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FACULTY RIGHTS | No. 9-2 | Rev. 12-1-87 |
| Date 3-7-74 | |||
POLICY
Faculty members possess all the legal rights and responsibilities of citizens; however,
because of their position as seekers and promulgators of knowledge and because that
position can often come under social, religious, political or economic pressures, they
must, for the common good of society at large, be guaranteed certain rights.
A. Faculty members have rights directly associated with the principle of academic
freedom as follows:
1. The right to free inquiry and the unconstrained dissemination of ideas. Such a right
includes complete freedom in research and in publication.
2. The right to full freedom in the classroom in discussing their subject. They may
present any controversial material relevant to their courses of instruction.
3. The right to be free from direct or indirect coercion, intimidation or fear of
reprisal because of new, bold, challenging or unconventional ideas which they have
researched, published or taught.
B. Faculty members have the right to participate in University governance as defined in
PPM 9-1, Academic Freedom/General Principles and other faculty and administration
documents including the following:
1. Approval of curriculum, methods and course content
2. Requirements for degrees
3. Selection of department chairs and certain academic administrators
4. Appointment and promotion of faculty
5. Discipline of faculty and students
6. Determination of evaluation methods for student achievement and for faculty and
administrator performance
7. Determination of teaching responsibilities
8. Determination of departmental governance
9. Consultation regarding budget decisions
C. Faculty members have the right to due process as defined in PPM 9-9, Due
Process/General Statement, in proceedings involving the possibility of disciplinary
action.
D. Faculty members have the right to expect support from the University in keeping
abreast of developments in their fields of specialty. To this end, faculty members can
rightfully expect appropriate policies regarding travel, sabbatical leaves and leaves of
absence. In support of this right, non-teaching assignments shall be kept within
reasonable limits.
E. Faculty members have the right to engage in study or research for its own intrinsic
value apart and aside form any preconceived pragmatic results.
F. Faculty members whose competence may be challenged have the right to expect
notification of the general areas where their academic performance is low so that a
reasonable period of time is available to them to raise their competency to the required
level, keeping in mind that non-tenured faculty hold probationary appointments.
G. Faculty members have a right of individual privacy and protection from unreasonable
searches of the space or equipment assigned to them by the University. Space and equipment
may be recalled or reassigned at the discretion of the University administration.
H. Faculty members, like all citizens, have the right to expect that they will be considered innocent of all charges or complaints brought against them until proven guilty. The accuser shall have the burden of introducing sufficient evidence to support a complaint or formal charge.
I. Faculty members have the right to be judged by their colleagues in matters of
promotion, tenure and discipline in accordance with established due process procedures and
solely on the basis of the faculty member's professional qualifications and professional
conduct. An individual's private lifestyle shall not be a factor in these judgements
unless that lifestyle (1) raises a serious question of the faculty member's ability,
willingness or professional fitness to perform University duties and (2) constitutes a
violation of the standards of behavior listed in PPM 9-3 through 9-8.
J. Faculty members have the right to financial and legal support from the University in
litigation brought against them (e.g., in a civil suit) as a result of the performance of
their duties, according to the provisions of the Utah Governmental Immunity Act. In the
case of due process proceedings brought against a faculty member under the due process
provisions of this policy manual, a non-binding recommendation relative to financial
support for legal services may be made by the Faculty Board of Review in its sole
discretion. Nothing in this section shall be construed to require an award of financial
support by the Faculty Board of Review.
K. All faculty members shall have the right to examine any University records which are
retrievable in their name, with the exception of legally privileged documents or other
documents classified as confidential, according to the laws of the state of Utah.
L. All faculty members have the right to a work place free form unlawful
discrimination. One type of unlawful discrimination is sexual harassment. The following
definition of sexual harassment is adapted form existing EEOC guidelines:
Unwelcome sexual advances, requests for sexual favors and other verbal or physical
conduct of a sexual nature constitute sexual harassment when (1) submission to such
conduct is made wither explicitly or implicitly a term or condition of an individual's
employment or academic advancement, (2) submission to or rejection of such conduct by an
individual is used as the basis for employment decisions or academic decisions affecting
such individual or (3) such conduct has the purpose or effect of unreasonably interfering
with an individual's work or academic performance or creating an intimidating, hostile, or
offensive working or academic environment.
In determining whether alleged conduct constitutes sexual harassment, the record as a
whole and the totality of the circumstances, such as the nature of the sexual advances and
the context in which the alleged incidents occurred, will be examined. The determination
of the legality of a particular action will be made from the facts, on a case-by-case
basis.
Any faculty member who feels that there has been a violation of this policy has the right to take action according to the provisions of PPMs 9-11 and
9-12.