3.3.8A Academic Freedom, Ethics, And Grievance Committee ("AFEGC")

Creation and Composition of the Committee

I.  Committee chairperson

A.  Election

Since AFEGC terms coincide with the beginning of the academic year, at the call of the sitting Chairperson, a Chairperson and a Vice-Chairperson and an alternate will be elected between April 15 and May 15 for one-year terms beginning on August 16.  The alternate will serve as Vice-Chairperson when the Vice-Chairperson must serve as Chairperson.  The alternate will also serve as Vice-Chairperson for cases being handled by the Chairperson that involve the first Vice-Chairperson's department or another conflict of interest for the Vice-Chairperson. 

The Chairperson and Vice-Chairpersons of the AFEGC shall be tenured faculty members.  The Chairperson and the Vice-Chairpersons must hold tenure in different colleges; none shall handle any case originating from their own department. 

In the event the current year's AFEGC Chairperson is no longer serving on the committee by April 15, a meeting of the AFEGC will be called by the Chairperson of the Academic Senate for the sole purpose of electing a chairperson for AFEGC. 

B.  Duties

The Chairperson's duties shall include the following:

1. To inform the university faculty concerning the jurisdiction of the AFEGC and its policies and procedures in AFEGC matters (see AFEGC Flowchart)
2. To inform all university faculty members about the referral, complaint and grievance processes by providing them annually by e-mail the website for the AFEGC Policies and Procedures and the Code of Ethics.
3. To call and preside over meetings of the AFEGC
4. To ensure that proper procedure is followed in the handling of AFEGC matters, including the timely processing of complaints and referrals
5. To initiate, when deemed appropriate, the informal conciliation of complaints filed with the AFEGC as provided in Policy 3.3.8C.
6. To provide training to members.  In order to increase consistency in decision-making when the committee turns over, at the beginning of each year the chairperson of the AFEGC shall provide a summary of all cases of the last five years at minimum (those resolved informally and those resolved in a formal hearing).  No individual, department, or college names shall appear in the summaries.  These summaries shall be drawn up at the end of each year by that year's chairperson.  The cases shall be presented as scenarios for discussion by the new members. This summary shall be filed with the Academic Senate chairperson, who will keep the information contained therein in strict confidence.  The summary is distinct from reports of activity to the Faculty Affairs Committee of the Academic Senate, which are submitted at the end of each semester and do not detail specifics of individual cases.
7. To extend deadlines as needed to provide for equitable due process, in consultation with all parties concerned.  A committee may petition the chairperson of the AFEGC for an appropriate extension of deadlines.
8. The AFEGC Chairperson may not serve as a mediator or conciliator in any case.
9. In consultation with the Vice-Chairperson or alternate, to determine whether cases fall under the jurisdiction of the AFEGC; and if no determination can be reached, or if an appeal of a determination that a case is outside its jurisdiction is entered, to consult with the Chairperson of the Academic Senate for a final determination, except as noted in 3.3.8.II.B Jurisdiction, Exemptions, and Malicious Charges.
10. To receive requests for the recusal of a member of an ASPT committee from a disciplinary case and determine whether the proposed grounds for recusal are valid, according to ASPT Article XII.B.3.

II. Members

The AFEGC will consist of thirty-nine (39) members defined below.  Each year, the faculty members of every department shall nominate by election within the department one faculty member with tenure. University personnel in the following positions shall NOT be eligible to serve on the AFEGC:

• College deans
• Department chairpersons/school directors
• Academic Senate members
• Faculty Review Committee members
• University Review Committee
• College Faculty Status Committee members
• Administrative Personnel (e.g. university counsel, associate vice presidents or provosts, associate deans)
• Administrative Professional and Civil Service Personnel

Department/School Faculty Status Committee members may not serve on cases involving their own departments. A faculty member with tenure may petition to be included as an addition to the departmental/school nominees by indicating willingness to serve on the annual Senate external committee form.

Only persons holding full-time faculty appointments (tenure-line or non-tenure line) or full-time faculty associate appointments may serve as members of AFEGC.

III. Procedures for electing members

The Faculty Caucus of the Academic Senate shall elect the AFEGC during the spring semester prior to the seating of newly elected Senators using the following procedures.

Tenured faculty (24): In each year of an election, the eight (8) faculty with the highest number of votes shall be declared elected for a three-year term.  Any vacancy occurring between elections shall be filled by the first eligible person of those who, at the last election, received the next highest number of votes.  The position on the AFEGC of anyone who will be or has been absent from regular duties for one semester or longer shall be declared vacant.  A member named to fill any vacancy shall serve the remainder of the unexpired term.

NTT Faculty (9, consisting of 5 negotiated and 4 non-negotiated):  The NTT faculty members of each college who are covered by the NTT negotiated agreement will elect one (1) full-time non-tenure-track faculty member with status from their college and covered by the NTT negotiated agreement to a pool.  The pool shall be elected annually each spring through the Senate office.  A different member will be chosen from this pool for each committee (hearing, appeals) for cases where a complainant or respondent is a non-tenure-track faculty member covered by the NTT negotiated agreement.  These NTT pool members will only serve in cases regarding NTT complainants or respondents covered by the NTT negotiated agreement.

It is understood that two colleges (Mennonite College of Nursing and Milner Library) have no NTTs covered by the negotiated agreement.

Non-tenure-track faculty members not covered by the NTT negotiated agreement in Mennonite College of Nursing and Milner Library shall each elect to a pool two (2) full-time non-tenure-track faculty members with at least eight consecutive semesters (fall, spring) of service within an eight year period maximum with breaks in employment no greater than one fall or spring semester.  The pool shall be elected annually each spring through the Senate office, with members elected by the NTT faculty of their own college.  A different member will be chosen from this pool for each committee (hearing, appeals) for cases where a complainant or respondent is a non-tenure-track faculty member not covered by the NTT negotiated agreement.  These NTT pool members will only serve in cases regarding NTT complainants or respondents not covered by the negotiated agreement.

NTT members serve a one-year renewable term.

Faculty Associate (6):  The faculty associates at Metcalf School and University High School will each elect three (3) tenured faculty associates to a pool.  The pool shall be elected annually each spring through the Senate office, with members elected by the faculty associates of their own laboratory school.  A different member will be chosen from this pool for each committee (hearing, appeals) for cases where a complainant or respondent is a faculty associate.  These faculty associate pool members will only serve in cases regarding faculty associate complainants or respondents.

Faculty associate members serve a one-year renewable term.

If a member of the AFEGC is engaged in a hearing or other process related to a complaint or referral, the member will continue to serve regarding that matter until the matter is terminated (i.e. any appeals elected by the parties have been exhausted), even though such service may thereby extend beyond the expiration of the member's term of office.  Terms extend for three full years (tenured faculty) or one full year (NTT, FA) from the beginning of the academic year on August 16, and may occasionally include service between May 15 and August 16 if a matter is not terminated by May 15 or if urgent need arises.