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Procedures for Disciplinary Action

Scope: Bargaining Unit Faculty are covered by this policy.

Faculty

Procedures for Disciplinary Action

Policy

General

  1. The University shall not discipline or discharge any bargaining unit faculty member without just cause.
  2. The University is committed to the use of progressive discipline. Disciplinary action shall be proportional to the nature and severity of the offense, noting that when the severity of the alleged offense or bargaining unit faculty member's history of discipline warrants a deviation, it is in the University's discretion to do so. Under certain circumstances, suspension without pay or termination may be an appropriate initial disciplinary action.
  3.  Disciplinary procedures may result in the imposition of any appropriate penalties including, by way of example in ascending order of severity: letter of reprimand; mandatory training; limitation on supplemental teaching or research opportunities; limitation on future increases in compensation; suspension with or without pay; reduction in rank; change in status from tenured to annual appointment; and dismissal.

Matters Handled By Department Chairs

Each department chair is expected to advise any member of his or her department regarding any known failure by such member to comply with any applicable policies or guidelines, violation of standards of conduct, professional incompetence, or failure to carry out job responsibilities.  This will be done on an as-needed basis or periodically in annual reviews and performance improvement plans.  If problems identified by the department chair are not resolved following one or more meetings, and/or written communications, then the chair may issue a written summary, which will be placed in the faculty member’s personnel file, along with any response from the faculty member. These meetings and/or communications are not considered to be disciplinary in nature, rather they are instructional and intended to improve performance.

In the event a department chair determines that disciplinary action is appropriate in a particular case or in the event that problems persist after one or more written communications under the section of this policy titled “Matters Handled By Department Chairs”, the chair may initiate a disciplinary proceeding under the section of this policy titled “Initiation of Disciplinary Action” below.

Disciplinary Proceedings

The procedures outlined in the sections of this policy titled “Initiation of Disciplinary Action” through “General Matters” are applicable in cases in which it is believed that a member of the faculty has engaged in misconduct which has not been, or cannot be, adequately addressed by following the informal procedures described above.

Initiation of Disciplinary Action

Disciplinary proceedings may be initiated either by departmental action or at the Provost’s direct initiation. Absent emergency circumstances, disciplinary action or proceedings shall be initiated within thirty (30) calendar days after the University concludes its investigation of the allegations forming the basis of the charges, excluding days on which the University is closed, and/or the bargaining unit faculty member is not on contract.

Departmental Action

The department chair will submit a memorandum of information to the dean, with a copy sent to the faculty member.  The memorandum shall include the following:

  1. information in sufficient detail to disclose fully the nature of the alleged misconduct;
  2. reference to prior discussions and written communications on the subject, if any;
  3. supporting documentation as appropriate;
  4. a statement that the faculty member may arrange a meeting with the department chair and dean to discuss the matter and present the faculty member’s views and information. The memorandum shall indicate:
    1. that the faculty member must request this meeting in writing within fourteen (14) calendar days after delivery of the memorandum of information;
    2. that the faculty member’s failure to request such a meeting could result in the proposal of a disciplinary action; and,
    3. at this meeting, should the faculty member request one, they may bring a union delegate as contemplated by Article 7 of the Collective Bargaining Agreement.

Divisional Action 

After the meeting described above, or after the deadline has passed without a request for a meeting by the faculty member, the dean will decide whether to drop the matter, ask the chair to handle it first, oragain, or propose a penalty determined by the dean.

If the dean determines that disciplinary action is appropriate, the dean will submit a memorandum of proposed disciplinary action to the Provost, with a copy sent to the faculty member and department chair.  This memorandum shall include the following:

  1. information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;
  2. reference to prior discussions and written communications on the subject, if any;
  3. supporting documentation as appropriate;
  4. a statement that the faculty member may arrange a meeting with the dean and Provost to discuss the matter and present the faculty member’s views and information. The memorandum shall indicate:
    1. that the faculty member must request this meeting in writing within fourteen (14) calendar days after delivery of the memorandum of information;
    2. that the faculty member’s failure to request such a meeting could result in the proposal of a disciplinary action; and,
    3. at this meeting, should the faculty member request one, they may bring a union delegate as contemplated by Article 7 of the Collective Bargaining Agreement.

After the meeting described above or after the deadline passed without a request for a meeting by the faculty member, the Provost will issue a written determination regarding the discipline proposed by the Dean. The discipline issued by the Provost will be implemented, subject to the Collective Bargaining Agreement, including the articles related to Discipline and Discharge and Grievance and Arbitration. This includes a predisciplinary meeting with the Provost, or their designee, prior to implementation of any suspension without pay or termination.

Provost’s Direct Initiation of Disciplinary Action 

Disciplinary action may also be initiated directly by the Provost, upon the Provost’s own initiative based upon information alleging misconduct by a faculty member.

The Provost will consult with the department chair and divisional dean prior to initiating disciplinary action.  As a result of the consultation, the Provost may refer the matter to the department chair and dean for proceedings in conformity with earlier sections of this policy. 

In the event the Provost determines it is appropriate to proceed directly with disciplinary action, the Provost shall submit a memorandum of proposed disciplinary action to the faculty member, with copies sent to the department chair and dean.  This memorandum shall include the following:

  1. information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;
  2. reference to prior discussions and written communications on the subject, if any;
  3. supporting documentation as appropriate;
  4. a statement that the faculty member may arrange a meeting with the dean and Provost to discuss the matter and present the faculty member’s views and information. The memorandum shall indicate:
    1. that the faculty member must request this meeting in writing within fourteen (14) calendar days after delivery of the memorandum of information;
    2. that the faculty member’s failure to request such a meeting could result in the proposal of a disciplinary action; and,
    3. at this meeting, should the faculty member request one, they may bring a union delegate as contemplated by Article 7 of the Collective Bargaining Agreement.

After the meeting described above or after the deadline passed without a request for a meeting by the faculty member, the Provost will issue a written determination regarding discipline. The discipline issued by the Provost will be implemented, subject to the Collective Bargaining Agreement, including articles related to Discipline and Discharge and Grievance and Arbitration. This includes a predisciplinary meeting with the Provost, or their designee, prior to implementation of any suspension without pay or termination.

Interim Suspension 

The University may suspend faculty members and place them on administrative leave with pay, relieve them of a portion of their responsibilities, or exclude them from campus or contact with students, in cases involving offenses that endanger the health, safety, and/or welfare of members of the University community, in its sole discretion. When such action is taken, the University will provide notice to the Union within 48 hours of a faculty member’s suspension and will hold a predisciplinary as expeditiously as possible following the notice of suspension. The pre-disciplinary meeting must be held within thirty (30) days following the suspension unless an extension is agreed to by the parties in writing. The purpose of the predisciplinary meeting is to provide the bargaining unit faculty member an opportunity to respond to the allegations against them.

During an interim suspension, a faculty member is relieved of all employment responsibilities. Additional terms of suspension, such as loss of office and library access, may also be imposed.

During an interim suspension, the faculty member’s compensation will be continued until the procedures described in this policy are completed. Additionally, the Provost may lift the interim suspension before the completion of the disciplinary procedures described in this policy. An interim suspension is initiated by informing the faculty member of the suspension orally or in writing.  If the initial notification is given orally, the faculty member shall also receive written notification.  The written notification shall include the terms of the interim suspension, the reason for the interim suspension, and their right to request a predisciplinary meeting to occur as expeditiously as possible.

General Matters

References in this policy to a particular officeholder are to be read as including another person serving in an “acting” or “interim” capacity for the officeholder and any other person designated by the officeholder to serve in his or her stead.

Timelines specified in this policy may be extended at the discretion of the Provost. The running of timelines will be suspended during Thanksgiving Recess, Winter Recess, Spring Recess, and the interval between the end of final examinations for Spring Semester and the date on which faculty are required to report for the Fall Semester.

Disciplinary action is generally treated as confidential to the extent permitted by law.  However, individuals involved, including witnesses, may be advised of the final outcome at the discretion of the Provost.

Increases in salary and promotion in rank are based on merit and are not matters of right.  Therefore, failure to grant either or both to a faculty member is not disciplinary action within the meaning of these procedures. 

The University is deeply committed to maintaining a disciplinary process that protects the rights of the institution, the accuser and the accused. The University reserves the right to supplement or alter these disciplinary procedures any time it deems appropriate to protect the constitutional rights, including the right to academic freedom, of those involved or to comply with state and/or federal law, in accordance with the Collective Bargaining Agreement then in effect.

In particular, the University notes that it may well be necessary to supplement and alter these procedures in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence, and stalking in order to comply with Title IX and the Violence Against Women Act.


Related Form(s)

Not applicable.


Additional Resources and Procedures

Collective Bargaining Agreement in full force and effect through June 30, 2026.


FAQ

Not applicable.


Policy Administration

Next Review Date

7/1/2027

Responsible Officers

Provost and Executive Vice President for Academic Affairs

Legal Authority

Ohio Revised Code 4117

Compliance Policy

No

Recent Revision History

 Edited July 2018; Edited July 2019; Revised effective January 1, 2026