
CHAPTER 5/ Faculty Benefits and
Responsibilities and Leaving the University
Revisions accepted by the General Faculty, 5-10-05
For more information regarding Leave
Policies at WSU, see
http://webs.wichita.edu/inaudit/ch_5.htm
revisions made to Handbook 4-06
5. / Leave Policies
5.1 / Sabbatical Leave
5.11 / Sick Leave
5.12 / Vacation
5.13 / Holiday
5.14 / Jury Duty
5.15 / Military
5.16 / Funeral
5.17 / Leave Without Pay
5.18 / Family & Medical Leave
5.19 / Shared & Donor Leave
5.2 / Faculty Personnel Records
5.3 / Resolution of Internal Disputes
5.31 / Right of Consultation
5.32 / Grievance Policy
5.4 / University Policy Prohibiting Sexual Harassment
5.41 / Sexual Assault
5.5 / Professional Development
5.51 / Faculty Awards
5.6 / Faculty Right to Academic Freedom
5.61 / Rights and Responsibilities of Academic Professionals and Collegiality
5.62 / Faculty Ethics Statement
5.63 / Resolution on Academic Freedom and Campus Disruptions
5.7 / Leaving the University
5.71 / Resignations
5.711 / Statement of Resignation
5.712 / Resignation Procedures
5.72 / Retirement
5.73 / Resignation/Retirement/Termination Procedures
5.8 / Financial Exigency
5.81 / Financial Exigency Background
5.82 / Policies and Procedures for the Reduction of Unclassified Staff for
Reasons of Financial Exigency
5.83 / Policy on Compensation in Excess of Full-time Salary
5.1 / Sabbatical Leave:
Wichita State University's policy on sabbatical leaves is based on Board of Regents policy that states, in part, that sabbatical leave may be granted under the following conditions.
In strictly meritorious cases, a full-time faculty member on regular appointment at any of the Regents institutions of higher education who has served continuously for a period of six years or longer at one or more of these institutions, may, at the convenience of the institution and upon the approval of the president or chancellor of the institution with which connected, be granted not to exceed one such leave of absence for each period of regular employment for the purpose of pursuing advanced study, conducting research studies, or securing appropriate industrial or professional experience; such leave shall not be granted for a period of less than one semester nor for a period of more than one year, with reimbursement being made according to the following schedule:
A faculty member applying for sabbatical leave is required to file an official Application for Sabbatical Leave and sign a Sabbatical Leave Agreement by which he or she agrees to return to Wichita State University for a period of at least one year immediately following expiration of the period of leave. In the event of failure to return, the faculty member agrees to refund all sabbatical pay, or, on failure to remain for at least one year, to refund that portion of sabbatical pay which is in proportion to the amount of time not served as required by the agreement.
Sabbatical leave requests should be prepared on official forms which are available on the Academic Affairs web page. Leave requests are due in the deans' offices no later than the last Friday in September and in the Office of Academic Affairs and Research no later than the second Friday of October of the academic year preceding the proposed leave. Leave requests are then referred to the Faculty Support Committee (FSC), a committee whose charge is to review leave proposals in terms of merit, solicit additional information where needed, and make ranked recommendations to the Provost and Vice President for Academic Affairs and Research who performs the final evaluation. Each applicant is informed of University action on his/her sabbatical leave request on the second Friday in February.
Procedures and policies established for sabbatical leaves are as follows:
The scope of activities that may be undertaken by WSU faculty on sabbatical leaves is quite broad, encompassing not only the traditional purpose of scholarly research, but the more nontraditional purposes of professional development or redevelopment. At WSU, leaves have been granted for advanced study, for specific research projects, for creative projects, for curriculum/instructional development, for residencies to observe the programs and methods of other institutions, for travel related to academic and professional development, for occupational experience designed to enhance professional qualifications, and many other similar purposes. Work toward a graduate degree does not normally qualify as an acceptable program for a sabbatical leave.
Sabbatical leave programs properly serve the interests of the faculty member and the university as a whole. Faculty who have accumulated service with the University benefit from having a period away from normal campus obligations in order to pursue special interests or projects related to their professional lives. The period of renewal offered by such leave also benefits the University, which welcomes back at the conclusion of a successful leave a faculty member with new ideas, enthusiasm, and accomplishments.
The sabbatical leave application process contains some features designed to enhance the probability of successful sabbatical leaves. In the application materials, faculty are asked to demonstrate special aptitude for their proposed projects, indicating previous professional or scholarly work related to the area of activity proposed for the leave. Sufficient documentation must be presented to enable the University to conclude that the goals of the leave probably will be accomplished and that the project cannot be completed without such a leave.
A particular concern of the University is the difficulty of granting leaves to faculty in small departments. A disproportionate negative effect may be felt by students and colleagues when a faculty member who is the only person with programmatic expertise needed on a regular basis by the department takes a sabbatical or other type of leave. Faculty in small departments, therefore, need to plan their leaves in advance, and obtain assurance from their department and college that arrangements can be made to cover their responsibilities while absent. As previously indicated, Regents policy limits the number of sabbatical leaves in any fiscal year to not more than four percent of the equivalent full-time faculty with rank of instructor or higher. The University further stipulates that the number of leaves in any fiscal year may not be so great in any department, division, or college, or on the campus as a whole, as to disrupt the continued and regular course offerings, or to affect the quality of education offered to the students. Final approval of the sabbatical leave for a faculty member being reviewed for continuous tenure is contingent upon the awarding of tenure. Questions regarding the sabbatical leave policies and procedures of the University may be addressed to the Provost and Vice President for Academic Affairs and Research.
5.11 / Sick Leave:
Faculty who are forced to be absent from their duties for reason of personal illness or temporary disability are eligible to receive sick leave pay.
Accrual of Sick Leave Credit:
Faculty will accrue sick leave credit at the rate of one working day for
each calendar month of full-time employment with no limit on the number of
days which can be accumulated. Accumulations of sick leave credit for
months spent on less than full-time status shall be reduced
proportionately. Accumulations for time on sabbatical leave will be
proportioned according to the pay status during that period. No sick leave
credit will be awarded for periods when faculty are on leave without pay
status. Faculty employed less than half-time, lecturers, and
adjunct/faculty associates are not eligible for sick leave.
Use of Sick Leave:
Sick leave with pay may be granted only for the necessary absence from duty
because of personal illness, disability, or legal quarantine of the faculty
member; or the personal illness or disability of a member of the faculty
member's family when the illness or disability reasonably requires the
faculty member to be absent from work. Personal illness includes disability
caused or contributed to by pregnancy, termination of pregnancy, childbirth,
and the recovery therefrom. Faculty member's family includes persons
related to him/her by blood, marriage, or adoption, and minors residing in
the faculty member's residence as a result of court proceedings pursuant to
the Kansas code for care of children or the Kansas juvenile offenders code.
It will be the responsibility of each faculty member to report sick leave utilized to his or her departmental office on a biweekly basis. Sick leave should not be reported in increments of less than one-half day.
Departmental chairpersons or budget officers will submit a biweekly departmental record of sick leave used to the Office of Human Resources.
At such time that all accrued sick leave credit has been used, and dependent upon the nature and circumstances of the illness, faculty may be eligible for leave without pay.
Compensation for Accrued Sick Leave: Each faculty member retiring from the unclassified service of the State of Kansas who has accumulated 100 days or more of sick leave shall receive at the time of retirement compensation for his or her accumulated sick leave as follows:
5.12 / Vacation Leave:
Faculty at Wichita State University employed on a 12-month basis are entitled to vacation leave. Vacation leave is implemented by the following administrative guidelines:
Accrual of Vacation Leave:
Full-time faculty on a 12-month basis earn 22 working days of vacation leave
in a complete fiscal year. Leave credit shall be accumulated at the rate of
two days for each month of service for all months of full-time employment
with the exception of the last month in any fiscal year. Accumulations of
vacation leave credit for months spent on less than full-time service shall
be reduced proportionately. Twelve-month faculty employed less than
half-time are not eligible for vacation leave. The maximum amount of
vacation leave which can be accumulated is 38 days. Accumulations of
vacation leave credit for time on sabbatical leave will be proportioned
according to the pay status during the period. No vacation leave credit
will be awarded for periods when faculty are on leave-without-pay status.
Nine-month and ten-month faculty do not earn vacation leave.
Use of Vacation Leave:
Vacation leave should be arranged in advance with the approval of the
faculty member's budget officer. It should be recognized that utilization
of accrued vacation time benefits the faculty member and the University and
supervisors are encouraged to accommodate and facilitate reasonable requests
for vacation leave. Subject to University needs, no faculty member should
go longer than twelve (12) months without taking vacation leave.
Compensation for Accrued Vacation Leave:
In the event of a termination, accrued vacation leave should be taken prior
to the end of the appointment period; and the budget officer may require
that, if possible, some or all of the faculty member's accrued vacation
leave be taken in lieu of payment. However, if any vacation leave remains
unused as of the last day of service, for whatever reason, Board of Regents
policy stipulates that the faculty member may be paid for accrued vacation
leave up to a maximum of 176 hours upon resignation or a maximum of 240
hours upon retirement from the University. In case of termination prior to
completion of an initial 12-month appointment, accrued leave may be taken by
the faculty member or must be compensated regardless of the number of months
of service.
The Board of Regents has adopted the following policy:
Regents institutions shall observe the following holidays for all faculty:
| New Year's Day | Labor Day | ||
| Martin Luther King Day | Veterans' Day | ||
| Memorial Day | Thanksgiving Day | ||
| Independence Day | Christmas Day |
Faculty within the Regents system who accrue annual leave shall be entitled to one additional holiday per year to be taken at their discretion, subject to the advance approval of the faculty member's budget officer and budget review officer.
5.14 / Jury Duty; Other Required Appearance Before a Court or Other Public Body:
Each faculty member holding a full-time appointment with executive, regular, or provisional status (excluding those with temporary status and those employed less than half-time), shall be granted leave with pay by their budget officer and budget review officer for:
5.16 / Funeral Leave:
Reasonable leave with pay may be granted to a faculty member by the
departmental budget officer for the purpose of attending the funeral
of any member of the faculty member's or his/her spouse's immediate
family. The term "immediate family"; as used here, includes spouse,
parents, grandparents, children, grandchildren, brothers, sisters,
aunts, uncles, nieces, nephews, or those of similar close
relationship by blood, marriage, or adoption. "Reasonable leave"
will generally be interpreted as one to six days, depending on the
relationship of the deceased to the faculty member and the travel
required. Additional time may be granted at the discretion of the
budget officer based on individual circumstances.
5.17 /Leave Without Pay:
A faculty member may be granted a leave of absence without pay when it is judged to be in the best interest of the University. Written application for such leave, together with the endorsements of the appropriate departmental chairperson and/or dean or director, should be submitted to the Provost and Vice President for Academic Affairs and Research. The Kansas Board of Regents policy on such leaves is stated as follows:
"A leave without pay for up to three years may be granted by the chief executive officer of the employing institution when such is judged by the chief executive officer to be in the best interest of the institution. No leave may be granted to any employee who has accepted a permanent position with another postsecondary education institution.
Any extension of a leave without pay beyond three years requires approval of the board. The chief executive officer of the employing institution shall provide documentation of extraordinary circumstances justifying the extension of such leave beyond three years.
Leaves without pay will not be regarded as a break in service; however, such leave will not count toward the earning of sabbatical leave nor will other than a scholarly leave count toward the tenure probationary period. Scholarly leave will count toward the tenure probationary period unless the employee and the institution agree in writing to the contrary at the time the leave is granted.
During a leave of absence without pay, an employee's eligibility for health insurance shall be determined by and be in accord with the policies, rules and regulations of the State Employees Health Insurance Commission."
Kansas Board of Regents, Policy Manual (1995 edition), item 12 (b) on page 10F
5.18 / Family and Medical Leave Act: rev. 8-1-09
The Family and Medical Leave Act (FMLA) requires employers to
provide 12 weeks of paid/unpaid leave to eligible employees for FMLA
qualifying family and medical reasons. See
Section 3.34 of the WSU
Policies and Procedures manual for specific information about
eligibility and benefits under the Family and Medical leave Act.
All faculty who accumulate sick leave shall be eligible for participation in the shared leave program. Shared Leave may be granted to a faculty member if the faculty member or a family member is experiencing a serious, extreme or life-threatening illness, injury, impairment, or physical or mental condition which has caused, or is likely to cause, the faculty member to take leave without pay or to terminate employment. In accordance with state regulations, the maximum duration of shared leave granted for a faculty member's illness or injury is six months unless the faculty member does not qualify for long-term disability, in which case the maximum duration is twelve months. While using shared leave, a faculty member will continue to accrue leave at the regular rate which must be deducted each pay period before shared leave is used.
Recipient eligibility requirements:
University faculty will be granted leave with pay for recovery time away from work when they have chosen to donate organs, tissue, bone marrow, blood or blood products. Donor leave may not be used to care for family members who are donors.
Faculty may receive up to 30 working days of paid leave for recovery from an organ or tissue donation procedure, up to 7 working days of paid leave following the donation of bone marrow, up to 1.5 hours of paid leave every 4 months for the donation of blood and up to 3 hours of paid leave every 4 months for the donation of blood platelets or other approved blood products. Donor leave is recorded for the exact number of hours used in quarter hour increments.
Faculty members fill out the Faculty Personnel Record early in their first period of service in the University. The record deals with marital status, education and degrees, military service, occupational history, awards, memberships, and offices in professional and learned organizations, etc. A complete transcript of college/school/University Libraries and university work is also required. Faculty personnel records are maintained in the Office of the Provost and Vice President for Academic Affairs and Research.
5.3 / Resolution of Internal Disputes
WSU Policies & Procedures ---
http://webs.wichita.edu/inaudit/ch5_06.htm
5.31 / Right of Consultation
A faculty member may
invite a colleague to attend a discussion or meeting with her chair,
dean, or other supervisory administrator at which the faculty member's
professional activity or performance will be discussed, and should
notify the administrator accordingly.
The invited colleague may act as an advisor or witness, and may participate in the discussion if invited to do so by any of the others present. He or she may take notes, if all parties agree.
The invited colleague is not a representative of the faculty member whom they accompany and is not a legal counsel. His or her role is that of colleague and advisor, with a responsibility to assist in the consultations to produce a satisfactory resolution of the dispute. Responsibility for any decisions or actions taken remains with the parties to the dispute. Any other administrative officer invited to such a meeting or discussion has the same limited responsibilities as an invited faculty colleague, unless he/she has regular, pre-existing administrative responsibilities for the issues being discussed.
When a faculty member invites a colleague to attend such a meeting or discussion, he or she assumes responsibility for any loss of confidentiality that results from that colleague's actions. The presence of an invited colleague does not imply that a written record of the meeting must be kept; it does not preclude any participant from submitting a summary memorandum to others who were present for their authentication.
5.32 / Grievance Procedure
revisions accepted by the President-- 2006
Grievance Procedures Summary:
In order to attempt to resolve internal disputes within the campus community, Wichita State University has established a grievance procedure for faculty members. This procedure, when implemented, provides faculty with an opportunity to have a grievance complaint considered by a Grievance Review Committee made up of faculty members. The Review Committee then makes recommendations to the Provost and Vice President for Academic Affairs and Research
Grievance Procedures in Summary Form:
1. A faculty member who has a grievance must make a bona fide effort to resolve the matter through University channels. In most instances this should occur within the faculty member's department or office and should involve the chairperson or immediate supervisor, and if appropriate, the dean.
2. If the dispute is not settled, the faculty member must contact the Chairperson of the Rules Committee. If a grievance involves discrimination, the faculty member should notify the Director of Equal Employment Opportunity before contacting the Chairperson of the Rules Committee. In discrimination grievances, if contacted first, the Rules Committee Chairperson will direct the faculty member to the Director of Equal Employment Opportunity.
3. The faculty member must file a formal complaint with the Chairperson of the Rules Committee and request that a Convener and a Review Committee be appointed.
4. If the faculty member elects to waive a hearing, the Review Committee will evaluate the evidence and base its findings and recommendations on such material.
5. If the faculty member elects a hearing before the Review Committee, the specific procedures for the hearing are provided in the statement of Policies and Procedures for Processing Grievances at Wichita State University.
6. After the hearing, the Review Committee will deliberate and submit its findings and recommendations to the vice president of the University having jurisdiction over the respondent.
7. Following evaluation of the Review Committee's recommendations, the vice president will decide the case.
8. Either party to the grievance may appeal this decision to the President.
Policies and Procedures for Processing Grievances for Faculty:
I. General Information
A. Internal Disagreements
To resolve internal disputes, to assure careful consideration of personnel actions and complaints, and to safeguard academic freedom, Wichita State University provides for the review of grievances filed by faculty members of the University. The term "faculty member" refers to a person who, at the time the grievance is filed, is a full-time member of the faculty or who holds a fractional time appointment of .5 or more, and who holds the rank of assistant instructor, instructor, assistant professor, associate professor, or professor. This grievance procedure cannot be used by classified staff, or by students.
Faculty members should turn to the grievance process only after the normal methods of administrative remedy have been tried. Relief should be sought from at least one level higher in the administrative structure other than the department unit.
WSU and faculty assume that it is possible and desirable to resolve disputes through internal processes. It is also assumed that the procedures are not the same as a court trial. If a faculty member appeals to agencies outside the University before the internal grievance procedure has been completed, the President of the University may tell the Rules Committee to stop the review.
B. Exclusions
Complaints based on the following are excluded from this grievance procedure:
The complaint form must be filed within three months from the date on which the grievance occurred or the date on which it became known. Grievance hearings will not be conducted between May 18 and August 18. Grievances filed during that period will be processed after August 18.
II. Suspension of Faculty Member During the Proceedings
A faculty member may be suspended during a grievance if, in the judgment of the President, immediate harm to the faculty member or to others is threatened by continued service. This suspension occurs without prejudice and, except in extremely unusual circumstances, without loss of compensation until the grievance procedures herein are concluded and the action of the vice president is taken pursuant to Section VIII L. of this policy.
III. Initial Procedures in Processing a Grievance
Any faculty member who has a grievance must make a bona fide effort to resolve the matter through University channels at the most immediate level. In most instances this should involve the chair, and if appropriate, the dean. If discrimination is alleged, the faculty member may initially seek resolution by contacting the Director of Equal Employment Opportunity rather than the chair or dean. If the complaint is directed against a faculty member, office, or entity outside the department, the grievant must also make a genuine effort to resolve the matter.
IV. Formal Request for Review - Statement of the Problem
A faculty member who is unable to settle the dispute must obtain a complaint form from the Chairperson of the Rules Committee. In discrimination cases, the faculty member should consult with the Director of Equal Employment Opportunity before contacting the Chairperson of the Rules Committee. In discrimination grievances, if contacted first, the Rules Committee Chairperson will direct the faculty member to the Director of Equal Employment Opportunity. The Rules Committee must decide whether the faculty member has made a bona fide effort to resolve the problem. The complaint form requires the faculty member to describe the nature of the complaint, state the alleged improper action, and explain the desired redress. This statement will serve as a petition requesting the Rules Committee to call together a Review Committee to review the matter. Submission of a petition does not automatically entail investigation or a detailed consideration of the problem. The Rules Committee will decide within five class days whether the grievance should be processed and a Review Committee formed. A decision not to process the grievance may be appealed to the Faculty Senate President who will decide within three class days of receiving the appeal whether to overrule the decision. If the petition is accepted, the Rules Committee Chairperson shall appoint a Convener and a Review Committee. The Convener will see to it that the other parties to the action, the dean, and the appropriate vice president receive a copy of the written statement of the complaint within three class days of its receipt.
V. Conveners
NOTE: The Convener is not a voting member of the Grievance Review Committee. The Convener's role is that of an administrator and executive secretary.
A. Conveners will be drawn from a panel of six faculty members. This panel will be selected by the Agenda Committee of the Senate in consultation with the Chairperson of the Rules Committee and the Provost and Vice President for Academic Affairs and Research. Panel members will serve three year staggered terms.
B. The Chair of the Rules Committee will assign a Convener to each grievance within ten class days after the decision to process the grievance.
C. Responsibilities of the Convener. The Convener will:
VI. The Review Committee
A. Selecting the Review Committee
A. The parties to the dispute will submit and exchange prepared written summaries of the major issues in the case at the meeting referred to in paragraph B. The Convener will meet with the parties to:
VIII. Hearing Procedures
A. The Convener shall establish a time for the hearing, taking into account the needs of the parties.
B. The Review Committee will judge what information it needs to decide the case and may request that either or both parties provide such additional information as it deems appropriate. The Review Committee has no power of subpoena. Attendance at the hearing and the submission of materials are voluntary. Normally the hearing will be closed, but the Review Committee and both parties may decide that it should be open to the public.
C. The hearing is not a court of law and should not be expected to follow the rules and procedures of a court. However, the course of the hearing should exhibit every effort to ensure a thorough, fair, open, and impartial review.
D. At the Review Committee's discretion, during the course of the hearing the grievant may be invited to amplify the statement of complaint; the other party may be asked to speak in defense; both parties may call witnesses; the Review Committee may question both parties and all witnesses.
E. The parties to the grievance may invite an advisor from the Wichita State University community to be present and give counsel.
F. No transcript of the hearing will be kept, but each committee member may keep notes to assist in preparing a report describing the proceedings, conclusions, and recommendations of the Review Committee. A committee member's notes will be confidential and the work product of the committee member.
G. When the Review Committee is satisfied that all reasonably available pertinent information has been presented, the Convener shall declare the hearing closed.
H. The Review Committee shall deliberate in private in order to review the information presented and arrive at its recommendations.
I. The Review Committee must submit a written report of proceedings, conclusions, and recommendations no later than ten class days after the close of the hearing. The Convener will send the report to the parties of the dispute, the dean, and the appropriate vice president. NOTE: The report should (1) restate the charges, (2) present the facts, (3) indicate whether a wrong occurred, (4) recommend what should be done.
J. The Review Committee will make its recommendations to the vice president, who will decide to accept, reject, or modify those recommendations. The existence of the grievance procedure assumes that the faculty recommendations will generally be accepted and will be rejected or modified only for compelling reasons.
K. Either party has the right to make a final statement in writing to be sent to the vice president receiving the committee's report. The statement must be submitted no later than five class days after receipt of the Review Committee's recommendations.
L. The vice president will act on the matter within ten class days after the deadline of receipt of final statements mentioned in K. Notice of final action shall be sent to the Convener. The Convener will notify both parties, the dean, and the Review Committee of the action taken by the vice president.
M. The written material presented by both parties to the Review Committee and the Review Committee's final report (Sec I. above) will be kept on file by the Provost and Vice President for Academic Affairs and Research for three years. This material will be held in confidence as personnel related material.
IX. Appeal Procedures
A. Either party to the grievance may appeal the decision of the vice president.
B. Within ten class days from the date of the receipt of the vice president's decision, a letter requesting an appeal must be sent to the President, with a copy to the Review Committee Convener, who will assure that the dean, the vice president, Review Committee members, and the other party to the grievance are informed.
C. The letter requesting the appeal must state the basis for seeking the appeal. An appeal must be based on one or more of the following reasons:
E. The President shall review the original materials, any statements sent by the parties to the vice president or the President regarding the grievance, and the vice president's final action.
F. The President shall notify the vice president, both parties to
the dispute, and the Convener of the Review Committee of his or her
final action within ten class days of receipt of material.
5.4 / University Policy
Prohibiting Sexual Harassment
WSU Policies and Procedures --
http://webs.wichita.edu/inaudit/ch3_06.htm
I.
INTRODUCTION
It is the policy of Wichita State University to prohibit
discrimination against individuals or groups of individuals based on
race, sex, religion, national origin, age or disability in all aspects
of University life. To prevent discrimination, the University has
adopted a variety of policy statements to educate and advise University
constituencies. In addition, the University has adopted a comprehensive
Affirmative Action Plan which outlines procedures that are aimed at
eliminating discrimination.
In addition to being illegal, sexual harassment runs counter to the objectives of this University. When people, whether student, faculty, unclassified professional or classified staff feel coerced, threatened, intimidated, or otherwise pressured by others into granting sexual favors, their academic and work performance is likely to suffer. In addition, such actions violate not only the dignity of the individual, but also the integrity of the University as an institution for learning. Academic freedom flourishes when all are free to pursue ideas in a non-threatening, non-coercive atmosphere of mutual respect. Sexual harassment is thus harmful not only to persons involved, but also to the entire University community.
With the adoption of this policy on sexual harassment, Wichita State University reaffirms its commitment to maintaining an environment free of intimidation, fear, reprisal and coercion---one in which students, faculty, unclassified professionals and classified staff can develop intellectually, professionally, personally and socially.
II.
RESPONSIBILITIES
All members of the University community are responsible for
promoting a positive working and learning environment where all persons
are free to discuss any problems or questions they may have concerning
sexual harassment at the University, without fear of intimidation or
retaliation. To that end, the University administration shall widely
disseminate this policy and procedures prohibiting sexual harassment so
that all members of the University community are fully informed of their
rights and responsibilities.
A. University officials are committed to contributing to a positive learning and working environment by acting in a manner which is fair, by attempting to resolve complaints, and by educating members of the University community to eliminate prohibited activities and any acts of retaliation.B. It is the obligation of administrators and supervisors who become aware of sexual harassment in their area of responsibility to take steps to prevent its continuation. Failure to do so is a violation of this policy.
C Persons experiencing unwelcome, harmful, or offensive behavior are encouraged to communicate directly with the person whose behavior is perceived or experienced as sexually harassing. Communicating directly that such behavior is unwelcome, harmful or offensive will often result in the resolution of the complaint prior to resorting to the University’s stated informal and/or formal complaint procedures.
D This policy is not intended and will not be implemented in such a way as to censor or punish students, faculty, or staff members for exercise of their First Amendment right to express their individual ideas and viewpoints on any topic. This policy is also not intended and will not be implemented in a way that infringes on academic freedom.
E University employees are cautioned against entering romantic and/or sexual relationships with any individual where a professional power differential exists even if that relationship is a consensual one. The potential for harassment claims arising out of such relationships makes them unwise. Examples of professional power differentials include romantic and/or sexual relationships between a faculty member and a student over whom the faculty member has a supervisory role, a classified supervisor and a employee who reports to the supervisor, or an unclassified professional supervisor and a student assistant/employee who reports to the supervisor. When a charge of sexual harassment is made, in this context, it may be difficult to show immunity on the grounds that the relationship was consensual.
F Claims of sexual harassment that are frivolous, vindictive and without support or merit may constitute a form of sexual harassment.
III.
DEFINITION
Sexual harassment involves behaviors which interfere with an
individual’s work or learning environment through unwelcome sexual
advances, requests for sexual favors, or other verbal or physical
conduct which unreasonably interferes with an individual’s work
performance or educational experience, or creates an intimidating,
hostile or offensive working or learning environment. To the extent that
individuals are protected from a "hostile environment," it must be
understood that the University cannot protect its constituents from
verbal conduct which is upsetting, rude, or uncivil. A hostile
environment complaint under this policy requires that a reasonable
person in the complainant’s circumstances experiences conduct which is
severe and/or pervasive enough that the conditions of such persons’ work
or educational environment are altered.
In determining whether alleged conduct constitutes sexual harassment, it is necessary to look at the entire context and pattern of behavior. The clearest example of sexual harassment is an attempt to coerce an unwilling person into a sexual relationship by using an employment or educational relationship. However, any behavior, whether verbal or physical, constitutes sexual harassment if:
IV.
PROCEDURES
The procedures for dealing with sexual harassment issues and
complaints are essentially similar for all persons at Wichita State
University. The levels or types of procedures, namely Counsel and
Advice, Informal Procedure and Formal Procedure, are consistent across
all employment categories. An intent of this policy is to have the
procedures of this policy compatible with existing related policies such
as grievance procedures. Therefore, some differences in procedures exist
among the major employment categories of classified, faculty, and
unclassified professional. For students, existing established procedures
are also recognized and utilized in this policy. The Counsel and Advice
procedures are exactly the same for all categories. The informal and
formal procedures for classified staff, unclassified professionals and
students are presented with a combined set of procedures. The faculty
procedures, while essentially parallel, are presented separately.
A. COUNSEL AND ADVICE
1 Regardless of an individual’s personal responsibility to deal with grievances directly and informally, this is not always practical in cases of perceived sexual harassment. The person may fear retaliation from the perceived harasser. Further, the perceived harassment may be of such a nature that engaging in such conduct violates not only reasonable standards of personal conduct, but the standards of professional conduct that the University expects and requires its professional employees to observe.2 Individuals may, therefore, seek counsel and advice from various campus offices, such as the Counseling Center, or from trusted individuals in order to clarify in their own mind the situation they find themselves in, or to explore various means available for redressing their grievance.
3 When seeking counsel and advice, persons should keep in mind that:
Managerial employees of the University, such as department chairs, office supervisors, deans, etc., may be required by law or University policy on the prudent exercise of supervisory responsibilities to report even informal complaints of sexual harassment that come to them. Managerial employees who are required by virtue of their position to report sexual harassment complaints to higher University authorities should so inform potential complainants and advise them where they can go for unofficial discussions if that is what the potential complainant is seeking. Persons who want to pursue unofficial discussions should visit the Counseling Center, or speak to others in the University who do not have supervisory responsibilities. Potential complainants should keep it in mind that neither the Affirmative Action Officer nor other University officers are permitted to be advocates for complainants in developing or pursuing a complaint. While these officers are obligated to enforce and implement University policy, they must seek to assure fairness to both parties and to protect the University’s interests. The University’s interest is in the fair treatment of all those involved in the process, while complying with its legal obligations as an employer. B. FACULTY PROCEDURES
1. PERSONAL RESPONSIBILITY
a. In general, people should assume responsibility for dealing with the conflicts, misunderstanding, and grievances that arise from their interactions with other people in everyday life. This applies to perceived instances of sexual harassment and to other matters. It is always appropriate to inform a perceived harasser that his/her conduct is objectionable and to seek a mutual accommodation.
b. No one shall abridge a faculty member’s right to be accompanied to a meeting or discussion by a colleague of his/her choice. Other than as provided for below, all parties are obligated to protect the confidentiality of the proceedings.
2. INFORMAL PROCEDURE FOR FACULTY
a. When any member of the University community or applicant for employment or admission believes, in good faith, that he or she may have been sexually harassed by a faculty member, they may bring a complaint to any appropriate member of the University community, including any academic or administrative officer such as a dean, supervisor, the representative of the Office of Student Affairs, or department chair. Unless the complainant chooses to withdraw the complaint at the time of initial contact, the person contacted will refer the complaint either to the department chair of the faculty member accused in the complaint, or to the Affirmative Action Officer, as the complainant prefers.
b. Persons wishing to make complaints should take note that timely reporting of a complaint will greatly facilitate any subsequent investigation.
c. The chair or Affirmative Action Officer will interview the complainant and the accused faculty member, and seek to resolve the issues between them in a manner consistent with University policies and satisfactory to both parties.
d. If a satisfactory resolution is achieved, a factual report of the complaint, the accused faculty member’s response to it, and the basis of the complaint’s resolution, will be prepared by the chair or Affirmative Action Officer and signed by both parties. The signature of the parties will signify that they accept the resolution of the complaint as stated in the report and that they agree to abide by its terms.
e. Each party will receive a copy of the report. In addition, the report will be placed in the personnel or student files of both parties and will remain confidential under all circumstances within the University’s control. In the absence of similar complaints in the five years following the date of the report, both copies of the report retained by the University will be destroyed.
f. The fact that, within the stated time periods, a faculty member agreed to adverse findings in a complaint of sexual harassment may be used as evidence of a pattern of misconduct in a subsequent inquiry. However, a faculty member shall not be held accountable twice for the same misconduct if he/she had abided by the terms that resolved a previous complaint. Evidence of a pattern of misconduct may be used to justify more severe sanctions or penalties in a subsequent complaint. No claims of a pattern of misconduct will be allowed that are not substantiated by written reports signed by the faculty member, or by the findings of a formal hearing, or by direct testimony.
g. In the case of a student complaint against a faculty member where the faculty member makes counter allegations against the student, and where the inquiry by the department chair or Affirmative Action Officer finds merit in the faculty member’s counter allegations, the allegation against the student will be referred to the Office of Student Affairs for disposition. In the case of a classified or unclassified professional employee’s complaint against a faculty member where the faculty member makes counter allegations against the employee, and where the department chair or Affirmative Action Officer finds merit in the faculty member’s counter allegations, the allegations against the employee will be referred to the Office of Human Resources for disposition.
h. The parties to the complaint may invite an advisor from the Wichita State University community to be present and give counsel.
3. FORMAL PROCEDURES FOR FACULTY
a. In the event that informal procedures fail to resolve a complaint, either party may request a formal hearing.
b. When a case is appealed to a formal hearing because one or both parties is unwilling to accept the findings of the informal procedure, the case will be heard by a panel convened under the procedures of the Faculty Grievance process. At the complainant’s request, or if the dean of the college/school/University Libraries so determines, the complaint will be presented and argued at the hearing by the department chair, the Affirmative Action Officer, or another designated administrative officer. The complainant must appear as a party to the case, and must give testimony. Failure to do this will result in dismissal of the case. Both complainant and accused may be assisted during the hearing by a member of the University community of their own choosing.
c. As provided for in the Grievance Procedure, the Findings of the hearing panel will be reviewed by the Provost and Vice President for Academic Affairs and Research and the President of the University. The Presidents’s decision will be final in all matters. Although the President has final legal authority from the Board of Regents in personnel matters, the interest of the University in faculty self-governance and the principle of peer evaluation suggest that the recommendations of internal hearing panels will generally be accepted. In cases where the recommendations of an internal panel are not accepted, the President will discuss the basis for his/her decision with the internal hearing panel as well as the direct participants in the grievance process. If additional or new information or evidence is brought to the attention of the Provost and Vice President for Academic Affairs and Research or the President of the University during their respective reviews, the internal hearing panel should be reconvened to hear said additional or new information or evidence to consider whether revisions of its original findings and recommendations are justified.
d. Neither findings of fact, assessments of responsibility, nor sanctions or penalties recommended or imposed after a formal hearing require the approval or agreement of either party involved in the complaint.
e. The final report of the hearing panel, and a record of the final decision by the President regarding the complaint will be provided to each party and placed in the personnel or students files of both parties.
f. The University will protect the confidentiality of the report under all circumstances within its control, except that it may report the filing and resolution of a complaint, and imposition of sanctions or penalties without identifying the parties or their departmental or college/school/University Libraries affiliations. In the absence of similar complaints in the next five years, both copies of the report retained by the University will be destroyed. While the full report may be destroyed, a record of the fact that sanctions or penalties were imposed and agreed to will be retained permanently in the personnel record and may be reported to potential employers.
g. All complaints of sexual harassment will be initially reviewed according to the procedures in this policy. In some cases, however, a formal hearing panel may recommend, or the administration may determine, that a faculty member found guilty of sexual harassment should be dismissed for cause due to the nature of his/her offense. In that case, the Provost and Vice President for Academic Affairs and Research will refer the case to the Dismissal for Cause procedure. The issue in those proceedings shall be whether the offense of which the faculty member has been found guilty warrants dismissal, or whether a lesser sanction is appropriate. The dismissal proceedings may consider alleged mitigating circumstances, but shall not retry the question of guilt. If the dismissal case is rejected, the original hearing panel in the harassment case will, if necessary, recommend a lesser sanction, and the disposition of the case will proceed as provided for in this policy.
C. PROCEDURES FOR CLASSIFIED AND UNCLASSIFIED PROFESSIONALS
1. INFORMAL PROCEDURES
a. Any member of the University community or applicant for employment or admission who, in good faith, believes that he or she may be experiencing sexual harassment may bring such a complaint to any appropriate member of the University community, including any academic or administrative office of the University. For example, any dean, director, supervisor, department chair, or advisor may serve as the initial contact for an informal complaint. Successful resolution efforts will be greatly facilitated by the timely reporting of complaints. The more time that elapses, the more difficult it will be to ascertain the truth of the matter and pick appropriate remedial action.b. Upon receipt of a possible sexual harassment complaint, the University officer, administrator or other person shall promptly notify the Affirmative Action Officer of the existence of the complaint. The Affirmative Action Officer shall maintain a record of the informal complaint as well as the result of the informal procedures.
c. The responsible University official to whom the complaint was brought or the Affirmative Action Officer shall function as a mediator to attempt to resolve informally the complaint of sexual harassment. To this end, the mediator’s responsibilities are:
• Listen to the complaint, and assist the complainant in clarifying his/her experiences and feelings.• Advise complainant on his/her options, both informal and formal.
• At the request of complainant, talk to the person against whom the complaint is brought in an attempt to work out a satisfactory solution and convey to the complainant the results of that discussion.
• If the complainant is pleased with the outcome of the mediation process, the matter ends there.
2. FORMAL PROCEDURE FOR CLASSIFIED AND UNCLASSIFIED PROFESSIONALS AND STUDENTS
Procedures for resolution of formal complaints should be thorough yet expeditious. Should a formal review be deemed necessary, both the complainant and the person against whom the complaint is brought (the respondent) will be informed of the content of the complaint and will have a full opportunity to be heard. All parties will be able to obtain information about the progress of the review. The time period required for the review may vary from case to case, but all parties will be informed if an extended delay is anticipated. Normally the review period will be completed within sixty days. The Affirmative Action Office representative and the responsible administrator must remain impartial during the administrative process and work in concert to ensure that all involved be treated fairly.A. PROCEDURES:
1. Report the complaint to the University administrator responsible for the department or other unit in which the harassment is believed to have occurred (henceforth referred to as the responsible administrator), unless that person is already personally involved or is already aware of the behavior that is the subject of the complaint. In some cases there may be more than one responsible administrator. For students with complaints of harassment by other students, the designated administrators in the Division of Student Affairs are identified as the responsible administrator. The complaint may also be initiated directly with the University Affirmative Action Officer.
2. Complaints filed later than 180 days from the most recent occurrence normally will not be considered due to the fact that with the passage of time it becomes more difficult to investigate a complaint. However, a complainant who files after 180 days will have the opportunity to argue that special circumstances exist and request that the complaint be submitted for investigation, or mediation or administrative action in light of special circumstances.
3. If a complaint is made to the responsible administrator, that individual will confer with the appropriate Affirmative Action Office representative concerning the resolution of the complaint. Likewise, should the complaint be made to an Affirmative Action Officer, the Officer will confer with the responsible administrator. If the substance of the complaint warrants further review, both administrators, acting together, will review the complaint. If a complaint is made to the Division of Student Affairs, a staff member will contact the Affirmative Action Officer.
4. The Affirmative Action Officer and the responsible administrator will conduct an interview with the complainant to acquire a thorough understanding of the complaint. A written statement of the complaint will be developed by the complainant. The responsible administrator and the Affirmative Action Officer will offer assistance to the complainant in the development of this written statement.
5. The Affirmative Action Officer and the responsible administrator, after consultation as necessary, will determine whether the complaint, as reported, alleges sexual harassment in violation of Wichita State University Policy Prohibiting Sexual Harassment. The conclusion(s) reached will be communicated to the complainant. The responsible administrator will communicate the conclusion(s) to the respondent of the complaint.
6. If it is concluded that further inquiry is warranted, a meeting will be scheduled with the Affirmative Action Officer, the responsible administrator, the respondent, and a fourth person if the respondent chooses to bring one person for personal support. At that meeting the respondent will receive both a verbal explanation and the written statement of the complaint. The respondent will have access to relevant information pertaining to the complaint and will be given the opportunity to respond, but is under no obligation to respond immediately. The respondent also will be cautioned against retaliation and to maintain confidentiality. Future meetings may be scheduled to allow the respondent the opportunity to reflect and respond to the complaint.
7. If the respondent chooses to make a written response to the complaint, the responsible administrator and the Affirmative Action Officer will offer assistance to the respondent, if needed, in the development of the written response.
8. With or without a response from the respondent, the Affirmative Action Officer and the responsible administrator may interview other persons who have specific knowledge about the alleged incidents(s). Persons interviewed will be informed 1) that the fact that an investigation is underway should not lead to any assumed conclusion and 2) to maintain confidentiality.9. A determination will be made, after completion of all interviews, as to whether a violation of the Policy Prohibiting Sexual Harassment has occurred.
10. If it determined that sexual harassment has not occurred, both the complainant and the respondent will receive letters stating the steps that have been taken in the review process and the determination from the administrators involved in the review.
11. If it is determined that harassment has occurred, the following measures will be taken.
- Both the complainant and the respondent will receive letters from the administrators involved in the review outlining the steps taken in the review process, the determination made and the sanctions to be imposed.
- Sanctions will be devised in accord with the seriousness of the behavior. Sanctions may range from admonishment to, in extreme cases, a recommendation for dismissal.
- Steps will be taken to prevent further acts of harassment.
- Steps will be taken to prevent acts of retaliation for bringing the complaint.
- If a remedy exists and is within the ability of the University community to provide, then a recommendation to that effect may be made.
V.
CONFIDENTIALITY
It is the obligation of administrators and supervisors to whom a
complaint of sexual harassment is brought to maintain confidentiality.
This will not preclude investigation, allowing respondents to reply to a
complaint or provision of a remedy to persons injured by acts of
harassment where that is practical.
VI. APPEAL BEYOND THE ADMINISTRATIVE PROCEDURES
A. Complainants who believe that a satisfactory resolution of their complaint of sexual harassment has not been reached by the administrative process described above may take their complaint, within 90 days, to the appropriate Grievance Review Committee. Unresolved complaints of sexual harassment by students against other students may also be heard by the appropriate student judicial council.
B. Any employee of Wichita State University aggrieved by sanctions imposed in relation to an alleged act of sexual harassment may appeal through the appropriate grievance procedure.
VII.
TRAINING
The Affirmative Action Officer of Wichita State University is
responsible for providing training to all University employees
concerning sexual harassment issues and procedures. The training program
should be designed to: 1) sensitize employees to the rights and
responsibilities of all concerned parties; 2) provide supervisors and
administrators with current information on applicable laws, rules,
regulations and procedures; and 3) demonstrate appropriate techniques
for the careful investigation and mediation of sexual harassment
allegations.
VIII.
DISSEMINATION
The University administration shall make every reasonable effort to
inform all members of the University community regarding the proper
procedures and persons available for the handling of sexual harassment
complaints. In particular, this information should be communicated to
all new students and employees as an integral part of their orientation
experience
Adopted by the Faculty
Senate8/26/98 --- Signed by the President 10/96
Rev. 8-4-00
5.41 / Sexual Assault --
WSU Policies & Procedures ---http://webs.wichita.edu/inaudit/ch3_07.htm
The purpose of this document is to describe basic information about University policies and programs related to sex offenses. Federal law mandates that this information be made available to all faculty, staff and students at Wichita State University.
Educational Programs:
Educational programs regarding sex offenses are offered by the
following:
Procedures to Follow After a Sex Offense:
If a sex offense occurs, the victim is strongly encouraged to report the
information to the WSU Police Department and to seek medical attention.
It is important that evidence be preserved for the investigation of the
incident. That means that clothes should not be discarded, and the
victim should not shower or bathe in other ways. The victim can report
the incident to the Office of Human Resources if he or she does not wish
to report it to the police. If the victim has bathed after the
incident, a report should be filed.
Services for Victims:
Services are available on campus to assist the victims of sexual assault
on an immediate and ongoing basis. Medical follow-up is provided by the
student health services. Counseling support is available through the
Counseling and Testing Center, the Women's Resource Center, the Office
of Student Life and Services and the Wichita Sexual Assault Center.
Other assistance is available from any staff member of the Office of
Human Resources.
Implementation:
This policy shall be included in the WSU Policies and Procedures
Manual and shared with appropriate constituencies of the University.
The Director of Human Resources and the Vice President and General Counsel shall have primary responsibilty for publication, dissemination and implementation of this University policy.
Revision Date:
November 13, 2006
5.5 / Professional Development
WSU Policies and
Procedures --
http://webs.wichita.edu/inaudit/ch5_07.htm
Professional development and continuing professional education are essential elements in an institution's quest for academic quality. At Wichita State University, the primary responsibility for professional development rests with the individual. Increasing effectiveness in teaching, research, and service is expected of each member of the faculty.
In an era of limited resources, however, the institution is developing a variety of opportunities for faculty to obtain the resources needed for professional growth. Within the limits of its capabilities, the University provides some funds for travel to professional meetings. Each fall and spring, the University research committee awards small grants to faculty who need some support to initiate or complete a research project.
Various offices throughout the institution offer programs directed at the improvement of instruction such as the University College/School advising offices and the Testing Center within the Counseling Center. The Counseling Center staff is available to faculty and staff who wish to discuss personal and professional issues. Each year, a number of seminars and dialogue groups are provided in which professional and instructional issues are discussed. The Provost and Vice President for Academic Affairs and Research' office can also arrange part-time administrative internships for faculty seeking new perspectives on the institution.
Finally, faculty are advised to take advantage of the many seminars, workshops, and presentations provided often on an informal and ad hoc basis by a number of academic units and interest groups.
5.51 /
Faculty Awards
Wichita State
University through the WSU Board of Trustees has three university-wide
awards. The first is for excellence in teaching, the second is for the
advancement in teaching, and the third is awarded to a scholar new to
WSU. The recipients of the awards are announced at commencement.
5.6 / Faculty Right to Academic Freedom
WSU Policies and
Procedures --
http://webs.wichita.edu/inaudit/ch5_08.htm
The University's position on academic freedom includes the following:
The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of the teacher's academic duties. The faculty member is entitled to freedom in the classroom in discussing the subject, but the faculty member should be careful not to introduce controversial matter which has no relation to the subject.
The faculty member is a citizen, a member of a learned profession, and an officer of an educational institution. When the faculty member speaks or writes as a citizen, the faculty member should be free from institutional censorship or discipline, but the faculty member's special position in the community imposes special obligations. As a person of learning and an educational officer, the faculty member should remember that the public may judge the profession and the institution by the faculty member's utterances. Hence, the faculty member 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 the faculty member is not an institutional spokesperson.
5.61 / Rights & Responsibilities of
Academic Professionals and Collegiality
WSU Policies and Procedures --
http://webs.wichita.edu/inaudit/ch5_08.htm
Faculty members are at
one and the same time employees of the University, members of learned
professions, and members of the Faculty of the Wichita State University.
Each of these roles carries with it various rights, responsibilities,
and privileges. Together, these rights, responsibilities, and privileges
define the profession of the university professor as teacher, scholar,
and public servant.
As employees of the University, faculty members are subject to policies adopted by the University; policies, procedures, and regulations adopted by the Kansas Board of Regents; and various laws and regulations established by the State of Kansas governing the conduct of its employees.
As members of learned professions, faculty members share with colleagues throughout the nation and the world, including members of the university administration, responsibility for the discovery, dissemination, and preservation of knowledge in their chosen fields. They also enjoy the rights and privileges necessary to the work of scholars and teachers, many of which have been explicitly recognized and sanctioned by the Kansas Board of Regents in its enactments. These include academic freedom, as defined in the American Association of University Professors 1940 Statement of Principles, and its various interpretative statements.
As members of the Faculty of the Wichita State University, faculty members have specific rights and responsibilities with respect to the academic rules, regulations, and programs of the University, University governance, and Faculty governance. These rights and responsibilities are outlined and summarized in this Handbook. These specific provisions reflect standards and expectations recognized by the academic professions throughout the United States.
The principles that govern the resolution of disputes at the Wichita State University are those of collegiality and consultation. Preferably, the consultation is among the parties directly involved in the dispute, and results in a decision which all parties accept. When this fails, for whatever reason, the parties involved may wish to bring in other members of the university community, either informally, by invitation, or formally, by invoking specific rights of appeal provided for in this Handbook.
Collegial relationships among faculty members, and between faculty members and administrative officers of the University, are based on a mutual recognition of, and respect for, the various roles that faculty members and administrators play, and the rights, responsibilities and privileges involved in these roles. For example, faculty members should respect the lawful authority of administrative officers of the University, who exercise supervisory responsibility for the University, on behalf of the Kansas Board of Regents and the State of Kansas. At the same time, administrative officers should respect the scholarly, creative, and professional rights of faculty members, based on their status as members of the learned professions.
When disputes arise over the proper interpretation of faculty rights, responsibilities, and privileges, the expectation is that these disputes will be resolved after consultation between the parties involved, and generally within the framework of established lines of authority. Normally, disputes are resolved in consultation with the chair of the department; failing that, in consultation with the dean of the college/school/University Libraries; failing that, in consultation with the Provost and Vice President for Academic Affairs and Research; and failing that, in consultation with the President of the University. Extraordinary circumstances will dictate appropriate modifications consistent with these expectations.
When disputes cannot be resolved through such informal consultation, this Handbook provides other means of resolving various disputes. These include (but are not limited to): appeal of tenure and promotion recommendations to college/school/University Libraries or university level committees, or to the President; appeals of curricular and academic policy questions to the faculty of a college/school/University Libraries, or to the University Faculty; placing an issue before the Faculty Senate; employing the Faculty Grievance Procedure. In each of these cases, the matter in dispute is placed before colleagues and peers for their consideration, judgment, and recommendation. There are few, if any, matters for which the University does not provide some formal means of appeal for review or reconsideration of a decision affecting a faculty member.
5.62 / Faculty Ethics Statement
WSU Policies and Procedures --
http://webs.wichita.edu/inaudit/ch5_08.htm
The Faculty Senate
adopted the following statement on faculty ethics on November 8, 1982:
I. Faculty members, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end they devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although they may follow subsidiary interests, these interests must never seriously hamper or compromise a faculty member's freedom of inquiry.
II. As teachers, faculty members encourage the free pursuit of learning in their students. They hold before the student the best scholarly standards of their discipline. They demonstrate respect for the student as an individual and adhere to their proper roles as intellectual guides and counselors. They make every reasonable effort to foster honest academic conduct and to assure that they evaluate students according to their true merits. They respect the confidential nature of the relationship between teacher and student. They avoid any exploitation of students for private advantage and acknowledge significant assistance from them. They protect the student's academic freedom.
III. As colleagues, faculty members have obligations that derive from common membership in the community of scholars. They respect and defend the free inquiry of their associates. In the exchange of criticism and ideas they show due respect for the opinions of others. They acknowledge their academic debts and strive to be objective in their professional judgment of colleagues. They accept their share of faculty responsibilities for the governance of their institution.
IV. As members of their institution, faculty members seek above all to be effective teachers and scholars. Although they observe the stated regulations of the institution, provided these do not contravene academic freedom, they maintain their rights to criticize and seek revision of them. Faculty members determine the amount and character of the work they do outside their institution with due regard to their paramount responsibilities within it. When considering interruption or termination of their service, they recognize the effect of their decision upon the program of the institution and give due notice of their intention.
V. As members of their community, faculty members have the rights and obligations of any citizen. They measure the urgency of these obligations in the light of their responsibilities to their subject, their students, their profession, and their institution. When faculty members speak or act as private persons, they avoid creating the impression that they speak or act for their college/school/university Libraries or university. As citizens engaged in a profession that depends upon freedom for its health and integrity, faculty members have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.
5.63 / Resolution on Academic Freedom
and Campus Disruption
The following
resolution on academic freedom and campus disruption was adopted by the
Board of Regents on June 19, 1970:
WHEREAS, the Members of the State Board of Regents recognize that academic freedom is a necessary adjunct of higher education in the State of Kansas, and,
WHEREAS, academic freedom includes not only the right of dissent, but also the freedom to pursue academic aims by all segments of our colleges and universities, and,
WHEREAS, small numbers of the student bodies and/or employees of Kansas state colleges and universities are pursuing activities deliberately designed to, and which do, disrupt regularly scheduled activities of said institutions, and,
WHEREAS, disciplinary boards organized to provide student and faculty review of disruptive actions are, at times, harassed and delayed in conducting said reviews, and,
WHEREAS, the interest of citizens and taxpayers of the State and of the majority of students and faculty is detrimentally affected.
NOW, THEREFORE, BE IT RESOLVED, by the State Board of Regents that the chief administrative officer of each of the state universities and colleges be hereby directed to immediately suspend any employee, faculty member or student of said institution where said student, faculty member or employee is engaging in activities deliberately designed to, and which do, disrupt the normal and ordinary process of education and training offered by said institutions, said suspension to remain in effect pending such procedural steps as may be required under the rules and regulations of the state institutions and the laws of the State of Kansas. The heads of the state institutions shall take such action as is necessary to stop such activities.
BE IT FURTHER RESOLVED, that this action not be considered as limiting any authority of said chief administrative officers in the performance of their duties.
5.711 / Statement
of Resignation
Mobility of faculty members among college/school/University
Libraries and universities is
rightly recognized as desirable in American higher education.
Yet the departure of a faculty member always requires changes
within her institution and may entail major adjustments on the
part of affected colleagues, the administration, and students.
Ordinarily a temporary or permanent successor must be found and
appointed to either his position or the position of a colleague
who is promoted to replace him/her.
The standards set forth below are recommended to administrators and faculties, in the belief that they are sound and should be generally followed. They are predicated on the assumption that proper provision has been made by employing institutions for timely notice to probationary faculty members and those on term appointments, with respect to their subsequent status. In addition to observing applicable requirements for notice of termination to probationary faculty members, institutions should make provision for notice to all faculty members, not later than March 15 of each year, of their status the following fall, including rank and (unless unavoidable budget procedures beyond the institution forbid) prospective salary.
1. Negotiations looking to the possible appointment for the following fall of persons who are already faculty members of other institutions, in active service or on leave-of-absence and not on terminal appointment, should be begun and completed as early as possible in the academic year. It is desirable that, when feasible, the faculty member who has been approached with regard to another position inform the appropriate officers of this institution when such negotiations are in progress. The conclusion of a binding agreement for the faculty member to accept an appointment elsewhere should always be followed by prompt notice to his institution.
2. A faculty member should not resign in order to accept other employment as of the end of the academic year, later than May 15, or 30 days after receiving notification of the terms of her continued employment the following year, whichever date occurs later. It is recognized, however, that this obligation will be in effect only if institutions generally observe the time factor set forth in the following paragraph for new offers. It is also recognized that emergencies will occur. In such an emergency the faculty member may ask the appropriate officials of her institution to waive this requirement; but he should conform to their decisions.
3. To permit a faculty member to give due consideration and timely notice to her institution in the circumstances defined in paragraph 1 of these standards, an offer of appointment for the following fall at another institution should not be made after May 1.
4. Institutions deprived of the services of faculty members too late in the academic year to permit their replacement by securing the members of other faculties in conformity to these standards, and institutions otherwise prevented from taking timely action to recruit from other faculties, should accept the necessity of making temporary arrangements or obtaining personnel from other sources, including new entrants to the academic profession and faculty personnel who have retired.
5. Except by agreement with his institution, a faculty member should not leave or be solicited to leave a position during an academic year for which he holds an appointment.
5.712
/ Resignation Procedures
revised and accepted by President 2-09
Final Departure: rev.2-20-06
Prior to final departure from campus, faculty members are expected to make arrangements for determining the final grades of their students and to follow the procedures described in the following:
1. Faculty members must submit an appropriate written advisory of their departure to their budget officers. Resignations should be submitted by May 1 or within 30 days after appointment notices are mailed.
2. The budget officer fills out a Change of Status Form and forwards the form to the budget review officer. (No position may be advertised until this form is completed and Affirmative Action procedures have been followed.)
3. When the Change of Status form is received in Academic Affairs, Academic Affairs will notify the faculty member of the applicable procedures, will notify the appropriate units of the change of status, and will make certain the faculty member receives a termination checklist for discussion with the faculty member's chair.
4. The faculty member should schedule an exit interview with Academic Affairs.
5.72
/ Retirement rev.
8-15-08
WSU
Policies & Procedures:
http://webs.wichita.edu/inaudit/ch5_01.htm
In lieu of participating in the Regents plan, eligible
faculty, having accrued retirement benefits under the Kansas
Public Employees Retirement System (KPERS), may elect to
continue in KPERS. Conversely, participants in the Regents
plan, transferred or reclassified to a position that qualifies
for participation in KPERS, may elect to continue participating
in the Regents plan. Only one such election may be made by an
employee.
A new employee shall begin participation in the Regents plan
upon employment, if at the time of employment the employee is
eligible for immediate participation pursuant to K.S.A. 74-4925
as amended.
Contributions to the plan will be made on a regular basis during years of participation, except for periods in which no salary is paid. The employer presently contributes 8.5 percent of the employee's salary and the employee is required to contribute 5.5 percent of salary for the retirement plan. A separate voluntary tax-deferred program also is available to eligible employees in several alternate investment options through several alternate investment providers authorized by the Board of Regents.
Questions related to retirement plan provisions and options should be addressed to the Employee Benefits Officer in the Office of Human Resources
5.73 /
Resignation/Retirement/Termination Procedures
Prior to
final departure from campus, terminating faculty members are
expected to make arrangements for determining the final grades
of their students and to follow the
"Resignation/Retirement/Termination Procedures" described in the
following:
1. Faculty Members or Unclassified Professionals must submit a written notice of resignation to their budget officers. Resignations should be submitted by May 1 or within thirty days after appointment notices are mailed.
2. The Budget Officer fills out a Change of Status Form (Form OHR 121 obtainable from Faculty Records) and forwards the form to the Budget Review Officer. (No position may be advertised until this form is completed and Affirmative Action procedures have been followed.)
3. When the Change of Status form is received in Academic Affairs, Academic Affairs (1) will notify the faculty member or unclassified professional of the Resignation/Retirement/Termination Procedures, (2) will notify the appropriate units of the change of status, and (3) will have the Controller's Office complete form A1 and return it to Academic Affairs.
4. The Faculty Member or Unclassified Professional should schedule an exit interview with Academic Affairs. At this meeting the faculty member or unclassified professional needs to do the following:
a. Certify that Form A1 is accurate, turn in keys (or follow designated college/school/University Libraries procedure), Corporate American Express Card, and Telephone Card (PIN number).
b. Complete Form A2 for Human Resources. (A separate appointment should be made with Human Resources to discuss benefits, retirement, health care, etc.)
c. Complete Exit Interview Form A3. (Responses will be shared with the College/School/University Libraries Dean and the Department Chair unless the faculty member or unclassified professional requests confidentiality.)
5.81 / Financial
Exigency Background
Recent higher education enrollment trends have made educators
increasingly aware of the need to anticipate possible needs for
budget and staff reductions (known commonly as retrenchment) by
developing orderly procedures for making such reductions. Like
governing boards in many other states, the Kansas Board of
Regents recognized that advance planning for such contingencies
would serve the best interests of everyone in the academic
community; it adopted, on September 21, 1979, the following
definition of financial exigency for the Regents' system:
Definition: Financial exigency is the formal recognition by a Regents' institution that prior reductions in budget or authorized number of positions have required the elimination of nontenured positions and operating expenditures to such a point that further reductions in these categories would seriously distort the academic programs of the institution; hence, further budget or position reductions would require the nonreappointment of tenured members of the faculty or the failure to meet the standards of notice for nonreappointment of faculty. It is not a requirement of financial exigency that all nontenured positions throughout the University be first eliminated.
Procedure: It shall be the responsibility of the chief executive officer of each Regents' institution, in consultation with appropriate campus groups, to develop a plan for reductions in personnel as necessitated by conditions of financial exigency.
In the event that financial conditions at a Regents institution may warrant the declaration of financial exigency, the chief executive officer shall notify the Board of that fact and shall provide a complete statement of the circumstances that may warrant the declaration of financial exigency. The statement shall also include a review of all reasonable alternatives to financial exigency. If the Board and the chief executive officer concur as to the existence of a financial exigency, it shall be the responsibility of the chief executive officer to so declare.
In response to the Regents' action, the faculty of The Wichita State University adopted a document entitled, "Policies and Procedures for the Reduction of Unclassified Staff for Reasons of Financial Exigency" on September 15, 1980.
5.82 / Policies
and Procedures for the Reduction of Unclassified Staff for
Reasons of Financial Exigency
Preface: The document, which
represents ongoing faculty review in the area of financial
exigency, is devised to provide an operational plan if sharply
declining enrollments should lead the University President to
declare a state of financial exigency at WSU. From the beginning
it was agreed that advance study and plans would relieve some of
the personal, departmental, and college/school/University
Libraries conflicts which might be
expected to occur with the sudden declaration of financial
exigency. Effort has been made to consider the welfare of the
University and its programs, as well as the most humane
treatment possible for faculty members who have served it. The
original document was approved by the University Senate on May
4, 1976, after nearly two years of faculty deliberation. The
following procedures are to provide a formal process of
retrenchment proceedings prior to and during a period of
financial exigency.
I. Committee Structure.
The following committees shall be selected each year for
three-year rotating terms and elect their own chairs:
A. College/School/University Libraries Advisory and Appeals
Committees for Retrenchment.
1. Each
college/school/University Libraries shall select a committee
of its faculty according to the same procedures it uses to
select its Tenure and Promotion Committee, or by other similar
procedures adopted by the faculty, except that:
a. Administrators, as defined by the Faculty Senate
Constitution (http://webs.wichita.edu/senate/handbook/FSConstitution-rev-1-05.html)
shall not be members of this committee
b. An affirmative-action representative of the
college/school/University Libraries shall be a non-voting member of the
committee
B. The University Advisory and Appeals Committee for
Retrenchment. The University Retrenchment Committee shall
comprise the chairs of each college/school/University
Libraries
retrenchment committee, the University Affirmative Action
Officer( or representative) as a non-voting member, and a
representative of the Student Government Association.
1. Hereafter, the term "college/school/University
Libraries
committee", shall refer to this committee as well as those
defined in I/A/1.
C. Functions of the College/School/University
Libraries
Committees:.
1. To regularly
review the status of the college/school/University Libraries and its various departments in relation
to those aspects relevant to possible financial exigency.
2. To participate in preventive planning prior to a
declared exigency.
3. To review
college/school/University Libraries and departmental
plans for retrenchment should a declaration of financial
exigency be necessary.
4. To serve as an appeals committee as described in
section IV/K.
D. Functions of the University Committee:
1. To regularly review the status of the University and
its component parts in relation to those aspects relevant to
possible financial exigency.
2. To participate in preventive planning for the
University prior to a declared exigency.
3. To review
University and college/school/University Libraries plans
for retrenchment should a declaration of financial exigency be
necessary.
4. To serve as an appeals committee as described in
section IV/M.
II. Preventive Planning
during a non-crisis period.
A. In that faculty involvement is imperative in a declared
exigency, it follows that preliminary participation is
important. Such involvement will serve the dual purpose of
uniting the forces of faculty and administration in achieving
and maintaining university strength and of minimizing the
corrosive effects of declining enrollments. Systematic planning
should consider the following approaches:
1. Biannual review of the current status and future
projections for the University by the President and/or the
Provost and Vice
President for Academic Affairs and Research with the University
Committee and others as appropriate.
2. The chair of the University Committee shall be
involved regularly in discussions with the university
administration regarding university financial status and
especially at times of budget hearings.
3. Such approaches as the following should be actively
reviewed and instituted by administration whenever feasible:
a. Considerations of policies for early retirement
or semi-retirement status.
b. Consideration of further utilization of shared
positions.
c. Assessment of faculty skills in functional areas
as well as areas of specialization to facilitate possible
reassignment of faculty members.
d. Retraining of faculty for alternative positions.
e. Development of additional curricular offerings to
expand enrollment without jeopardy to existing programs.
f. Any other potential means for avoiding loss of
faculty expertise.
[Note: This section eflects the AAUP document on "The Role of
Faculty in Budgetary and Salary Matters," (1972).
III. Restrictions and
Guidelines on Termination for Reasons of Financial Exigency
A. Prima Facie Restrictions.
Each of the following restrictions expresses a reasonable
expectation about the criteria that will be used to select those
persons to be terminated for reasons of financial exigency; but
it is possible, even likely, that on occasion these restrictions
shall conflict with one another and that on these occasions one
or more of them will have to be violated. All parties
contributing to programs of retrenchment constructed under Part
IV of this document are enjoined to adhere to these restrictions
to the fullest extent possible and to deviate from them only to
the extent required by the best interests of the university. Any
report at any level recommending the termination of any
individual in such a way as to violate any of these restrictions
must be accompanied by a full explanation of the reasons for
such a recommendation.
1. Termination should not be made in any way which would
prevent any unit of the university from performing the tasks
appointed for it.
2. Any terminations in any given unit which are based on
the decreasing demand for the services of that unit should be
based on services over no less than a three year period.
3. Terminations within a given department or unit should
ordinarily be made according to rank (lecturers and graduate
assistants first), followed in order by assistant instructors,
instructors, assistant professors, associate professors,
professors, and within rank according to years of service at the
university at that rank. The appointment of a faculty member
with tenure will not be terminated in favor of retaining in that
department a faculty member without tenure, except in
extraordinary circumstances where a serious distortion of the
academic program would otherwise result.
4. Terminations should be made in such a way as to
maximize compliance with the university's obligations to
affirmative action guidelines.
5. Administrative terminations should be made in the
same proportion as faculty terminations.
B. Mandatory Guidelines on Termination of Staff for Reasons
of Financial Exigency.
1. If the University, because of financial exigency,
terminates appointments, no new state funded positions will be
established except in extraordinary circumstances where a
serious distortion in the academic program would otherwise
result. The appointment of a faculty member with tenure will not
be terminated in favor of retaining within the department a
faculty member without tenure, except in extraordinary
circumstances where a serious distortion of the academic program
would otherwise result. The existence of "extraordinary
circumstances" shall be determined by the University
Retrenchment Committee. The appointment of a faculty member with
tenure will not be terminated in favor of retaining a faculty
member without tenure in another unit of that college/school/University
Libraries, if the
tenured faculty member can establish with the College/School/University
Libraries
Retrenchment Committee that he is at least as qualified for the
position as the untenured faculty member.
2. Except in the utmost emergency, which could not have
been foreseen, the standards of due notice of non-reappointment
stated in the Handbook for Faculty shall not be violated.
3. In all cases of termination of appointment because of
financial exigency, the place of the tenured faculty member
concerned will not be filled by a replacement within a period of
three years, unless the released faculty member has been offered
reinstatement and a reasonable time (not to exceed 60 days) in
which to accept or decline it.
4. Any tenured faculty member chosen for termination on
the grounds that he/she is less competent in performance than
someone who otherwise would have been terminated instead, must
be terminated according to the procedures for dismissal for
cause.
5. If a dean recommends a retrenchment program requiring the
elimination of a department or a degree or certificate program,
it may not be approved either by a College/School/University
Libraries Retrenchment
Committee or by the University Retrenchment Committee unless the
elimination of the program has been approved by the faculty of
the college/school/University Libraries in which the department or program is located.
Approval of the faculty is defined as a majority of the college/school/University
Libraries
faculty casting votes, provided that that number also
constitutes a majority of a quorum of the faculty of that
college/school/University Libraries. (This document states the possibility and conditions of
a retrenchment committee's being overruled by a dean or by the
President. Hence, this wording in no way confers a veto power on
the elimination of departments to the faculty.)
IV. Procedures to be followed
when a State of Financial Exigency has been Declared by the
President of the University.
A. The President shall announce to the deans and the
University Retrenchment Committee that he/she has declared a
state of financial exigency for the University and the proposed
plan for,
1. The number of positions to be eliminated from the
central administrative staff of the university,
2. The number of positions to be eliminated from each
college/school/University Libraries, and
3. The calendar for procedures to determine cutbacks.
B. The University Committee will
1. Review the entire program of retrenchment for the
university to see that it conforms with the restrictions and
guidelines (Part III),
2. Consult with the deans concerning the proposed
retrenchment program and
3. File with the President and the deans any changes it
recommends in the retrenchment program and the committee's
reasons for those changes.
C. After reviewing the university committee recommendations,
the President will send to the deans and the University
Committee a copy of the final university retrenchment program
and reasons for any departures from the University Committee's
recommendations.
D. The dean, after consultation with the
college/school/University Libraries committee, shall announce:
1. The number of positions provisionally to be
eliminated from the administrative staff.
2. The number of faculty positions provisionally to be
eliminated from each department.
E. The chair of each department shall consult with the
tenured faculty of that department, or a representative
committee thereof, according to the procedures used in the
making of recommendations for tenure, and shall then provide the
dean in writing:
1. Any evidence that serious programmatic difficulties
would result from the proposed retrenchment in the department or
other departments or colleges/schools/University libraries.
2. Recommendations of the department concerning the
particular individuals to be terminated, including the reasons
for those recommendations.
F. The dean shall, in consultation with the
college/school/University Libraries retrenchment committee and taking into
account the written arguments from department chairs,
1. Design a program
of retrenchment designating each faculty member to be
terminated, containing explicit reasons for the termination of
any tenured faculty member, or for any deviation from
restrictions in Part III or college/school/University Libraries restrictions and guidelines
2. Inform each department chair of::
a. The particular individuals designated for
termination from that department
b. Any reasons explicitly stated in the
college/school/University Libraries retrenchment program for the selection of
those individuals
c. The number of persons designated for termination
from other departments and from the administrative staff
3. Inform in writing
each person designated for termination of his/her status, of any
reasons explicitly stated in the college/school/University
Libraries retrenchment program for his or
her designation for termination, and of the right to appeal.
4. Present the entire
program of retrenchment, including chair's recommendations, to
the college/school/University Libraries
retrenchment committee.
G. The College/School/University Libraries Retrenchment Committee shall:
1. Maintain confidentiality with respect to the names of
individuals designated for termination to the extent permitted
for the adequate fulfillment of its charge
2. Hear any appeals from tenured or probationary staff
according to the definitions of charges and procedures given in
Part V
3. Report its findings to the dean and to the appellant
H. The dean shall take appropriate actions on the committee
recommendations concerning appeals from IV/B, and report to the
committee any modifications he/she wishes to make. He/she shall
also report these changes to the appropriate chairs and
individuals as in IV F/2-3.
I. The College/School/University Libraries Retrenchment Committee shall:
1. Review the entire program of retrenchment for the
college/school/University Libraries to see that it conforms to college/school/University
Libraries restrictions and
guidelines, if any, and the restrictions and guidelines in Part
III of this document
2. Consult with the dean concerning the proposed
retrenchment program
3. File with the dean any changes he or she recommends
in the retrenchment program and the committee's reasons for
those changes.
J. The dean shall modify the college/school/University
Libraries
retrenchment program as he or she deems appropriate in the light
of the committee recommendations, and shall:
1. Inform the College/School/University Libraries Retrenchment
Committee of the changes he or she has made, and of the reasons
for not accepting any committee recommendations that were
rejected;
2. Inform each department chair of:
a. The particular individuals from that
department designated for termination in the modified
retrenchment program
b. Differences between the dean and the
college/school/University Libraries committee concerning individuals to be
terminated from that department,
c. His or her reasons for rejecting the
recommendations in section J/2/b
3. Inform in writing each individual designated for
termination in the modified retrenchment program of the Dean's
reasons, if the College/School/University Libraries Committee does not concur
in that designation, and of any right to appeal. The procedures
are designated to allow each faculty member only one opportunity
to appeal if that appeal.
K. The College/School/University Libraries Retrenchment Committee will:
1. Hear appeals from any tenured or probationary staff
designated for termination in the modified retrenchment program
of any college/school/University Libraries but not designated for termination in the
original retrenchment program of that
college/school/University Libraries.
2. Report its findings to the appropriate dean and the
faculty member
L. The Dean shall present a report of the
college/school/University Libraries retrenchment program to the
Provost and Vice
President for Academic Affairs and Research who shall transmit
these reports to the deans of the other colleges/schools/
University Libraries. This report to
include:
1. The modified retrenchment program of the
college/school/University Libraries, together with supporting arguments,
2. Copies of all recommendations from chairs, together
with supporting arguments
3. A list of all recommendations from the
College/School/University Libraries Retrenchment Committee that were not
accepted, together with the committee's reasons for those
recommendations and the dean's reason for rejecting them.
M. The University
Retrenchment Committee shall:
1. Hear any appeals, according to the definitions of
charges and procedures given in Part V, from any member of the
central administrative staff of the University designated for
termination by the Provost and Vice President for Academic Affairs and
Research
2. Hear any appeals from faculty members who do not have
a designated college/school/University Libraries channel for redressing grievances (only one
opportunity for appeal is permitted)
3. Hear appeals from any college/school/University
Libraries based on programmatic
impact in that college/school/University Libraries of decisions made in other colleges/schools/University
Libraries
4. Recommend to the
Provost and Vice President for Academic Affairs
and Research appropriate procedures for redress of any appeals
it upholds from M/1-2-3
N. The Provost and Vice President for Academic Affairs and Research
shall act on the recommendations, if any, from University
Retrenchment Committee
O. The Provost and Vice President for Academic Affairs and Research
shall transmit to the President:
1. The complete report on retrenchment from each
college/school/University libraries
2. His or her recommendation for terminations from
the central administrative staff of the university
3. The recommendations of the University Retrenchment
Committee concerning central administrative staff appeals
4. His or her own responses concerning the
recommendations of the University Retrenchment Committee.
P. The President shall, in consultation with his or her
staff:
1. Construct a program of retrenchment for the
University
2. Notify the University Retrenchment Committee of the
entire program, and of his or her reasons for any deviations
from recommendations of the University Retrenchment Committee
3. Notify each dean of:
a. Any changes he or she has made in the modified
retrenchment program presented by the dean
b. His/her reasons for those changes
4. Notify each department chair of:
a. The individuals to be terminated from that
department
b. His or her reasons for any terminations not
recommended by the College/School/University Libraries Retrenchment Committee
c. The numbers of individuals to be terminated from
other departments of that college/school/University Libraries
5. Notify each individual to be terminated or his or her
right to appeal
Q. The appropriate
College/School/University Libraries Retrenchment Committee (for central
administrative staff, the University Retrenchment Committee)
shall hear appeals according to definitions of charges and
procedures given in Part V, from any tenured or probationary
faculty member who is designated for termination in the report
of the President and has not had prior opportunity to appeal his
or her designation for termination.
R. The President shall act on
any upheld appeals and notify the appellants.
V. Appeals Procedures.
Sections G, K, M and Q of Part IV of this document describe
conditions under which a member of the unclassified staff may
appeal a decision to designate him/her for termination. All
appeals from probationary and tenured faculty members will go to
their College/School/University Libraries Advisory and Appeals
Retrenchment Committee and appeals from central administrators
will go to the University Retrenchment Advisory and Appeals
Committee. Such a staff member, hereinafter referred to as the
appellant, shall file his/her appeal with the chair of the
committee described in the section under which the appellant is
appealing, hereinafter referred to as the Appeals Committee,
basing his/her appeal on the charges described in the following:
A. If the appellant alleges that a decision not to reappoint him/her was based significantly on considerations that violate (1) academic freedom or (2) governing policies precluding prejudice with respect to race, sex, religion, national origin, handicap, age, or Vietnam era veteran status, the allegation shall be given preliminary consideration by the Appeals Committee which shall seek to settle the matter by informal methods. The allegation shall be accompanied by a statement that the appellant agrees to the presentation, for the consideration of the committees hearing the appeals, of such reasons and evidence as the institution may allege in support of its decision. If the difficulty is unresolved at this stage, and if the committee or the faculty member so recommends the matter will be heard in the manner set forth in Regulations 5 and 6 of the 1972 AAUP Recommended Institutional Regulations on Academic Freedom and Tenure, except that the appellant is responsible for stating the grounds on which he bases his/her allegations, and the burden of proof shall rest on him/her. If the appellant succeeds in establishing a prima facie case, it is incumbent upon those who made the decision not to reappoint him/her to come forward with evidence in support of their decision.
B. If the appellant alleges that the decision to designate him/her for termination was based on inadequate consideration, the Appeals Committee shall review the faculty member's allegation and shall determine whether the decision was the result of inadequate consideration in terms of the relevant standards of the university. The appeals Committee shall not substitute its judgment on the merits for that of those making the decision. If the Appeals Committee believes that adequate consideration was not given the appellant's qualifications, it will request reconsideration by those who made the decision to designate the appellant for termination, indicating the respects in which it believes the consideration may have been inadequate. The Appeals Committee shall provide copies of its findings both to the appellant and to those who made the decision to designate the appellant for termination.
These procedures are adapted from sections 10 and 2f, respectively, of the 1972 AAUP Recommended Institutional Regulations on Academic Freedom and Tenure of the American Association of University Professors.
5.83 / Policy on Compensation in
Excess of Full-time Salary
3.25 -
Wichita Policies and Procedures --http://webs.wichita.edu/inaudit/ch3_25.htm
1. The payment of compensation in excess of full-time salary is prohibited except in specific cases approved by the President or the President's designee. As a matter of policy, compensation in excess of full-time salary will not be authorized except in certain unusual cases where each of the following requirements are met:
| a. |
The additional services are requested by the college,
school, department or division to be served. |
|||||
| b. |
The additional services are to be provided during a
specific, limited and proscribed time and can be fully
and accurately described. |
|||||
| c. |
The rendering of the additional services is in the best
interest of the University, contributing to the
improvement of its instructional activities or the
professional development of the faculty or unclassified
professional employee, continuing the provision of
crucial University operations, strengthening the
University's research and service program, supporting
its cooperation with other Regents Universities and
state agencies and/or enhancing the image of the
University as a public entity. |
|||||
| d. |
The faculty or unclassified professional employee is qualified to provide the additional services. | |||||
| e. |
The faculty or unclassified professional employee’s
regular University assignments cannot be appropriately
decreased to accommodate the additional services. |
|||||
| f. |
The amount of time
and effort to be expended by the faculty or unclassified
professional employee in providing the additional
services is consistent with the University limitations
for personal professional services. |
|||||
| g. |
The additional
services cannot properly and reasonably be assigned
under the University's policies and procedures for
personal professional activity. |
2.
To
permit time for receiving decisions from the President or the
President's designee before additional services are to be
authorized and performed in consideration of the payment of
compensation in excess of full-time salary, requests submitted
under this policy should be submitted well in advance of the
time for performing the additional services. Any request for
consideration of the payment of additional compensation should
also be approved by the faculty or unclassified professional
employee’s immediate supervisor and division head.
Effective Date:
May 15, 2007
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Wichita State University
Faculty Senate
1845 Fairmont
Box 111
Wichita, Kansas 67260-0111
(316) 978-3504
Email:
bobbi.dreiling@wichita.edu