In this article, I will discuss what due process for faculty is, what is its main purpose or what does it serve as. I will also discuss why it is made as to elaborate from its purpose, definitions and other facts (Affairs, 2000). The due process for faculty members is generally made to comprehend the policies and procedures to which a certain university may impose a certain act as to execute a disciplinary action for the faculty members who does not primarily do their supposed job (Affairs, 2000). Due Process for Faculty Members as Defined
It is the board of trustees in the “Furman Universities that the Statement on Procedural Standards in Faculty Dismissal Proceeding” is approved and has been accepted and or adopted (Teague, 1999). This was made during the years of 1957-58 jointly by the AAC or Association of American Colleges with the help of AAUP or American Association of University Professors (Teague, 1999). Policy As stated by the AAUP, the policy imposes that there will be no faculty member whose term has not yet been finished will be approved for dismissal without sufficient reasons and also due process (Teague, 1999).
It is stated that certain member who is still under probation of his/her term may not be reappointed without any cause being showed hence the due process as it was defined will definitely be applied in the scenario (Teague, 1999). Thus, the dismissal is said to be invalid for the use of preventing such faculty members to do their profession in academic matters as their freedom or right to execute their academic exercise as the part of their American rights (Teague, 1999). Cause of Faculty member’s removal
• Deception which is deliberately practiced and misinterpretation in the means of professional preparation, achievement, and or experiences (“Termination, dismissal, & Registration Policies,” 2007). • The state of being found guilty of the certain felony stated as “ malum in se” during the span of the employment or the hiding of true purpose of such means of conviction of felony in the process of doing an application for another or other employment (“Termination, dismissal, & Registration Policies,” 2007)
• Willful neglect or incompetence in the state of performing an individual’s certain duties, which the act must be directly related to the job and to the faculty member’s fitness of doing the certain job (“Termination, dismissal, & Registration Policies,” 2007). Cases where due process is applied 1. Dismissal of a faculty member which is appointed and still in term (University, 2007) 2. Dismissal of non-appointed faculty whose appointment to the university has not yet ended (University, 2007).
3. Not being allowed to be reappointed of a certain faculty member in those certain events that there are accusations of violations done in academic freedom and other aspects (University, 2007). 4. State of being unsatisfied that a certain faculty member imposes the character of influencing his/her co-faculty members to resignate even without the protection given by the due process (University, 2007). 5.
Insufficient consideration for being reappointed or the non-renewal of a certain faculty member’s contract (University, 2007). Due Process and Rights to Appeal The understanding to performance judging process or is known as evaluation process unites the common known academic due-process rights as it was said and specified in the Texas Tech University Tenure Policy (“Comprehensive Performance Evaluations of Tenured Faculty Members and Faculty Members Who Receive an Academic Promotion ” 2000).
The due process rights considers the records on timing, the professors manner, the coverage of the evaluation, and it is said that before a certain faculty member may be imposed in any action regarding disciplinary act, they should be evaluated basing on the apprehensive performance evaluation made through this kind of policy (“Comprehensive Performance Evaluations of Tenured Faculty Members and Faculty Members Who Receive an Academic Promotion ” 2000). Due process/ some defamation issues
It is under the 14th amendment that due process is needed before a certain public institution could deprive a certain individual of his/her life aspect, liberty aspect and as much as property aspect (“Due Process/Defamation Issues,” 1997). In this case, in a place like universities or collages, such professors are given the right to liberty in the sense of their reputation. Therefore professors are required into due process before he/she will be deprived of his/her right to liberty (“Due Process/Defamation Issues,” 1997).
It is explained that a professors act such as to post the students grade in terms of security numbers or in other means such as birth date in prohibited hence in every semester, there are unknown and unproven informations of data which are posted in the university library or even in the internets about some certain professor’s teaching (“Due Process/Defamation Issues,” 1997). It is under this said data which is used to determine the professor’s increase in salary, tenure decisions, and even the decision to whether a certain professor should be promoted or not (“Due Process/Defamation Issues,” 1997).
It is explained that if ever a certain university damages a certain professor’s name or reputation by humiliating him/her in the public, the professor who is embarrassed could sue the University for the Case of libel and or even defamation. In explanation to this, defamation is depicted as any means of communication that causes or creates humiliation or shame, ridiculed, or even considered and made low estimation of a certain person in the community (“Due Process/Defamation Issues,” 1997).
Conclusion Regarding the policy stated under the 14th amendment, it is stated that even professors have the right to liberty in the means of university or institution. Professors are subjected to due process or evaluation of his/her ability and fitness of his job before dismissal. Therefore the due process serves as the professor’s right to practice their profession without being oppressed in any means of the university.
If ever certain professors are subjected to such cases, they are to be evaluated through the data’s and records of information found in the university they are serving before they could be subjected into any means of disciplinary actions. References Affairs, O. o. A. (2000). Faculty Due Process [Electronic Version] from http://www. lsus. edu/facultystaff/policieshb/pdf_files/2. 19. 02. pdf. Comprehensive Performance Evaluations of Tenured Faculty Members and Faculty Members Who Receive an Academic Promotion [Electronic (2000). Version] from http://www. depts. ttu. edu/opmanual/OP32. 31. html.
Due Process/Defamation Issues [Electronic (1997). Version] from http://www. bus. lsu. edu/accounting/faculty/lcrumbley/process. html. Teague, P. (1999). 131. 5 Due Process [Electronic Version] from http://www. furman. edu/policies/view. htm? policy=38&name=131. 5%20Due%20Process. Termination, dismissal, & Registration Policies [Electronic (2007). Version] from http://faculty. uml. edu/msp/contract/msp_contract_article_14. pdf. University, T. (2007). Faculty and Contract Staff Handbook [Electronic Version] from http://www. trinity. edu/departments/academic_affairs/hb/facgvpol/polstmt. htm#duep1.
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