Williams College Employee Handbook

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Guidelines for a Formal Hearing in the Case of Dismissal or Suspension of a Faculty Member Because of Serious Shortcomings in the Discharge of His or Her Professional Duties

These guidelines are modeled on the AAUP's Policy Documents and Reports, "Recommended Institutional Regulations on Academic Freedom and Tenure," Regulations 5 and 6 (2006 ed., pp. 26-27). In the following text the "parties" are: 1) the "faculty member" whose proposed dismissal is the subject of the hearing, and 2) the "President of the College," as representative of the administration of the College in the hearing. The numbers following the hyphen in the parentheses heading each paragraph refer to the numbered corresponding paragraphs in Regulation 5, except where otherwise stated.

(1-1) Pending a final decision by the hearing committee, the faculty member will be suspended, or assigned to other duties in lieu of suspension, only if immediate harm to the faculty member or others is threatened by continuance. Before suspending the faculty member, the President will consult with the Committee on Appointments and Promotions concerning the propriety, length, and other conditions of the suspension. Salary will continue during the period of suspension.

(2-2) The hearing committee may, with the consent of both parties, hold prehearing meetings with the parties, jointly or singly, to: i) simplify the issues, ii) obtain stipulations of facts, iii) provide for the exchange of documentary or other information, and iv) achieve such other prehearing objectives as will make the hearing fair, effective, and expeditious.

(3-3) The President must present a written statement of specific charges at least twenty days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, but continues to deny the charges or to assert that the charges do not support a finding of adequate cause for dismissal, the hearing committee will nonetheless evaluate all available evidence and rest its recommendation upon the evidence in the record.

(4-4) The proceedings of the hearing committee will be held in private.

(5-5) During the proceedings both parties may be assisted by legal counsel of their choice. The faculty member will also be permitted to have a College advisor present, who may help with the preparation of the case, be present when the case is heard, and confer with the advisee during the hearing. The advisor, however, may not address the hearing committee or question witnesses.

(6-6) At the request of either party or the hearing committee, a representative of a responsible educational association will be invited to attend the proceedings as an observer.

(7-7) A verbatim record of the proceedings will be taken and typewritten copies provided to both parties.

(8-8) The burden of proof that adequate cause for dismissal exists rests with the College and will be satisfied only by clear and convincing evidence in the record considered as a whole.

(9-9) The hearing committee will grant adjournments to enable either party to investigate evidence about which a valid claim of surprise is made.

(10-10) The faculty member will be afforded an opportunity to obtain witnesses and documentary or other evidence. The President will cooperate with the hearing committee in securing witnesses and making available documentary and other evidence.

(11-11) Both parties will have the right to confront and cross-examine all witnesses. Where a witness cannot or will not appear, but the hearing committee determines that the interests of justice require admission of the witness's statement, the committee will identify the witness, disclose his or her statement, and (if possible) provide for interrogatories.

(12-12) In the hearing of charges of incompetence, the testimony will include that of qualified faculty members from Williams College or other institutions of higher education.

(13-13) The hearing committee will not be bound by strict rules of legal evidence, and may admit any evidence that is of probative value in deciding the issues. Every effort will be made to obtain the most reliable evidence available.

(14-14) The hearing committee's findings of fact and decision will be based solely on the hearing record.

(15-15) Public statements and publicity about the case by either party will be avoided as far as possible until the proceedings, including consideration by the Trustees, have been completed. The parties will be notified of the decision in writing and will be given a copy of the hearing record.

(16-Regulation 6, "Action by the Governing Board") If the hearing committee concludes that adequate cause for dismissal or other severe sanction has been established by the evidence in the record, it will so report to the faculty member and the President. The President will, upon request of the faculty member, transmit the record of the case to the Trustees for their review.

(17-16) If the hearing committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it will so report to the faculty member and the President. If the President rejects the report, he or she will state the reasons for doing so, in writing, to the hearing committee and to the faculty member, and will provide an opportunity for their responses before transmitting the case to the Trustees.

(18-Regulation 6, "Action by the Governing Board") If the case is transmitted by the President to the Trustees, their review will be based on the hearing record. The Trustees will provide opportunity for oral or written argument by the parties or representatives of the parties. The report of the hearing committee will either be sustained or returned to the hearing committee with specific objections. The hearing committee will then reconsider, taking into account the stated objections and receiving new evidence if necessary. The Trustees will make a final decision only after study of the hearing committee's reconsideration.

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