355    CONFLICTS OF INTEREST

Full-time faculty members may not hold two full-time academic positions concurrently.

Faculty should not undertake any outside employment activities that conflict with the performance of faculty obligations as described in this handbook.  Outside employment activities do not reduce regular faculty work responsibilities.  Any professional efforts requiring released time must be formally contracted in writing with the department Chairperson, and subject to the approval of the Dean of the appropriate School.

The high ethical standards to which our faculty hold themselves are our best safeguards against conflicts of interest.  However, judgments will differ and faculty are advised to consult with their department Chairperson and/or the Dean of the appropriate School whenever there are any questions regarding conflicts of interest or the appropriateness of a given outside professional activity.

360    ALCOHOL/ILLEGAL SUBSTANCE USAGE

The Drug Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 recognize that all employees, faculty, and students have a right to a workplace and educational environment that is free of illegal drugs.  It is, therefore, College policy that the use, possession, sale, or manufacture of illegal drugs or controlled substances on the premises or at any event sponsored by the College is strictly prohibited.

On a more personal level, we are also committed to providing individuals with counseling, referral or rehabilitation programs for drug and alcohol abuse.  As a result of these Acts, Columbia College Chicago is required to review College policy regarding drug and alcohol abuse and communicate this policy and the mandates of the Acts.  While it is not the College’s intention to intrude into faculty members’ private lives, Columbia holds unalterably that an individual’s involvement with substance abuse, whether on or off the campus, has an impermissible impact on the College’s environment and is an entirely justifiable institutional concern.  Please read the following policy carefully.  It will be strictly enforced.

About Using or Selling Drugs or Alcohol While on the Campus

Columbia cannot tolerate the possession, use, or distribution of illegal drugs while on College property. 

If a faculty member unlawfully manufactures, distributes, uses, sells or possesses narcotics, illegal drugs or controlled substances on college premises or at College sponsored events, both on and off campus, disciplinary action will be taken.  Your affiliation with the College may be terminated, even if it is a first offense. 

An illegal drug includes any drug which is not legally obtainable in the United States, or which is legally obtainable but is being used in a manner different from that prescribed by a doctor of medicine or intended by the manufacturer

It is College policy that faculty, administration, and staff are strictly prohibited from consuming, serving, or allowing students to consume or serve alcoholic beverages on College premises and at events, meetings, or informal gatherings sponsored by the College when students are present.  Students are not permitted to possess or consume alcohol at College sponsored events on or off campus.  Violation of this policy will result in discipline, which may include immediate suspension or expulsion of the students or suspension without pay or termination of employees.

If you are Convicted of a Drug-Related Offense

Columbia College Chicago faculty or staff who are convicted of a drug-related offense, which occurred in the workplace or off campus must report in writing their conviction to Columbia College Chicago within five days of the conviction.

A conviction means that the person in question was found guilty or pleaded guilty, including a plea of nolo contendere,  (no contest) or a sentence was imposed upon him or her by any judicial body that has responsibility to determine violations of the federal, state, of local criminal drug statutes.

Assistance Counseling

If a faculty member desires assistance or counseling, or wishes to participate in a program for the prevention of drug abuse, he or she should contact the Director of Human Resources.  If a student needs further assistance or information, refer him or her to Counseling Services, which can provide him or her with information on available counseling resources and drug abuse treatment programs on a confidential basis.

365    PROCEDURES AND GUIDELINES FOR EVALUATION OF FACULTY AND CHAIRPERSONS

Evaluation is intended to reveal the individual strengths and weaknesses of the College faculty as they affect teaching, professional activity, and service to the College and to the community.  Such assessment is intended to lead to development of individual faculty members, and to improvement of the College faculty generally by whatever means are appropriate and possible.

365.1    EVALUATION OF FACULTY

For the purposes of evaluation, tenure-track, and tenured faculty, Artists-in-Residence, and Lecturers are all considered full-time, and are subject to evaluation.  What follows is not meant to include part-time or temporary faculty:

Terms of Appointment

The terms and conditions of every appointment must be stated in writing at the initial appointment.  Faculty members will be advised, at that time, of the expected standards, evaluations, and procedures.  For further information, refer to Tenure Document.

The process of evaluation is carried out for the purpose of improving the effectiveness of teaching performance and overall contribution of the faculty to the department and the College.  In this spirit, faculty must be given every opportunity, support, and encouragement to achieve these goals in an atmosphere of collegiality.

The following three criteria for evaluation arranged in order of priority, i.e., teaching is first in importance, professional activity is second, followed by College and community service. Artists-in-Residence and Lecturers are evaluated on teaching only.

• Teaching

  This means effective classroom teaching of College courses that demonstrated substantial grasp of the relevant subject matter, skills in classroom management, construction of significant assignments and sound instruments for evaluating students’ performance, fair and reasonable grading standards, and careful course and curricular design.  In addition, this includes the closely related arts of motivating and advising students, and being sufficiently accessible to them to provide guidance concerning matters arising from the curriculum, college policies, and career hopes.  Furthermore, it is expected that faculty will demonstrate awareness of, and sensitivity to, the states of preparedness, both academic and social, as well as to the economic circumstance of the students enrolled in the classes taught. 

  The College recognizes management of curricular activity within a department as a respected teaching endeavor.

• Professional Activities

  One should show evidence of continuing growth in the discipline, art, or practice for which one was hired, especially as shown by merit recognition earned from the off-campus community of one’s professional peers.  The evidence includes, but is not limited to, winning awards, honors, grants; being invited to serve as a judge, critic, panelist, workshop leader, or reader of a paper on the program of the meetings of a recognized professional society; editorial service for an appropriate journal, newspaper, or publication; service as an officer in an appropriate professional society; being selected for public performance or exhibition of one’s skills or works; published stories, articles, or reviews, monographs, books, music, photographs; further formal education or training in one’s own or another appropriate field.  Although attending seminars and professional meeting is to be expected an encouraged as stimulus to growth, mere attendance is not as significant as the kind of activity by which a faculty member actively contributes to the quality of his/her profession, and thereby attracts merit recognition by peers outside the College.

• College and Community Service

  Both are important, but service to the College, including the department, is more basic, e.g., through active participation in standing and ad hoc committees, task forces, special appointments, projects, and events that enrich the life of the College, improve its operations as an institution, and raise the level of civility and collegiality within the institution.  Community service is especially significant when it arises from, and uses, the faculty member’s professional skills, or depends upon his/her status as a member of the College faculty.  It should be noted that the College encourages voluntary participation in civic activity about social and political issues, but that for the purposes of faculty evaluation, such activities do not generally constitute instances of professional activity, nor of community service.

Evaluation of faculty will be carried out by department Chairpersons and, where required, by the faculty’s departmental tenure committees, using as many of the following sources of information as possible:

• Course evaluation (including present and past syllabi, examinations, and grade analysis of past semester).
• Classroom observation of teaching (carried out by the Chairperson and/or a person designated by the Chairperson).  Classroom observation of teaching will be carried out at a time mutually agreeable to the faculty member and the observer.  Shortly following each such observation, there will be a conference between the observer and the faculty member to discuss the teaching observed.
• Student evaluations of teaching.  The purpose of student evaluation of teaching is to help the College improve the quality of teaching and learning.  These evaluations are intended to provide the faculty member and the College with helpful information about the students’ experiences in the course.  All evaluations will be summarized in a statistical report.  Copies of this report are to be in the hands of both the Chairperson and the faculty member on the occasion of the evaluation review.  The report will consist of a computer-generated profile of the results of evaluation, class by class, which will remain in the department.  The original student evaluations will be returned to the faculty member and copies will be retained in the department for six years for tenure-track and five years for tenured faculty
• Self-evaluation, including an annual activity report for the previous calendar year with appropriate substantiating evidence, prepared by the faculty member, and addressing the three evaluation criteria:  teaching, professional activities, and College and community service.

The materials collected by the Chairperson to prepare for writing the evaluation will be kept in the department or returned to the faculty member.  The Chair’s document of faculty evaluations will be kept in the faculty member’s official personnel file in the Office of the Provost.

Each department will use the College-wide Scantron forms, applying the same criteria College-wide.  These forms may be supplemented with departmental evaluation forms.  All-College student evaluations of tenure-track faculty will occur each Spring semester of the tenure-track period in all courses. All-College student evaluations of tenured faculty scheduled for post tenure review will occur each Spring semester in all courses. All-College student evaluations of Artists-in-Residence and Lecturers will occur each Spring semester in all courses. Faculty will set aside a portion of each class period (usually at the end of the semester) for student evaluations.  Faculty may not administer student evaluations or be present in the classroom during the evaluation

• Full-time faculty members who are tenure-track will be evaluated annually up to and including the sixth year.  See Section 322 and Tenure Document, Section IV.
• Tenured faculty members will be evaluated every five years.  See Section 321-? and Tenure Document, Section VIII
• Artists-in-Residence and Lecturers will be evaluated annually.

365.2    EVALUATION OF CHAIRPERSONS

The Chairperson of an academic department is appointed by the President and reports to the Administration.  Although they are members of the faculty, Chairs are held to an administrative standard that includes a commitment to and realization of departmental goals and objectives, set firmly within the context of the College’s mission.  At the beginning of the three-year term the Chair will receive a charge from the Dean of the appropriate School identifying goals and objectives agreed upon at the time of hire.  These will be reviewed annually in a discussion with the Provost and the Dean of the appropriate School.  In the middle of the third year there will be an evaluation of the Chair’s performance.  Since the perception of the department faculty is valued and central to the evaluation process, during that time a formal faculty voice will be solicited and analyzed by the Dean of the appropriate School as one of several factors that will determine the Chair’s continuance.  By February 15 of the third year of the term, the Dean of the appropriate School will inform the Chair of the decision, renewal of Chair’s contract, or return to the faculty.  After successfully completing an initial three-year term as Chair, as second three year Chair contract will be offered.  Subsequent evaluations will be done on a three-year rotational basis.

NOTE:  Those Chairpersons with contracts issues on or before 1992 do not serve under three year renewable contracts; instead they serve as both tenured faculty and tenured Chairpersons.  They are, however, subject to the three-year review process in order to evaluate their performance in the role of Chair.

Evaluation of Chairpersons is intended to reveal individual strengths and weaknesses of Chairpersons in their leadership of departmental programs, and in their overall attempt to enact the college mission. Such assessment is intended to provide guidance and support, as well as clarity of standards of performance, for Chairpersons, leading to improvement of the educational programs of the College, greater communication among faculty and Chairs within departments, greater coordination and cooperation throughout the College and increased standing for the departments and the College locally and nationally. In this spirit, the Chairperson must be given every opportunity, support, and encouragement to achieve these goals in an atmosphere of collegiality.

Criteria

Chairpersons are considered faculty for purposes of tenure.  However, they assume additional roles and responsibilities that differ substantially from those of faculty in many respects.  Thus, the College recognizes that the relative weight, as well as extent, of criteria used for evaluation of Chairpersons also differs.  In particular, the increased administrative and College-wide expectations means that the work done by Chairpersons in these areas must be given far greater weight than in faculty evaluations.  The criteria for evaluating Chairpersons are in order of importance as follows:

I.  Academic leadership:

1) Vision: formation, clarification, and implementation of departmental goals and policies, in accordance with the College mission;

2) Curriculum:  review, development, and evaluation of departmental curriculum, including implementation of a comprehensive and effective assessment plan leading to responsible curricular change.  Responsibility for maintaining academic rigor in departmental offerings. Chairpersons are encouraged not only to develop the departmental curriculum but also to explore and support sound interdisciplinary curricular endeavors;

3) Faculty:  recruitment, hiring, and evaluation of faculty;

4) Faculty Development:  Promoting and guiding faculty development in the aggregate (as in providing in-service training sessions leading to pedagogical improvements) and, where appropriate, for individual faculty members in the areas of teaching (within the department and in interdisciplinary College courses and programs), professional development, and College and community service.

II.  Teaching:

The Chairperson will be evaluated, as are all faculty, by the students in his or her classes, by the faculty of the department, and by a peer review committee as outlined below (see “Procedures.”)  The schedule for evaluation of teaching is dependent upon the Chairperson’s status as a tenure-track or tenured faculty member.  See the Tenure Document for further detail. Effective classroom teaching in college courses demonstrates a substantial grasp of the relevant subject matter, skills in classroom management, construction of significant assignments and sound instruments for evaluating students’ performance, fair and reasonable grading standards, and careful course and curricular design.  In addition, this includes the closely related arts of motivating and advising students, and being sufficiently accessible to them to provide guidance concerning matters arising from the curriculum, college policies, and career hopes.  Furthermore, it is expected, as with all faculty, that Chairpersons will demonstrate awareness of, and sensitivity to, the states of preparedness, both academic and social, as well as to the economic circumstance of the students enrolled in the classes taught.

III.  Professional Activity:

Professional activity is a critical part of job responsibilities.  Although professional activity may vary in academic and career departments, the same standard for such activities will be used in making evaluative judgments.  The Chairperson’s work will provide evidence of continuing growth in the discipline, art or practice for which one was hired, especially as shown by merit recognition earned from the off-campus community of one’s professional peers. The evidence includes, but is not limited to, winning awards, honors, grants; being invited to serve as a judge, critic, panelist, workshop leader, or reader of a paper on the program of the meetings of a recognized professional society; editorial service for an appropriate journal, newspaper, or publication; service as an officer in an appropriate professional society; being selected for public performance or exhibition of one’s skills or works; published stories, articles, or reviews, monographs, books, music, photographs; further formal education or training in one’s own or another appropriate field.  Although attending seminars and professional meeting is to be expected and encouraged as stimulus to growth, mere attendance is not as significant as the kind of activity by which a faculty member actively contributes to the quality of his/her profession, and thereby attracts merit recognition by peers outside the College.

IV.  Administrative Leadership

Maintenance of collegiality:  promoting cooperation with the Chairperson’s own faculty, with students, and with members of the wider College community.

Budgets:  Responsible development and management of the departmental budget, including capital expenditures, class fees, faculty and staff salaries, equipment, facilities, and all other areas necessary to the educational effort to the department. Wherever feasible, the Chairperson is advised to consult with the faculty in these areas.

College Service:  College service is especially important for Chairpersons and involves an active and collegial participation in a leadership capacity on standing and ad hoc committees, task forces, special appointments, projects, and events that enrich the life of the College or improve its operations as an institution.

Community Service: Includes contributions to cultural and social activities, especially in those instances arising from and using the faculty member’s professional skills, or depending upon his/her status as a member of the Columbia College Chicago faculty.  It should be noted that the College encourages voluntary participation in civic activity about social and political issues, but that for the purposes of evaluation, such activities do not generally constitute instances of professional activity, nor of community service.

Student recruitment and Support:  Effective recruitment efforts and development of student support services applicable to the discipline and enhancing students’ prospects for success at the College.

NOTE:  Applications by Chairpersons for tenure as faculty will be evaluated by the Departmental Tenure Committee and the All-College Tenure Committee according to criteria established for Chairpersons, which include the criteria established for faculty but which also give due weight to time served in performing the roles and responsibilities of Chairpersons, as indicated above under “Criteria.”

Procedures

The procedures for evaluating Chairpersons is as follows:

Chairpersons will be evaluated every year in the first three years of their appointment and at three-year intervals if subsequent Chair appointments are granted.  More frequent evaluations may be specifically requested by the Chairperson, by two-thirds of the department’s full-time, tenure-track and tenured faculty, by the Dean of the appropriate School, or by the Provost.

YEAR ONE:

At the beginning of the Chairperson’s appointment, in the first week of the Fall semester, the Chairperson will be given a preliminary charge by the Dean of the appropriate School. The charge will be formulated on the basis of the mission of the College, departmental goals and objectives, and discussions of the search committee at the time of hire.  During the first year of service the Chairperson, in consultation with the full-time faculty, including tenured, tenure-track and Artists-in-Residence, will develop a departmental action plan based upon the departmental goals as they reflect the college mission. 

By February 1 of the first year, the Chairperson will meet with their Dean for review of performance. At the request of the Dean or the Chairperson, the Provost may participate in this discussion. A written summary of this meeting will be prepared for the Chairperson’s file. For Chairpersons with both undergraduate and graduate programs, the Dean of the Graduate School will contribute to review meeting and written summary.

By Week 15 of the Spring semester of the first year (approximately May 15), the Chairperson will submit departmental action plan to the Dean of the appropriate School. The Dean will then meet with the Chairperson to discuss the plan may make specific suggestions for clarification or revision to ensure its completeness and its conformity to the College mission and to College policies. In departments with graduate programs, a copy of the action play will also be submitted to the Dean of the Graduate School for consideration and comment; such commentary will inform the discussion and may result in further revision and clarification of the action plan.

YEAR TWO:

By February 1 of the second year of service, the Chairperson will again meet with their Dean for review of performance. At the request of the Dean or the Chairperson, the Provost may participate in this discussion. A written summary of this meeting will be prepared for the Chairperson’s file. For Chairpersons with both undergraduate and graduate programs, the Dean of the Graduate School will contribute to review meeting and written summary

YEAR THREE:

By Week 11 of the Fall semester in the third year of service (approximately December 15), the Dean will distribute Chairperson evaluation forms to all departmental full-time faculty and artists-in-residence.  Evaluations submitted by faculty are an important factor in the evaluation process but are not solely determinative in the decision as to whether or not a Chairperson will be continued.

Departments with only one full-time faculty member should solicit evaluation forms from all part-time faculty.

By Week 15 of the Fall semester (approximately January 1), the Chairperson will submit a written report detailing results of departmental efforts to implement the action plan, along with any other supporting materials relevant to evaluation criteria for Chairpersons listed above.

By January 15, faculty members should have returned Chairperson evaluation forms to Dean’s office. The Dean will then prepare written evaluation of the Chairperson based upon performance of the outlined Chair evaluative criteria and also including, but not limited to, a summary of comments by the faculty of the department.  This evaluation will outline strengths and areas of concern, with specific suggestions for improvement if the Chairperson is to be continued. 

No later than Week 1 of the Spring semester (approximately February 15) the Dean will meet with the evaluated Chairperson to review the evaluation and inform the Chairperson of the Dean’s recommendation for continuance or return to faculty status.  The evaluative statement will be placed in the Chairperson’s file. Within one week, the Chairperson may provide a written response to the Dean’s evaluation. This statement should be included in the Chairperson’s personnel file. In addition, the Chairperson may request a meeting with the Provost, and, for substantial matters, may subsequently request a meeting with the President in order to discuss any aspect of the evaluation.

Non-Renewal

The Dean of the appropriate School will notify the Chairperson in writing of the intent to remove him or her form that role.  Such notification will occur by February 15^th of the final year of the contract period.

Removal of a Chairperson before the end of his/her Chair appointment contract period should be undertaken for cause only, including, but not limited to, cases where clear evidence exists that the Chairperson is not meeting the goals outlined in the College mission or in the action plan, that the department’s faculty is clearly and overwhelming dissatisfied with the Chairperson’s performance and such performance is in opposition to the administrative charge, or that the Chairperson has engaged in malfeasance or other unethical behavior.

Chairpersons who are removed from their positions will continue as members of the faculty, according to provisions outlined in the faculty handbook.

At his or her discretion, a person who is relieved of Chairperson duties may request an extension of up to three years in the time limit established for faculty tenure application, in order to allow for further development in those areas of evaluation given more weight for faculty than for Chairpersons.

370    GRIEVANCE AND APPEALS PROCESS

The Elected Representatives of the College (ERC) is a council that serves two functions:

1. To hear grievances of all full-time faculty (including tenure-track and tenured faculty, Chairpersons, Artists-in-Residence, Lecturers, and Temporary full-time faculty) of an action which substantively and adversely affects the individual’s evaluation and/or the evaluation itself; or academic freedom; or workloads as generally understood in terms of College norms (See 315 FACULTY CATEGORIES, 325.1 FACULTY ADMINISTRATIVE WORKLOADS GUIDELINES, 330 FACULTY RESPONSIBILITIES and 360 ALCOHOL/ILLEGAL SUBSTANCE USAGE); or discriminates against him/her on the basis of age, race, color, creed, sex, religion, handicap, disability, sexual orientation, and national or ethnic origin contrary to the Illinois human rights Act of Title VII of the Civil Rights Act of 1964 or the Age Discrimination Employment Act.
3. To serve as an appeal council for non-renewal for cause of tenure-track or tenured faculty, including tenure-track Chairpersons, Artists-in-Residence, and Lecturers.  See Tenure Statement, Section IX.

370.1    GRIEVANCE PROCEDURES

The intent of grievance procedures is to resolve the conflict at the most immediate level possible.  When a grievance is resolved, both parties should sign a statement to that effect.

-Within ten working days (barring extenuating circumstances as specified) following the decision or action that is the subject of the grievance, the grievant shall submit a written statement of the grievance to the grievant’s department Chairperson.  If the grievance is initiated by the Chairperson, then the written statement should be submitted to the faculty member, subject of the grievance. The statement shall contain a detailed explanation of the nature of the grievance, the person or persons against whom it is directed, and the factual information pertinent to the grievance, especially that which supports the grievance.

-Within 15 working days (barring extenuating circumstances as specified) of receiving the grievance, or later as agreed by the participants, the Chairperson shall issue a written decision.  Within seven working days of receiving the Chairperson’s written decision, the grievant shall submit a written statement of the grievance as described in paragraph one and the Chairperson’s decision to the appropriate administrative officer.  If the subject of the grievance is of an academic nature, the materials shall be submitted to the Dean of the appropriate School; if of an administrative nature, to the Provost.  If the grievant is unsure of the exact category, the materials should be submitted to both officers, who will promptly confer and decide whether the grievance is administrative or academic and notify the parties involved.  Within 15 working days of receiving the grievant’s information, the appropriate administrative officer shall issue a written decision.

-Within ten working days (barring extenuating circumstances as specified) of receiving the Dean’s or the Provost’s written decision, any party to the grievance is entitled to petition the ERC for the appointment of two mediators from the College (non-ERC members).  One shall be a Chairperson, and one a full-time tenured faculty member. They will mediate the grievance and submit a written report to the ERC recommending a resolution.  In the event that the grievance cannot be resolved through mediation, the report will state the parties’ final position.  This report shall be delivered to the parties involved within ten working days of the mediator’s appointment (barring extenuating circumstances as specified).

-Within ten working days of issuance of the mediator’s report (barring extenuating circumstances as specified), any party to the grievance may file a written request for an ERC review of the grievance with the President’s office.

-After all appeal procedures are exhausted or have expired, the recommendation of ERC shall be submitted to the President for his/her consideration.

-The time limits are essential and should not be extended except under extenuating circumstances.

-The Provost shall act in the President’s absence.

-At any time during the grievance procedure, the grievant or any other party to the procedure may request the ERC to evaluate the appropriateness of whether the action is grievable.  Such a request shall be written, filed with the President’s office, and include the grievant’s statement.  Within seven working days (barring extenuating circumstances), the ERC shall issue a written decision.

370.2    COMPOSITION OF THE ERC

The ERC shall be composed of three (3) tenured faculty from different departments elected by the Columbia College Faculty Organization (CCFO), along with one (1) alternate, and three (3) tenured Chairpersons elected by the Chairpersons’ Council along with one (1) alternate.  Each elected representative shall have one vote of equal weight in any decision the ERC is called upon to make.  In the event an ERC member requests review, participates in a decision under ERC review, or lacks impartiality, then for this proceeding only, that member shall be replaced by the alternate.  In the event that the alternate is likewise disqualified or an alternate is not available to fill a vacancy, then for this proceeding only, the vacancy shall be filled by another of equal rank in the case of faculty, appointed by CCFO officers. In the case of a Chairperson, the officers of the Chairpersons’ Council shall appoint a Chairperson.  All alternate appointments shall be approved by the other ERC members. No member of the ERC shall serve a concurrent term on the All-College Tenure committee (ACT).

370.3    ELECTION PROCEDURE

The two constituent bodies, the CCFO (Columbia College Faculty Organization) and the Chairpersons’ Council, shall nominate tenured members by whatever process each of the memberships agrees upon as suitable and fair.  The CCFO elections shall precede that of the Chairpersons’ Council.  No two members of the ERC shall be from the same department.  Each of these bodies shall conduct the election and the nominee or nominees who receive the majority of the votes cast or the highest number of votes cast shall be elected.  The person receiving the next largest number of votes shall be the alternate for each constituency.

370.4    TERM OF OFFICE

ERC members’ terms shall be one year beginning July 1.  In the event the ERC is considering matters on July 1, the terms shall be extended for the period of time necessary to complete consideration of all matters pending before the ERC.

370.5    APPEAL PROCEDURES FOR TERMINATION OF FULL-TIME FACULTY

All full-time tenure-track and tenured faculty, including Chairpersons and Artists-in-Residence.

Within fifteen working days (barring extenuating circumstances as specified) after a full-time tenured faculty including a Chairperson and Artist-in-Residence receives notice of dismissal the affected party may file a written request for an ERC review with the President of the College.

After due deliberation, a process that will include the interview of the person in question, faculty members, and students of the department and others whose opinions may be appropriate, the ERC shall vote.  A majority vote will prevail.  A tie vote shall not alter the original decision under review.  The ERC’s decision shall be sent to the President.

The President shall send the affected party written notice of the ERC’s decision.  In the event of a tie vote, the affected party may seek further review by written request to the President’s office within five working days (barring extenuating circumstances as specified) of receiving notification of the ERC’s decision.

The President shall appoint a three (3) person ERC Appeals Committee composed of two (2) impartial tenured Chairpersons and one (1) impartial tenured full-time faculty where the affected party is a Chairperson, and two (2) impartial tenured full-time faculty and one (1) impartial tenured Chairperson in all other cases, and submit the committee to ERC for its affirmance by majority vote.

The committee shall review the entire matter and reach a decision within ten working days after it is impaneled (barring extenuating circumstances as specified) by majority vote.

After all appeal procedures are exhausted or have expired, the written recommendation of ERC and the ERC Appeals Committee appointed by the President shall be submitted to the President for his/her consideration.  The President’s written decision shall be sent to the affected party.  The decision shall be made in writing and shall not be subject to further challenge or review.

The time limits are essential and should not be extended except under extenuating circumstances.  (see Section IX of the Tenure Document).

370.6    DEFINITIONS

“Extenuating circumstances” mean the severe illness or death of a participant or someone in their immediate family; or the disqualification of a participant or other events beyond the participant’s control which in the ERC’s opinion justify an extension of time.  At the earliest opportunity, participants shall notify the ERC of extenuating circumstances and request an extension of time.

“Working days” means any day that classes (Monday through Saturday) are in session during fall and spring semesters.

380    ANTI-DISCRIMINATION AND SEXUAL HARASSMENT POLICY

Section I. Statement of Policy

Columbia College is committed to maintaining work and academic environments which are free from discrimination and harassment and which foster mutually respectful conduct among faculty, staff, students and guests regardless of individual values and sensibilities. Harassment as defined in Section VI is a form of discrimination and both are immoral and reprehensible. Discrimination and harassment on the basis of race, national origin, ethnicity, sex, age, disability, or religion are also illegal under state and federal law while discrimination and harassment on the basis of sexual orientation are illegal under local law.

Discrimination and harassment create an environment for students, faculty and staff that diminishes individual self-worth and one’s capacity to achieve. Discrimination and harassment involve the abuse of power in the workplace and the classroom and/or behavior that threatens, intimidates and humiliates the recipient of such behavior. It creates a hostile climate in which abused individuals must struggle to work, to receive equitable pay, promotions or to study with dignity. Discrimination and harassment can be denigrating and disrespectful, and sometimes menacing and dangerous.

The College is fully committed to the encouragement and development of an environment which is non-hostile and supportive of those who work, teach and study in the community. It will further and protect such efforts to the extent possible.

No member of the Columbia College community shall engage in discrimination or harassment in any program, activity or place over which the College exercises control. It is expected that every member of our community will take responsibility for refraining from any form of discrimination or harassment , reporting any incident that is made known, cooperating in preventing such behavior and assisting with corrective measures when, despite our serious commitment, these acts occur.

Recipients of discrimination or harassment often fear reprisals for reporting such conduct. To address this concern, Columbia College will pursue vigorously any allegations of retaliation for reporting or assisting in the investigation of a complaint of any form of discrimination or harassment and will levy harsh disciplinary sanctions on those found to have engaged in retaliation. See Section XI below.

Conduct violating the College Policy may also violate Title VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Title IX of the Higher Education Amendments of 1972, the Illinois Human Rights Act or the Chicago Human Rights Ordinance. Charges of workplace discrimination or harassment may be filed with the U.S. Equal Employment Opportunity Commission within 300 days of the conduct, charges of discrimination or harassment in which a student is the recipient with the Office of Civil Rights of the Department of Education, and both with the Illinois Department of Human Rights or the Chicago Human Rights Commission within 180 days of the conduct. The time within which to file charges begins on the day the discriminatory or harassing conduct occurs. Any complaint of discrimination or harassment filed under the College’s policy shall be processed even if a discrimination or harassment complaint is filed with a governmental agency.

Section II. Responsibilities of Community Membership

It is the responsibility of each community member to be knowledgeable about discrimination and harassment, their negative impact and the means by which they can be effectively addressed. Every member has a role in the implementation of this policy. A person who engages in discrimination or harassment must reform his or her behavior or be subject to disciplinary action up to and including permanent exclusion from the College. A person who witnesses or learns of any form of discrimination or harassment is expected to cooperate in the College's efforts to address adequately that occurrence. A person subjected to discrimination or harassment should never accept the role of "victim" but should affirmatively assert his or her right in accordance with the procedures under this policy to be free of such behavior. The community recognizes the potentially damaging psychological effects of discrimination or harassment that may hinder that person's ability or willingness to report an incident, and the College will make every effort to help an individual obtain counseling and to provide a discrimination and harassment free workplace and learning environment.

Ignorance neither justifies nor excuses the occurrence of discrimination or harassment. Intent to discriminate or harass is not necessary to determine that discrimination or harassment has occurred. Columbia College shall undertake educational measures on a regular basis so that every member of our community understands what constitutes discrimination and harassment and their negative effects on each of our lives. These measures shall include:

(1) The dissemination of an annual notice to each member of the College community as well, thereafter, to each newly appointed, hired or enrolled member of the College community, which notice shall contain this section of the policy and a summary of the remaining sections of this policy; and,

(2) Education programs offered on a periodic basis that each member of the college community will be expected to attend.

Section III. Academic/Artistic Freedom

Academic / artistic freedom protects the presentation and discussion of ideas and artistic works. It does not include demeaning or intimidating students because of a personal characteristic. As is stated in the College’s Academic Freedom Policy, “The concept of academic/artistic freedom is accompanied by an equally demanding concept of academic/artistic responsibility,” and this requires “responsible service, consistent with the faculty member’s obligation to the College.”

In considering what are appropriate classroom statements or conduct a faculty member should consider 1) whether the statements or conduct advance a valid educational objective related to the subject matter of the academic experience, and 2) whether they are made or occur in an academically appropriate manner as part of a valid educational objective. Similarly, while in the normal course of student-faculty exchange it may sometimes be of value to discuss or present a controversial matter or experience that has no direct relation to the immediate academic subject, nevertheless the faculty member must also be cognizant that under the College’s Academic Freedom Policy that he or she may not have a right to discuss such a matter.

Section IV. Scope of Policy

Discrimination and harassment can happen on or off campus and are unacceptable and a violation of this policy whether it occurs in the work or learning place itself or in other work or college-related activities, such as internships, social and performance events or conferences.

This policy forbids discrimination or harassment between any individuals associated with the College, e.g., between a supervisor and an employee; between co-workers; between faculty members; by a campus visitor or guest, vendor or contractor towards a faculty or staff member or student; between a faculty member or staff member and a student; or between students. Student initiated discrimination or harassment also violates the student code of conduct, as described in the Student Handbook.

When such unwelcome conduct explicitly or effectively alters the terms or conditions of a student’s academic experience or an individual’s employment, it will result in disciplinary sanctions. A single episode of very severe discrimination or harassment will be considered an alteration in the terms and conditions of academic experience of employment so as to result in disciplinary action. Disciplinary sanctions may also be appropriate even if there has not been a tangible academic or employment consequence if a reasonable person would view the discriminatory or harassing conduct to be severe or pervasive. The College expects compliance with this policy by campus visitors, guests, vendors and contractors. It will take appropriate actions if this policy is violated by them.

An isolated incident of an unwelcome nature, such as an inappropriate comment, will not necessarily result in disciplinary action beyond advising the individual to cease such behavior. However, if the individual repeatedly makes inappropriate comments without serious academic purpose that create a discriminatory atmosphere and distress or discomfort participants, that may be a change in the terms of one’s academic experience or employment that would result in more serious disciplinary sanctions.

Community members are encouraged to report any incident that they believe constitutes discrimination or harassment so that the conduct can be stopped before it becomes severe or pervasive.

Section V. Definition and Examples of Discrimination

Discrimination is unequal favorable or unfavorable treatment of an individual based on race, national origin, ethnicity, sex, age, disability, religion or sexual orientation. It can include the constant and continual failure to recognize the contributions of work in class, the failure to provide appropriate academic support, or inequities in salary, benefits, accommodations, office space, hiring, promotion or appointment to college-wide committees and to administrative roles on the basis of a protected characteristic. Other examples include stereotyping individuals or assigning them non-technical, non-analytical or non-financial work on the basis of a protected characteristic.

The following are examples of behavior or conduct that, when reported to a designated intake person, will result in a further investigation by the Equity Officer to determine if discrimination has occurred:

--A faculty member routinely ignores the hands raised by African-American students in his sociology class unless he is seeking the “minority” viewpoint on an issue.

--A supervisor only sends males to workshops on technical advancements in workplace equipment and not female staff members.

--Students of a particular religious group declare a student lounge in a residence hall as theirs and make students of any other religious group unwelcome.

Section VI. Definition and Examples of Harassment

Discriminatory harassment is physical conduct or other expressive behavior that has the purpose or effect of interfering with an individual’s work or academic performance or creates an intimidating, hostile or abusive environment, and that is based upon the individual’s characteristics of race, national origin, ethnicity, sex, age, disability, religion or sexual orientation.

Discriminatory harassment includes but is not limited to invectives, threats, slurs, epithets, pranks, teasing, taunting, and other conduct or expressive behavior that tends to belittle, degrade, demean, deride, disparage, ridicule or threaten a person on the basis of the foregoing characteristics. It is in the nature of a personal attack that injures a specific individual, as distinguished from the civil expression or discussion of an offensive idea.

The following are examples of behavior or conduct that, when reported to a designated intake person, will result in a further investigation by the Equity Officer to determine if harassment has occurred:

--A faculty adviser tells an African-American student not to take a certain course because the adviser says that other African-American students have had difficulty in the course and are therefore not suited for this particular course.

--A College official requests that a group of Latino students display their student ID’s as they enter their residence hall, while white students are not required to display their ID’s. The official cannot explain why the Latino students were stopped and asked to display ID’s.

--A student group discovers that swastikas have been painted on the door of a room often used to prepare for the observance of the Jewish Sabbath.

--A chair repeatedly asks an older faculty member when she intends to retire.

--Despite his request that the practice cease, a gay staff member is the constant recipient of religious pamphlets left on his desk by a co-worker, urging him to “reform” his lifestyle.

--A classmate of a learning disabled student mocks his slowness in grasping the subject and suggests he drop the class because he holds it up asking too many questions.

Not all situations in which an individual is offended or uncomfortable will be violations of the College’s harassment policy. Clashes of beliefs or lifestyles alone will not be violations of this policy nor will conduct that reflects socially and academically acceptable comradeship.

Section VII. Definition and Examples of Sexual Harassment

Sexual harassment is one form of discriminatory harassment. It can occur between a man and a woman or persons of the same sex. Sexual harassment includes: Unwelcome sexual advances, or requests for sexual favors or sexually-oriented conduct when:

(a) Submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment or academic experience; or (b) An employment or academic decision affecting an employee or student is made based on that individual's acceptance or rejection of such conduct; or (c) A pattern of unwelcome verbal or physical conduct of a sexual nature is directed toward another that unreasonably interferes with that individual(s)' work performance or creates an intimidating, hostile or abusive working or learning environment.

The following are examples of behavior or conduct that, when reported to a designated intake person, will result in a further investigation by the Equity Officer to determine if sexual harassment has occurred:

--A chair assigns a faculty member to an undesirable assignment because the subordinate refuses to go out on a date with the chair.

--A college administrator inappropriately sexualizes the environment with repeated, unwelcome comments to a work/study student such as "You have a terrific body," and "You have wonderful eyes."

--A supervisor displays sexually explicit materials in the supervisor’s office causing employees to be uncomfortable coming there with their workplace problems.

--A student who has obtained the phone number of another student because their professor has assigned them to work on a group project continually phones the other student asking for dates even after being asked to stop.

Section VIII. Rape and Sexual Assault

Criminal sexual assault, including what is commonly referred to as rape, is an extreme form of sexual harassment and is a violation of this policy. In addition, it is a criminal act that violates Illinois state law. If a rape or sexual assault has occurred, the victim should contact Columbia College campus security. College staff has been directed to give the raped or assaulted person immediate comfort and support. A victim should contact the Equity Officer to learn more about options for further assistance and legal remedies.

Section IX. Consensual Relations

Under Columbia College’s Academic FreedomPolicy, a faculty member is expected to adhere to his or her proper role as an intellectual or artistic guide and avoid any exploitation of his or her students. Additionally, the Policy states that a faculty member has the responsibility to assure that his or her evaluation of students reflects the true merit of each student. Because it may easily involve or appear to involve a conflict of interest, an amorous or sexual relationship between a faculty member and a student entails serious ethical concerns when the faculty member has professional responsibility for the student, such as when the student is in the faculty member’s class.

Therefore, faculty members or other instructional staff shall not initiate, pursue or be involved in any amorous or sexual relationships with any student whom they are in a position to evaluate or supervise by virtue of their teaching, research, or administrative responsibilities. Such a relationship is a violation of this policy, and consent by a student to such a relationship will not be a defense against a later sexual harassment charge by the student.

Likewise a supervisor will respect his or her role of responsible director and authority. A supervisor therefore will be prohibited from assessing, determining or influencing another person’s employment, performance progress or potential, entitlement to or eligibility for institutionally conferred rights, benefits or opportunities with an individual with whom the supervisor has or has had an intimate relationship. Such a relationship is also a violation of this policy, and consent by the subordinate employee to such a relationship will not be a defense against a later sexual harassment charge by the subordinate employee.

Section X. Sanctions

A single violation of this policy may result in a disciplinary action including, in severe situations, the termination of a person's membership in our community. Sanctions may include suspension (with or without pay in the case of faculty or staff), reprimand, reassignment, and/or mandatory education or counseling.

Section XI. Retaliation

It is also a violation of this policy to retaliate in any way against someone who has complained about discrimination or harassment, participated in any manner in proceedings under this policy, or opposed the alleged discrimination or harassment, and will subject the retaliator to the disciplinary sanctions described in Section X above. Impermissible retaliation from an alleged discriminator or harasser or a third party can take a variety of forms that may include but not be limited to:

• demotion or dismissal, reassignment and/or diminishment of job duties and responsibilities; • exclusion from decision-making or policy-development activities; • punitive conduct directed towards the complainant.

Any circumstances of retaliation should be reported to the College’s Equity Officer.

Approved by Board of Trustees May 18, 2000 Approved by College Council May 19, 2000

385    FACULTY FILES

Faculty personnel records are maintained in the Provost’s Office.  Faculty members’ personnel files contain their personal data sheet, vitae, and transcripts of all of their work beyond high school, correspondence to and from the Provost and, where appropriate, to and from the Chairperson, letter of reference, and test documents.  Faculty personnel files will also contain information that the faculty member chooses to submit regarding his/her professional development such as publication, exhibitions, awards, grants, and tenure recommendations.

385.1    ACCESS TO FACULTY FILES

Faculty files will be made available in accordance with the Illinois Personnel Records Review Act.  Generally, the Act allows current faculty members and those who have left the College less than one year earlier to inspect and copy their personnel files twice a year upon their written request.  The faculty member bears the cost of copying.  Should a faculty member disagree with any information contained in his/her personnel file, the faculty member should notify the Provost, and may submit a written statement explaining the faculty member’s position which will be placed in the faculty member’s file.

The Illinois Personnel Records Review Act contains numerous exceptions as to documents that neither the employee nor the employee’s designated representative has a right to inspect.  The right to inspect does not apply to letters of reference for the employee; any portion of a test document, except for the test score for the entire test or any section of it; information about a third person, the disclosure of which would constitute a clearly unwarranted invasion of that person’s privacy; or external peer review documents.  Also, to the extent that the employer does not take adverse personnel action, information contained in investigatory or security conduct by an employee or other activity by the employee which could reasonably be expected to harm the employer’s property, operations, or business, or information on employee’s activities which could cause the employer financial liability, need not be made available for inspection by the employee.  In addition, an employee’s right of inspection does not apply to materials relating to the employer’s staff planning, such as matters relating to the College’s business development, expansion, closing, or operational goals, where the materials relate to or affect more than one employee.

Finally, there are certain circumstances under which records need not be disclosed under the Act.  Where there is a pending claim between the employer and the employee, records relevant to that claim which may be obtained through discovery in a judicial proceeding need not be produced for inspection by the employee or his/her representative.

390    SECRETARIAL SERVICES

The services of the departmental secretaries and/or assistants are available to faculty for teaching-related and professional development needs at the discretion of the department Chairperson.  It is College policy that requests for secretarial services for professional development may not supersede regular secretarial services provided in support of instructional or administrative needs.