IV. Conduct Of Faculty And Administrators
A. Prohibition of Discrimination and Harassment
See College of Charleston policy site, Policy 9.1.10, Prohibition of Discrimination and Harassment, Including Sexual Harassment and Abuse, at https://charleston.edu/policy/index.php.
B. Code of Professional Conduct and Statement of Professional Ethics
Code of Professional Conduct
The College requires all instructional and library faculty members and all classified and unclassified administrators to conduct themselves in accordance with federal, state and local laws and regulations, as applicable, and to comply with all policies and procedures set forth in the Faculty/Administration Manual and on the policy web site at policy.cofc.edu, the Human Resources web site, the College of Charleston Administrative Memoranda and Notices, and all other policies and procedures that may be prescribed by the President and the Provost.
In addition, all instructional faculty must comply with all written policies and procedures established by the Provost, the appropriate Dean of the school, or the department. Also, all library faculty and all unclassified and classified administrators should comply with all written policies and procedures established by the Provost, Dean and their immediate supervisor.
2. Statement of Professional Ethics
Membership in the academic profession carries with it special responsibilities. The College of Charleston requires that all faculty and administrators holding faculty status and rank comply with the ethical standards set forth by the American Association of University Professors (AAUP) and by the professional associations of the individual disciplines represented at the College of Charleston. The professional and ethical conduct of a faculty member may be considered from five major perspectives: (1) as a member of the teaching profession; (2) as a teacher; (3) as a colleague; (4) as a part of an institution; (5) as a member of a community.
a. As a member of the teaching profession, the professor:
seeks and states the truth as they see it. (SPE)11 (Rev. Aug. 2018)
devotes their energies to developing and improving their scholarly competence. (SPE) (Rev. Aug. 2018)
accepts the obligation to exercise critical self-discipline and judgment in using, extending and transmitting knowledge. (SPE)
practices, fosters and defends intellectual honesty, freedom of inquiry and instruction, and free expression on and off the campus. (SPE and SFR)12
avoids allowing their subsidiary interests to hamper or compromise their freedom of inquiry13. (Rev. Aug. 2018)
b. As a teacher, the professor:
encourages the free pursuit of learning in students. (SPE)
holds before the students the best scholarly standards of the discipline. (SPE)
demonstrates respect for the student as an individual. (SPE)
adheres to the proper role as an intellectual guide and counselor. (SPE)
makes every reasonable effort to foster honest academic conduct. (SPE)
makes every reasonable effort to assure that evaluation of students reflects their true merit and is based on their academic performance professionally judged and not on matters irrelevant to that performance, whether personality, sex, race, religion, degree of political activism, or personal beliefs. (SPE and SFR)
respects the confidential nature of the relationship between professor and student. (SPE)14
does not refuse to enroll or teach students on the grounds of their beliefs or the possible uses to which they may put the knowledge to be gained in a course. (SFR)
refrains from forcing students by the authority inherent in the instructional role to make particular personal choices as to political action or their own part in society. (SFR)
does not persistently intrude into the presentations of the subject material which has no relation to that subject. (SFR)
presents the subject matter of all courses as announced to students and as approved by the faculty in their collective responsibility for the curriculum. (SFR)
allows students the freedom to take reasoned exception to the data or views offered in a course of study and to reserve judgment about matters of opinion. (SFR)
avoids any exploitation of students for private advantage. (SPE)
c. As a colleague, the professor:
respects and defends the free inquiry of associates. (SPE)
shows due respect for the opinion of others in exchanges of criticism and ideas. (SPE)
acknowledges academic debts. (SPE)
strives to be objective in professional judgment of colleagues. (SPE)
d. As a member of an institution, the professor:
seeks above all to be an effective teacher and scholar. (SPE)
observes the stated regulations of the institution provided they do not contravene academic freedom. (SPE)
maintains their right to criticize regulations and seek their revision. (SPE) (Rev. Aug. 2018)
determines the amount and character of the work done outside the institution with due regard for their paramount responsibilities within it. (SPE) (Rev. Aug. 2018)
recognizes, when considering the interruption or termination of their services, the effect of their decision upon the program of the institution and gives due notice of their intentions. (SPE)15 (Rev. Aug. 2018)
requests a leave of absence or resigns their academic position when acute conflicts between the claims of politics, social action and conscience, on the one hand, and the claims and expectations of students, colleagues and institution, on the other, preclude the fulfillment of substantial academic obligations. (SFR) 16 (Rev. Aug. 2018) (7) refrains from calling attention to grievances in ways that significantly impede the functions of the institution. (SFR) (8) accepts a fair share of faculty responsibilities for the governance of the institution. (SPE)17
e. As a member of a community, the professor:
measures the urgency of obligations as a citizen in light of responsibilities to their subject, students, profession and institution. (SPE) (Rev. Aug. 2018)
makes every effort, when speaking and acting as a citizen, to be accurate, to exercise appropriate restraint, to show respect for the opinions of others, and to indicate that the professor does not speak for the College. (SPE and SEU)18 (Rev. Aug. 2018)
promotes conditions of free inquiry. (SPE)
furthers public understanding of academic freedom. (SPE)
C. Statement of Academic Freedom19
Purpose of the Statement of Academic Freedom
The purpose of this statement is to promote public understanding and support of academic freedom and tenure, and agreement upon procedures to assure them at the College of Charleston.
Institutions of higher education are established for the common good and not to further the interest of either the individual faculty member or the institution as a whole. The common good depends upon the free search for truth and its free exposition. Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspects is fundamental for the protection of the rights of the faculty member in teaching and of the student in learning. Academic freedom carries with it duties correlative with rights. Tenure, by providing job security, allows for:
a. freedom of teaching and research and of extramural activities and
b. a sufficient degree of economic security to make the profession attractive to men and women of ability.
The freedom and economic security provided by tenure are indispensable to the success of the College of Charleston in fulfilling its obligations to its students and to society.
Statement of Academic Freedom
The faculty member is entitled to full intellectual freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but undertaking research for pecuniary return must be based upon a prior understanding with the academic administration of the institution, and requires written authorization by the President before it may be undertaken. (See Section V.H.) (Rev. Aug. 2018)
A faculty member is entitled to freedom in the classroom in discussing their subject, but must not introduce into teaching controversial matter which has no direct relation to the subject. (Rev. Aug. 2018)
A faculty member is entitled to freedom to address any matter of institutional policy or action whether or not as a member of any agency of institutional governance. The faculty member’s action is free from institutional discipline or restraint, save for statements or actions that violate the College’s Code of Professional Conduct and Statement of Professional Ethics (Section IV.B).
A faculty member is entitled to freedom to address any matter of institutional policy or action whether or not as a member of any agency of institutional governance. The faculty member’s action is free from institutional discipline or restraint, save for statements or actions that violate the College’s Code of Professional Conduct and Statement of Professional Ethics (Section IV.B).
The College faculty member is not only a member of a learned profession and an officer of an educational institution but also a citizen. When a faculty member speaks or writes as a private citizen, they are free from institutional censorship or discipline. However, the special position of a college faculty member in the community carries with it special obligations. As a person of learning and an educational officer of the College, a faculty member is expected to bear in mind that the public may judge the academic profession and the College of Charleston by their utterances. Hence, a faculty member is required at all times to be accurate, to exercise appropriate restraint, to show respect for the opinions of others, and to make every effort when writing or speaking as a private citizen to indicate that they are not an institutional spokesperson. (Rev. Aug. 2018)
(Approved by the Committee on the By-Laws and the Faculty/Administration Manual, Feb. 2011; Faculty Senate Apr. 2011; and the Provost.)
Academic Freedom and Protection Against Discrimination20
a. All members of the faculty, whether tenured or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and the American Association of University Professors.
b. All members of the faculty, whether tenured or not, are entitled to protection against illegal or unconstitutional discrimination by the institution, or discrimination on a basis not demonstrably related to the faculty member’s professional performance, including but not limited to gender, sexual orientation, gender identity or expression, age, race, color, religion, national origin, veterans’ status, genetic information, or disability, as proscribed by law and described in the College’s policy on Prohibition of Discrimination and Harassment, Including Sexual Harassment and Abuse.
Complaints of Violation of Academic Freedom or of Discrimination in Non-reappointment
If a faculty member on probationary or other non-tenured appointment (including adjuncts) alleges that a decision against reappointment was based significantly on considerations violative of academic freedom or governing policies concerning illegal or institutional discrimination by the institution on the basis of gender, sexual orientation, gender identity or expression, age, race, color, religion, national origin, veterans’ status, genetic information, or disability, such a faculty member may file a grievance with the Faculty Hearing Committee. (See Art. X.I. for procedures.) (Rev. Aug. 2018)
Academic Freedom for Administrative Personnel Holding Faculty Status
The foregoing regulations apply to administrative personnel who hold faculty status and rank, but only in their capacity as faculty members. All other unclassified academic administrators who allege that a violation of academic freedom or improper discrimination contributed to a decision to terminate their appointment to an administrative post, or not to reappoint them, are entitled to the procedures set forth in Section IV.A.
Political Activities of Faculty Members
As responsible and interested citizens in their community, faculty, staff and unclassified administrators of the College should fulfill their civic responsibilities and are free to engage in political activities.
The College policy related to such matters is that the holding of county, municipal and other local offices is generally permitted. However, the holding of such an office must not conflict with the performance of the faculty member’s assigned College duties. If, at any time, it appears that there is a conflict or substantial interference with assigned duties, the College has the right to claim a conflict of interest or substantial interference and request that the faculty member either resign the political post or take leave without pay from the College. Further, this also applies if any of the political duties give the officeholder an exercise of control over the College or any of its activities through financial support, direction of academic research, extension functions or employment of personnel.
Where a faculty or staff member in the Academic Affairs Division seeks county, state or federal government political office, the faculty or staff member must discuss said candidacy with the Provost before becoming a candidate. The purpose of this discussion is to try to determine, in advance, whether a conflict of interest or substantial interference with assigned duties would result. If it is determined it would, the Provost will recommend to the President that the candidate be granted leave without pay for the duration of an election campaign and/or term of office before the date of officially taking office. The terms of such leave of absence will be set forth in writing and the leave will not affect unfavorably the tenure status of a faculty member, except that time spent on such leave will not count as probationary service unless otherwise agreed to. (See “Statement on Professors and Political Activity,” AAUP Bulletin 55 [Autumn 1969]: pp. 388-89.) The President has the sole discretion to accept or reject the request for a leave of absence. (Rev. Aug. 2018)
Academic Freedom for Graduate Students
In no case will a graduate or teaching assistant be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee. (A dismissal is a termination before the end of the period of appointment.) A graduate or teaching assistant who establishes a prima facie case to the satisfaction of a duly constituted committee that a decision against reappointment was based significantly on considerations violative of academic freedom, or of governing policies against improper discrimination as stated in Section IV.A (above), will be given a statement of reasons by those responsible for the non-reappointment and an opportunity to be heard by the Faculty Mediation Committee.
Other Academic Staff
a. In no case will a member of the academic staff who is not otherwise protected by the preceding regulations which relate to dismissal proceedings be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee. (A dismissal is a termination before the end of the period of appointment.)
b. When a member of the academic staff feels that their non-reappointment is the result of a violation of academic freedom or discrimination (see Sections IV.A and IV. C), the individual may bring the matter before the Faculty Hearing Committee. If the committee finds that the facts, as preliminarily stated in the grievance, indicate that either a violation of academic freedom or discrimination significantly contributed to this non-reappointment, then the individual will be provided a statement of reasons for the non-reappointment by the individual or department responsible for the non-reappointment. Thereafter, the individual will also be provided a reasonable opportunity to have this grievance heard by the committee. (Rev. Aug. 2018)
D. Consensual Relations Policy
“Sexual relations between students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation. The respect and trust accorded a professor by a student, as well as the power exercised by the professor in an academic or evaluative role, make voluntary consent by the student suspect ... In their relationships with students, members of the faculty are expected to be aware of their professional responsibilities and to avoid apparent or actual conflict of interest, favoritism, or bias. When a sexual relationship exists, effective steps should be taken to ensure unbiased evaluation or supervision of the student.” [AAUP Policy cited by AAUP Staff counsel in Sexual Harassment in the Academy: Some Suggestions for Faculty Policies and Procedures, October 2002.]
Similar concerns exist when sexual relations occur between students and staff members in supervisory, evaluative, or trust positions.
Accordingly, the College of Charleston adopts the following policy regarding consensual relationships between students and faculty or staff: All sexual relationships between students and faculty/staff are strongly discouraged. Further, no faculty or staff member shall have an amorous relationship (consensual or otherwise) with a student who is enrolled in a course being taught by the faculty member or whose work is being supervised, evaluated, or otherwise similarly impacted by the faculty or staff member. (Ins. Sept. 2008.)
11 Statement on Professional Ethics, the primary source of items in this statement. AAUP Bulletin, Vol. 55, No. 1, Spring, 1969, pp.86-87. Parenthetical references and footnotes identify documents from which items have been taken, most of them almost word-for-word.
12 AAUP Council Statement on Freedom and Responsibility October 31, 1970. AAUP Bulletin, Vol. 56, No.4, Winter, 1970, pp. 375-376.
13 See also AAUP Statement “On Preventing Conflicts of Interest in Government -- Sponsored Research in Universities” AAUP Bulletin, Vol. 51, No. 1, Spring 1965, pp.42-43.
14 An expanded statement of confidentiality is contained in “Joint Statement on Rights and Freedoms of Students,” esp. the section entitled “In the Classroom.” AAUP Bulletin, Vol. 54, No. 2, Summer, 1968, pp. 258-261.
15 See also “Statement on Recruitment and Resignation of Faculty Members” and “A Report from Committee B, Late Resignation and Professional Ethics.” AAUP Bulletin, Vol. 54, No. 3, Autumn, 1968, PP. 363-364.
16 See also “Statement on Professors and Political Activity,” AAUP Bulletin, Vol. 55, No. 1, Autumn, 1969, pp. 388-389.
17 Such governance responsibilities are described in more detail in “Statement on Government of Colleges and Universities,” AAUP Bulletin, Vol. 52, No. 4, Winter, 1966, pp. 375-379. See esp. Section V, “The Academic Institution: The Faculty.”
18 Committee A Statement on Extramural Utterances, AAUP Bulletin, Vol. 51, No. 1, Spring 1965, P. 29.
19 Section C, Statement of Academic Freedom, parts 1 and 2 are based directly upon and quote liberally from the “1940 Statement of Principles on Academic Freedom and Tenure” and 1970 Interpretive Comments published in Policy Documents and Reports, Third Printing, January 1977 by the American Associations of University Professors.
20 These sections, IV.C.3 through 8 are taken directly from and quote 1982 Recommended Institutional Regulations on Academic Freedom and Tenure sections 9 through 14, pp. 28-29, AAUP Policy Documents and Reports, except these sections have been aligned with the contents of the College’s policy on Prohibition of Discrimination and Harassment, Including Sexual Harassment and Abuse and revised to remove any binary gender language.