1.13 Suspension and Dismissal
The president of an institution may at any time remove any faculty member or other employee of an institution for cause. Cause shall include willful or intentional violation of the policies of the Board of Regents or the approved statutes of an institution. Further causes or grounds for dismissal are set forth in the tenure regulations of the policies of the Board of Regents and in the approved statutes or bylaws of an institution (BoR Minutes, 1974-75, pp. 304-313; 1982-83, p. 23).
When a faculty member of any USG institution is charged with the violation of a state or federal law, or is indicted for any such offense, a thorough review of the circumstances shall be carried out by the president.
In the event a faculty member is temporarily suspended, the administration shall immediately convene an ad hoc faculty committee or utilize the services of an appropriate existing faculty committee for the purpose of hearing an appeal by the faculty member. The appeal shall be submitted in writing in accordance with procedures to be established by the hearing committee, which shall render its decision within ten (10) days from the conclusion of the hearing. Thereafter, any further appeal by the faculty member shall be in accordance with the procedures set forth in Article VIII of the Bylaws of the Board of Regents (BoR Minutes, 1969-70, p. 394).
Dismissal of Limited-Term or Part-Time Instructional Personnel
Limited-term or part-time personnel serving without a written contract hold their employment at the pleasure of the president, chief academic officer, or their immediate supervisor, any of whom may discontinue the employment of such employees without cause or advance notice (BoR Minutes, 1986-87, p. 103).
1.13-1 Grounds for Removal§
A tenured or non-tenured faculty member may be dismissed before the end of his/her contract term for any of the following reasons, provided that the institution has complied with procedural due process requirements:
- Conviction or admission of guilt of a felony or of a crime involving moral turpitude during the period of employment—or prior thereto if the conviction or admission of guilt was willfully concealed.
- Professional incompetency, neglect of duty, or default of academic integrity in teaching, in research, or in scholarship.
- Unlawful manufacture, distribution, sale, use or possession of marijuana, a controlled substance, or other illegal or dangerous drugs as defined by Georgia laws; teaching or working under the influence of alcohol which interferes with the faculty member’s performance of duty or his/her responsibilities to the institution or to his/her profession (BoR minutes 1989-90, pp.384-385).
- Conviction or admission of guilt in a court proceeding of any criminal drug offense (BoR Minutes, 1989-90, pp. 384- 385).
- Physical or mental incompetency as determined by law or by a medical board of three (3) or more licensed physicians and reviewed by a committee of the faculty.
- False swearing with respect to official documents filed with the institution.
- Disruption of any teaching, research, administrative, disciplinary, public service or other authorized activity.
- Such other grounds for dismissal as may be specified in the Statutes of the institution.
Each institution, as a part of its statutes, may supplement Regents’ policies governing causes for dismissal and procedures for dismissal. Each institution should provide for standards governing faculty conduct, including sanctions short of dismissal, and procedures for the implementation of such sanctions. In the imposition of sanctions, the burden of proof lies with the institution (BoR Minutes, 1951-52, pp. 315-319, pp. 159-60; 1966-67, p. 206; 1969-70, pp. 21-22; 1974-75, pp. 304-313; 1982-83, p. 254).
1.13-2 Voluntary Disclosure of Drug Use§
If, prior to arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, an employee notifies his or her immediate supervisor that he or she illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse and education program approved by the institution President, such employee shall be retained by the institution for up to one year as long as the employee follows the treatment plan. Retention of such employee shall be conditioned upon satisfactory completion of the program.
The employee’s work activities may be restructured if in the opinion of the immediate supervisor it is deemed advisable. No statement made by an employee to a supervisor or other person, in order to comply with this policy shall be admissible in any civil, administrative or criminal proceeding as evidence against the employee. The rights herein granted shall be available to a System employee only once during a five-year period and shall not apply to any such employee who has refused to be tested or who has tested positive for a controlled substance, marijuana, or a dangerous drug.
- This Policy is intended to implement The Drug-Free Public Work Force Act of 1990 (Ga. Code Ann. 45-23-1 et seq.)
- Board of Regents Policy Manual, § 8.2.18