The University of Texas Health Science Center at Houston (UTHSC-H) recognizes its responsibility to show good cause before terminating the employment of a tenured faculty member, or of any other faculty member, prior to the expiration of that individual's appointment. Each case in which an untimely termination is at issue will be determined by an equitable procedure, designed to protect both the rights of the individual and the interests of the UTHSC-H.a
In cases of incompetence, gross immorality, felony, or in which the facts are admitted, the faculty member involved will be dismissed. If the president determines that the nature of the charges and evidence are such that it is in the best interest of the institution, he or she may suspend an accused faculty member with pay pending the completion of the hearing and final decision of the Board.
Separation from the institution by resignation or retirement does not obligate the UTHSC-H to show good cause as defined in this policy.
A person appointed to a UTHSC-H faculty position with the title of instructor, assistant professor, associate professor, or professor may not, during the term of such appointment, hold a tenured position on the faculty of another educational institution outside the UT System. The UTHSC-H and UT System require an appointee to a position with any of the above titles to resign any tenured position that an appointee may then hold on the faculty of an educational institution outside the System. Such resignation must be completed and effective prior to the effective date of the appointment at the UTHSC-H; otherwise, the appointment to the UTHSC-H faculty will be void. The acceptance of appointment to a position with tenure on the faculty of an educational institution outside the UT System will be considered as a resignation of any faculty position with the title of instructor, assistant professor, associate professor, or professor, and does not obligate the UTHSC-H to show good cause as defined in this policy.
In cases of termination as a result of academic program closure or abandonment, refer to policy 2.56 Academic Program Closure.
The following procedures will be initiated in all cases involving charges in which the facts are in dispute.
The executive vice president for academic affairs (EVPAA) will review all allegations against a faculty member that involve the potential for termination. In cases of alleged incompetence, the EVPAA will review the allegations to ensure they are based on job performance and job-related conduct and not in conflict with equal opportunity policy (refer to 2.18, Equal Employment Opportunity). The EVPAA will offer the faculty member an opportunity to be interviewed prior to making a determination as to whether or not the allegations are supported by evidence that constitutes good cause for termination. The accused individual will be informed in writing of the charges directed against him or her.
The EVPAA will recommend to the president whether to proceed with charges for termination. A tenured faculty member who is recommended for termination on the basis of periodic evaluation must be given the opportunity for referral of the matter to nonbinding alternative dispute resolution, as required by the Texas Education Codeb and in compliance with applicable UT System and UTHSC-H policies and procedures for alternative dispute resolution, prior to referral of the charges to a hearing tribunal (outlined below).c A faculty member under review for matters that may result in charges for termination may file a grievance pursuant to a faculty grievance procedure only if the subject of the grievance is not involved in the review. A pending grievance may proceed only if it does not involve a subject under review.
If the president determines that the allegations are supported by evidence that constitutes good cause for termination, he or she will meet with the faculty member, explain the allegations and supporting evidence, and give the faculty member a reasonable amount of time, as determined by the president, to respond either orally or in writing. In cases of incompetency or gross immorality, where the facts are admitted, or in the case of a felony conviction, the hearing procedures will not apply and dismissal by the president will follow.
The president of the UTHSC-H will appoint a tribunal to hear the accusation, giving reasonable notice to the individual concerned.
Members of the tribunal for individual hearings will be selected by the president from a standing panel. The membership of this panel will be composed of nine tenured members of the faculty, with six chosen by the Interfaculty Council (IFC) and three by the president.
Nine tenured members of the faculty, selected as follows:
The president will select at least one appointee from those nominated by the IFC for membership of each tribunal. The academic rank of the tribunal's membership will be at least equal to that of the accused individual. Members of the tribunal will select one member to serve as chair of the tribunal.
No person who accuses the faculty member may be included in the tribunal's membership.
The accused may challenge the ability of any member or members to serve fairly or objectively. The challenge from the faculty member must be made in writing to the tribunal at least three (3) working days prior to the first scheduled meeting of the hearing.
Each appointee who is challenged in this way must determine whether or not he or she can serve with fairness and objectivity; if a member voluntarily disqualifies himself or herself, the president will appoint a substitute member from the panel. The accused has no right to disqualify anyone from serving on the tribunal.
The accused has the right to appear in person at each hearing and is entitled to the selection and use of counsel at the accused's expense. If the accused is represented by counsel, the institution is entitled to representation by counsel from the UT System Office of General Counsel or a university attorney.
The accused has the right to confront and to cross-examine witnesses who may appear; the right to testify, though he or she may not be required to do so; and the right to introduce all evidence, written or oral, that is relevant to the defense.
A representative of the institution may appear before the tribunal to present witnesses and evidence against the accused and in support of the charge. This representative has the right to cross-examine the accused (should the accused exercise the right to testify) and the witnesses offered on behalf of the accused.
The institution has the burden to prove good cause for termination by the greater weight of the credible evidence.
A record of the proceedings (either stenographic or electronic) will be kept. The record is to be filed with the UT Board of Regents and is to be made accessible to the accused.
The tribunal is charged with generating the following information (by a majority decision of its total membership) for consideration by the UT Board of Regents:
The UT Board of Regents will receive the original documentation of all the above-mentioned materials; the accused will receive a copy. Any minority findings, recommendations, or suggestions generated by the tribunal will be delivered in similar fashion. The original transcript of the testimony and the exhibits shall also be forwarded to the Board.
The UT Board of Regents, by a majority of its total membership, will approve, reject, or amend the tribunal's findings, recommendations, and suggestions, if any, or will recommit the report to the same tribunal to hear additional evidence and reconsider its findings, recommendations, and suggestions. Reasons for approval, rejection, or amendment will be stated in writing and communicated to the accused.
aRules and Regulations of the Board of Regents of The University of Texas System, Series 31008, Termination of a Faculty Member. bTexas Education Code,Section 51.942. cRules and Regulations of the Board of Regents of The University of Texas System, Series 31008, Termination of a Faculty Member.
Updated 01/05; 08/07