29.4 General Provisions

(Amended 8/13)

1. Right to Counsel. In all proceedings governed by the Faculty Dispute Procedures, a faculty member may, at the faculty member's discretion, be represented by legal counsel. The complainant in a Title IX case also may, at the complainant's discretion, be represented by legal counsel.
2. Other Rights of the Faculty Member.
   1. Faculty Member Status. The status of a faculty member involved in a case under these regulations shall not be altered detrimentally until the proceedings are completed except insofar as the President may exercise emergency powers under the Regents' Rules or be required by a court order to do so. The status of a faculty member shall include the faculty member's tenure, rank, salary and benefits, collegiate affiliation, and where applicable, departmental affiliation. With respect to other terms and conditions of a faculty member's employment that are or may be at issue in a grievance under these procedures , the faculty member or the University may seek from the appointed Judicial Panel an expedited determination whether such conditions may be altered before the proceedings are completed. The Judicial Panel shall consider the opposing interests, including the safety and welfare of the University community and any immediate and serious injury, loss or damage to the faculty member. The party seeking such an expedited determination shall do so in a written statement submitted to the Presiding Officer, with a copy to the Academic Officer and the Investigating Officer. The Presiding Officer shall direct the request to the Judicial Panel. The Judicial Panel, in its discretion, may seek further information from the parties and/or assistance from the Investigating Officer. In ruling on the request for an expedited determination the Judicial Panel shall make a prompt decision and shall communicate its decision in writing to the Presiding Officer. The Presiding Officer shall provide a copy of the Judicial Panel's decision to the faculty member, the departmental executive officer, the collegiate dean, the Academic Officer, the University Representative, and the Investigating Officer.
   2. Extension of Employment. If the result of an investigation pursuant to III-29.5 or III-29.9 is to confirm an original decision by the University to terminate the faculty member's appointment (either because the panel has not found in favor of the faculty member or because the President has made a final decision not to accept the recommendations of the panel based on a finding in favor of the faculty member), the faculty member shall be entitled to one full semester's further employment by the University after the faculty member has been officially informed of the outcome of the investigation. A request for review by the Board of Regents, however, shall not affect this extension of time. This provision for further employment shall apply even if it extends the faculty member's appointment beyond the one year of additional employment to which the faculty member is entitled after having been officially informed by the collegiate dean of the original decision by the University to terminate the faculty member's appointment.
   3. Regents' Review. The University Representative, after receiving notice of a panel's or the President's adverse decision, shall promptly inform the alleged victim or third-party complainant in a Title IX case and the faculty member of the right to request a review by the Board of Regents of the decisions that are made and the actions that are taken under these regulations, and the University Representative shall enclose a copy of these regulations with that notice and shall inform the alleged victim or third-party complainant in a Title IX case and the faculty member of the form of requesting the review and the person or office to whom the request must be made. Such a request for review of a case by the Board of Regents must be made within the time period provided under the Board of Regents Policy Manual.
3. Communications. Any communications that are required by these regulations may be sent by ordinary U.S. Mail, by email to a confirmed address, or by messenger. A communication to a faculty member as required by these regulations shall be sent to the faculty member's preferred address.
4. Time Periods. In computing a period of time that is prescribed or allowed by these regulations, the day from which the designated period of time begins shall not be included. The last day of the period so computed shall be included unless general University offices are not open on that day in which case the period goes until the end of the next day on which they are open. A communication to or from a faculty member by mail is considered complete upon mailing. "Business days" are those days on which general University offices are open. Time periods designated in these procedures may not be extended in Title IX cases except under rare circumstances. Within the discretion of the appropriate person(s) (Presiding Officer, Investigating Officer, or Faculty Judicial Panel), time periods designated in these procedures may be extended for good cause in non-Title IX cases.
5. Costs. A faculty member who files a case under these regulations must pay the cost of their own counsel, the expenses of any witnesses called by the faculty member, and reasonable charges for copies of documents that are made for the faculty member. Except as otherwise noted in these procedures, other costs of the investigation will be borne by the University. The panel also may recommend that some or all of the costs borne by one party, except for the costs of legal counsel, should be reimbursed by the other.
6. Informal Discussions. In any informal discussion that is required or permitted under these regulations, all of the parties are expected to make a genuine effort to resolve the matter before them. In any such informal discussion, the faculty member may be accompanied by another faculty member of their choice, and either party may request the services of the Office of the University Ombudsperson. Anyone who attends an informal discussion shall treat it with confidentiality.
7. Reports by a Faculty Judicial Panel. The findings and recommendations of a panel shall take the form of a written report to be prepared as soon as possible following the relevant proceedings. The report shall be written in a manner that preserves the confidentiality of documents or testimony concerning confidential matters taken in closed hearing (see III-29.5e(1); III-29.7g(2); III-29.8f(2); and III-29.9e(1)) to the maximum extent possible consistent with a clear and full explanation of the panel's findings and recommendations. The Presiding Officer may release the report to the public only if the faculty member or the President has already made public the essentials of the report or the report follows an open hearing on the case and then only if appropriate precautions can be taken to protect any parts of the report that must remain confidential, such as references to records protected from disclosure under the Iowa open records law or references to records or testimony that is the subject of a confidentiality agreement. Otherwise, the report shall be treated with confidentiality by everyone who receives or obtains a copy of it except by the complainant in a Title IX case and by the faculty member as either of them may choose.
8. Reports by the Academic Officer. On or before June 1 and December 1 of each year, the Academic Officer shall report to the Presiding Officer the results of the steps taken during the preceding six months to implement whatever final decisions were made under these regulations or, if an implementation is not complete, the current status of the matter.
9. Amendments of These Regulations. Proposals to amend these regulations may be initiated by the Faculty Senate, by the President, or by the Board of Regents. The Board agrees that it shall make no changes in these regulations without first consulting the Faculty Senate, the Faculty Council, and the President.