Faculty & Clinical Affairs

Alan P. Marco, M.D., M.M.M., Associate Dean
Albert F. Painter Jr., Psy.D., Assistant Dean

Wright State University
Boonshoft School of Medicine

Procedure number: 620

Created: April 2008

Subject: Appeals for WSU Employed Faculty / Hearing Board

Appeal
The faculty member may initiate an appeal in writing to the Office of Faculty and Clinical Affairs within thirty (30) days of receipt of the written notice of non-continuance, suspension or removal.

The procedure for Hearing Board will be followed.

Hearing Board
The purpose of the hearing is to determine if there is substantial evidence to support the intended action.

  1. The faculty member may have an attorney present as an observer but may not be represented by the attorney at the hearing.

  2. The hearing will be recorded by the School of Medicine, and a transcript made available to the faculty member upon request and at the faculty member's expense.

  3. If the faculty member fails to appear for the scheduled hearing, the decision shall be affirmed.

  4. The Dean of Medicine or a designee of the Dean
    • will present the basis for the intended action,
    • may call witnesses if a ten-day advanced written notice is provided to the faculty member, and
    • may not question the faculty member or any witnesses called by the faculty member.
  5. The faculty member
    • may appear and speak on their own behalf,
    • has the opportunity to respond to the Dean of Medicine or designee's presentation,
    • may question the evidence or any witnesses that have been called,
    • may present evidence including testimony of witness, and
    • will be responsible for questioning any witnesses that the faculty member has asked to attend.
  6. The hearing board
    • may question any witnesses that have been called by either the Dean of Medicine or the faculty member.

Timeline/Process

  1. Within 30-45 calendar days after the receipt of the request for the hearing, the Office of Faculty and Clinical Affairs must convene a hearing to review the charges. The Office of Faculty and Clinical Affairs will create a Hearing Board comprised of five members.
  2. Hearing Board Membership

    a. Membership will consist of five faculty members. The members will be appointed by the Dean of Medicine or designee. One of the five members will also be appointed as chair.

    b. Two members of the five will be nominated by the faculty member. Within ten working days of receiving notice of the hearing, the faculty member may submit a list of five to ten faculty nominees to the Office of Faculty and Clinical Affairs. Two nominees will be selected from the list by the Dean of Medicine or designee to serve on the Hearing Board.

  3. The Hearing Board shall call for a hearing not more than thirty nor less than fifteen calendar days after it has been created. The Office of Faculty and Clinical Affairs will communicate in writing the schedule date, place, and time of the hearing to all parties concerned, accompanied by an explanation of the rules under which the hearing shall be conducted. The letter should be sent by both certified mail and U.S. mail to the faculty member.

  4. The Office of Faculty and Clinical Affairs arranges and pays for the appearance of the court reporter. The faculty member pays for any transcriptions of the hearing.

  5. Within ten business days following the conclusion of the hearing, the panel must submit a written recommendation to the Dean of Medicine. The hearing must reach its decision by a majority vote based on the evidence presented. The recommendation can be to

    a. affirm the intended action,
    b. take revised action against the faculty member, or
    c. not affirm the intended action.

  6. Within 15 business days of the receipt of the hearing board's recommendation, the Dean of Medicine must decide and notify the faculty member in writing of the decision. The decision can be to

    a. affirm the intended action,
    b. take revised action against the faculty member, or
    c. not affirm the intended action.

  7. Within ten business days of receipt of the notice of the decision, the faculty member may appeal the decision to the provost of the university. The appeal must be made in writing and must contain the action the faculty member requests and reasons in support of that action.

  8. Within 15 business days of receipt of the appeal, the provost of the university must notify the faculty member in writing of the decision to affirm or not affirm the action.

  9. Should the final decision be for non-continuance, termination shall not become effective until the end of the appointment period.

At the discretion of the Dean of Medicine, the time lines may be modified as may be appropriate to ensure fairness and realities of scheduling.

Updated April 8, 2008 (sho)

Procedures Table of Contents

Bylaws, Policies and Procedures