To The Academic Senate,
The Charges Committee’s task is to review charges of alleged
violations of the Faculty Code of Conduct brought against members of the
Academic Senate or faculty in other series who have teaching responsibilities
similar to that of members of the Academic Senate. The responsibility of the
Committee is to make the initial review of the complaint and consider first,
whether the behavior, if it actually occurred, would be in violation of the
Faculty Code of Conduct. Once it is accepted as a charge, the Committee holds
an informal hearing to judge whether or not there is “probable cause” that the
violation took place. The Committee prepares a report and communicates its findings
to the Vice Chancellor of Academic Personnel. If the Committee finds “probable
cause” it submits recommendations for proposed sanctions and the case is
forwarded to the Committee on Privilege and Tenure.
The Committee received eleven cases during the 1998-99
academic year. The Committee declined to review two of
the cases, one because it felt the issues surrounding the case were not within
the purview of the Committee’s responsibility, and one because the Committee
felt there was insufficient evidence to proceed with the case. Three cases will
be held over for the 99-00 academic year because they were submitted too late
to be examined in the 98-99 academic year.
Six cases were heard by the Committee. Two of these were
cases in which faculty were charged with failure to meet academic
responsibility. Both of these cases were dismissed as having “no probable cause.” Three cases
consisted of charges of misuse of funds or resources or misrepresentation of
the University. “Probable cause” was found for one of these. In another the
charge was withdrawn before the Committee could examine the case and the third
will be continued in the 99-00 academic year. The final case involved a charge
of failure to protect faculty and failure of evaluation of faculty performance.
“Probable cause” was found for part of the charge. In cases of findings of
“probable cause,” the charges were forwarded to the Vice Chancellor with
recommendations that they be referred to the Committee on Privilege and Tenure.
In one of these cases the Vice Chancellor negotiated a settlement.
In addition, the Chair and members of the Committee were
included as members of a special ad-hoc committee convened by the Chair of the
Academic Senate to examine information release regarding confidentiality and
Charges Committee proceedings.
In the upcoming year the Charges Committee will have to
develop new guidelines and procedures for implementation of the revised
Appendix XII regarding evaluation of charges of scientific misconduct and
sexual harassment. In this new revision the Charges Committee will have the
major role in overseeing the administration of complaints in these areas.
Again, the Chair wishes to take this opportunity to thank
all the members of the Committee for their patient and careful deliberations
and their dedication of time and effort to this process. He also thanks Vice
Chancellor Abrams for his assistance in answering questions and interpreting
regulations. Finally, the Committee expresses special thanks to Ms. Judy Nawa for her outstanding assistance and efficiency.
Paul Bergman (F), Law
Scott Chandler, Physiological Sciences
Kym F. Faull, Psychiatry and Biobehavioral
Sciences
Patricia Ganz, Health Sciences
Connie Kasari, Education
Jill Klessig, Medicine
Albert Moore (W & S), Law
Debora Shuger, English
MICHAEL S. LEVINE, CHAIR, Psychiatry and Biobehavioral
Sciences
October 5,
1999