Faculty Court of Appeals Committee
No Current Chair
| Division | Faculty Member | Term Expiration |
|---|---|---|
| Business & Technology | 2006 | |
| Health, Social & Behavioral | D. Lantermo | 2006 |
| Health, Social & Behavioral | D. Hudson | 2007 |
| Liberal Arts | 2007 | |
| Counseling | 2008 | |
| Health, Social & Behavioral / Liberal Arts | D. Peterson | 2008 |
Three Year Appointments -- Beginning June
Committee Charge
From the CODFA By-laws:
FACULTY COURT (COURT OF APPEALS)
- FUNCTION. Render decisions interpreting these Bylaws and the Special Rules to protect constituent rights under both. Court decisions should be based strictly on interpretations of the Bylaws and the Special rules, rather than on the merits or faults of the case at hand. In cases of discrepancies between the Bylaws and the Special Rules, the Bylaws take precedence.
- COMPOSITION. The Court of Appeals will consist of six full share faculty members who will serve staggered three-year terms, with two new members each Senate year.
- APPEALS. An appeal may be made by any faculty member in writing directly to a member of the court. Decisions of the Court are final.
Committee Procedures
(9/18/03)
THE APPEAL PROCESS FOR THE FACULTY COURT OF APPEALS
Hearings
- Any faculty member may appeal to the Faculty Court of Appeals (FCoA) for consideration of any matter relating to the scope of authority of the FCoA. An appeal must be filed within fifteen (15) instructional days of the date upon which the appellant became aware of the event being appealed and, in no case, more than thirty (30) calendar days from the alleged action that is the cause of the appeal.
- The appellant shall notify in writing the Chairperson of the FCoA. The appeal must consist of a written statement of the wrong done to the appellant. Also, this statement should include the reason why it is perceived as wrong, the requested remedy, and the relevant section(s) of the College of DuPage Faculty Association By-laws and/or Special Rules.
- The Chairperson of the FCoA shall notify the other members of the Court that an appeal has been filed.
- The Court will initially determine, within a reasonable timeframe, if the case falls under the scope of authority attended by at least 2/3 of the members of the court, and comprising of at least 2 (two) favorable votes to hear the appeal.
- Upon a decision to hear an appeal, the chairperson of the Court will schedule an initial meeting time and place. It is understood that these deliberations shall not interfere with the instructional function. The participating Court members may initially discuss the case and make assignments to collect any pertinent data from the appellant faculty member and make arrangements to hear testimony.
- The Chairperson may then schedule a hearing. The Court shall invite the appellant and any other parties deemed relevant to the appeal. The appellant has the right to be present when testimony is being heard. The appellant does not have the right to be present when the Court debates and considers its findings. Written testimony may be collected and reviewed. A copy is available to the appellant upon written request.
- The appellant has the right to request an appearance before the Court of any individual whom the Court deems relevant to the case.
- The Chairperson shall serve to control and make judgements as to appropriate hearing procedures.
- The Court reserves the right to request an interview with any individual whom it feels may contribute to an understanding of the appeal.
- The function of the Court is to hear evidence and make a final ruling based on the preponderance of evidence. It is inappropriate for the Court to actively take a role in defense or advocacy of a case during the gathering of testimony.
- Questioning and cross-examination of witnesses may be part of hearings held under this procedure.
Findings
- The participating Court members will, after due consideration, attempt to reach a consensus in regard to each appeal. A majority vote from participating Court members will be considered the minimum standard for decision. All votes will be by secret ballot. In the event of a tie vote, the FCoA Chairperson shall cast the tie-braking vote.
- Each appeal will be reviewed on its own merit. Precedent may be used for the recommendation.
- A written report of the Court’s decision will be prepared by the Chairperson or designee and approved by the Court following the decision. The report will be as specific as possible, including a statement of the final consensus, supporting reasons for it, and recommended remedy where applicable. The report will be sent within ten instructional days of the decision to the appellant and to the Chairperson of the Faculty Association.
- The submission of a majority finding does not preclude the submittal of a minority report if at least 2 (two) members of the Court sign it. If a minority report is submitted, it shall be treated as an integral part of the court’s finding, being attached to the majority report. However, the majority finding remains as the official position of the Court on the matter at hand.
- FCoA members will not discuss cases individually, but rather collectively through the FCoA Chairperson. The appellant and/or the Chairperson of the Faculty Association may contact the FCoA Chairperson in writing for clarification if necessary.
- Further, if the appellant has new evidence to be presented for consideration, s/he may submit a written statement to the Chairperson of the FCoA. The Chairperson will convey this new evidence to the other members of the Court and the Court will determine if the appeal needs to be revisited, or if the Court’s decision stands as it is.
Maintainance of Records
The FCoA shall maintain official files of all appeals. These files shall include a record of meeting dates, times, participants, evidence submitted, and all written communication regarding each case.
Upon completion of consideration of an appeal, the related file (see above), including the copies of the appellant’s written appeal along with the Court’s decision shall be kept by the Chairperson of the FCoA. The FCoA Chairperson shall instruct all Court members to destroy all other records of these proceedings. When the FCoA Chairperson’s term expires, s/he shall give all FCoA files to the incoming FCoA Chairperson.
A second copy of the related file shall be filed with the Faculty Senate Chair.
Procedural Modifications
Requests for modifications to this document may originate with any faculty member, the Faculty Association Senate, or members of the FCoA. The actual decision to modify and the design of the modification will be the domain of the FCoA. A majority of the FCA must be in agreement before any modifications may take place.
