of public behavior, and data are collected in such a way that human subjects cannot be identified, directly or through identifiers linked to the subjects. The responsibility for review of research proposals required as a standard part of course content lies with the faculty member/instructor teaching that course. The protection of human subjects in this instance is accomplished through departmental review of course content and review by the course instructor of individual research projects. Review of research conducted as part of an independent study, or thesis or dissertation is not exempted, but waiver may be requested. Research activities in which the only involvement of human subjects will be in one or more of the following categories is reviewed by the chairperson of the HSRC or a designated member and may be waived from either expedited or full committee review. THE DECISION TO WAIVE REVIEW IS MADE BY THE CHAIRPERSON OR A DESIGNATED MEMBER OF THE HSRC. 1. Research conducted in established or commonly accepted educational settings, involving normal educational practices, such as (i) research on regular or special education instructional strategies, or (ii) research on the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods. 2. Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures or observation of public behavior, unless: (i) information obtained is recorded in such a manner that human subjects can be identified, directly or through identifiers linked to the subjects; and (ii) any disclosure of the human Page 46 of 58

subjects' responses outside the research could reasonably place these subjects at risk of criminal or civil liability or be damaging to the subjects' financial standing, employability, or reputation.

3. Research involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures, or observation of public behavior that is not exempt under exemption 2 above if: (i) the human subjects are elected or appointed public officials or candidates for public office; or (ii) federal statutes require without exception that the confidentiality of the personally identifiable information will be maintained throughout the research and thereafter. 4. Research involving the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if these sources are publicly available or if the information is recorded by the investigator in such a manner that subjects cannot be identified, directly or through identifiers linked to the subjects.

At Pioneer University the chair of the HSRC or a designated member decides whether the full (46.101b) or expedited review of research is waived. Protocol Review and Expedited Review Protocol Review The full review process shall be carried out at convened meetings in which a majority of the members of the HSRC are present, including one member whose primary concerns are non-‐scientific areas. It shall receive the approval of a majority of those members present. The HSRC considers the following factors: 1. Risk of Injury: The risk to subjects must be minimized, by using procedures which are consistent with sound research design and which do not unnecessarily expose subject to risk, and, whenever appropriate, by using procedures already being performed on the subjects for diagnostic or treatment purposes. Risks to subjects are reasonable in relation to anticipated benefits, if any, to subjects, and the importance of the knowledge that may reasonably be expected to result.

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2. Equitable Selection of Subjects: The HSRC will take into account the purposes of the research and the setting in which the research will be conducted and will be particularly cognizant of the special problems of research involving vulnerable populations, such as children, prisoners, pregnant women, mentally disabled persons, or economically or educationally disadvantaged persons. When some or all of the subjects are likely to be vulnerable to coercion or undue influence, we will require that additional safeguards be included in the study to protect the rights and welfare of these subjects. 3. Voluntary and Informed Consent: All subjects, adults or children, must be fully informed in advance of the degree of risk involved in their participation and, insofar as possible, given an explanation of the nature and consequences of the proposed research. Methods of securing cooperation of subjects should be specified in advance as clearly as possible. No coercion may be used to obtain or maintain cooperation. Adult subjects or their legal representatives must express consent to participate in writing (see Model Informed Consent Form in the application packet). If a subject is under the age of 18, informed consent must be obtained in writing from the subject's parent or legal guardian. Subjects over seven years of age must give their consent as well. All subjects, adults and children alike, must be assured that they may choose to withdraw from the research program at any time without penalty. 4. Confidentiality and Privacy: All information provided by a human subject, including responses to questionnaires, tests, and interviews, must be kept confidential to those performing the research and, when feasible, anonymous. Published accounts of such data must not reveal the identity of the subject.

5. Adequate Provision to Ensure the Safety of the Subjects: The HSRC will stress risks to subjects in their review of research projects to ensure that the provision for physical and psychological safety is adequate and the risk involved in each study is as minimal as possible. The research plan must make adequate provision for monitoring the data collected and the data collection process to ensure the safety of the subjects. 6. Research Design: In situations of risk to subjects, the Committee may return to the applicant, without action, proposals involving human subjects that it feels are unlikely, through faulty design, to yield accurate and scientifically meaningful data. 7. Codes and Standards: In its review process, the Committee will consider the degree to which proposed research conforms to the prevailing social codes and moral standards of the community or cultural group involved.

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On occasion, an application is submitted accompanied by a review of the project from another institution. If the other institution has primary responsibility in the project and if the Institutional Review Board adheres to federal guidelines and uses similar criteria to those of WWU in their review, the forms of the primary institution may be used. Expedited Review Under certain conditions specified in federal regulations (45 CFR 46.101), and at the discretion of the HSRC Chair, a protocol may be considered under an expedited review process. Procedure for Application Understanding the importance of the protection of human subjects in research, recognizing the role of the HSRC, and having mastered complex definitions so that you understand where your research "fits", you now need to know how to go about obtaining HSRC approval allowing you to proceed with your research. Be aware that whether or not your research is federally funded, and whether or not you think it may be exempt from review, you need HSRC approval to proceed if your research involves data that has been or will be collected from human subjects. Activity review forms for the use of human subjects in research are available in the Office of Research and Sponsored Programs office, complete with instructions for information required. The questions are straightforward, but they may present some issues you have not considered. Do not hesitate to ask the Chairperson or any HSRC member to help you complete the form. The completed form is submitted to the Provost, 1 Pioneer Building. It will be reviewed to determine exempt status, may receive expedited review, or may require review by the full committee. Full committee review will usually take one to two months; other reviews take less time. You will receive written communication from the HSRC indicating either approval of your proposal, or setting conditions which must be met before the proposal will be approved. DATA COLLECTION INVOLVING HUMAN SUBJECTS MAY NOT BEGIN BEFORE THE HSRC APPROVAL IS RECEIVED. EVEN AFTER APPROVAL, IT WILL BE NECESSARY TO NOTIFY THE HSRC OF ANY CHANGES IN YOUR RESEARCH PLANS. IF THE DURATION OF YOUR STUDY IS LONG THAN A YEAR, YOU WILL BE REQUIRED TO SUBMIT A BRIEF PROGRESS REPORT ANNUALLY, AND TO RECEIVE HSRC APPROVAL ANNUALLY. Page 49 of 58

III.

Patent Policy

A basic function of the University is to contribute to knowledge and culture by creative activity in all academic areas, and to disseminate the results of such creative activity by the most appropriate and effective means. The securing of a patent, in certain circumstances, may be the most appropriate and effective means of disseminating the knowledge involved, and it is the general policy of the University to encourage and support production of such patents for the purpose of dissemination of knowledge.

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SECTION 11 - GENERAL POLICIES I.

Equal Employment Opportunity Policy

In accordance with applicable federal laws and regulations, the employment policies and practices of Pioneer University are administered without unlawful regard to race, color, religion, national origin, sex, disability, marital status, veteran status, or age. The University will promote equal employment opportunity through a positive and continuing Affirmative Action Program. This Affirmative Action Program will have as its firm objective equal opportunity in recruitment, hiring, rates of pay, promotion, training, termination, benefit plans and all other form of compensation and conditions and privileges of employment for all employees and applicants for employment. The program is designed to provide equal employment opportunity and an atmosphere of nondiscrimination with respect to women, members of the various minority groups, veterans and the disabled. Coordination of the University’s civil rights effort is the responsibility of the Executive Vice President and Provost. Staff members are encouraged to direct inquiries or complaints regarding civil rights policy to the Executive Vice President and Provost. II.

Americans with Disabilities

Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008 require that we provide services and reasonable accommodations for individuals with disabilities. Individuals who may be eligible for services include those with physical disabilities, mental disabilities, and chronic health impairments that substantially limit a major life activity. Moreover, individuals with temporary impairments due to illness, surgery, or accident, while not qualifying under the ADA or the Rehabilitation Act, may be eligible to receive support services. In order to be eligible for services, Pioneer University requires written documentation of an employee’s disability to be provided. It is also the policy of the University to make all campus programs and services available to individuals with disabilities. For more information, contact the Executive Vice President and Provost. III.

Drug-Free Workplace

The following University policy is announced in compliance with the provisions of the federal “Drug-Free Workplace Act of 1988.” A.

General Policy Provisions: It is the University’s policy to maintain a drug-free workplace. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by employees in the workplace is prohibited.

Specific Policy Provisions: Any employee who accepts or performs University employment which involves direct engagement in work under any federal grant or federal

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procurement contract (as described in Application of Policy paragraph below) is hereby notified that, as a condition of employment in such grant or on such contract, he or she must abide by the terms of this policy. In addition, any such employees must notify the University’s Executive Vice President and Provost of any criminal drug statute conviction for a violation occurring in a grant or contract workplace no later than 5 days after such conviction. Upon receipt of such notice, the University will, where required by the Act: (1) take appropriate personnel action against the employee, which may include actions up to and including termination; or, (2) require such employees to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by federal, state, or local health, law enforcement or other appropriate agency. C.

Application of Policy Paragraphs 1 and 2 of this policy apply to all University employees. Paragraphs 1 and 2 of this policy apply to all University employees who are then directly engaged in the performance of work under either (1) a contract awarded to the University by any federal agency for the procurement of any property or services of a value of $25,000 or more; or (2) a grant made to the University by any federal agency. Employees found to be in violation of this policy will be subject to any consideration for rehabilitation and/or disciplinary action, including possible termination of employment.

IV.

Harassment and Discrimination Policy

In accordance with its mission and purpose, Pioneer University believes that each individual should be treated with respect and dignity. It is obvious that any form of harassment or discrimination is a violation of human dignity, and the University strongly condemns any such harassment and/or discrimination. Anyone who believes he or she has been discriminated against, harassed, or retaliated against in violation of this policy, should report the fact to the President of the University or the Executive Vice President and Provost, the latter of which acts as the Designated Investigator for the University. A.

Harassment or Discrimination. Discriminatory treatment on the basis of race, color, sex, religion, sexual orientation, national origin, age, handicap or disability, marital status, citizenship, maternity or lactation status, status as a Vietnam-era, special, disabled, or other veteran who served on active duty during a war, campaign, or exhibition for which a campaign badge has been authorized in accordance with applicable federal law, or protected activity under the anti-discrimination statues or discriminatory treatment as may be described by state statute, local ordinances or the University’s policies. The conduct must be so objectively offensive as to alter the conditions of

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the victim’s employment or educational experience. That is, the harassment must have culminated in a tangible employment or academic action or be sufficiently severe or pervasive to create a hostile work or educational environment. Examples of harassment include, but are not limited to, intimidation and humiliation as expressed by communications, threats, acts of violence, hatred, abuse of authority, or ill will that assault an individual’s self-worth. Harassment of a non-sexual nature can include slurs, comments, rumors, jokes, innuendoes, cartoons, pranks and other verbal or physical conduct, frequent, derogatory remarks about a person even if the remarks are not sexual in nature and any other conduct or behavior deemed inappropriate. B.

Sexual Harassment. Sexual harassment can fall into one or both of two categories: quid pro quo and hostile environment. Quid pro quo sexual harassment occurs when an individual attempts to use his or her position or authority to obtain sexual favors from an employee or student in an expressed or implied exchange for the granting of job or academic benefits or other favorable treatment. “Hostile environment” sexual harassment occurs when an employee or student is subjected to an intimidating, hostile or offensive sexually based or sexually oriented physical, verbal, or other conduct. Such conduct shall be subject to prompt and effective action.

Hostile Environment Harassment. Harassment that is sufficiently pervasive as to alter the conditions of employment or the educational environment and create an abuse environment in which to work or study. The person alleging a hostile environment must show a pattern or practice of harassment against him or her; a single incident or isolated incidents generally will not be sufficient. In determining whether a reasonable person in the individual’s circumstances would find the work or educational environment to be hostile, the totality of the circumstances must be considered. Individuals who believe themselves to be victims of harassment or discrimination and who desire University assistance may file an informal complaint with the Executive Vice President and Provost. The Executive Vice President and Provost will conduct the investigation in a reasonable confidential manner and promptly after receiving the complaint. The Executive Vice President and Provost will submit the findings and recommendations to the President of the University who will make the final decision as to what action shall be taken. If the complaint is against a faculty member and the President of the University determines that the conduct is such as to warrant the suspension or dismissal of the faculty member, the President of the University will initiate the appropriate Procedures as set forth in this Handbook.

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V. A.

Faculty Grievance Policy

Faculty Grievance Committee 1.

Purpose The Committee shall hear faculty grievances not related to questions of academic freedom or dismissals. The Committee will have the right to decide whether or not the facts merit a detailed investigation. The Committee shall seek to bring about a settlement of the issues satisfactory to the parties. If in the opinion of the Committee such a settlement is not possible, the Committee will report its findings and recommendations to the petitioner and to the President of the University.

Membership The faculty shall elect three members for three-year terms. The members shall elect the chair.

Meetings Meetings shall be held upon the written petition of a faculty member who has a grievance, or at the call of the chair.

Filing of Grievance

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Any grievance may be filed by any faculty member concerning any matter other than academic freedom or dismissal. Termination based on financial exigency shall not be considered as within the province of the Faculty Grievance Committee.

The petition must be submitted in writing and state clearly the nature of the grievance, specify against whom the petition is filed, and present supporting evidence for such a grievance. The petition may be returned if any of the above is missing or unclear and is not considered filed with the committee until corrected. The request for clarification must be made within fifteen working days. All petitions shall be submitted to the Chair of the Committee and each member of the Committee shall be notified in writing by the aggrieved that a petition has been submitted. This petition and any rebuttal provided by the person against whom the petition is filed are considered confidential and may not be shared except as allowed in below.

The University shall make available to the Committee any

pertinent records and documents for use of the Committee in its consideration of the grievance. By accepting membership on the Committee each member agrees to treat such information as confidential and to use it only for the purpose of processing the grievance.

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As soon as possible (normally within five days) after the filing of a petition, the person against whom the petition is filed shall be notified of the petition and a copy thereof provided. A copy of any rebuttal provided by the person against whom the petition is filed shall be provided to the petitioner. Preliminary interviews of the parties to that petition may be held in order that the Committee might seek clarification of the issues set forth in the petition. Wherever possible after these interviews, the Committee is encouraged to effect a settlement of the grievance(s) satisfactory to all parties. These interviews shall be conducted individually and in private.

Normally, within fifteen working days after the filing of a grievance the Committee shall meet to consider the petition. At this meeting the Committee shall take one of the following actions: a.

If, after due consideration, a grievance petition is unanimously agreed to be clearly without merit, the Committee shall so inform, in writing, the parties to the grievance and the President of the University, stating the reasons for its findings.

If, after due consideration, the Committee finds that a grievance has presumptive merit but that it is of such a nature (e.g., plagiarism, libel, defamation) that the Committee considers it inappropriate to render a report and recommendation, the Committee shall so inform in writing the parties to the grievance and the President of the University, stating its reasons.

If the Committee determines that a grievance exists, and there is unanimous agreement of its members on the validity of such grievance, the Committee may make an immediate report and recommendation. No further investigation need be made, and the provisions of Section (d) relating to notice of decision shall be followed.

If the Committee determines that a grievance may exist and that it is appropriate for further consideration by the Committee, the parties to the grievance and the President of

the University shall be so informed in writing. This notice should include a short summary of the matter to date. The investigation shall then proceed according to D below. e.

Any petition upon which no action under this paragraph has been taken within fifteen working days of filing shall be considered adequate cause for the petitioner to seek the intervention of the President of the University to determine and correct reasons for such delay.

Investigations In a reasonable time thereafter, the Committee shall investigate the charges set forth in the grievance petition:

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All meetings of the Committee pertinent to a grievance petition shall be recorded as minutes of an official meeting of the Committee in order that misinterpretations and willful misrepresentations may be avoided. These minutes shall be kept confidential by the Committee except as necessary to explain the Committee’s decision or recommendations to the President of the University.

The Committee shall interview separately the parties to the grievances in an attempt to determine all pertinent facts in the case. Each party may present evidence of any persons deemed to have information bearing upon the case. The rules of evidence as applied in courts of law shall not apply to these proceedings. These interviews and supporting documentation are to be considered confidential. Any party may have any person present for the sole purpose of presenting arguments. The Chair of the Committee shall preside at all such meetings.

The Committee shall, if necessary, have the right to call witnesses appropriate to its investigation of the facts. The Committee, administrative officers, and members of the faculty shall cooperate in providing information pertinent thereto. The University will, subject to its general policies with respect to disclosure of its records make available records that the Committee deems pertinent to the investigation.

If deemed necessary by the Committee and considered reasonable by the President of the University, appropriate expert consultation of the Committee’s choosing shall be provided by the University as advisory to the Committee in its interpretation of documents and records pertinent to a grievance procedure.

If a grievance petition alleges inadequate or improper consideration of any matter by a University, College or School Committee dealing with matters other than Faculty Dismissals or Academic Freedom and Responsibility, the Grievance Committee shall be provided with the record of the proceedings of such committee and all exhibits and other records considered by the Committee. It shall make such additional investigation of the proceedings of such committee, including interviewing the members of such committee, as may be appropriate to the Grievance Committee’s function in such matters. The Grievance Committee’s review shall be limited to a determination of whether the committee in question followed established guidelines and procedures in reaching its decision, with the understanding that the Grievance Committee is not to substitute its judgment on the merits of the decision.

Recommendations

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Except as provided in C, above, the decisions of the Grievance Committee shall be made upon majority vote, and recommendations for redress shall be filed in writing with the President of the University, the parties to the grievance, and such other persons appropriate or necessary to the implementation of recommendations.

Upon receipt of the decision and recommendations of the Committee, the President of the University shall within thirty days notify in writing the Committee and all parties to the petition of the decision to adopt or reject the Committee’s decision and its recommendations. The President of the University may meet with the Committee to discuss its findings prior to rendering the decision.

The President of the University shall make the final decision.

Acknowledgements In constructing this handbook the faculty and staff of Pioneer University looked at numerous catalogues and handbooks for both content and style features. Pioneer University would specifically like to thank the following institutions as their literature proved to be easily adaptable to own Mission and Purpose: Creighton Christian College, High Tech High Graduate School of Education, University of Southern California, BYU-‐ Hawaii and California State University, Channel Islands.

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