BRYN MAWR COLLEGE

The purpose of the review process is to provide a means of procedural review for a member of the General Faculty who, having been denied tenure by the action of the Board of Trustees, believes that a serious procedural error has occurred in the reappointment process which has affected the deliberations of the Committee on Appointments and its recommendation to the President, and who has decided to press a formal claim for review by a Special Committee on Review of Tenure Appointments Procedures (hereinafter the "Special Committee") to be established as provided by the By-Laws of the General Faculty C.3.b. (hereinafter "the By-Law").

A claim of procedural error may only be made:

• when the Procedures for Reappointment state that the College "shall" or "will" or "must" take a particular action and that action has not been taken, or
• when the Procedures for Reappointment state that the College "shall not" or "will not" or "must not" take a particular action, and that action has been taken.

A formal review of procedural matters by a Special Committee should be undertaken only if an informal resolution of the issues cannot be achieved through discussions with the President, the Provost, and the Committee on Appointments within two weeks of notification of non-reappointment. Since the Committee on Appointments provides advisory oversight of the departmental evaluation of a faculty member, claims of denial of academic freedom should be presented directly to the Committee on Appointments. Claims of discrimination based on race, color, religion, sex (including sexual harassment and sexual orientation), age, national origin, or handicap should be resolved under the Appointment-Related Equal Opportunity Grievance Procedures for Faculty of Bryn Mawr College. In deciding among the various courses of action, a faculty member may find it helpful to choose an advisor from among his colleagues for confidential discussion and support.

The procedural review process is divided into three stages consisting of:

• Initial Procedures (following a faculty member's private conference with the President and the Provost) involving consultation with the Secretary of the General Faculty (hereinafter the "Secretary") and the establishment of a Special Committee;
• Proceedings before the Special Committee to determine in the first instance whether the claim of the faculty member (hereinafter the "Petitioner") is (or might on further investigation prove to be) procedural rather than substantive inasmuch as under the terms of the By-Law no substantive issue may be entertained as a ground for review by a Special Committee, and in the second instance (assuming the claim is found, or might on further investigation prove, to be procedural) to determine
  • whether a procedural error has in fact occurred as claimed and
  • whether such error was sufficiently serious to have significantly affected the outcome of the reappointment process; and
• Post-hearing Disposition of the case following the submission of a report of the Special Committee on its findings to the President.

Role of the Secretary of the General Faculty
The Secretary of the General Faculty shall serve as consultant to a Petitioner and shall provide such information, advice and counsel as may be necessary. The Secretary shall be responsible for preparing an accurate and timely list of the members of the General Faculty who are eligible to serve on a Special Committee as provided by the By-Law, and shall carry out all other duties necessary for establishing a Special Committee. The Secretary shall also serve as custodian of the reports of Special Committees as provided below.

Role of the Provost
The Provost, or designated representative, shall be present at all proceedings before the Special Committee and the submissions of the Petitioner.

Procedures

1. Within two weeks of receipt of written notice of non-reappointment, the Petitioner should confer with the Secretary who shall provide the Petitioner with a copy of these Guidelines and a copy of the By-Law. Within one week of receipt of these documents, the Petitioner should inform the Secretary in writing whether or not the Petitioner wishes to go forward with a claim of serious procedural error affecting consideration of the Petitioner's case by the Committee on Appointments and the President. If the Petitioner decides to press such a claim, the Petitioner should transmit at the same time a written initial statement of the claim to the Secretary who shall forward a copy to the Provost.
2. The Provost should immediately acknowledge in writing receipt of the copy, of which acknowledgment the Secretary shall forward a copy to Petitioner.
3. Without delay the Secretary should provide the Petitioner and the Provost with a list of members of the General Faculty who are eligible to serve on the Special Committee as specified in the By-Law. In order to protect confidentiality and the privacy of the Petitioner, it is expected that neither the Petitioner nor the Provost shall discuss the case with potential members of the Special Committee before the Committee is formed.
4. Within three business days after receiving the list from the Secretary, the Petitioner and the Provost should each submit to the Secretary a slate of five eligible members of the General Faculty. The Secretary shall without delay ascertain whether all ten members suggested are willing to serve on the Special Committee. If any refuse, the Secretary should consult, as the case may require, with the Petitioner and/or the Provost in order to procure additional names until each party has completed a slate of five members willing to serve.
5. The Secretary should immediately convey to the Provost the slate of the Petitioner and vice versa. Within three business days thereafter the Petitioner and the Provost should choose one from the other's slate and inform the Secretary of their choices. The Secretary having immediately informed the faculty members so chosen, shall provide them with a list of all members of the General Faculty eligible to serve on the Special Committee. She or he should arrange for the two chosen members to meet together to choose a third member, who shall be Chair of the Special Committee. The Secretary shall inform the third member of this selection and ascertain whether she or he is willing to serve. In the event of refusal, the process should be repeated until a third member is found. The Chair should be chosen not later than ten business days after the Petitioner and Provost have submitted their initial slates to the Secretary.

Role of the Special Committee

• The purpose of the Special Committee is to provide an independent review of the Petitioner's claim of procedural error(s) in the reappointment process, to investigate all the facts necessary for a fair and accurate consideration of the Petitioner's claim, and to advise the President of its findings.
• It is the responsibility of the Special Committee to conduct such hearings as may be necessary to carry out these purposes and to insure that the parties and witness are protected against unreasonable inconvenience.
• The Special Committee shall first determine whether the error claimed is procedural in nature. In the event that the alleged error(s) is found to be procedural, the Special Committee shall determine whether the alleged error(s) occurred in fact, and, if it occurred, whether the error(s) was sufficiently serious to have affected significantly the recommendations and decisions subsequent to it.
• The findings of the Special Committee in these and such other matters as it may be necessary to determine shall not be subject to appeal within the college.

Role of the Chair of the Special Committee

• It is the responsibility of the Chair of the Special Committee (herein after the "Chair") to insure that the obligations of the Special Committee specified throughout this section on the Proceedings are carried out and that the procedures and schedules are adhered to.
• The Chair shall obtain in advance of any session of the hearing(s) a list of the names of the witnesses which the Petitioner and the Provost wish to call, and shall notify such witnesses in writing of the nature of the testimony needed, the date of the session, and the procedures to be followed.
• The Chair shall preside at the hearing(s) and meetings of the Special Committee, and shall have the authority to limit irrelevant, repetitive or otherwise objectionable questioning of witnesses.
• In case of dispute between members of the Special Committee during the conduct of the hearing, the decision of the Chair shall be final.
• The Chair shall have custody of all written statements and documents presented in the course of the hearing(s), and shall be responsible for insuring that they are destroyed after the report of the Special Committee's findings has been distributed as provided below.
• During the deliberations of the Special Committee specified below the Chair shall be responsible for insuring that members of the Special Committee have available the reports of previous Special Committees to assist in the writing of the Special Committee's report for which the Chair shall assume responsibility.

• As soon as the members of the Special Committee have been chosen, the Chair should convene the Special Committee as promptly as possible so that the first hearing may be held not later than five business days after the selection of the Chair. The Chair shall notify promptly and in writing the Petitioner and the Provost of the hearing date. The date so set for this or any other hearing in the review process may be postponed upon mutual agreement of the Provost and the Petitioner or for good cause shown.
• If the Special Committee finds that the alleged error(s) is not procedural there can be no further review, and the Special Committee shall advise the President and inform the Petitioner and the Provost of its findings.
• If the Special Committee finds that the alleged error(s) is (or might on further investigation prove to be) procedural, it should proceed to determine whether the alleged error(s) did in fact occur.
• If the Special Committee finds that the alleged error(s) did not in fact occur, it should advise the President and inform the Petitioner and the Provost of its findings.
• If the Special Committee finds that the alleged error(s) did in fact occur, it should proceed to investigate actions taken subsequent to the occurrence of the error(s) to determine whether it was of sufficient seriousness to have affected significantly reappointment recommendations and decisions.
• If the Special Committee finds that the error(s) was not of sufficient seriousness to have affected significantly the outcome of the tenure review process, it should advise the President and inform the Petitioner and the Provost of its findings.
• If the Special Committee finds that the error(s) was of sufficient seriousness to have affected significantly the outcome of the tenure review process, it should advise the President and inform the Petitioner and the Provost of its findings.
• The Special Committee shall schedule its hearings and meetings so that it may complete its work and transmit its findings within approximately 21 business days following the date of its first hearing.

Conduct of Hearings

General Requirements

• Both the Provost and the Petitioner shall each have the right to designate an appropriate representative from among the faculty, staff, or administration to present their cases. The Petitioner may, in addition, choose an advisor from among his or her colleagues to accompany him or her at the hearings. In no circumstances is legal counsel to be admitted to the hearings.
• If any member of the Special Committee cannot for any reason continue to serve, a replacement shall be selected in the same manner in which the member was originally chosen.
• The Special Committee shall facilitate the gathering of documents for the hearings.
• The Special Committee shall have the authority to change, when it deems it appropriate, the order of the calling of witnesses and presentation of documents specified above. The Petitioner and the Provost (or their representatives), however, shall have the right, within reasonable limits, to examine all witnesses who testify.
• The Petitioner and the Provost (or their representatives) shall have the right to confront all witnesses. When witnesses cannot or will not appear, but the Special Committee determines that the interests of completeness require admission of their statements, the Special Committee should identify the witnesses, disclose their statements and provide a reasonable opportunity to rebut the written statements.
• The Special Committee shall exercise due regard to assure that witnesses testify from personal knowledge, but may at its discretion accept testimony not based on personal knowledge and accord it such weight as the Special Committee deems justified.
• Since the Special Committee has no legal authority to compel the production of evidence, all witnesses shall have the right to refuse to answer questions or produce documents requiring them to divulge confidential information, or to refuse to answer questions or produce documents for any reason.
• At the close of a hearing, the Provost and the Petitioner (or their representatives), shall each make closing statements, both oral and written, summarizing their respective positions. The hearing shall then be officially declared closed, and shall not be reopened for any reason.
• No stenographic or tape-recorded record shall be made of the proceedings. Members of the Special Committee may take notes but these notes may not be retained as part of the permanent record of these proceedings.
• The Petitioner shall bear all of his or her own expenses arising out of the proceedings. The College shall bear the expenses incurred by the Provost or the Special Committee.

Hearings on the Nature of the Claim

• Immediately after the selection of the Chair of the Special Committee, the Secretary shall transmit to the Chair, for the use of the Special Committee, copies of the Petitioner's initial statement and of the Provost's acknowledgment of its receipt.
• Before the first session of the hearing, the Special Committee should meet to consider the Petitioner's statement, to establish a modus operandi and to schedule the sessions of the hearing.
• At the first session of the hearing, the Special Committee shall call upon the Petitioner (or his or her representative) to present, both orally and in writing, a full statement of his or her case (which will have been prepared during the period in which the Special Committee was being formed). The Petitioner may call any witnesses (a list of whose names shall have been previously transmitted to the Chair of the Special Committee) and/or submit any documents that may be necessary.
• The Special Committee shall ask at its discretion for such explanation and/or clarification as may be necessary to establish precisely the basis of the Petitioner's claim.
• In order that an investigation of the nature of the claim may be made, the Special Committee shall direct the Provost (or his or her representative) to obtain and present such information, oral and/or documentary, as the Special Committee may deem appropriate. To this end the Special Committee should recess the hearing for a specified time. The Special Committee itself may, at its discretion, make such investigations during the recess as it deems appropriate.
• When the hearing is reconvened, the Provost (or the designated representative) should make, both orally and in writing, a full statement in response to the instructions given by the Special Committee. The Provost (or the designated representative) should call any witnesses (a list of whose names shall have been previously transmitted to the Chair of the Special Committee) and/or submit any documents that may be necessary to complete this response.
• After hearing any additional witnesses who may be called, as provided immediately below in the section on the Hearing, and following the closing statements, both oral and written by the Provost and Petitioner (or their representatives), the Special Committee shall declare the hearing closed as provided .
• The Special Committee shall confer in private to determine whether the error claimed is (or might on further investigation prove to be) procedural in nature.

The Hearing on the Validity of the Claim

• If the Special Committee determines that the claim is (or might on further investigation prove to be) one of procedural error, it shall convene a second hearing to determine whether the alleged error did in fact occur, and if so whether such error was sufficiently serious to have affected significantly the outcome of the reappointment process.
• In the course of this hearing the Petitioner and the Provost (or their representatives) may make further submissions, both oral and written, and/or submit additional documents to the Special Committee.
• The Petitioner and the Provost (or their representatives) may both present their own witnesses and question other witnesses. Members of the Special Committee may at any point in the presentation or questioning of witnesses ask questions of their own.
• Following the presentation and questioning of the witnesses called by the Petitioner and the Provost (or their representatives), the Special Committee may call additional witnesses. The Special Committee shall initiate the questioning of such witnesses, following which they shall be subject to questions by the Petitioner and the Provost (or their representatives). Following the presentation of the Special Committee's witnesses, the Petitioner, the Provost (or their representatives), or the Special Committee may recall any witnesses or call additional witnesses to clarify or rebut prior testimony. Witnesses so called or recalled shall be subject to questioning by the members of the Special Committee.
• The Provost and the Petitioner (or their representatives) shall each make closing statements, both oral and written, and the hearing shall then be closed.

Deliberations and Report of the Special Committee

• The Special Committee shall conduct its deliberations in private as soon as practicable following the close of the hearing(s).
• The Special Committee shall reach its conclusions solely on the basis of evidence introduced at the hearing(s) and shall limit its considerations to issues of procedure in accordance with the By-Law. The Special Committee may consult the reports of previous Special Committees to assess how similar issues were resolved in the light of facts similar to those of the particular case under consideration.
• The Special Committee shall render its findings in the form of a written report which shall contain the following:
  1. The names of the Petitioner and of the members of the Special Committee.
  2. A statement of the Petitioner's claim.
  3. The dates of the commencement and conclusion of the hearing(s).
  4. The facts disclosed at the hearing(s) and the names of the witnesses who testified.
  5. The issues(s) to be resolved.
  6. The conclusions of the Special Committee
  7. The reasons for these conclusions.
• The report of the Special Committee should be transmitted immediately to the President, the Petitioner, the Provost, and the Secretary who shall retain copies for the use of the Chair of any Special Committee that may be established in subsequent years.

It is the responsibility of the President to consider the report of the Special Committee and to make a recommendation to the Executive Committee of the Board of Trustees which, according to the By-Laws of the College, may exercise the powers of the Board between full meetings of the Board. If the President has not agreed with the recommendation of a majority of the members of the Special Committee, that Committee may write a letter directly to the Executive Committee setting forth their recommendation and supporting arguments. The Executive Committee will vote to approve or reject the President's recommendation.

The President will notify the Petitioner in writing of the decision made and action taken by the Executive Committee.

If the decision of the Executive Committee is that the Petitioner shall be reconsidered for reappointment with tenure during the next academic year, there will not be an additional year added to the Petitioner's contractual term with the College.

Back to the top, to the Handbook index, to the Provost's website.