The Board of Trustees of
The City University of New York
(Revised September 30, 1998)
ARTICLE VII - ACADEMIC DUE PROCESS
Section 7.1. GROUNDS FOR REMOVAL OR SUSPENSION.
Members of the instructional staff may be suspended or removed for one or more of the following reasons:
- Incompetent or inefficient service.
- Neglect of duty.
- Physical or mental incapacity.
- Conduct unbecoming a member of the staff. This provision shall not be so interpreted as to constitute interference with academic freedom.
Section 7.2. PRESENTATION OF CHARGES.
- Charges against a member of the instructional staff may be made by a president, vice president, dean, department chairperson, principal, member of the board, a committee of the board, or the board itself. Charges shall in the first instance be presented in writing to the president together with such evidence as would support the charges. It shall be the duty of the president if he/she determines the charges are substantial, to serve the person involved with a notice setting forth all the charges and the specifications thereof pending against him/her. The president shall forthwith send a copy of the charges and specifications to the college personnel and budget committee, or a faculty committee designated by it, together with a statement as to when the charges and specifications were served on the person involved.
Section 7.3. SUSPENSION UNDER CHARGES.
Any person against whom charges have been made may at any time during the pendency of the charges be suspended with pay by the president of the college.
Section 7.4. SERVICE OF CHARGES.
- Service of the charges and specifications by the president shall be made in the following manner:
- By personal delivery to the person involved; or
- If personal delivery cannot be made with reasonable diligence, by registered or certified mail or by leaving a copy with some person of an age of discretion at the place of residence of the person involved and by notifying such person of the nature of the papers and by leaving a duplicate of such charges and specifications at the college or school where such person is assigned with some person of discretion at the place where such person is accustomed to report for duty; or
- If service cannot, with reasonable diligence, be made as provided under paragraph 1 or 2 of this subdivision, by posting a copy of the charges and specifications upon the bulletin board of the college or school and of the department to which the person involved is assigned.
- An affidavit by the person who has served such charges in any manner prescribed in "a" above shall be presumptive proof of the facts therein set forth.
Section 7.5. NOTICE OF INVESTIGATION AND HEARING.
The college personnel and budget committee, or a committee designated by it, shall immediately notify the person involved of a date at which a hearing and investigation of the charges shall be held. Said date shall be no later than ten (10) days from the date that notice of the charges was served by the president.
Section 7.6. INVESTIGATION AND HEARING.
The committee shall conduct the investigation and hearing according to such rules as the college personnel and budget committee may from time to time establish. The committee shall not be bound by the rules of evidence observed in courts of law. There shall be a transcript of the hearing.
Section 7.7. RIGHTS AT INVESTIGATION AND HEARING.
The person involved shall be entitled to representation during the investigation and hearing by any person or persons of his/her choice.
Section 7.8. REPORT OF INVESTIGATION AND HEARING.
- The committee shall, upon the conclusion of the investigation and hearing, without unnecessary delay, make a report to the president, together with its recommendations. If the charges are sustained, the penalty may consist of a reprimand, suspension with or without pay, or removal. The president shall make a report to the board together with his/her recommendations. No member of the instructional staff shall be removed except at a regular or special meeting to the board by an affirmative vote of the majority of all the members of the board, except members ex officio.
- Prior to the board's final determination and judgment, the person involved shall be entitled to an appeal before the board on the record with the right of representation by any person or persons of his/her choice.
Section 7.9. EXCLUSIONS.
This article shall not be applicable to those members of the instructional staff in titles listed in section 6.6.c. of these bylaws.
Bylaws of The Board of Trustees - Contents
ARTICLE VIII - ORGANIZATION AND DUTIES OF THE FACULTY
The City University of New York