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XII.
DISPOSITION PHASE (no federal or state funding)
| A. |
If
No Academic Misconduct is Found (no federal
or state funding)
Within ten (10) working days
of receipt of the CoI report, the VPAA
shall furnish the report to the Respondent
with the VPAA’s decision including
sanctions, if any. The VPAA shall inform
the Respondent, Complainant, and the appropriate
Dean that allegations of misconduct were
not supported. If the allegations are
deemed to have been maliciously motivated,
the Committee will report those findings
to the VPAA. If the allegations, however
incorrect, are deemed to have been made
in good faith, no additional measures
are indicated and efforts will be made
to prevent retaliatory actions. In publicizing
the findings of no misconduct, the University
will be guided by whether public announcements
will be harmful or beneficial in restoring
any reputation(s) that may have been damaged.
Usually, such decision will rest with
the Respondent.
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| B. |
If
Academic Misconduct is Found (no federal
or state funding) |
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1. |
The
VPAA shall consider the recommendations
of the CoI and shall be responsible for
determining and implementing any sanctions.
Within 10 working days of receipt of the
report from the CoI, the VPAA shall notify
the Respondent and the President, in writing,
of the recommended sanctions, if any.
A copy of the report will accompany the
VPAA’s decision. |
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2. |
The
University must impose sanctions that
are appropriate to the seriousness of
the misconduct, including, but not limited
to, one or more of the following: |
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a. |
Letter
of reprimand in file.
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b. |
Removal
from particular project. |
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c. |
Special
monitoring of future work. |
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d. |
Letter
of reprimand with public notice. |
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e. |
Probation
for a specified period with conditions.
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f. |
Suspension
of rights and responsibilities for a specified
period, with or without salary. |
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g. |
Financial
restitution. |
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h. |
Termination
of employment/enrollment. |
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3. |
If
the sanctions involve a recommendation for
termination of employment, the Respondent
may use University academic termination
procedures. |
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4. |
Sanctions
that prevent the Respondent from fulfilling
his/her obligations as an employee of the
University shall not be imposed during the
Inquiry or Investigation phase unless it
is necessary to prevent harm to the Respondent
or to others. |
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5. |
Sanctions
that prevent the Respondent from fulfilling
his/her obligations as an employee of
the University shall not be imposed during
the Inquiry or Investigation phase unless
it is necessary to prevent harm to the
Respondent or to others. |
| C. |
Appeal
(no federal or state funding)
Respondents may appeal the sanctions of
the CoI to the Standing Committee on Faculty
Rights (SCFR). |
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1. |
Under
section 605.3(9) of the State Board of
Higher Education(SBHE) Policies, the Respondent
may appeal to SCFR “[i]f the administration
determines that the conduct of a faculty
member . . . provides reasonable cause
for imposition of a sanction, the administration
shall inform the faculty member in writing
of the sanction and the reasons for the
sanction. . . . If the sanction is imposed
without a [SCFR] hearing . . .”,
the faculty member may request a SCFR
review by following the SBHE policy and
the University’s implementation,
both of which may be found in the University’s
Faculty Handbook. |
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2. |
If
initiated, the review of imposed sanctions
by SCFR concludes review under this Policy.
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3. |
If
the finding of misconduct results in termination,
Respondents may request a SCFR review of
the decision to terminate by following the
SBHE policy and the University’s implementation,
both of which may be found in the University’s
Faculty Handbook. |
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