University Policy 4720
Effective Date
January 18, 2024
Last Revision Date
September 5, 2025
Responsible Party
Provost and Vice President for Academic Affairs, (208) 426-1202
Human Resources and Workforce Strategy, (208) 426-1616
Scope and Audience
This policy applies to all faculty as defined in University Policy 7000 (Position Definitions), excluding adjunct faculty, affiliate faculty, and visiting faculty. A Faculty Member found to be in violation of University Policy 1065 (Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking) receives due process and appeal procedures under that policy.
This policy does not apply to cases of non-tenured faculty members who are notified that their contract will not be renewed due to loss of sponsored project funding or for reasons allowed under Idaho State Board of Education Policy.
Additional Authority
- University Policy 5060 (Misconduct in Research)
- Northwest Commission on Colleges and Universities (NWCCU) Standards 2.A.4, 2.B.1, 2.B.2, 2.D.2, 2.D.3, 2.F.1, 2.F.4
- Idaho State Board of Education Policy, Section I.T. (Title IX)
- Idaho State Board of Education Policy, Section II.G. (Policies Regarding Faculty – Institutional Faculty Only)
- Idaho State Board of Education Policy, Section II.L. (Discipline – Adequate Cause – All Employees)
- Idaho State Board of Education Policy, Section II.M. (Grievance and Appeal Procedures – All Employees)
- Idaho State Board of Education Policy, Section III.B. (Academic Freedom and Academic Responsibility)
- University Policy 1060 (Non-discrimination and Anti-harassment)
- University Policy 1065 (Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking)
- University Policy 4380 (Periodic Review of Tenured Faculty)
- University Policy 4000 (Faculty Code of Rights, Responsibilities, and Conduct)
1. Policy Purpose
To establish due process and appeal procedures for Faculty Members when Disciplinary Action is being contemplated by the University. This policy does not apply to lesser actions (such as those covered in Policy 4480 – Faculty Grievance Policy) beyond those explicitly defined below.
2. Policy Statement
Faculty Members are entitled to due process before the University takes Disciplinary Action based on Adequate Cause. Due process requires the University to:
- Send written notice of the Disciplinary Action being contemplated to the Faculty Member,
- Provide an opportunity for the Faculty Member to respond before a decision is made, and
- Provide the opportunity to appeal that decision through the process below.
A Faculty Member who needs or desires assistance with this process should contact the University Faculty Ombuds Office and/or Human Resources and Workforce Strategy for information. With the exception of the appeal process, the notice, opportunity to respond, and decision are expected to occur during the Faculty Member’s contract period. However, the university reserves the right to allow the process to move forward as necessary during the Faculty Member’s off-contract period. In addition, negotiations about the terms of employment or ending employment may occur at any time during the process, and under these circumstances, the process can be suspended by the University.
3. Definitions
3.1 Adequate Cause
As defined in Idaho State Board of Education policy II.L, “One (1) or more acts or omissions which singly or in the aggregate have directly and substantially affected or impaired a Faculty Member’s performance of their professional or assigned duties or the interests of the State Board of Education, institution, or agency. In addition, any conduct seriously prejudicial to the Board, an institution or agency may constitute Adequate Cause for discipline, up to and including dismissal (see Idaho State Board of Education Policy, Section II.L for examples of what may constitute Adequate Cause).
3.2 Administrative Faculty
A Faculty position in which the incumbent is qualified to hold academic rank and whose responsibilities are primarily administrative. As defined in the Faculty Constitution, Administrative Faculty include the President of the University; the Provost of the University; administrative Vice Presidents; executive Heads or Deans of Colleges, Schools, Units, Divisions, Supportive Services, and the Library; and all such permanent administrative officials so designated by the President of the University and the State Board of Education. This category includes department chairs and heads, program directors, and associate chairs.
3.3 Administrative Hearing Officer (AHO)
A person hired by Human Resources and Workforce Strategy to preside over the Faculty Due Process Committee (FDPC) hearing with knowledge and experience in due process to ensure proper procedures are followed during the hearing, to make determinations concerning any motions or petitions, if any, and to compile the record.
3.4 Disciplinary Action
Dismissal from employment with the University, suspension without pay, and/or involuntary demotion taken for Adequate Cause with regard to a Faculty Member. Disciplinary Action does not include administrative decisions, including without limitation, decisions in such matters as denial of tenure, denial of promotion, performance evaluation, salary determination, and/or to challenge the contents of the Faculty Member’s personnel file.
3.5 Equity
The Network of Schools of Public Policy, Affairs and Administration uses the term equity to “establish systems and practices that are fair and just, based on a recognition of individual differences and sociopolitical contexts that disproportionately advantage or disadvantage some groups of people more than others. Equity is reflected in fair treatment, access, opportunity, and advancement for all people, while at the same time striving to identify and eliminate barriers that have prevented the full participation of some groups. Improving equity involves increasing justice and fairness within the procedures and processes of institutions or systems, as well as in their distribution of resources.”
3.6 Faculty Due Process Committee (FDPC)
An ad hoc Faculty Senate committee consisting of faculty and administrators, appointed by the President of the Faculty Senate and the Provost, for the term of the disciplinary hearings related to the individual case. Faculty serving on the FDPC during their off-contract period will receive compensation.
3.7 Notice of Contemplated Action (NOCA)
Written notification to the employee for whom Disciplinary Action is being considered (see Section 5).
3.8 Supervisor
The individual responsible for supervising the Faculty Member. In many cases, a department chair/head or a dean.
4. Relation to Other University Policies
a. Disciplinary Action may not be taken against a Faculty Member for issues or allegations pending the outcome of a separate process required under other University policies, (for example, protected class discrimination or harassment, fiscal misconduct, or misconduct in research processed pursuant to University Policy 1060 (Non-discrimination and Anti-harassment, University Policy 5060 (Misconduct in Research), or University Policy 6000 (Fiscal Misconduct).
b. For issues or allegations that do not require an investigatory process under university policy as described in Section 4.a, the Faculty Member’s Supervisor must make a good faith effort to identify and resolve performance issues with the Faculty Member before contemplating Disciplinary Action.
5. Notice of the Contemplated Action
a. If the University is contemplating Disciplinary Action (up to and including dismissal for Adequate Cause), the Dean or the Faculty Member’s Supervisor, or designee, will consult with Human Resources and Workforce Strategy to develop a NOCA.
b. Human Resources and Workforce Strategy and the Dean, or designee, will submit the NOCA to the Provost for approval and signature prior to its delivery to the Faculty Member. A NOCA may not be issued to a Faculty Member without the Provost’s approval.
5.1 Notice of Contemplated Action Contents
At a minimum, the NOCA must:
- The Disciplinary Action contemplated (i.e., dismissal, suspension without pay, or involuntary demotion).
- The basis or reason for the contemplated action and an explanation of the evidence supporting the contemplated action.
- The time frames for submitting a response, including the opportunity to request a decision-making process (see section 5.4).
- If applicable, information regarding placement on administrative leave. In general, administrative leave shall be with pay pending the outcome of the matter pursuant to these policies, or the resignation of the Faculty Member, whichever occurs first.
- Notice of the Faculty Member’s rights, including the right to request an appeal following a determination on the NOCA by the Provost.
5.2 Delivery of NOCA to Faculty Member
a. Human Resources and Workforce Strategy will coordinate the delivery of the NOCA to the Faculty Member via the Faculty Member’s official Boise State email address, in person, or through both delivery methods. If in-person delivery is not reasonable due to the Faculty Member’s unavailability and the University has reason to believe delivery via Boise State email will be ineffective, the delivery may be completed through alternative methods. In situations where alternative delivery methods are necessary, the University has no obligation to ensure the Faculty Member receives the NOCA but will take reasonable steps to facilitate effective delivery.
b. Withdrawal of NOCA: The Provost may elect to withdraw the NOCA at any time for any reason after it has been delivered to the Faculty Member. If the NOCA has already been delivered, all appropriate parties will be notified of the withdrawal, and the process will be closed. In no case will a new NOCA be issued based on the exact same factual basis as the withdrawn NOCA. If the matter is closed via withdrawal of the original NOCA, a new NOCA may be issued only upon a showing of additional facts supporting the issuance of a NOCA, and a new timeline will be set according to section
c. Amending of NOCA: To correct a technical or procedural error, an amended NOCA may be issued on the same factual basis. If additional facts affecting the basis or reason for the NOCA are discovered after the issuance of a NOCA, the NOCA must be amended and reissued, and a new timeline will be set according to section 5.4. An amendment of the NOCA may happen at any time prior to the Provost’s determination on the NOCA.
5.3 Opportunity to Respond to NOCA
a. A Faculty Member who receives a NOCA is entitled to an opportunity to provide a written response to the content of the NOCA and to present reasons why the contemplated action should not be taken.
b. The Faculty Member must respond within the time period allowed under section 5.4 and as indicated in the NOCA; otherwise, the opportunity to respond is deemed waived by the Faculty Member, and the opportunity to appeal (see section 7) is deemed waived. The Faculty Member must provide their response, if any, to the Provost or designee and to Human Resources and Workforce Strategy.
5.4 Time Allowed to Respond to NOCA
a. The NOCA must provide a set time period of no less than five (5) University business days (Monday through Friday, with the fifth day ending at 11:59 p.m. MST) following delivery of the NOCA (or deemed delivery if alternative delivery methods are attempted under section 5.2) within which the Faculty Member may respond under section 5.3.
b. The Provost, or designee, may extend the time period for a response, but in no event may that time period exceed ten (10) University business days after delivery (or deemed delivery if alternative delivery methods are attempted under section 5.2) unless both the Provost, or designee, and the Faculty Member agree to a one-time extension in writing. Additional requests for extension must be based on extraordinary circumstances and will be considered on a case-by-case basis. Any agreement to extend the response period must also be sent to Human Resources and Workforce Strategy.
6. Provost’s Determination on NOCA
a. The Provost will have up to ten (10) University business days after receipt of the response, or if no response is provided, the expiration of the timeframe allowed for response, to deliver a written determination on the NOCA to the Faculty Member.
b. In making a final determination on the NOCA, the Provost must consider the response, if any, including any supportive documentation as to why the proposed Disciplinary Action should not be taken.
c. The written determination on the NOCA must, at a minimum, state whether or not the proposed or any lesser Disciplinary Action will be implemented, including any conditions imposed on the continuance of employment, if employment is being continued.
d. Human Resources and Workforce Strategy will coordinate the processing of the Provost’s determination on the NOCA. If the determination includes any Disciplinary Action, such action will be implemented after the Faculty Member has waived their right to appeal such determination (see Section 7), or if the Faculty Member appeals the Provost’s determination, the proposed Disciplinary Action will be suspended pending the outcome of the appeal process.
e. Once the NOCA is sent to the Faculty Member, Human Resources and Workplace Strategy will facilitate requesting the appointment of an AHO from the Office of Administrative Hearings.
7. Right to Appeal and Appeal Process
7.1 Right to Appeal Determination on NOCA and Processing of Notice of Appeal
a. A Faculty Member who responded to the NOCA and disagrees with the Provost’s determination on the NOCA has the right to appeal (see section 5.3.b).
b. If a Faculty Member chooses to appeal the Provost’s determination, the Faculty Member must submit a signed and dated Notice of Appeal (NOA) via email to Human Resources and Workforce Strategy at employeerelations@boisestate.edu within the time period indicated in the NOCA, which must be set at a minimum of five (5) University business days from the delivery of the Provost’s determination, but in no event may that time period exceed ten (10) University business days. The Notice of Appeal must include a current non-University email address for the Faculty Member.
c. Upon receipt of a Faculty Member’s Notice of Appeal, Human Resources and Workforce Strategy will forward the notice to the Faculty Senate President and the Provost
d. Where a NOCA is based on an investigative finding made pursuant to University Policy 1060, University Policy 5060, or University Policy 6000 in which the faculty member participated in the investigation and had an opportunity to respond to the evidence, no live hearing will be held, and no hearing officer will be selected. The FDPC will make a recommendation limited to the severity of the sanction(s) imposed based solely on the findings of the investigation report and outcome notice (see section 7.12.b).
7.2 Representation
The Faculty Member has the right to be represented, at their own cost, by a person or persons of their own choosing during the appeal process. If the Faculty Member chooses to be represented, the Faculty Member must notify the Provost or designee in writing through the written statement of appeal (see sections 7.1 and 7.3).
7.3 Faculty Member’s Responsibilities
a. Within ten (10) University business days of the date the Faculty Member receives written notice that the Senate has formed an FDPC, the Faculty Member must submit to Human Resources and Workplace Strategy:
- Their written Statement of Appeal containing the reasons why the Faculty Member is appealing the Provost’s determination on the NOCA;
- Any supporting documents that the Faculty Member wishes to have the FDPC consider; and
- The names of any individuals representing the Faculty Member (see section 7.2).
b. The Faculty Member has the right to ask for and receive relevant documents from the University to support the appeal and present witnesses and exhibits. The request for documents must accompany the Faculty Member’s Notice of Appeal.
- The records response to each request will be examined in light of applicable state and federal laws, rules, and case law, as well as University and Idaho State Board of Education policies.
- The University must provide such documents to the Faculty Member within five (5) University business days unless due cause exists for an extension of this period as determined by the AHO.
7.3.1 Adherence to Time Requirements
If the Faculty Member does not meet the time requirements during these procedures, the AHO will review the action of the Faculty Member and will recommend to the Provost whether the appeal procedures will continue. The time requirements may be suspended by the Provost, the Faculty Senate President, or the AHO, upon agreement of the parties, to facilitate informal resolution between the parties.
7.4 Provost’s Responsibilities
The Provost is responsible for:
a. Submitting to the Faculty Senate President a list of six (6) administrators who are not in the Faculty Member’s reporting line and do not have potential conflicts related to legal, compliance, or investigatory responsibilities.. At least three (3) of these administrators must be administrative faculty, qualified to hold faculty rank.
b. Ensuring there is a recording of the hearing.
7.5 Human Resources and Workforce Strategy Responsibilities
Human Resources and Workforce Strategy is responsible for:
a. Developing the NOCA, in collaboration with the Dean or the Faculty Member’s supervisor, before submitting it to the Provost for approval.
b. Coordinating the delivery of the NOCA to the Faculty Member.
c. Hiring the AHO to preside over the FDPC hearing to ensure procedural compliance.
d. Coordinating the implementation of the Provost’s determination, including suspending Disciplinary Action if the Faculty Member appeals.
e. Forwarding the Faculty Member’s Notice of Appeal to the Faculty Senate President and the Provost.
f. Coordinating the implementation of the University’s final decision, including any Disciplinary Action as determined by the President.
g. Maintaining all documentation of the proceedings.
7.6 Office of General Counsel Responsibilities
The Office of General Counsel is responsible for:
a. Serving in an advisory role, providing legal guidance to the Provost and Human Resources and Workforce Strategy during the development and issuance of the Notice of Contemplated Action (NOCA) and implementation of Disciplinary Actions.
b. Representing the Provost’s Office during the NOCA response and appeal process.
7.7 Administrative Hearing Officer Qualifications and Responsibilities
a. The AHO must be a person external to the University appointed to preside over contested cases on behalf of the University and the Faculty Member.
b. The AHO must not have a conflict of interest with any persons involved in the hearing, must refrain from improper ex parte contact with any persons involved, and must adhere to their professional code of ethics.
c. An AHO may be disqualified for cause in the event the presence of bias, prejudice, interest, substantial prior involvement, or lack of professional knowledge relating to the conduct of due process hearings is presented.
d. The AHO must send a copy of the FDPC’s final recommendation to the Faculty Senate President, the Faculty Member, and the Provost.
e. The AHO will determine the meeting modality for the hearing and the deliberations of the FDPC.
f. The AHO will resolve any disagreements among the parties, including the Faculty Senate President, concerning the process, in accordance with this policy.
g. The AHO will ensure that the Faculty Senate President, as the representative of the FDPC, is present at all meetings pertaining to the process.
7.8 Faculty Senate President’s Responsibilities
The Faculty Senate President is responsible for:
a. Maintaining a list of at least twenty-four (24) Faculty Members and six (6) administrators from which FDPC members will be chosen;
b. Selecting an initial pool of Faculty Members and administrators for the FDPC based on the process in section 7.8.;
c. Coordinating with Human Resources and Workforce Strategy to make contact with the AHO;
d. Serving in an ex-officio capacity on the FDPC throughout the process;
e. Delivering the FDPC’s anonymous votes and dissenting opinions, if applicable, to the University President;
f. Delivering the University President’s final decision to the FDPC.
7.9 Faculty Due Process Committee Composition
The FDPC will be composed of five (5) individuals: one administrator at the college/school level or above and four (4) Faculty Members appointed by the Faculty Senate President (see “Selection Process” below). In addition, the Senate President is an ex officio member of this committee.
- At least one (1) Faculty Member must be of the same rank and title as the Faculty Member requesting a hearing on appeal;
- Members of the committee must not have a direct supervisory relationship with one another or the Faculty Member (see “Bias or Conflict of Interest” below);
- Members of the committee must not communicate about the subject matter of the hearing on appeal with the Faculty Member or the Faculty Member’s representative outside of the hearing process, except as expressly authorized by the AHO.
- Faculty who have served on an FDPC are exempt from serving on another FDPC for a period of three (3) years.
7.10 Faculty Due Process Committee Selection
Members of the FDPC will be chosen from an existing pool of Faculty Members and administrators who are willing to serve on the FDPC. The selection process must conclude no later than ten (10) University business days after the NOA has been filed by the Faculty Member.
7.10.1 Initial Pool
a. The Faculty Senate President will issue a call for faculty willing to serve on an FDPC. From that group, the Faculty Senate President will draw a list of at least twenty-four (24) Faculty Members and six (6) administrators (a total of 30 people) who are willing to serve on the FDPC (“initial pool”). The Faculty Senate President will not release the name of the faculty member in this initial call. In assembling this list, the Senate President will make a good-faith effort to include in the initial pool of potential committee members the following:
- Faculty Members from different positions and different ranks,
- Faculty Members from each academic college,
- Administrative Faculty Members
b. The Senate President will make a good-faith effort to reflect the various faculty positions, rank, and disciplinary areas of the Boise State faculty.
c. The Faculty Member and the Provost will have the opportunity to strike up to two (2) names each from the initial pool of available committee members.
d. From this remaining pool, one (1) administrator and an alternate, as well as four (4) Faculty Members and two (2) alternates, will be randomly selected by the AHO. At this time, the Faculty Member, if they believe the current committee composition does not adequately reflect their faculty role, may make a one-time request to the Faculty Senate President to replace one of the AHO’s selections with a random selection from the larger initial pool. If the Faculty Member believes the Faculty Senate President has a bias or a conflict of interest, the Faculty Member should notify the AHO. The AHO will make the final decision on any of these requests. These final members will serve on the FDPC for a hearing on appeal under this policy.
e. Within three (3) University business days after the final selection of FDPC members, the Faculty Senate President must notify the Faculty Member that the FDPC has been formed.
7.10.2 Bias or Conflict
a. The Faculty Senate President and/or members of the FDPC must recuse themselves for any appearance of bias or potential or perceived conflict (e.g., close friend or family member, previous disagreements with the Faculty Member, previous Disciplinary Action for same or similar reason, previous or current working relationship on research or service, or financial benefit or professional advancement tied to the outcome of the process) prior to or during the hearing process. If there is a dispute regarding the participation of any FDPC member, the remaining committee members will hear the dispute and make a final decision about the participation of that member in the hearing. An alternate member will serve in place of the Faculty Senate President or any FDPC member who withdraws because of a bias or conflict.
b. To provide an objective and fair hearing, each panel will take precautions against real, perceived, or apparent conflicts of interest on the part of panel members. Panel members must decline to participate in the hearing of any case in which they have a personal bias or conflict of interest that would preclude their making a fair and objective decision and may not communicate with the Faculty Member, a party, or witnesses about the subject matter of the hearing.
c. No panel member is allowed to participate in any case from a department with which they are associated as a Faculty Member or any case in which they have been involved in the sequence of review.
7.10.3 Process Advisor
In addition to the Faculty Members and administrator selected from the initial pool, the FDPC may, upon request of the Faculty Member at the time the FDPC is formed, have a Process Advisor who is academically trained in, certified with, or has demonstrated expertise in inclusive, culturally-responsive, and equitable practices (examples include, but are not limited to, being a Title IX officer, a member of the Search Advocates Program, a Dialogue Facilitator, or a recipient of an external certification). This Process Advisor is a non-voting advisory member.
7.11 Recording
A recording of the hearing, or hearings, will be made by the AHO and, upon request by the Faculty Member or their legal representation, a transcript will be made available to the Faculty Member without cost to the Faculty Member. The committee deliberations will not be recorded.
7.12 Meetings
a. Once the AHO has been appointed and the FDPC has been formed, within five (5) University business days, the FDPC will convene at the direction of the Faculty Senate President, who will also direct the FDPC to elect a chair. In selecting a chair, a tenured Faculty Member will receive priority consideration.
b. Once formed, the FDPC chair and the AHO will have a status conference with all of the parties (including the Faculty Senate President) to establish a time and place for the hearing. The hearing must take place within ten (10) university business days after receiving the Faculty Member’s statement of appeal and any supporting documentation, including documents requested from the University by the Faculty Member, unless due cause exists for an extension of this period as determined by the AHO. Any other pre-hearing meetings involving the parties must include the Faculty Senate President as a representative of the Faculty Senate and a non-voting, ex officio member of the FDPC.
c. Service on the FDPC is a high-priority University responsibility for the duration of the hearing. Accordingly, administrators of units must take all reasonable measures to reduce the FDPC members’ other responsibilities, if they are on contract at the time and if reasonably possible. Unit administrators are encouraged to provide additional support as appropriate to FDPC members for the duration of their service. If the FDPC is convened while faculty are off contract, see Section 3.6. The Faculty Senate President (for the initial FDPC meeting) and the FDPC Chair (for all subsequent pre-hearing and post-deliberations committee meetings) will determine the modality of committee meetings to best meet the needs of FDPC members (see section 7.13.c for information on the modality of the hearing and deliberations).
7.13 Hearing Process
a. During the hearing, the FDPC will consider:
- The NOCA and any records or evidence supporting the NOCA and the Disciplinary Action being contemplated,
- The Faculty Member’s initial written or verbal response to the NOCA, their Statement of Appeal, and any supporting documents,
- The Faculty Member’s Statement of Appeal and any documents supporting the appeal, and
- Any testimony or evidence presented during the hearing,
b. Hearings should generally be conducted in accordance with the Idaho Rules of Administrative Procedure (IDAPA 62.01.01-501-514), or as specified otherwise in this policy.
c. The AHO will determine the modality of the hearing and deliberations.
7.13.1 Closed Hearings
a. Hearings will be closed to the public.
b. In any closed hearing, the Faculty Member and the Provost, or administrative representative, will each have the right to the presence of not more than three (3) persons each, designated by them as observers. Confidentiality by all parties is required in all personnel matters, unless explicitly waived in writing by the charged faculty member.
7.13.2 Adjudicating the Process
The AHO determines the order of proof, manages the questioning of witnesses, if necessary, secures the presentation of evidence, and maintains records of the proceedings. Upon the FDPC completing their deliberations and conducting a vote, the AHO must transfer all documentation of the proceedings to Human Resources and Workforce Strategy.
7.13.3 Burden of Proof
The burden of proof that Adequate Cause exists for the Disciplinary Action rests with the University and must be satisfied only by showing, through a preponderance of evidence, the justification for the Disciplinary Action in the record considered as a whole.
7.13.4 Right to Examine Witnesses
a. The Faculty Member has the option of assistance by counsel or advisors at the sole cost of the Faculty Member.
b. The Faculty Member, the Provost, and their counsel/advisors have the right, within reasonable limits, to question all witnesses who testify orally. Questions must be directly relevant to the case.
7.14 Hearing Committee Recommendation
a. Upon conclusion of the hearing, the FDPC must reach its recommendation in closed discussion within five (5) University business days and use the modality set by the AHO. If the recommendation is not unanimous, a vote along with dissenting opinions should be taken using written anonymous ballots. The written recommendation, including the anonymous vote count and dissenting opinions, must be sent to the President and Provost within two (2) University business days, unless due cause exists for an extension of this period as determined by the Faculty Senate President, in consultation with the AHO. All parties will be notified in writing of any extension to the deliberations. Any anonymous votes and dissenting opinions taken during the FDPC deliberations must be kept on file for the record.
b. The FDPC will determine if the acts or omissions constituting the basis for contemplated action in the NOCA occurred and whether the acts or omissions constitute Adequate Cause. If the acts or omissions at issue in the appeal are the result of an investigative finding made pursuant to University Policy 1060 (Non-discrimination and Anti-harassment), University Policy 5060 (Misconduct in Research), or University Policy 6000 (Fiscal Misconduct), the FDPC recommendation will be limited to the severity of the sanction imposed and based solely on the finding(s) as documented by the investigation report and outcome letter. In this case, a live hearing would not be held.
c. If the Faculty Member asserts a violation of statutory or constitutional civil rights in any of the protected categories of race, color, religion, sex, national origin, age, disability, marital or parental status, or veteran’s status in the Faculty Member’s written or verbal response to the alleged violation, or at any time during the course of the proceeding, such claims shall be immediately referred in writing to the Office of Title IX and Institutional Equity (see University Policy 1060 – Non-discrimination and Anti-harassment; University Policy 1065 – Sexual Harassment, Sexual Misconduct, Dating Violence, Domestic Violence, and Stalking; and University Policy 1075 – Non-discrimination on the Basis of Disability). In such cases, the Faculty Member is still entitled to due process under this policy. This process may be temporarily paused to review and investigate such claims.
d. The FDPC’s recommendation will be reached solely on the basis of the materials and records listed in section 7.13.a.
e. The President will consider the FDPC’s final recommendation and will make a final decision on the appeal.
7.15 Final Decision on Appeal
a. The President, after due consideration of the FDPC’s recommendation, will determine whether they agree or disagree with the FDPC’s recommendation. In the event of disagreement, the President will meet with the FDPC to discuss the reasons for the disagreement prior to reaching a final decision. Upon reaching a final decision, the President will forward their written decision to the Faculty Member and to the college and department or division, with a copy to the Provost and the Faculty Senate President, who will share it with the FDPC. If the President’s decision differs from the FDPC’s recommendation, the reasons for the disagreement, including the basis for the differing decisions, will also be communicated in writing to the Faculty Member and to the FDPC through the Faculty Senate President.
b. The President’s final decision on appeal must be in writing and delivered to the Faculty Member within ten (10) University business days after the FDPC’s recommendation is delivered to the President. The written decision will be delivered to the Faculty Member via email, in person, or through both delivery methods. The final decision must contain a concise statement of the charges against the Faculty Member, the findings of fact that are the basis for the President’s decision for Disciplinary Action, and any conditions imposed on the continuance of employment, if employment is being continued.
c. Human Resources and Workforce Strategy will coordinate processing of the University’s final decision. If Disciplinary Action is determined, it will be implemented immediately.
8. Appeals to the Idaho State Board of Education
In accordance with Idaho State Board of Education Policy, Section II.L.4.b, Disciplinary Action, up to and including dismissal, of a Faculty Member is not appealable to the Idaho State Board of Education.
9. Prohibition of Retaliation
Retaliation against any employee who exercises any right afforded to them under this policy or who serves as a witness or representative in good faith, or who serves as a committee member on a Faculty Due Process Committee, is prohibited. Any such retaliation is expressly prohibited and may constitute grounds for Disciplinary Action up to and including dismissal from employment.
10. Related Information
Faculty may refer to University Policy 4480 (Faculty Grievance Policy) for more details on how to explore employment-related matters not related to the Due Process Procedure as outlined in this policy.
Revision History
September 5, 2025;