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COMMITTEE ON ACADEMIC FREEDOM AND RIGHTS

Operating Code

FUNCTION. To serve as guardian of the academic freedom and rights of all members of the academic community; to receive inquiries and complaints concerning academic freedom and rights and to consider formal charges of violation of academic freedom and rights from any faculty member, student, administrator, trustee, or from the Committee on Appointments, Promotion, and Tenure; to advise and make appropriate recommendations. The Committee on Academic Freedom and Rights meets annually, and whenever necessary in the pursuit of its functions, with the Academic Affairs Committee of the Board of Trustees.

MEMBERSHIP. Six members of the faculty, none of whom is on the CAPT, the CAPT Review Committee, the Tenure Review Board, the CAS, or the Affirmative Action Committee, at least two of whom are untenured at the time of their election and two tenured, each to serve a three-year term and each from a different department; and no more than six students selected by SGA. A member who has served a full three-year term is eligible for re-election after being out of office for two years; members who complete an unexpired term or serve an interim term in place of a regularly elected member on leave are immediately eligible for re-election provided their service did not exceed one calendar year. A member shall recuse himself or herself if he or she is involved in the matter about which the complainant is bringing the case.

OPERATING PROCEDURES. The committee's definition of academic freedom and rights includes, but is not limited to, the 1940 Statement of Principles by the American Association of University Professors, the Faculty Handbook, the Student Handbook, and the College Catalog. In the pursuit of its duties the committee may seek information and expect the cooperation of students, faculty, and administration, and may have access to legal advice. (Student members shall meet when questions, complaints, or charges are initiated by students and when a student is involved in the community; otherwise the committee will function with only the faculty members.) The committee shall take care to keep accurate records of all formal proceedings, and the doctrine of confidentiality shall apply to all inquiries and charges which come before it. In the event that deliberations on a case continue past one academic year, the committee (as constituted for each academic year) will continue hearing the case. Newly elected members will be informed about the case by the continuing members of the committee.

A. Informal Inquiries (This stage must precede any formal action.)

Any student, faculty member, or administrator may seek out and speak with any member of the committee to gather information, discuss a complaint, or seek assistance and clarification. The committee member shall explain CAFR's function and procedures. If the petitioner so requests, the member may attempt to approach other parties, collect information, and mediate any dispute. The member shall offer no official opinions or judgments on the substance of the inquiry. The inquiry shall be reported only to CAFR. To avoid misunderstanding, it is advisable that at least two members of the committee be involved in all discussions. However, there is nothing to preclude the presence of all members at discussions if the petitioner so desires. Each petitioner may request, or the Chair may offer, a contact person on the committee to whom the petitioner may coordinate his or her inquiries. During discussions, the complaint shall be heard, but no judgment shall given. With the permission of the petitioner, every effort shall be made to resolve the issue amicably in order to avoid formal charges. The doctrine of confidentiality shall be observed throughout this stage.

B. Formal Charges

1. A quorum for formal proceedings shall be 3 faculty and 3 students for cases involving students, in other cases the quorum shall be 4 faculty members, except that in those terms when a committee member on leave is not replaced it shall be 3.

2. A complainant may bring formal charges if she/he has pursued an informal inquiry through the committee stage and is not satisfied with the results.

3. The petitioner must submit her/his grievances in writing, indicating clearly and precisely which academic freedoms and rights have been violated, and by whom, together with supporting materials.

4. The committee must send copies of the charges to any person (or persons) against whom the formal charges have been lodged, and notify them that they have a right to appear before the committee to present their views.

5. The committee shall send to the President copies of the charges.

6. All parties may come before the committee with a colleague, friend or other advisor, but the committee shall conduct the proceedings.

7. After completing its investigation, the committee shall meet with the President. At the request of the President and with the consent of the membership, the committee may invite the Dean of the Faculty to attend. The committee shall discuss its findings with the President, and she/he shall supply the committee with any additional information she/he may possess relevant to the case.

8. The committee shall submit its findings and recommendations to the President with copies sent only to the parties immediately involved.

9. The President shall communicate to the committee the actions taken or in progress, reflecting her/his response to the committee's findings and recommendations.

10. In any cases involving the President, the committee shall report directly to the Chair of the Academic Affairs Committee. Testimony heard during the informal stage may be used as testimony during the formal stage with the approval of the members of the committee. People who testified during the informal stage will be requested to indicate, in writing, whether they wish to testify anew or let their earlier testimony stand.

At the conclusion of each academic year the chair shall submit CAFR's annual report to the committee, and after approval by the membership publish it for the faculty. She/he shall also make the necessary arrangements to prepare the committee's annual meeting with the Academic Affairs Committee of the Board in May. The chair shall arrange a final meeting with the President to review its work with her/him. The chair shall then prepare a list of those cases which remain open. Finally, the chair shall prepare a log book which includes the CAFR reports for that year with specific names of individuals deleted, the annual report of the committee, and other documents which the committee deems useful for the orderly progression of the business of the CAFR. This log book shall be given to the incoming chair, and may be used as a reference by members of CAFR.