Academic Affairs Policy Manual

Section 1: Faculty

1.13 Suspension and Dismissal

Suspension of Faculty Members

When a faculty member in any unit of the University System is charged with the violation of a State or Federal law, or is indicted for any such offense, the president shall carry out a thorough review of the circumstances. 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 advice to the president within ten (10) days from the conclusion of the hearing.

Dismissal of Instructional Personnel who are not on Contract

Instructional personnel serving without a written contract hold their employment at the pleasure of the President, the Chief Academic Officer, and their immediate supervisor, any of whom may discontinue the employment of such employees without cause or advance notice.

Source: Board of Regents Policy Manual, §§ 803.11 and 803.1101-803.1104

1.13-1 Dismissal of Tenured/Tenure-Track Faculty Members

A tenured faculty member, or a non-tenured faculty member, before the end of his or her contract term, may be dismissed for any of the following reasons provided that the institution has complied with procedural process requirements:

1. 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;
2. Professional incompetence, neglect of duty, or default of academic integrity in teaching, in research, or in scholarship;
3. 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 responsibilities to the institution or to his profession;
4. Conviction or admission of guilt in a court proceeding of any criminal drug offense;
5. Physical or mental incompetence as determined by law or by a medical board of three or more licensed physicians and reviewed by a committee of the faculty;
6. False swearing with respect to official documents filed with the institution;
7. Disruption of any teaching, research, administrative, disciplinary, public service or other authorized activity;

Source: Board of Regents Policy Manual, § 803.1101

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.

Source: This Policy is intended to implement The Drug-Free Public Work Force Act of 1990 (Ga. Laws, 1990, p. 1081).