V605.07 Faculty Discipline Policy

I. Purpose and Scope

High quality teaching, scholarship, professional service, and citizenship are all integral parts of Valley City State University (VCSU or University). The University is also responsible for complying with federal and state laws, policies, and rules. When a faculty member engages in inappropriate behavior or misconduct, the University may impose corrective actions.

This policy states VCSU’s policy on progressive discipline for faculty members.

II. Definitions

Faculty: tenured faculty, probationary appointments, special appointments, and adjuncts
Disciplinary Actions include but are not limited to
1. Verbal counseling
2. Written warning
3. Mandatory training/professional counseling
4. Reassignment to other duties
5. Reassignment of department
6. Restitution
7. Placement of the faculty member under direct supervision of the unit administrator with a specific plan for remediation for a specific period of time
8. Loss of summer teaching employment or overload teaching opportunities
9. Loss of rank
10. Loss of merit raise
11. Reduction in salary
12. Termination

C. Misconduct: Behavior that impairs the functions of teaching, research and creative activity, or service. As it is impossible to foresee all types of misconduct, examples of such misconduct include, but are not limited to, the following:

Neglect of duty or failure to perform the terms of employment for reasons other than documented disability, illness, or injury;
Violation of the University policies, State Board of Higher Education policies, or state or federal law;
Action(s) that impair or prevent other members of the University community from fulfilling their responsibilities or that create a clear and present danger to members of the University community;
Intellectual dishonesty;
Theft or misuse of University property;
Incompetence;
Refusal to perform reasonable assigned duties;
Use of professional authority to exploit others;
A breach of recognized published standards of professional ethics;
Misrepresentation of authority or other conduct intended to deceive or to assist another to deceive others;
Interference with or disruption of the efficiency or morale of educational programs, workplaces or organizational units, including actions that violate expectations for civil conduct among professors and when working with students, or not exercising appropriate restraint and showing respect for the opinions of others; or
A faculty member’s conduct that falls outside the scope of employment shall constitute misconduct when the activity adversely affects the mission or reputation of the university.

D. Retaliation: Adverse action taken against an individual for making a good faith report of prohibited conduct or participating in any investigation or proceeding under these procedures. Retaliation may include: intimidation, threats, coercion, or adverse employment. Retaliation may be found even when an underlying report made in good faith was not substantiated.

VCSU prohibits retaliation by its faculty and staff against a person who reports misconduct.

III. Applicability

This policy applies to all tenured faculty, probationary appointments, and special appointments.

This policy does not apply to cases involving allegations or findings that a faculty member has violated V603.01.01 Prohibited Discrimination, Harassment, and Sexual and Related Misconduct. In these cases, V603.01.01 Prohibited Discrimination, Harassment, and Sexual and Related Misconduct policy and procedure will apply.

Likewise, this policy does not apply to cases where suspension without pay, termination, demotion, salary reduction or loss of salary, or restriction or loss of privileges imposed as a formal disciplinary measure is being considered. In these instances, V605.03 Nonrenewal, Termination, or Dismissal of a Faculty Member policy and procedure will apply.

IV. Disciplinary Action

The University may initiate disciplinary action if the faculty member has violated institutional or SBHE policy, state or federal law, or demonstrated conduct inconsistent with expectations of a member of the University community. Misconduct falls into two areas:

A. Egregious misconduct. This refers to policy violations that place students, employees, or the reputation of VCSU at risk The President may immediately place a faculty member on administrative leave pending an investigation of alleged misconduct. The leave pending investigation shall commence immediately upon the President providing the faculty member with a written notice of the reasons.

B. General Misconduct. This refers to misconduct based on VCSU policies or written departmental guidelines and agreements. A range of corrective actions may be imposed on a faculty member; however, the severity of discipline will not exceed a level that is reasonably commensurate with the severity of the misconduct.

Department chairs should routinely provide corrective counsel and direction through verbal or written means for any concerns regarding a faculty member’s conduct or performance. The purpose of progressive discipline is to correct problems in a faculty member’s performance. If progressive discipline does not result in alleviation of the problem, or if the faculty member refuses to take the counsel provided or comply with the requirements specified, the next step may be non-renewal of the yearly contract or involuntary termination as outlined in V605.03 Nonrenewal, Termination, or Dismissal of a Faculty Member.

The department chair should move from an informal to a more formal method of corrective counsel and discipline if:

A minor concern is not corrected through informal verbal or written counsel;
A minor concern becomes persistent or pervasive;
A pattern of multiple minor concern becomes collectively significant;
A concern or incident is serious in nature; or,
A concern that was addressed or corrected in the past recurs.

As a general guide, progressive discipline for “general misconduct” may use the following procedure. However, every situation is different and need not follow the specific steps outlined below:

First offense. Verbal counseling, completed by the department chair in a face to face meeting and documented via a follow-up email with the VPAA cc’d.
Second offense. Faculty and chair meeting with the VPAA to discuss the concern; VPAA issues a written warning or other disciplinary action. Documentation of the written warning or action is placed in the faculty member’s personnel file. The faculty member receives a copy.
Third and following offenses. Faculty and chair meet with the VPAA to discuss the concern; VPAA issues a disciplinary action, up to and including termination (depending on severity of the series of offenses). Documentation is placed in the faculty member’s personnel file; the faculty member receives a copy.

V. Faculty rights regarding disciplinary documents placed in the personnel file

A document may only be placed in a personnel file after the faculty member has had an opportunity to read the material and has signed that they have read it. If the faculty member refuses to sign the copy, a University representative shall indicate on the copy that the faculty member was shown the material, was requested to sign the copy, and that the faculty member refused to sign the copy to be filed. The faculty member may file an answer to the material. Rights to respond to a performance review or to a letter of reprimand or other document placed in a personnel file are set forth in N.D.C.C. § 54-06-21.

VI. Invoking the Faculty Grievance Policy

If any administrative action is taken which directly limits any term or condition of employment, the faculty member may grieve that action under the Faculty Grievance Policy, V612.

Grievances must be filed with the chair of the Standing Committee on Faculty Rights within 20 calendar days of the alleged policy violation.

Sponsored by: Vice President for Academic Affairs

Established: March 2022