Part XII, Section II: Disciplinary Discharge, Suspension, or Demotion

Updated: June 5, 2025

CONTENTS

  1. Introduction
  2. Procedures for Selection of Due Process Panel
  3. Procedures for the Hearing

I. Introduction

The procedures provided by this section are governed by Sections 2 and 3 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), as well as UNC Policy Manual and Code 100.1 Chapter VI – Academic Freedom and Tenure, Section 603, and 101.3.1.1[R] Regulation on Disciplinary Discharge, Suspension, or Demotion Under Section 603 of The Code.
A faculty member, who is the beneficiary of institutional guarantees of tenure, shall enjoy protection against unjust and arbitrary application of formal discharge, suspension, or demotion. POL06.35.04 provides the relevant information related to formal discharge, suspension, or demotion, as well as a faculty member’s right for review through an institutional hearing process. If an impacted faculty member makes a written request for a hearing following the receipt of a notice of intent, the following procedures will support the Due Process Hearing:

II. Procedures for Selection of Due Process Panel

The Due Process Panel (hereafter, “the panel”) shall be composed of five regular members and one alternate each of whom is full time, permanently tenured voting faculty without administrative appointment (per Part IX, Section I.IV(B)). The alternate shall attend all sessions of the hearing and replace a regular member should that member be unable to attend the entire hearing. Members of the panel shall be chosen in accordance with the procedures for election of the Appellate Committee specified in the Bylaws of the East Carolina University Faculty Senate, and provisions for constitution of appeals panels described in Part XII, Section I of this Faculty Manual. Upon organization, the members of the panel shall elect a chair and secretary. Should either officer be absent at the beginning of a hearing, the panel members shall elect an alternate chair or secretary for the purposes of the hearing. A quorum for the panel shall be the five members or four members and the alternate.

When the panel is convened to consider a faculty member’s request for a hearing, those Appellate Committee members who (i) hold an appointment in the grievant’s academic unit, (ii) might reasonably expect to be called as witnesses, (iii) might reasonably expect to be asked to serve as an advisor (see subsection V.B, Procedures for the Hearing) to any party of the hearing, or (iv) may have any other conflict of interest, should be disqualified from participation on a panel related to the specific request for a hearing. The grievant and the Provost or Dean/Executive Dean of Brody School of Medicine (as appropriate according to supervisory authority) are permitted to challenge panel members for just cause. The parties request recusal by submitting the Request for Recusal Form. The other members of the panel will decide by majority vote (excluding the panel member being challenged) on any potential disqualifications if a panel member is so challenged but wishes to remain.

When membership of the panel falls below the specified five members and one alternate, the Due Process appellate chair will select additional members of the Appellate Committee to serve on the panel as specified in Part XII, Section I of the Faculty Manual.

The panel may at any time consult with an attorney in the Office of the University Counsel. The Office of University Counsel will endeavor to provide a consulting attorney for support of the hearing panel that does not have present or prior substantive involvement in the matter that gave rise to the hearing.

III. Procedures for the Hearing

  1. Hearing Agenda
    The Chair of the Due Process Panel shall promptly notify the Grievant, the Provost, or Executive Dean of Brody School of Medicine (as appropriate according to supervisory authority), and the Chair of the Faculty of the time, date, and place of the hearing. The Due Process Panel Chair will also create an agenda prior to the hearing date to facilitate completion of the hearing within one business day. The agenda will state limits on the amount of time that each party will be allocated for presentation of their cases. This agenda, with names of the panel members, procedures for submission of new documents, and handling of the witnesses, will be distributed to the panel, the grievant and the respondent no less than five (5) calendar days prior to the hearing date.
  2. Procedures for Submission of Hearing Documents
    As provided by the Policy, at least fourteen (14) calendar days before the hearing, the parties will also submit evidence and documents, as well as a list of witnesses to be called at the hearing, along with a brief statement of the relevance of each witness. One digital copy of all information and documents shall be submitted to the Faculty Senate Office. Instructions for submission of the exhibits will be included in communications to the parties. The submitted information and documents shall have a table of contents with numbers (Arabic) assigned to all pages that exhibit information. Numbers shall be preceded by a “G” for the grievant’s submission or an “R” for the respondent’s submission. Exhibit G and Exhibit R shall include all information necessary to support or defend the respective positions of the parties. When possible, it is best to place all documents and photographs used as exhibits into one PDF, with the Table of Contents at the beginning that lists all the exhibits. If that is not possible, exhibits will need to be named in a way that keeps them in an order that aligns with the Table of Contents (e.g., G-001, G-002). Failure to submit evidence in the specified format may result in evidence being excluded from the hearing record by the panel.

    Once the copies as described above are received from both parties, the digital copies will be made available to each party.
  3. Procedures for Court Reporter/Hearing Transcript
    The Faculty Senate Office will arrange for the hiring and payment of a court reporter. The court reporter will be present and will make a verbatim record of the hearing. At the hearing, the Due Process Panel chair should instruct the court reporter to collect and mark all documents submitted by both parties and include them as exhibits with the transcript. The Office of University Counsel may also support the Faculty Senate Office in the retention of a professional court reporter for transcript services.
  4. Procedures Relating to Order of the Hearing
    Please see POL06.35.04, section 3.8, for full information about the way the hearing is conducted.

    The Due Process Panel Chair is responsible for ensuring order among hearing participants during the hearing so the complete transcript of the testimony is recorded and for working with the Faculty Senate Office Administrator to preserve all documents that are accepted by the Panel at the hearing as evidence. In addition to the requirements found in the Policy, the hearing shall be conducted according to the latest edition of Robert’s Rules of Order, Newly Revised. When, despite due diligence, circumstances make it necessary to resolve an issue not addressed in these provisions, the due process panel chair shall have the authority to make a reasonable adjustment or exception that maintains the integrity of the process to the extent possible and consistent with applicable law and policy. Such rules and procedures shall be consistent with POL06.35.04 and Chapter 100, Section 603 of The Code and applicable UNC regulations.
  5. Post-Hearing Information
    Following the conclusion of the hearing, the grievant will be informed about any updates to the status of the pending appellate matter. The Chancellor’s decision shall be conveyed in writing to the Panel, Grievant, Faculty Senate Office, and relevant administrators by a method that provides delivery verification.

Faculty Senate Resolution #25-55, June 2025.