Appendix VI: Procedures for the Dismissal of CA Staff for Cause

Continuing Appointment System of FRIB-NSCL

Appendix VI: Procedures for the Dismissal of CA Staff for Cause

1.0 A CA staff member (whether on probationary appointment or with continuing status) may be dismissed for cause, including but not limited to:

intellectual dishonesty;
acts of discrimination, including harassment, prohibited by law or University policy;
acts of moral turpitude;
theft or misuse of University property;
incompetence;
refusal to perform reasonable assigned duties;
use of professional authority to exploit others;
violation of University policy substantially related to performance of staff member responsibilities;
conviction of violation(s) of law(s) which are substantially related to the fitness of staff members to engage in teaching, research; service/outreach and/or administration,
other such actions which impair the intellectual integrity for which the Laboratory and University strive;
recurring failure to meet staff responsibilities

In situations where dismissal is not sought, the Policy and Procedure for Implementing Disciplinary Action Where Dismissal is Not Sought from the Faculty Handbook will be followed.

2.0 In instances of dismissal for cause other than recurring failure to meet staff responsibilities, the following procedures will apply.

2.1 When the Director is considering dismissing a staff member for cause, the Director shall arrange for a personal conference with the CA staff member. At this point, the difficulty may be resolved by mutual agreement or the CA staff member may resign. If the CA staff member does not resign, the Director shall prepare a written statement of the basis for dismissal, which will be provided to the CA staff member. Following notice of intent to dismiss, the staff member shall have 7 calendar days to request in writing a formal hearing with the Director to challenge the dismissal.

2.2 In the hearing, the CA staff member and the relevant Department Head shall have the opportunity to call witnesses and present evidence related to the dismissal action. The CA staff member may choose to be advised by counsel in this hearing. Counsel must be a member of the University community (faculty, staff, or student) unless there are criminal charges pending against the staff member related to the dismissal proceedings. Counsel may advise and consult with her/his client but may not participate in the hearing itself. Failure of the CA staff member to agree to participate in the formal hearing shall not prevent the Director from recommending dismissal action.

2.3 Within 14 calendar days of the conclusion of the hearing, the Director shall inform the CA staff member and Office of the Provost in writing of her/his decision concerning the dismissal action. If the decision is to dismiss the CA staff member, the termination shall be effective 30 calendar days from the date of the decision.

2.4 Within 10 calendar days of receiving the Director's decision, the CA staff member may submit a written appeal to the Director. The appeal must allege that there has been a prejudicial violation of these procedures or that the decision of the Director is not consistent with a preponderance of the evidence presented at the hearing. The dismissal action shall be held in abeyance pending the appeal; however, the staff member will be placed on a leave of absence without pay for the duration of the appeal. Within 14 calendar days, the Director must forward the written appeal (and any supporting documentation) to the Provost or designee, along with a copy of the Director's hearing decision, any written statements or evidence provided by the parties at the hearing, and the Director's response to the appeal. The Provost or designee shall issue a final decision on the appeal within 20 calendar days.

3.0 In instances of dismissal for recurring failure to meet staff responsibilities, the following procedure will apply.

3.1. Probationary Appointments: If, in the Director's judgment, performance problems of a probationary CA staff member are serious enough to consider dismissal for recurring failure to meet staff responsibilities, she/he will meet with the CA staff member to discuss the concerns. The difficulty may be resolved by mutual consent at this time. If not, the Director will inform the staff member in writing that she/he has convened a Reappointment-Promotion Committee and asked them to review the stated charges. The procedures specified in Section 8 Procedures for Recommending Reappointment, Promotion, and Continuing Status of this document will be utilized by the Committee in reviewing the case. The Committee will have 30 calendar days to make a recommendation to the Director regarding dismissal.

3.2. Within 10 calendar days of receiving the committee's recommendation, the Director will issue his/her decision regarding the dismissal. If the decision is made to dismiss the CA Staff Member, the Director shall obtain the concurrence of the Provost or designee and provide written notice of dismissal to the staff member. Dismissal is effective 30 days from the date of the decision.

3.3. Continuing Appointments: If, in the Director's judgment, performance problems of a CA staff member with Continuing Status are serious enough to consider dismissal for recurring failure to meet staff responsibilities, the following procedure will be followed. The Director shall meet with the CA staff member to discuss the concerns. The difficulty may be resolved by mutual consent at this time. If not, the Director will inform the staff member in writing that she/he has formed a special committee to review the stated charges. The Committee will consist of two individuals from each of the professional categories and two Tenure System faculty or FRIB/NSCL faculty. The Committee will utilize the procedures specified in Section 8 Procedures for Recommending Reappointment, Promotion, and Continuing Status of this document. The Committee will have 30 calendar days to make a recommendation to the Director regarding dismissal. Within 10 calendar days of receiving the Committee's recommendation, the Director will issue his/her decision regarding the dismissal. If the decision is made to dismiss the CA staff member, the Director shall obtain the concurrence of the Provost or designee and provide written notice of the dismissal to the staff member. The dismissal will be effective 30 calendar days from the date of the dismissal notice. Alternatively, the Director may provide the staff member with written notice that he/she has failed to meet staff responsibilities on a recurring basis and that he/she will be dismissed if performance is not improved to acceptable levels within a reasonable period of time (generally 3 months). At the conclusion of this period, the Committee will review the staff member's performance again and provide a recommendation to the Director. After receiving this recommendation, the Director may determine that the individual has continued to fail to meet staff responsibilities. After seeking the concurrence of the Provost or designee, the Director may provide the staff member with written notice of dismissal. The dismissal will be effective 30 calendar days from the date of the decision.

3.4. Within 10 calendar days of receiving notice of dismissal, the CA staff member may submit a written appeal to the Director. The appeal must allege that there has been a prejudicial violation of these procedures or that the decision of the Director is not consistent with a preponderance of the evidence presented to the Committee. The dismissal action shall be held in abeyance pending the appeal; however, the staff member will be placed on a leave of absence without pay for the duration of the appeal. Within 14 calendar days, the Director must forward the written appeal (and any supporting documentation) to the Provost or designee, along with a copy of the Director's notice of dismissal, any written statements or evidence provided by the parties to the Committee, and the Director's response to the appeal. The Provost or designee shall issue a final decision on the appeal within 20 calendar days.

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