Formal Charges

Preliminary Evaluation of Charges
The administrator with whom the charge is filed will determine within 30 calendar days of receiving a charge whether the charge warrants further investigation. If the administrator decides that the accusation should be dropped, he or she shall notify the individual who filed the charge. Should the individual filing the charge disagree with the administrator, he or she may request, in writing, within 10 working days, that the administrator refer the charge to a panel of three administrators designated to receive charges in V.B.3., one each to be selected by the administrator with whom the charge was filed, the accused, and the accuser. All such requests will be granted. Within 30 calendar days of the charge being referred to the panel, the panel shall review the charge and information, and direct the administrator either to terminate further action or proceed with an investigation in accordance with V.D.

Action by the Administrator
If the administrator determines that the charge warrants investigation, he or she will appoint a designee to conduct one. The administrator shall provide written notification to both the accused and the accuser of the name of the appointed investigator. The accused, and the accuser, may request once each that the investigator be disqualified for bias or conflict of interest. To be considered, this request must be in writing and delivered to the administrator within seven (7) working days of notification. The administrator will then decide whether the investigator is to be disqualified, and his/her judgment is final. If a new investigator is appointed, the administrator shall provide written notification to both the accused and the accuser of the name of the new investigator. The administrator shall also provide written notification to the accused of the charges and who filed them. The investigator shall then consult with the accused and perform such fact finding activities as might be necessary.  Both the accused and the accuser have the right to be accompanied by an adviser when meeting with the investigator and throughout the procedures described in this document. The administrator shall ensure that investigator’s report is received, and one of the following actions is taken, within a reasonable period – and no later than one year – of decision to investigate:

1. If the administrator determines that action is not warranted, he or she shall, in writing, notify both the accused and the accuser.  Should the accuser disagree with this decision, the accuser may request, in writing, that the administrator refer the charge and all information obtained by the investigator to a panel of three administrators designated to receive charges in V.B.3., one each to be selected by the administrator, the accused, and the accuser.

All such requests will be granted. Within a reasonable period-and no later than six months-of the charge being referred to the panel, the panel shall review the charge and information obtained upon investigation by the administrator or by the panel (if it deems further investigation desirable), and direct the administrator either to terminate any action or proceed under V.D.2.

2. If the administrator decides that the charge warrants further action, he or she shall proceed by one of the following alternatives:

a. If the administrator determines that the charge has been substantiated, but is insufficient to cause Separation or Dismissal, he or she shall Censure, assign Public Service and/or Educational Experience, place the accused member on Probation, or any combination of these actions. If the accused member disagrees the penalty is warranted, he or she may request, in writing within 10 days of receipt of notification of the action, that the administrator refer the case to the University Hearing Board. The administrator shall honor this request.

b. If the administrator determines that the charge is of such nature that conviction would subject the accused member to possible Separation or Dismissal from the University, the administrator shall, except as immediately noted, refer the case to the University Hearing Board. If the accused states in writing that he or she waives the right to a hearing and agrees to accept the decision of the administrator without appeal, then the administrator will decide the case and appropriate penalty.