105.01 The President may at any time remove any faculty member for cause. Cause or grounds for dismissal are set forth in the Tenure regulations of the policies of the Board of Regents and in the approved statutes or by-laws of an Institution. (Whenever the words "President" or "Administration" are used in these procedures, they shall be construed to include the designated representative of the President.)
105.02 Preliminary Procedures
The dismissal of a tenured faculty member or a non-tenured faculty member during his or her contract term should be preceded by:
105.0201 Discussion between the faculty member and appropriate administrative officers looking toward a mutual settlement.
105.0202 Informal inquiry by an appropriate faculty committee which may, upon failing to effect an adjustment, advise the President whether dismissal proceedings should be undertaken; its advisory opinion shall not, however, be binding upon the President.
105.0203 A letter to the faculty member forewarning that he or she is about to be terminated for cause and informing him or her that a statement of charges will be forwarded to him or her upon request. The faculty member may also request a formal hearing on the charges before a faculty committee. Failure to request charges or a hearing within a reasonable time shall constitute a waiver of the right to a hearing.
105.0204 A statement of charges, if requested by the faculty member, framed with reasonable particularity by the President or his or her designated representative.
105.03 Provision for Hearing Committee
105.0301 A dismissal as defined above shall be preceded by statement of charges or causes (grounds for dismissal) if so requested, including a statement that the faculty member concerned shall have the right to be heard by a faculty hearing committee.
105.0302 The hearing committee shall consist of not less than three or more than five impartial faculty members appointed by the Faculty and Administrative Staff Personnel Committee (or its equivalent) from among the members of the entire faculty (as defined by the policies of the Board of Regents).
105.0303 Members of the Hearing Committee may serve concurrently on other committees of the faculty. The Hearing Committee will meet as a body when it is called into session by the Chair of the body which selected them either at his or her discretion or upon the request of the President or the faculty member who is subject to dismissal.
105.0304 When the Hearing Committee is called into session, it shall elect a chair from among its membership. A member should remove himself or herself from the case, either at the request of a party or on his or her own initiative if he or she deems himself or herself disqualified for bias or interest. Each party shall have a maximum of two challenges without stated cause, provided, however, that all challenges whether with or without cause shall be made in writing and filed with the chair of the Hearing Committee at least five days in advance of the date set for the hearing. The chair shall have the authority to decide whether a member of the committee is disqualified for cause. If the chair determines that a member is so disqualified or if a committee member removes himself or herself from a case, the replacement shall be made in the same manner as the original committee was selected. If the chair is thus removed, the committee shall elect a new chair after committee replacements have been appointed. A minimum of three (3) members is required for any action to be taken.
105.04 Dismissal Procedures
In all instances where a hearing is requested, the following hearing procedures shall apply:
105.0402 The Hearing Committee, in consultation with the President and the faculty member, may exercise its judgment as to whether the hearing should be public or private.
105.0403 During the proceedings, the faculty member and the administration shall be permitted to have an academic advisor and/or counsel of his or her choice. The Hearing Committee will be permitted to have advisory counsel.
105.0404 At the request of either party or the chair of the Hearing Committee, a representative of a responsible education association shall be permitted to attend as an observer.
105.0405 A tape recording or transcript of the proceedings shall be kept and made available to the faculty member and the administration in the event an appeal is filed.
105.0406 An oath or affirmation shall be administered to all witnesses by any person authorized by law to administer oaths in the State of Georgia.
105.0407 The Hearing Committee may grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
105.0408 The faculty member and the administration shall be afforded a reasonable opportunity to obtain necessary witnesses and documentary or other evidence.
105.0409 The faculty member and the administration will have the right to confront and cross-examine all witnesses. When the witness cannot or will not appear, but the committee determines that the interests of justice require the admission of his or her statement, the committee will identify the witness, disclose his or her statement and, if possible, provide for interrogatories.
105.0410 The Hearing Committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issued involved. Every possible effort will be made to obtain the most reliable evidence available. All questions relating to admissibility of evidence or other legal matters, shall be decided by the chair or presiding officer.
105.0411 The findings of fact and the decision of the Hearing Committee will be based solely on the hearing record.
105.0412 Except for such simple announcements as may be required over the time of the hearing and similar matters, public statement and publicity about the case by either the faculty member or administrative officers should be avoided until the proceedings have been completed, including consideration by the Board of Regents in the event an appeal is filed. The President and the faculty member will be notified in writing of the decision and recommendation, if any, of the Hearing Committee.
105.0413 If the committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it will so report to the President. If the President does not approve the report, he or she should state his or her reasons in writing to the committee for response before rendering his or her final decision. If the committee concludes that an academic penalty less than dismissal would be more appropriate than dismissal, it may so recommend with the supporting reasons. The President may or may not follow the recommendations of the committee.
105.0414 After complying with the foregoing procedures, the President shall send an official letter to the faculty member notifying him or her of his or her retention or removal for cause. Such letter shall be delivered to addressee only, with receipt to show to whom and when delivered and address where delivered. The letter shall clearly state any charges which the President has found sustained and shall notify such person that he or she may appeal to the Board of Regents for review. The appeal shall be submitted in writing to the Executive Secretary of the Board within twenty (20) days following the decision of the President. It shall state the decision complained of and the redress desired. The Board or a committee of the Board shall investigate the matter thoroughly and render its decision thereon within sixty (60) days from the date of the receipt of the appeal or from the date of any hearing which may be held thereon.
105.0415 Upon dismissal by the President, the faculty member shall be suspended from employment without pay from the date of the final decision of the President. Should the faculty member be reinstated by action of the Board of Regents, he or she shall be compensated from the date of suspension.