EMERGENCY INVOLUNTARY LEAVE OF ABSENCE WITH PAY
The
This
policy is intended to balance the University’s need to preserve the procedural
rights and professional reputation of individual faculty members with its
legitimate interest in protecting the safety and security of all students,
faculty and staff.
In
striking the appropriate balance between these interests, the University
recognizes the importance of establishing a procedural framework that respects
the right of faculty members to receive attention and care for limited periods
of time without foregoing their salaries or incurring reputational harm.
Except
as provided in this policy, the Vice President shall not be permitted to
suspend a faculty member for non-disciplinary reasons unless the faculty member
is given a prior opportunity to contest the action through the filing of a
complaint with the Faculty Senate Committee on Faculty Welfare and Privileges.
I. APPLICABLE DEFINITIONS
As used in this policy, the following terms shall have the
meanings indicated.
A. “Faculty member”
means any Professor, Associate Professor, Assistant Professor, Lecturer, or
Instructor employed on a full-time, part-time, or temporary basis by the
University of Delaware or any affiliate, college, department, school, or
operating unit of the University.
B. “Provost” means
the Provost of the University; and “Deputy Provost” means the Deputy Provost or
other person at the rank of Vice, Senior Associate, or Associate Provost
designated by the Provost.
C. “Vice President” means the Vice President for Finance and
Administration or, should the Vice President for Finance and Administration be
unavailable, such other University employee designated by the Executive Vice
President.
D. “Dean” means the
Dean of the college housing the faculty member.
E. The “Consultative
Panel” means the President of the Faculty Senate, the Vice President of the
Faculty Senate, a designated representative from the AAUP, and the Deputy
Provost; or, should any one of such panel’s members be unavailable or
unreachable, the remaining members of such panel so long as such panel consists
of three members.
F. “Emergency involuntary
leave of absence” means a faculty member’s involuntary and temporary suspension
from the University for a definite period of time, during which time the
faculty member is not permitted to perform work-related duties on campus.
G. “With pay” means
entitlement to current salary plus any benefits to which the faculty member and
his or her dependents are entitled by virtue of the faculty member’s University
employment.
H. "AAUP" means the University of Delaware chapter of
the American Association of University Professors; and “Collective Bargaining
Agreement” means the collective bargaining agreement entered into between the
University and the AAUP and currently in effect.
I. “Prior to imposition of the involuntary
leave” means that the
faculty member is entitled to a prior hearing by filing a complaint with the
Faculty Senate Welfare and Privileges Committee, consistent with Section 4.A.16
of the Faculty Handbook
(http://www.udel.edu/provost/fachb/IV-A-16-terminations.html), before the
imposition of an involuntary leave of absence with pay.
II.
EMERGENCY INVOLUNTARY LEAVE OF ABSENCE WITH PAY
A. The University may require a faculty member to take an
emergency involuntary leave of absence with pay if, on the basis of observed
conduct, there is credible evidence to believe that the individual has engaged,
is engaging, or is likely to engage in behavior that represents an imminent danger
of harm to self or others. Examples of behavior warranting action under this
policy include, but are not limited to: (1) a suicidal threat or attempt; (2)
ongoing substance abuse or addiction threatening immediate physical harm to self
or others; (3) manifestations of severe emotional distress or other behavioral
or emotional disorder threatening immediate physical harm to self or others;
(4) engaging or threatening to engage in behavior that poses a high probability
of substantial harm to self or others; (5) engaging or threatening to engage in
behavior which would cause significant property damage, would directly and
substantially impede the lawful activities of others, or would interfere with
the educational process and the orderly operation of the University; or (6)
engaging or threatening to engage in any other form of bizarre or destructive behavior.
B. Before an involuntary leave of absence is ordered, the Vice
President shall give the individual the option to take a voluntary leave of
absence.
III. PROCEDURES
A. Under exceptional and urgent
circumstances which meet the conditions specified in Section II.A of this
policy, as determined and documented in writing by the Vice President, the Vice
President may place a faculty member on emergency involuntary leave of absence
with pay for an initial period that shall not last more than seven
calendar days. Should the Vice President determine that time permits, the Vice
President shall make every reasonable effort to confer with and seek the advice
of the Consultative Panel in advance.
B. As soon as possible after placing a
faculty member on emergency involuntary leave of absence with pay and in no
event longer than 24 hours after taking that action, the Vice President shall
convene the Dean and the Consultative Panel by telephone or in person; shall
explain the action taken and the basis for such action; and shall seek input
and advice.
C. By no later than the end of each emergency
involuntary leave of absence period, a meeting between the Vice President and
the faculty member shall occur to further evaluate the need for a continuation
of the emergency involuntary leave of absence with pay. The AAUP Contract Maintenance
Officer shall inform the faculty member of her/his due process rights and the
procedure under this policy. At the faculty member's request, the AAUP
Contract Maintenance Officer shall attend the meeting, and at the faculty member’s request, the faculty member can
be accompanied to the meeting with a University employee selected by the
faculty member. At such meeting, the
faculty member shall be (1) provided
with the option of taking a voluntary leave of absence with pay for such period
and upon such terms as the faculty member and the Vice President shall agree
upon, and (2) given an opportunity to provide the Vice President with relevant
materials or information pertinent to the situation; provided, however, that,
should the Vice President be informed that the faculty member is unable or
unwilling to attend such meeting, the Vice President, following consultation
with the Consultative Panel, may dispense with such a meeting.
D. The Vice President may place a faculty member on a second
period of emergency involuntary leave of absence, provided that the
requirements in Sections III.B and III.C of this policy have been satisfied. If
at least three members of the Consultative Panel determine that the decision to
impose a second emergency involuntary leave with pay is not warranted, then the
second involuntary leave with pay will be rescinded. With respect to any vote
of the Consultative Panel taken in accordance with Section III.D of this policy,
the Deputy Provost shall be a non-voting member if all four members of the
Consultative Panel are present.
E. Should a faculty member be placed on involuntary leave for
any reason other than an emergency described in Section II.A of this policy, the
faculty member shall be entitled to contest the involuntary leave through the
filing of a complaint with the Faculty Senate Committee on Faculty Welfare and
Privileges. The complaint shall be adjudicated prior to imposition of the
involuntary leave.
IV. FACULTY REVIEW
Should an emergency
involuntary leave of absence with pay be imposed, the faculty member may seek
review as follows:
A. Any
faculty member placed on emergency involuntary leave of absence may seek review
of the substance of the decision by the Vice President by filing a complaint
with the Faculty Welfare and Privileges Committee as provided in the Faculty
Handbook. In accordance with the “Mediation and Hearing Procedures” established
by the Faculty Welfare and Privileges Committee, the Provost shall render the
final decision on such complaint.
B. If
the faculty member is a member of the AAUP bargaining unit and entitled to file
a grievance under Article VIII of the Collective Bargaining Agreement, then in
addition to any other remedy the faculty member may file a grievance limited to
allegations of procedural error under this policy.