Systemwide Review of The Faculty Code of Conduct & Administration of Discipline (APM 015 and 016)

October 05, 2016

By Pamela Peterson, AVC Academic Personnel 

SENATE FACULTY

Dear Colleagues:

RE:     Systemwide Review of Proposed Revisions to UC Systemwide Academic Personnel Manual: APM 015, The Faculty Code of Conduct, and APM 016,
University Policy on Faculty Conduct and the Administration of Discipline

The University invites comments on proposed revisions to the above-referenced systemwide Academic Personnel Policies.  The proposed revisions represent changes to policy recommended by the Joint Committee of the Administration and Academic Senate, a committee convened by President Napolitano in October 2015 “to examine how the University of California manages disciplinary proceedings for faculty respondents in cases alleging sexual violence, sexual assault or sexual harassment (SVSH).”  The Committee provided multiple recommendations to President Napolitano, and she accepted all of them, including proposed changes to these two sections of the Academic Personnel Manual (APM).  The Academic Senate is also undertaking review of related changes to Senate Bylaw 336. 

This systemwide review is required before adopting any changes to APM policy.  Please submit your comments on these proposed revisions no later than Friday, December 9, 2016, and direct them to Susan Fellows, Academic Personnel Office, at sfellows@ucsc.edu

The key revisions are briefly described below: 

APM 015, The Faculty Code of Conduct

  • Proposed revisions add explicit language to clarify that sexual violence and sexual harassment, as defined by University policy, are violations of The Faculty Code of Conduct. Given the organization of APM 015, this entails the addition of such language in three different places:  Part II.A, C, and D, Types of Unacceptable Conduct.
  • Proposed revisions clarify what the “three year rule” is and is not (Part III.A.3).  Amended language clarifies: 1) when the Chancellor is deemed to know about an alleged violation; 2) when the Chancellor must initiate any related disciplinary action; 3) how the related disciplinary action is communicated to the respondent; and 4) that there is no time limit for complainants to report an alleged violation. 

APM 016, University Policy on Faculty Conduct and the Administration of Discipline

  • Proposed new timeline imposes a 5-working day deadline after the imposition of involuntary leave with pay for the Chancellor to inform the faculty member of the reasons for the leave, the allegations being investigated, the anticipated date when charges will be brought, a statement concerning when the leave will end, and that the faculty member’s right to grieve being placed on involuntary leave with pay will be handled by the Privilege and Tenure Committee on an expedited basis (Section II, Types of Disciplinary Sanctions).
  • Proposed change in authority from The Regents to the President to suspend the pay of a faculty member on involuntary leave pending a disciplinary action (Section II, Types of Disciplinary Sanctions).

UCOP Academic Personnel has provided both a clean and redline version of these proposed revised policies, which are available online at our campus APO website at:  http://apo.ucsc.edu/policy/policy-under-review.html; see the APM – UC Systemwide section.

Again, please submit your comments on these two proposed revised systemwide academic personnel policies no later than Friday, December 9, 2016.  Please direct them to Susan Fellows, Academic Personnel Office, at sfellows@ucsc.edu.

Sincerely,

Pamela G. Peterson
Associate Vice Chancellor
Academic Personnel

cc:

Chancellor Blumenthal
Senate Chair Einarsdottir
CP/EVC Galloway
Academic Senate Office
Administrative Records
Deans
Department and Program Chairs
Department and Program Managers
Divisional Academic Personnel Coordinators