Part XII, Section III: Non-Reappointment, Denial of Tenure, and Denial of Promotion

Updated: June 5, 2025

CONTENTS

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

I. Introduction

The procedures in this section are governed by Sections 2 and 4 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 604, and 101.3.1.2[R] Regulation on Non-Reappointment, Denial of Tenure, and Denial of Promotion Under Section 604 of The Code.
Once a Faculty Member has initiated the appellate process by submitting a written statement to the chair of the Appellate Steering Committee and Faculty Senate Office as pursuant to Section 4 of POL06.35.04, the following procedures support the Hearing Panel:

II. Procedures for the Selection of the Hearing Panel

The Hearing Panel (hereafter, “the panel”) shall be composed of five regular members and one alternate, each of whom is a full-time, permanently tenured voting faculty member 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 appellate panels specified in Part XII, Section I of this Faculty Manual. Upon organization, the members of the Hearing 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 any matter associated with a grievant’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 III.3, Conduct of 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 those individuals or groups who are alleged to be responsible for the action or actions described by the grievant in the request for the hearing [hereafter, the respondent(s)] are permitted to challenge panel members for just cause. If the panel member declines recusal, the established panel, including the alternate, shall determine obligatory recusal by majority vote (with the member in question not participating in the vote). Parties request recusal of panel members by submitting the Request for Recusal Form.

When membership of the panel falls below the specified five members and one alternate, the Hearing appellate chair will select additional members of the Appellate Committee to the panel as specified in Part XII, Section I of the East Carolina University Faculty Manual.

The panel may at any time consult with an attorney in the Office of 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 Hearing Panel shall notify the Grievant and the Provost, as well as any named respondent(s), and the Chair of the Faculty of the time, date, and place for a hearing, including notification that identifies the membership of the Hearing Panel. The Hearing 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 all documentary evidence, 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 grievance. When possible, 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 exhibits 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 Hearing 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 the Order of the Hearing
    Please see POL06.35.04, section 4.6.5 for information about the way the hearing is conducted.

    The Hearing 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, 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 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 604 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.