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/Institutions/MGH-Institute-of-Health-Professions/json/Current/Faculty-Handbook.json

Faculty Handbook 2024-2025 > VIII. Problem Resolution > b. Formal Proceedings

b. Formal Proceedings

Formal proceedings will commence if a resolution cannot be found through any channel of informal proceedings. Formal proceedings will be handled by the Faculty Affairs Committee, a standing committee of the Faculty Senate, which serves as an ad hoc hearing committee to resolve faculty conflicts. More information about the Faculty Affairs Committee can be found in the Faculty bylaws. This committee will be referred to as the Hearing Committee in this document.

 

1. Commenced by an Affected Party
   1. Before informal resolution

      If the complainant believes that the problem cannot be, or would be inappropriate to, resolve via informal proceedings, then they may directly request for formal proceedings to commence by delivering a statement of cause to the provost, with the respondent copied, within 30 calendar days of the incident. The statement of cause should include the following:

      • the name of Complainant,
      • the name(s) of the Respondent(s),
      • a description of the nature and effect of the alleged actions/decisions that have resulted in the complaint,
      • evidence supporting the complaint,
      • a statement of the desired outcome,
      • signature and date.

       

      Upon receipt, the provost, or a delegate, will notify both the complainant and the respondent if the matter will be forwarded for formal proceedings[TLM1], or if the threshold for formal proceedings has not been met, the provost will send the matter for informal proceedings to the appropriate party (AUL, dean, or provost). This determination will be made within 14 calendar days of the provost receiving the statement of cause.

       

      If the problem is being recommended for formal proceedings, then the respondent will have 5 business days to compile a response to the statement of cause. Both the statement of cause and the response will be sent to the Hearing Committee within 14 calendar days of their delivery to the provost.

       

   2. After or during informal resolution

      During any point of an informal resolution process, if either the complainant or the respondent find that informal proceedings will not effectively resolve the problem, they may submit a statement of cause to the provost, with the other party copied on.

       

      The Provost may recommend that informal proceedings continue, or they may recommend that the problem moves forward to formal proceedings. This recommendation will be made within 14 calendar days of the provost receiving the statement of cause. If formal proceedings commence, the party that did not write the initial statement of cause will be able to submit a response under the same timeline outlined in the section above.

       

2. Commenced by an Institute Administrator

   If during informal proceedings, an AUL, dean, or provost finds that the matter is unable to be resolved through informal proceedings or that the matter is of a serious enough nature, then the matter may be sent to the provost for review. The provost may then either take on informal proceedings themselves or assign a delegate to do so, or they may forward the case to the Hearing Committee for formal proceedings.

    

   If the case is being recommended for formal proceedings by an AUL or dean, they will copy both the complainant and the respondent onto their notice to the provost. The claimant will have 5 business days to submit a statement of cause to the provost, with the respondent copied. The respondent will have 5 business days from the receipt of the statement of cause to submit a response to the provost.

    

3. Procedures

If formal proceedings are continued, the Hearing Committee will reach out to affected parties and a hearing will be scheduled to start not more than 30 calendar days after the case was forwarded to the Hearing Committee.

 

1. Suspension during proceedings

   The provost may determine that the suspension of the faculty member from his/her teaching and/or other duties, with or without pay, during the formal proceedings is necessary to avoid immediate harm to the faculty member or to others or to the Institute. Regardless of suspension, paid benefits shall continue during a suspension. If the faculty member is suspended without pay, and the decision of the provost or the board of trustees is favorable to the faculty member, the faculty member shall receive retroactive pay for the period of suspension.

    

2. Hearing Procedures[TLM2]

   The Hearing Committee will begin their proceedings by considering the statement of cause and the response. It the respondent has elected to not submit a response, then the Hearing Committee should inquire into the matter and obtain whatever information it deems appropriate.

    

   Before any hearing begins, the Hearing Committee, in consultation with the provost and the respondent, shall determine whether the formal hearing should be open or private. If the Hearing Committee determines that the formal hearing should be private, the provost, or designee, who may not be an attorney, in their sole discretion, may attend the formal hearing.

    

   If the Hearing Committee determines that there are any facts in dispute, it shall deliver a statement of the facts it deems to be in dispute to the provost, the respondent, and the complainant (and, if the matter involves the department chair, director, or dean, then the department chair, director, or dean) at least 48 hours prior to the commencement of the formal hearing. In addition, the respondent and the complainant involved shall provide any documents which he or she intends to introduce at the formal hearing at least 48 hours prior to the commencement of the formal hearing.

    

   The Hearing Committee shall adopt procedures for the formal hearing and shall notify the respondent and the claimant involved of such procedures. The Hearing Committee shall determine how documents and information will be introduced, conduct the questioning of witnesses, and, if necessary, attempt to secure the presentation of any information which will assist in the fair resolution of the matter. The introduction of all documents and information and the questioning of all witnesses should not exceed a total of eight hours, though an exception can be granted by the Committee, in which case a new time limit will be introduced prior to the start of the hearing. The Hearing Committee shall inform the respondent and the complainant how much time each has been allocated to introduce documents and information and to question witnesses. During the hearing, no information shared during any informal proceedings that preceded the hearing may be presented as evidence. AULs or deans who acted solely in the role of executing informal resolution proceedings may not be called as witnesses during the hearing.

    

   The respondent and the complainant involved may be accompanied to the hearing by only one advisor who may not be a witness but who shall be a member of the faculty or administration of the Institute. If the advisor is an attorney, they may not act in the capacity of an attorney during the hearing.

    

   No party to the hearing shall be entitled to representation by an attorney at the hearing. However, the Hearing Committee, in its discretion, may engage counsel to be present at the hearing for the purpose of advising it on procedural matters.

    

3. Hearing Committee Recommendations

   The Hearing Committee shall deliberate privately in conference and shall consider only the documents and information introduced at the formal hearing. Before its deliberation, the Hearing Committee shall provide the respondent, or their advisor, and each person involved, including the complainant, the opportunity to make a statement orally. The Hearing Committee shall make explicit findings with respect to each basis set forth in the statement(s) of cause. The Hearing Committee shall submit its recommendation(s) together with its findings and the reasons therefore in writing to the provost, the respondent, and the complainant.

    

   The Hearing Committee may recommend that the respondent be dismissed immediately or dismissed at the end of the current academic year. The Hearing Committee may recommend the imposition of a less severe sanction on the respondent including, without limitation, suspension with or without pay, for a stated period of time, or a formal written reprimand. Conversely, the Hearing Committee may recommend that no sanction be imposed on the respondent. The Hearing Committee may also make such other recommendations as it deems just and proper.

    

   The recommendation(s), finding(s) and reason(s) of the Hearing Committee shall be submitted to the appropriate individuals within seven calendar days of the conclusion of the formal hearing. The proceedings and outcomes are confidential and shall be released to those with official reason to know.

    

4. Provost’s Decision

The decision of the provost shall be delivered to respondent and the complainant involved in writing. If the decision of the provost is not to follow the recommendation(s) of the Hearing Committee, the provost shall state the reason(s) in writing and deliver the statement to the Hearing Committee, the respondent, and claimant within 7 calendar days of the provost’s receipt of the Hearing Committee’s recommendations.

 

The Provost’s decision will be considered final, except if the respondent or claimant is able to:

• Find a clear example of someone violating any aspect of this policy during the hearing
• Discovers new evidence that may have changed the outcome of the hearing

 

If either instance occurs, the respondent or claimant must present the violation or new evidence, in writing, to the provost and the other party within 7 calendar days of the receipt of the provost’s decision. The provost will then review the new materials and either recommend the problem go back to the Hearing Committee for another hearing and a new recommendation or they may offer a new decision. This new decision from the provost will be final.