Privilege & Tenure - Hearings

Fall Quarter 2017-2018


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Charge

87. Privilege and Tenure
A. This committee shall consist of a chair, who also shall be the chair of the Investigative subcommittee, and sixteen members. (Am. 6/5/02)
B. The committee shall take cognizance of all matters affecting the privilege or the tenure of all Senate or Non-Senate faculty members in conformity with University Senate Bylaws 334-337. Proceedings for grievances, disciplinary actions, and early terminations of Senate or Non-Senate faculty members, shall be conducted in accordance with the principles and rules of procedure set forth in University Senate Bylaws 334-337. (Am. 6/5/02)
C. The committee shall be composed of two subcommittees, the Investigative subcommittee and the Hearings subcommittee. Except for instances in which the Committee on Privilege and Tenure sits as the Committee of the Whole, the two subcommittees shall operate independently of one another. No member shall, during the one-year term of office, be a member of more than one subcommittee.
D. Investigative subcommittee
1. The Investigative subcommittee shall consist of a chair (who is also the chair of the Committee on Privilege and Tenure) and four members. Appointments are for one year and are renewable.
2. Any Senate or non-Senate faculty member, who believes his or her rights or privileges have been violated may take the grievance to the Investigative subcommittee of the Committee on Privilege and Tenure. The subcommittee shall first determine whether the grievant has made out a prima facie case as defined in University Senate Bylaw 335B2. If a prima facie case has been made out, the subcommittee may make such further investigation of the facts as it deems appropriate to determine if there is sufficient reason to believe that the grievant's rights or privileges may have been violated. This preliminary review shall be conducted in accordance with University Senate Bylaw 335B3.
3. If the subcommittee determines either that the grievant has not made out a prima facie case or, after a preliminary review, that there is not sufficient reason to believe that the grievant's rights or privileges may have been violated, it shall advise the grievant in writing of that conclusion and the basis for it. (En. 12/15/1967)
4. If the subcommittee determines that the grievant has made out a prima facie case and that there is sufficient reason to believe that the grievant's rights or privileges may have been violated, it shall inform the grievant and the Chancellor's designee in writing of that determination. In accordance with University Senate Bylaw 335B5, the subcommittee shall make an attempt to promote a resolution of the controversy between the grievant and the administrative officer, officers, or other person concerned. If a resolution satisfactory to all parties cannot be reached, the subcommittee shall, after due notice to the parties, refer the case to the Hearings subcommittee for a hearing. A negotiated or mediated resolution is permissible and appropriate at any stage of a grievance proceeding (University Senate Bylaws 335C1 and 335C2). (En. 12/15/1967)
E. Hearings subcommittee
1. The Hearings subcommittee shall consist of a chair and eleven members. Appointments are for one year and are renewable. Preferably, at least half of the members serving at any one time should have prior service on the Committee on Privilege and Tenure. Hearings panels for grievance cases, disciplinary cases and early termination cases shall be selected from among the members of the Hearings subcommittee. No person who was a member of the Investigative subcommittee at the time of investigation of a matter may thereafter serve on a hearing panel for that matter. (Am. 6/5/02)
2. Upon request of the Investigative subcommittee, the chair of the Hearings subcommittee shall appoint hearings panels for grievance cases as prescribed by University Senate Bylaw 335. (Am. 6/5/02)
3. In cases of disciplinary action commenced by the administration against a member of the Academic Senate, or against other faculty members in cases where the right to a hearing before a University Senate committee is given by Section 103.9 and 103.10 of the Standing Orders of The Regents, the chair of the Hearings subcommittee shall appoint hearings panels as prescribed by University Senate Bylaw 336 or Section 015 of the UC Davis Academic Personnel Manual, respectively. (Am. 6/5/02)
4. In cases of proposed termination of a Senate or non-Senate faculty member before the expiration of the faculty member's appointment, or in cases where a tenured faculty member faces termination, or for other faculty members whose right to a hearing before a Senate committee is given by Section 103.9 or 103.10 of the Standing Orders of The Regents, the faculty member may request a hearing before the Hearings subcommittee. The chair of the Hearings subcommittee then shall appoint hearings panels as prescribed by University Senate Bylaw 337. (En. 6/5/02)
5. Hearings Panels (Am. 6/5/2002)
a. Hearings panels shall be selected as prescribed by applicable University Senate Bylaws. To the extent feasible, each hearing panel should be chaired by a person with legal training.
b. The chair of the Hearings subcommittee may consider requests from the parties in the case to reject proposed panel members for good cause. Such requests may be granted if the chair determines that good cause has been established. The burden of proof lies with the challenging party.
c. Once a hearing panel has been appointed and the process has begun, the panel must remain as constituted until the hearing phase has been concluded.
6. Hearings (Am. 6/5/2002)
a. The hearing procedures shall conform to University Senate Bylaw 335, 336, 337 or Section 015 of the UC Davis Academic Personnel Manual, as applicable to the case.
b. If a grievant files multiple grievances, the hearing shall be limited to those grievances for which the Investigative subcommittee determines that there is sufficient reason to believe that the grievant's rights or privileges have been violated.
7. After conclusion of the hearing, the hearing panel shall promptly prepare a report of its findings of fact, conclusions, and recommendations, including the evidence on which these are based. Copies of the report shall be forwarded to the parties in the case, and to the chair of the Investigative subcommittee (who is also the chair of the Committee on Privilege and Tenure). (Am. 12/15/1967)
8. The hearings panel may, by separate report to the Executive Council, petition for the establishment of a Special Review Committee as provided for in Bylaw 73(C)(9). Any such petition shall disclose the hearing panel’s findings, conclusions and recommendations only with the consent of the grievant and only to the extent allowed by law. The petition may extend beyond the scope of the individual grievance to include the general conditions out of which the grievance arose. (Am. 4/14/2008)
9. The chair of the Hearings subcommittee shall arrange for meetings and written materials as needed for the orientation of the members of the subcommittee. The chair shall take the measures necessary to ensure that hearings are conducted in a fair and professional manner.
F. The Committee of the Whole
1. The Committee of the Whole shall consist of the chair and the sixteen members of the Committee on Privilege and Tenure. (Am. 6/5/02)
2. The Committee of the Whole shall discharge the duties and responsibilities of the Committee on Privilege and Tenure except those duties and responsibilities specifically within the jurisdiction of the Investigative subcommittee or the Hearings subcommittee. (Am. 6/5/91; Am. 6/5/02)