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Appendix B: Procedures for Dismissal for Cause Hearings

The Faculty Appeals Committee uses these procedures in hearings dealing with dismissal for cause. These procedures and the related policies have been developed and adopted by Berea College. The College is bound only by its own procedures and policies, not by the policy statements of any external organization. These procedures are intended to insure fair process, and the hearing is not expected to follow formal rules of a court of law.

  1. The Chairperson of the Committee will schedule, make all arrangements for, and moderate the hearing.
  2. Each party may make use of an advisor who may participate in the hearing and be present during the entire hearing. The advisor must be a full-time member of the faculty, staff, or administration of the College. It is the responsibility of the faculty member to obtain a competent advisor, if he or she wishes to have such advice.
  3. The hearing is confidential and private. Attendance at the hearing will be limited to the Faculty Appeals Committee, the faculty member and an advisor, and the administration’s representative and advisor. Each of the above persons is permitted to be present for the entire hearing.
  4. Documentary material may be submitted by either party in the dispute. These materials should be in the hands of the Committee Chairperson at least seventy-two hours before the formal hearing begins. The Chairperson will distribute all documentary materials to both parties at least forty-eight hours before the formal hearing begins. Submission of such materials after that deadline requires the approval of the Committee. The Committee also may request such materials from either party.
  5. Persons knowledgeable about the situation may be called by either party, or by the Committee itself. A list of persons to be called should be submitted to the Committee Chairperson five class days before the hearing commences. The Chairperson will inform each party of all persons to be called, and will schedule the appearance of such persons. Each party may question any person who appears before the Committee. Attendance of each such person is limited to the time of his or her testimony and response to questions.
  6. The faculty member and his or her advisor should have the opportunity to question all persons who testify orally and to confront all who testify adversely. When unusual and urgent reasons move the Committee to deny this opportunity, or when the knowledgeable person cannot appear, the identity of the person, as well as his or her statements, should nevertheless be disclosed to the faculty member. Subject to these safeguards, statements may, when necessary, be taken outside the hearing and reported to it.
  7. The hearing is tape-recorded, and the Committee and both parties will have access to the tapes. After the Committee makes its recommendation(s), the tapes will be kept in the President’s Office until no longer needed. The President will serve written notice to both parties and the Chairperson to the Faculty Appeals Committee two weeks in advance if the tapes are to be destroyed.
  8. The order of presentation in the hearing will be:
    1. The case for the removal of the faculty member, including persons called to support the case, followed by questions.
    2. The faculty member’s defense, including persons called on his/her behalf, followed by questions.
    3. Persons called by the Committee, followed by cross-examination.
    4. Recall of persons previously consulted, if necessary.
    5. Closing arguments for the removal of the faculty member.
    6. Closing arguments in defense of the faculty member.
  9. Members of the Committee are free at any appropriate time to direct questions to either party or person appearing before the Committee.
  10. When the Committee has heard all the testimony, the hearing is concluded and the Committee meets in executive session to reach its conclusions. Within fifteen days of the end of the hearing, the Committee will report its findings and recommendation(s) to the President of the College.