Dismissal for Due Cause
Dismissal for Due Cause
Tenure may be terminated by honorable retirement, acceptance of resignation, or dismissal for due cause. Dismissal for due cause, as defined by the University of Illinois Statutes, Article X, Section 1d, is deemed to exist only if: (1) a faculty member has been grossly neglectful of or grossly inefficient in the performance of his/her university duties and functions; (2) with all due regard for statutory freedoms and protections, a faculty member’s performance of his/her university duties and functions or his/her extramural conduct is found to demonstrate clearly and convincingly that the individual can no longer be relied upon to perform his/her university duties and functions in a manner consonant with professional standards of competence and responsibility; or (3) a faculty member has, during his/her employment by the university, illegally advocated the overthrow of the constitutional form of government by force or violence.
When it appears to the president that cause for the dismissal of an appointee may exist, the president will consult with the appropriate campus Faculty Advisory Committee. If it is determined that dismissal proceedings should be instituted, the president or his/her delegate will file written charges with the clerk of the Senate, who will see that the appointee receives a copy of the charges. The appointee may file with the Clerk of the Senate a request for a hearing before the Committee on Academic Freedom and Tenure (CAFT) and a detailed written answer to the statement of grounds for dismissal. At the appointed time and place, the CAFT will hold a closed hearing on the charges. If the committee recommends that charges be dropped and the president concurs, the case will be considered closed. If the case is not closed at this point, or if the appointee did not file a request for a hearing before the CAFT, the president may cause the charges to be filed with the Secretary of the Board of Trustees. The Secretary will notify the appointee of the filing of charges and the appointee may file with the Secretary a written request for a hearing before the Board of Trustees. The appointee will have the right to appear at the hearing with counsel, if so desired, to reply to the charges and to present evidence on his/her behalf. If the board concludes that the appointee should be dismissed or asked to resign, the effective date of such dismissal or resignation will not be less than one year from the date of the Board’s decision, unless the Board determines that an earlier effective date is justified by the gravity of the appointee’s cause for dismissal.