X. Selected Administrative Policies For Faculty
A. Faculty Leave Policies
Sick Leave: The guidelines for sick leave are contained in Section 19-710 of the State Human Resources Regulations and on the College’s Human Resources website.
Leave of Absence: Any member of the tenured or untenured faculty may apply to the Provost for a leave of absence without pay for a period of up to two years. Such leaves commonly are granted to complete the doctoral dissertation, to enable a professor to return to graduate school, to accept a post-doctorate fellowship, to pursue research or to participate in a faculty exchange or internship program. When granted to an untenured faculty member, a scholarly leave of absence of one year or less will count as part of the probationary period as though it were prior service at another institution, unless the individual and the institution agree in writing to an exception to this provision at the time the leave is granted.
Normally a leave without pay will not be for longer than two years. Any agreement to the contrary will be fully outlined in the leave of absence document given to the faculty member.
A faculty member on leave may petition the Provost for an extension of the faculty member’s leave period. Such a request should be made at least three months before the date of termination of the authorized leave. The Provost will consult with the Dean and Department Chair, and after consideration, rule on the extension. (Rev. Aug. 2018)
Faculty members considering a request for leave without pay should consult with Human Resources regarding benefits.
The President of the College has the sole discretion to accept or reject the Provost’s recommendation concerning the faculty member’s request for a leave of absence.
Family and Medical Leave: Under the Family and Medical Leave Act of 1993College will provide up to 12 weeks (26 weeks in certain military caregiver situations) of unpaid, job-protected leave to “eligible” employees for certain family and medical reasons. While family medical leave is defined as unpaid leave, an employee who is eligible may utilize accumulated sick and/or annual leave under the College’s existing sick and annual leave policies. Whether family medical leave is paid or unpaid, it is limited to 12 weeks (26 weeks in certain military caregiver situations) in any calendar year. The employee will be required to provide advance leave notice and medical certification. Employees are eligible if they have worked for the College for at least 12 months and have worked at least 1250 hours in the 12-month period immediately preceding the start of the leave. Additional details are available in the Family Medical Leave Act of 1993 policy on the College of Charleston’s Human Resources web site at hr.cofc.edu/policies/index.php and the policy website at policy.cofc.edu.
Annual Leave: The Annual Leave Act for state employees establishes a standard Annual Leave Policy that applies to all state employees except nine, ten, and eleven-month teaching faculty. Twelve-month employees on academic appointments carrying faculty status are entitled to the standard leave earning rate applicable to all State employees.
Leave With Pay: State regulations provide that leave with pay may be granted under certain circumstances.43 See Human Resources web site at hr.cofc.edu for further details.
Sabbatical Leave
a. Definition
Sabbatical leave is paid time exempt from normal duties granted to faculty members for the accomplishment of professional development programs.
b. Eligibility
Tenured faculty members and Senior Instructors in their sixth successive full academic year of full-time academic service at the College of Charleston since initial appointment or since a previous sabbatical leave may apply for sabbatical leave to commence during the following year. Unless specifically requested and granted by the Provost at the time a leave of absence was taken, years of leave do not count toward the six successive years of full time service required for a sabbatical leave. Unless otherwise indicated in an appointment letter, years in a visiting appointment do not count towards the six years of full-time service.
c. Purpose
Sabbatical leave is paid time exempt from normal instructional and service duties granted to faculty members to engage in intensive research and creative activities and professional development programs, thus facilitating their growth as a scholar and teacher.
d. Duration, Pay, and Procedures
The exact procedures and criteria for sabbatical leave, including duration and pay options, are available from the Office of the Provost. Each faculty member accepting a sabbatical leave must sign a written statement obligating that individual to continue to serve as a member of the College of Charleston roster faculty for at least one (1) full academic year after the academic year during which the sabbatical was taken. (Rev. Aug. 2018)
B. Faculty Research and Development
Since faculty members are the principal source for stimulating appropriate learning and maintaining a productive climate for learning, a faculty development-instructional improvement program will be conducted.
Research and Development Grants
While a faculty member’s primary role is teaching, research and professional development are essential to the mission of the College and encouraged as a part of the academic enterprise.
a. Support from College Funds: Funding for research and development is available from the Faculty Research and Development Committee and departmental research budgets.
b. Relation of Research to Teaching Duties: Any member of the faculty who has received a reduction in teaching load for research will not be permitted to teach courses for additional pay. Any deviations from this policy must have the written recommendation of the Department Chair or Program Director, with adequate justification, and the endorsement approval of the Dean and Provost.
c. Support from Outside Funds: Federal agencies, private foundations and private business firms operate extensive programs of sponsored research. The costs that will be funded by these agencies will vary according to their own rules or terms. To facilitate such support, the College will serve as the contracting authority. Faculty members interested in such projects are requested to consult with the Chair of their department (or Program Director) and the Office of Research and Grants Administration, which will assist in the preparation of proposals and in locating interested sponsors. No commitment to an outside agency that involves College participation can be made by individuals without the concurrence of the appropriate College officials, the Provost and the President who has final authority. (Rev. May 2005)
d. Payments for Research: Payments for research shall be made in accordance with all applicable federal, state, and institutional policies and procedures.
Patent and Copyrights
a. Patents
Faculty members who wish to obtain patents or copyrights on work produced while employed at the College of Charleston should obtain from the Office of the Provost details about applications, ownership, duties and responsibilities.
b. Trademarks
A trademark that relates to the College of Charleston, a College activity or product is the exclusive property right of the College. Only the President or Provost may take steps to secure a trademark by usage or registration with respect to an invention or work resulting from College activities.
C. Policy Affecting Travel and Entertainment by Faculty and Academic Staff
The College encourages attendance at off-campus professional activities by assisting in a limited way with travel expenses. It is expected that the budgets of all departments will be adequate to provide some financial assistance for professional travel. At the same time, the professor or staff person must expect to share in this expense. It is not to be expected that many members of the department will receive full remuneration for professional travel when meetings are at a great distance from the campus.
Policies and rules concerning travel and entertainment are established by the South Carolina Legislature or the appropriate state administrative entity, and College of Charleston travel policies and procedures are posted on the appropriate College websites. All travel must be approved in advance (at least three days is required). A completed travel request form must be submitted by faculty members and other academic department or program employees to the appropriate Academic Dean or Dean of Libraries. Unclassified administrators must submit the form to the appropriate Vice President or other supervisor. Note: The Provost must approve all travel authorization forms for student international travel, with limited exceptions, all travel authorizations in the Academic Affairs Division in excess of $5000 and certain other travel authorizations, as directed by the President. (Rev. July 2016; Aug 2018)
Actual expenses up to a certain fixed limit per day, with adjustments for out-of-state travel, and mileage reimbursements are set by State regulation. Travel mileage reimbursement may not exceed tourist airfare.
Generally, College cars are restricted to in-state travel and are not taken on trips extending over a period of several days. When College cars are used, they will be charged to the department’s budget at a fixed rate per mile.
D. Policy on Reimbursement for Approved Expenditures by Faculty Members and Administrative Officers
Official Functions
College auxiliary funds are available to support official College functions regularly scheduled on or off campus each year as part of the College’s official program. These functions must have the prior approval of the President, Vice President or Dean, depending on the funding source for each function. Such functions include new student and faculty orientation sessions, approved conferences and developmental workshops, scheduled College retreats, receptions held for distinguished guests and for Trustees of the College, and for special advisory groups. All costs incurred should be reasonable and prudent. Alcoholic beverage cost will not be reimbursed from state funds, nor will food and beverage costs incurred in social gatherings honoring retirement, promotion, tenure or the like.
Additionally, state employees acting within their official capacity should have travel expenses paid by their own agency (i.e., the College) and reimbursements provided by outside organizations should be paid to the College and not the individual employee.44
Recruitment Expenses
With permission of the appropriate Department Chair or Program Director, a College faculty member may accompany a prospective recruit for a faculty position or a College guest for meals. Such meals are limited to one College representative. While faculty recruits are not employees of the State and their personal travel costs are not subject to state limitations, they should be advised that all travel should be by the most economical mode. Receipts for transportation (airlines, rail, etc.) and hotel bills should be included in reimbursement requests to the College. No receipts are required for taxi or meals. No reimbursement will be made for alcoholic beverages or personal long distance telephone calls.
Gifts, Flowers, and Parties
No state agency, board, committee or commission will buy a gift, flowers, holiday cards or other similar items, or give a party for any state employee using state, federal or other monies on the state’s fiscal books. Gifts to board, committee or commission members from state funds are also prohibited. (Rev. Aug. 2017)
E. Purchases by Faculty and Staff
The President, as agency head, is primarily responsible for seeing that all purchases comply with the S.C. Consolidated Procurement Code. To execute this responsibility, the centralized purchasing concept has been adopted by the College. Under the centralized purchasing concept all purchases are made by or controlled through a central procurement office, which is responsible for compliance with all applicable laws and regulations. Faculty and staff cannot make a commitment for the College to accept and pay for supplies, services or equipment without determination by the Procurement Office. Faculty and staff should refer to the manual, The Procurement and Supply Manual, for additional guidelines.
F. Legal Assistance
Faculty and staff who have a legal problem or question concerning the College should consult with the College’s General Counsel. The Office of Legal Affairs will give advice and assistance and will determine whether outside counsel should be retained. The Attorney General’s Office must approve the hiring of outside counsel; therefore, if faculty or staff incurs legal costs without this prior formal approval, state funds cannot be used to cover these costs.
G. Faculty and Administrator’s Authority to Enter into Contractual Agreements on Behalf of the College of Charleston
The operation and administration of the College has been delegated to the President by the Board of Trustees. Therefore, the President is, in fact, the only person at the College who has the legal authority to enter into any contractual agreements on behalf of the College. The President has been specifically given the power to delegate some of the presidential authority to members of the administration to maintain and ensure a smooth administrative process in the overall operation of the institution. Officials of the College, unless specifically delegated such authority in writing by the President, do not have this authority. Where uncertainties exist, please confer with the Provost or consult the College Counsel. (Rev. Aug. 2014, Aug. 2018)
H. Intellectual Property Policy
The College’s Intellectual Property Policy is published as Policy 9.1.13 at the College policy website, policy.cofc.edu
I. Grievances Before the Faculty Hearing Committee
The following matters shall be proper subjects for a grievance to be heard by the Faculty Hearing Committee:
a. Notice of dismissal of a tenured faculty member.45
b. Notice of dismissal of an untenured faculty member before the end of the faculty member’s contract term.46 (Rev. Aug. 2018)
c. Alleged discrimination in promotion, compensation, or work assignment.47
d. Alleged discrimination in denial of tenure or dismissal at the end of the contract term.
e. Alleged violation of academic freedom.
f. Alleged violation of due process.
g. Election appeals.
h. Other matters referred by the President to the committee where a due process hearing is necessary.
Requesting a Hearing
a. A Notice of Grievance must be filed by the grievant faculty member with the Chair of the Faculty Hearing Committee, with copies to the President, Provost and the grievant’s Department Chair and Dean, within twenty working days of the act complained of and shall contain the following information:
The date of the act complained of and the name of the person or persons alleged to have been responsible for the act;48
A clear, detailed statement of why the grievance falls within the jurisdiction of the Faculty Hearing Committee;
A detailed description of evidence in support of the position of the grievant;
The names of potential witnesses for the grievant, with a short statement of the subject matter of their potential testimony;
The specific remedial action or relief sought;
A brief summary of the results of previous discussions on the issues involved which the grievant has had with the person or persons responsible for the action complained of, if such discussions have been held; and
A preference as to whether a hearing, if held, is to be open to the public or closed to all except the committee and those involved in the hearing.49
Failure to file a Notice containing this information within the specified time limitation shall be a waiver of grievance and of all rights under these procedures, absent a finding of good cause for a reasonable delay, as determined by the Hearing Committee.(Rev. Aug. 2018)
The assigned hearing panel will meet within seven working days after receipt of the Notice of Grievance by the Chair in order to determine whether the grievance has been properly and timely filed, whether the nature of the grievance is within the jurisdiction of the Hearing Committee, and whether the facts alleged by the grievant, if accepted as true, would support a judgment of the violation alleged by the grievant. If the hearing panel decides that the grievance should be heard, it shall set a date for the hearing, which must be held within twenty working days of the panel meeting. The panel shall also decide, taking into account the preferences expressed, whether the hearing will be open or closed. (Rev. Sept. 2021)
Within two working days after the panel determines the matters set out in (2) above, the Panel Chair shall notify in writing the grievant, the President; the Provost; the Dean; and, where applicable, the Department Chair of the decision of the committee as to whether or not the grievance will be heard.
a. If the decision is negative, the Panel Chair will specify the committee’s reasons for not hearing the grievance.
b. If the decision is positive, the Panel Chair shall include in this written notice the date, time and place of the hearing and the committee’s decision as to whether or not the hearing will be open or closed.
c. Within two working days of receipt of the panel’s decision as to whether or not a hearing will be held, the Provost shall give written notice to the panel and the grievant of the name of the representative who will be representing the College at the hearing. The college representative may be any of the following persons, so long as the college representative is not an attorney: the Provost, a Vice President, a Dean, a Department Chair or any other member of the College community deemed appropriate by the Provost. (Rev. Aug. 2018)
Pre-Hearing Procedures
a. If the grievant intends to have counsel at the hearing, the grievant shall notify the hearing panel and the college representative at least ten working days prior to the date of the hearing. Failure to so advise within this time period may result in a delay of the hearing (Rev. Aug. 2018).
b. The assigned hearing panel may reach its own factually supported conclusions regarding whether there are conflicts of interest among proceeding participants and whether a reasonable person would conclude that such conflicts, if they exist, would be likely to prevent participants from responsibly performing their assigned roles in the proceedings.50 If an alleged conflict of interest is found to involve a hearing panel member, that individual will be required to step down from that particular panel, and another committee member will be appointed by the Chair of the Faculty Hearing Committee, subject to the majority approval of the Faculty Hearing Committee as a whole. If an alleged conflict of interest is found to involve the college representative, that individual and the Provost will be timely advised in writing of the panel’s conclusion and the facts supporting the conclusion, although a decision about recusal and replacement of the college representative in that case rests solely with the Provost. Other factually supported conflicts of interest will be dealt with as the hearing panel deems appropriate, consistent with the scope of the panel’s responsibilities and area of authority. Such conclusions of the panel may be appealed to the Faculty Hearing Committee by the grievant or the college representative for reconsideration. The decision of the grievant or the college representative not to appeal such a conclusion of the panel regarding alleged conflicts of interest shall not be presumed to constitute agreement with the panel’s conclusions. (Ins. Aug. 2018)
c. At a mutually convenient time, but at least three working days prior to the hearing, the Panel Chair shall hold a pre-hearing meeting with the parties in order to:
Exchange the names of witnesses to be called at the hearing;
Exchange documents and other evidence to be used at the hearing;
Enter into stipulations of fact, and;
Achieve other appropriate pre-hearing objectives to ensure a fair, effective, and expeditious hearing.
Witnesses and evidence not exchanged at this meeting will not be allowed to be presented at the hearing except for good cause shown, as determined by the hearing panel. (Rev. Aug. 2018)
The Hearing
a. Attendance
If the hearing is to be closed, attendance shall be limited to:
a. Members of the hearing panel, including the alternate
b. The grievant
c. The grievant’s advisor or lawyer, if desired
d. The college representative
e. The college’s General Counsel
f. Witnesses while giving evidence
g. AAUP observer, if requested by either party or the committee
h. Recording equipment operator and/or court reporter, if any.
All participants in a closed hearing will be asked to maintain the confidentiality of the hearing to the extent reasonably possible. (Rev. Aug. 2018)
If the hearing is to be open, the only parties to be excluded will be the witnesses, who may not attend the hearing.
The grievant’s advisor or attorney, if any, and the college’s General Counsel may advise any party upon request and may address procedural issues, but they may not question witnesses or make opening statements or closing arguments
(b) Conduct of the Hearing51
The hearing shall not be conducted according to strict rules of legal evidence. Absent a majority vote of the hearing panel to the contrary, the Panel Chair shall rule on evidentiary matters and shall allow to be introduced at the hearing any probative and trustworthy evidence relevant to the matters at issue. Repetitious or cumulative evidence may be excluded.
A recording will be made of the hearing and preserved by the Chair of the committee until all proceedings at the College have been concluded, at which time the Chair shall deliver the recording to the Office of the President for retention or future use.52
The recording arranged for by the Chair shall be the official record of the hearing. If a transcript is prepared from the recording by the College, it will be furnished to the grievant upon request. In addition, either party may have a court reporter present to record the hearing at that party’s own expense. If a transcript is prepared by the court reporter, the other party will be given an opportunity to purchase a copy.
All parties present will introduce themselves at the beginning of the hearing and shall identify themselves when speaking during the hearing for purposes of the record.
The grievant and the college representative will have the right to confront and cross-examine all witnesses. The parties shall be responsible for securing the attendance of their own witnesses and obtaining necessary documentation and other evidence. Upon request, the grievant, the College’s representative, and the administration will cooperate with the panel to ensure that necessary witnesses and evidence are made available.
Where a witness cannot appear because of illness or other cause acceptable to the panel, an affidavit of the witness may be introduced into the record. In such event, the opposing party shall have the right to file counter-affidavits within three working days following the completion of the hearing.
The panel may grant reasonable recesses to enable either party to investigate evidence as to which a valid claim of surprise is made.
Except for such simple announcements as may be required (covering the time of the hearing and similar matters), public statements and publicity about the case by the grievant, administrative officers or the panel and other committee members will be avoided so far as possible until the proceedings have been completed.
The panel members or any party may seek the advice of the college’s General Counsel at any time concerning these procedures.
With respect to the conduct of the hearing, and within the guidelines of these procedures, the Panel Chair may establish other necessary rules and may decide issues presented, subject to being overruled by a majority of the panel.
All witnesses, including the grievant and the college representative, shall testify under oath administered by the Panel Chair or the Panel Chair’s designee.
Hearing panel members shall not discuss the case with anyone outside of the hearing and shall not be influenced in making a decision by any consideration other than the evidence presented to them at the hearing.
The standard of proof to be employed, when necessary, is a preponderance of the evidence.
At any point in the proceedings prior to the issuance of the committee’s findings and recommendation, the grievant may withdraw any portion or all of the grievance, with the consent of the hearing panel. In all cases of withdrawal with consent, the grievant shall not have the privilege of reopening the same grievance at any time in the future. (Rev. Aug. 2018)
c. Sequence of Events
Grievant may make an opening statement.
College representative may make an opening statement.
Grievant presents witnesses and evidence on the grievant’s behalf, subject to cross-examination by the college representative and members of the panel, including the panel alternate.
College representative may request the panel to rule against the grievant and terminate the hearing because the grievance is not supported by the evidence presented by the grievant. The grievant may argue against this request. If the request is granted, the committee shall terminate the hearing and prepare its report. If the request is denied, the hearing proceeds to the next stage.
College representative presents witnesses and evidence, subject to cross-examination by the grievant, and members of the panel, including the panel alternate.
The panel may call new witnesses, or recall previous ones, whose testimony it deems relevant or helpful. New witnesses are subject to cross-examination by the grievant and the college representative.
Rebuttal evidence (either testimony or documents) may be presented by either party, the grievant doing so first.
The grievant may make a closing argument, followed by the college representative. The grievant may rebut the closing argument of the college representative if the grievant so desires.
If the panel would find them helpful, it may request that additional written arguments be filed by both parties, with a copy furnished to the opposing party, within a reasonable period of time stipulated by the panel. (Rev. Aug. 2018)
Post-Hearing Procedures
a. Following the hearing, the assigned hearing panel, exclusive of any remaining alternate, shall meet in closed executive session. In this session, the panel shall prepare its report, based upon the evidence presented at the hearing. The written report shall contain:
Statement of the purpose of the hearing;
The issues considered by the panel;
Findings of fact as to each major issue raised by the parties; and
Recommendations, if desired.
The panel’s report shall be forwarded to the President, the grievant, and the college representative as soon as reasonably possible after the conclusion of the hearing, normally within fifteen working days. The findings and recommendations, if any, of the panel are advisory only and shall in no way bind or commit the President to any suggested course of action. The report must have the concurrence of the majority of the panel. A minority position may be expressed either in a section of the panel’s report or as a separate report.
If the findings and/or recommendations are adverse to the grievant, the grievant shall have ten working days from the date the report is submitted to the President (and provided to the grievant and college representative) within which to submit in writing to the President for consideration any specific objections the grievant may have regarding the conduct of the hearing or alleged errors in the findings of fact. A copy of these objections must be furnished to the panel and to the college representative. (Rev. Aug. 2018)b. Within ten (10) working days after receipt of the panel’s report, and receipt of any objections about the conduct of the hearing or correction of errors of fact from the grievant, or notice of waiver of that right by the grievant, the President shall either submit to the grievant, the panel, and the college representative the President’s written decision on the case or refer the matter back to the panel for further response and recommendation before rendering a final decision.
The President may request that the panel make available the recording and/or transcripts of the hearing and any other evidence.
If the President’s decision is contrary to the recommendations of the panel, the President will include within the written decision a statement of reasons for not accepting the recommendations of the panel.
If the President’s decision is adverse to the grievant, the President shall give written notice to the grievant of the grievant’s right to appeal the decision to the College of Charleston Board of Trustees, when applicable. (Rev. Aug. 2018)
Appeal to College of Charleston Board of Trustees
a. The College of Charleston Board of Trustees, in its sole discretion, may choose to hear appeals of grievances on the grounds specified in X.I.1.a through f, listed at the beginning of the previous section (on “Grievances Before the Faculty Hearing Committee”). In its sole discretion, the Board also may choose to hear appeals of other matters.
b. When an appeal to the College of Charleston Board of Trustees is sought, the grievant must file a Notice of Appeal within ten (10) working days of receipt of the President’s final decision. This Notice must be in writing and sent to the Chair of the Board, with copies to the President, the panel chair, and the college representative. The Notice of Appeal must identify the issues to be raised in the appeal and the grounds for the appeal. Upon receipt of the Notice of Appeal, if the panel chair has not already done so, the chair of the panel shall transmit to the President, for presentation to the Board, the recording of the hearing, as well as all documentary evidence introduced at the hearing.
c. If the College of Charleston Board of Trustees chooses to hear an appeal, the Chair of the Board will establish a reasonable timetable for disposition of the appeal which will be communicated to all parties.
d. At the Chair’s discretion, appeals will be heard by the entire Board or by a committee of not less than three Board members appointed by the Chair for that purpose.
e. Appeals will be heard on the record established in the grievance procedure at the College. The Board shall have available for its review the recording of the hearing, the evidence submitted at the hearing, the report of the panel and any subsequent decisions or recommendations which followed the panel’s report.
Briefs and oral arguments will be permitted but are not required. Oral arguments may be made by the parties or by their attorneys.
f. The Board shall submit its decision in writing to the grievant, the President, the chair of the panel, the chair of the Faculty Hearing Committee, and the college representative. The decision of the Board is final. (Rev. Aug. 2018)
Prohibition Against Retaliation
a. A grievant shall not be harassed, intimidated or otherwise penalized for utilizing these grievance procedures.
42 29 USC 2601
43 South Carolina Human Resources Regulations, Section 19-712.01.
44 Op. South Carolina State Ethics Comm., SEC A092-057.
45 South Carolina Code section 8-17-380
46South Carolina Code section 8-17-380
47 South Carolina Code section 8-17-380
48 If the grievance is based upon a Notice of Dismissal, a copy of the Notice or letter giving notice should be attached to the Notice of Grievance.
49The President and Provost may also express a preference for an open or closed hearing by informing the chair of the committee of the preference before the committee’s first meeting.
50 Determinations regarding conflicts of interest should be guided by the relevant provisions of Section 8-13-700, South Carolina Code of Laws, and the College of Charleston Ethics Policy, as published at policy.cofc.edu.
The hearing procedures will vary in the following respects when the termination of a tenured faculty member is being considered:
- i. The burden of proof will rest with the College, and the College representative will, therefore, present witnesses and evidence before the faculty member does.
ii. The standard of proof for finding adequate cause for termination shall be by clear and convincing evidence in the record considered as a whole.
iii. When termination is proposed because of incompetence, the College representative must present the testimony of qualified faculty members from the College and other higher education institutions.
52 The recording will be destroyed after five years if no written request to preserve it has been received.