2.12 Faculty Rights and Privileges

2.12.1 Academic Freedom and Civil Liberties

One of the vital activities of a university is the critical examination of ideologies and institutions. It is essential that faculty members have the right to express their views responsibly without fear of censorship or penalty. The University defines academic freedom as:

1. the right to unrestricted exposition of subjects (including controversial questions) within one's field, both on and off the campus, in a professionally responsible manner; and

2. the right to unrestricted scholarly research and publication in a professionally responsible manner within the limits imposed by the acknowledgment of teaching as a faculty member's obligation and the limits imposed by the resources of the institution.

The University is fully aware that faculty members must enjoy, in addition to academic freedom, the same civil liberties as other citizens. In the exercise of their civil liberties, faculty have an obligation to make clear that they are not representing the institution, its Board, or the Commonwealth of Virginia. All employees have an obligation to avoid any action which appears or purports to commit the institution to a position on any issue without appropriate approval.

Decisions in such faculty personnel actions as initial appointment, reappointment, and promotion will not be affected by non-academic considerations.

2.12.2 Grievances

2.12.2.1 Policies Concerning Grievances

Each college, school and institute is required to have a standing committee charged to hear grievances concerning (i) alleged violations of academic freedom; (ii) other conditions of employment, such as work assignments, salaries, facilities, and support services (exceptions are those types of cases treated in Sections 2.10.2.2 and 2.10.2.3); and (iii) charges of unprofessional or unethical conduct brought by one faculty member against another¹. These committees are particularly charged to be alert to instances of inequitable treatment. In cases alleging discrimination in violation of federal or state law or University regulations, the committee must consult the University Equity Office early in the process.

In addition to hearing specific cases, the committees may initiate, as they deem necessary, discussions with appropriate administrators about any matters that fall within the committees' purview. In the course of such discussions, however, they may not commit the faculties of their units to changes in grievance policy unless specifically authorized to do so.

At their discretion, academic departments may also establish grievance committees. Their procedures should be similar to those of the collegiate committees.

2.12.2.2 Grievance Procedures

In cases of alleged violations of academic freedom (except those related to matters of promotion and tenure, for which Section 2.9 applies), the following procedures apply:

1. Before the grievance itself is considered, the petitioner must make a prima facie case to the committee.

2. If such a case is made, the committee is charged to investigate the facts of the case and to make a recommendation to the faculty of the college, school or institute.

3. The faculty of the college, school or institute acts on the recommendation by formal vote.

4. If the grievance is against an administrator below the school, college or institute level, the recommendation is forwarded to the dean or institute director, whose decision in the matter is final. If the grievance is against a dean or director, the faculty's recommendation is forwarded to the Provost, whose decision in the matter is final. If the grievance is against the Provost, the recommendation is forwarded to the President, whose decision in the matter is final.

The procedures to be followed in other types of grievance cases are the same, except that the committee forwards its findings and recommendation directly to the appropriate administrator for final action if the grievance is against an administrator. If the grievance is against a fellow faculty member, the grievance committee's decision is final.

In all types of cases, procedures will reflect the fundamental principle of due process that prohibits people from sitting in judgment of their own actions, if those actions are challenged, i.e., grieved or appealed.

The section on "Policies Concerning Grievances" does not apply to the resolution of research misconduct allegations, which is governed by University Policy 4007 -- Misconduct in Research and Scholarship, at Appendix G."