Dismissal for Cause in IU and IUPUI Language

Dismissal for Cause in IUPUI and IU Policy Language 

This resource simply quotes existing policy. It is not intended as a how-to guide.

The primary resource for faculty appointees with respect to expectations in conduct and ethics is found in ACA-33, Academic Appointee Responsibilities and Conduct (formerly known as Code of Academic Ethics), updated 3/1/2023.

From IUPUI Faculty Guide.

IUPUI Dismissal Procedures for Tenured Faculty and Librarians

In accord with university policy, dismissal of tenured faculty or librarians shall occur only for reasons of incompetence, serious personal or professional misconduct, or extraordinary financial exigencies of the university. Faculty who are not yet tenured but earning credit toward tenure are subject to review and reappointment during their probationary periods. A separate policy applies to these faculty: "Policies Governing Reappointment and Nonreappointment During Probationary Periods." The complete policy can be found in Appendix C. 

 Appendix C. 

If a faculty member or librarian requests a review of an administrative action through the Faculty Grievance Procedures (Bylaws of the IUPUI Faculty Council Article IV), the procedures described within the dismissal documents will proceed concurrently with the Faculty Grievance Procedures. Once exonerated, a faculty member or librarian shall not be required to answer repeated charges based on substantially the same facts. 

II. ALLEGED MISCONDUCT  

Dismissal of a tenured faculty member or librarian on grounds of misconduct shall be sought only with respect to behavior which constitutes such serious and willful personal or professional wrongdoing as to demonstrate the faculty member or librarian's unfitness to hold his or her academic appointment. The following acts exemplify, but do not exhaust the sort of activity which might constitute misconduct: acts which constitute a felony; acts which constitute a flagrant breach of university rules or academic ethics and which involve moral wrongdoing; acts of academic dishonesty such as plagiarism and falsification of reports or research; theft or misuse of University resources; persistent neglect of duties or persistent failure to carry out the tasks reasonably to be expected of a person holding the position involved. Malicious or knowingly false accusations of misconduct shall be considered serious misconduct on the part of the accuser(s). In the course of dismissal for misconduct proceedings, only information or evidence that relates to the alleged misconduct may be considered.  

IU Policy ACA-52: Permanent Separations for Academic Appointees

1. Involuntary Dismissal of Tenured Academic Appointees 

• Involuntary dismissal of tenured academic appointees refers to the termination of employment prior to retirement or resignation. Dismissal is thus to be distinguished from the non-reappointment during the probationary period. 

2. On July 27, 1969, the Board of Trustees enacted the following policy: Dismissal shall occur only for reason of (a) incompetence, (b) serious personal or professional misconduct or (c) extraordinary university financial exigency. No academic appointee shall be dismissed unless reasonable efforts have been made in private conferences between the appointee and the appropriate administrative officers to resolve questions of fitness or of the specified financial exigency. If no resolution is attained, the appointee to be dismissed shall be notified of dismissal in writing by the Chancellor or Provost or President one year before the date the dismissal is to become effective except that an appointee deemed guilty of serious personal misconduct may be dismissed upon shorter notice, but not on less than ten days' notice. Upon receipt of the dismissal notification, an academic appointee must be accorded the opportunity for a hearing. A statement with reasonable particularity of the ground proposed for the dismissal shall be available in accordance with the provisions in the Faculty Constitution. An appointee shall be suspended during the pendency of dismissal proceedings only if immediate harm to the appointee or others is threatened by continuance. Any such suspension shall be with pay. 

3. The hearing required by paragraph 2 shall be held by a campus Faculty Board of Review. 

4. In any case in which the position of an academic appointee with tenure has been eliminated due to a university financial exigency, the university will make every reasonable effort to place the appointee in a comparable position elsewhere in the university or at another institution. 

2. Involuntary Dismissal of Non-Tenured Academic Appointees 

• Involuntary dismissal refers to termination of employment of a non-tenured appointee prior to the expiration of the term of appointment. 

• Involuntary dismissal shall occur only for reason of (a) incompetence, (b) serious personal or professional misconduct, or (c) extraordinary university financial exigency, or on other grounds specified in policies regulating specific non-tenure-track appointment categories. 

• No appointee shall be dismissed for incompetence unless all reasonable efforts have been made in private conferences between the appointee and the appropriate administrative officers to resolve the question of fitness. 

• No non-tenured academic appointee shall be dismissed due to a university financial exigency unless all reasonable efforts have been made by appropriate administrative officers to resolve the financial issue or appoint the individual to a comparable position elsewhere in the university. 

• A non-tenured academic appointee notified of involuntary dismissal must be accorded the opportunity for a hearing before a campus Faculty Board of Review. 

• A non-tenured academic appointee may be suspended during the pendency of dismissal proceedings by the Provost/Chancellor only if immediate harm to the appointee or others is threatened by continuance. Any such suspension shall be with pay. 

Please note that research appointments (research scientists and research associates) are contingent upon funding and require only one month’s notice prior to the expiration of the current appointment (not for-cause). Clinical, lecturer, and pre-tenure faculty must receive one year's notice of non-reappointment (not for-cause).

“Dismissal of an individual with a research appointment holding a long-term appointment which has not expired may occur because of loss of research funding, closure or permanent downsizing of the program in which the faculty member serves, or loss of other outside funding on which the appointment was based”. ACA-20 Regulation of Research Appointments.

This does not cover misconduct. 

Reviewed and revised, with the addition of a link to the updated ACA-33, 2/2024.