SECTION 9
TERMINATION OF EMPLOYMENT


9.1 NON-RENEWAL OF APPOINTMENT

Non-renewal of appointment is a type of "no-fault" employment severance action that requires CSM to
provide a specified advance notification to the affected employee. In general, Colorado law provides that
all exempt CSM employees, except tenured and tenure-track faculty, are employees at-wil , who may be
terminated at any time for any lawful reason. Colorado law also permits term employment contracts for
certain categories of non-tenure track faculty and higher education employees under conditions
prescribed in Colorado Revised Statutes §24-19-104. Consistent with state law, only those categories of
faculty members specified in sections 9.1 and 9.2 may be subject to non-renewal of appointment.


9.1.1 Tenure-Track Faculty


CSM may decide to non-renew the appointment of a tenure-track faculty member without cause.


A. Time Limitations

A tenure-track faculty member whose contract wil be non-renewed for the subsequent academic
year by CSM shal be notified of that fact in a letter from the Provost delivered according to the
timetable set forth below:

Years of Service
Notice Required


During first academic year of CSM appointment:
Not later than April 1.

During second academic year of CSM appointment:
Not later than December 15.

Third academic year and beyond:


Not later than September 1.

A tenure-track faculty member’s employment contract may be rendered unenforceable and is
subject to termination without advance notice if, during the term of the faculty member’s
appointment, CSM:

(I) Ceases to be an enterprise, as defined in Section 20(2)(d) of Article X of the State
Constitution; and
(II) Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms of the
contract.


9.1.2 Tenured Faculty

CSM may decide to non-renew the appointment of a tenured faculty member only for reasons of
financial exigency or academic program termination.


A. Definitions


1. Financial Exigency

A financial exigency may exist if CSM faces a critical and urgent need to reorder its fiscal
priorities to relieve a state of emergency created by its inability to fund required monetary
expenditures.

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2. Academic Program Termination

An academic program at CSM may be terminated on account of a change in CSM's statutory
role and mission, lack of sufficient student interest, failure to achieve required accreditation,
or the operation of law. Any CSM academic program termination shall be accomplished in
accordance with applicable regulations, policies, or guidelines promulgated by the Colorado
Commission on Higher Education, or any other State regulatory body vested with rule-making
authority over this subject.


B. Implementation Procedures

Before any tenured faculty members are non-renewed on account of any of the reasons
listed in this paragraph, the applicable procedure listed below shall be followed. The Faculty
Senate shal represent the faculty in administrative procedures relating to academic program
curtailment or termination. The faculty shall not, however, be entitled to representation in
individual personnel decisions.


1. Financial Exigency

If a precipitous decline occurs in the financial fortunes of CSM, the President, after
appropriate consultation with the Board, may declare that a state of financial exigency exists
at CSM. In such a case, the President shall take the following steps:

a. Formulate a draft Financial Exigency Plan;
b. Meet jointly with the Faculty Senate and appropriate administrators to review the
data and discuss the plan;
c. Provide the Faculty Senate with at least sixty days to address the problem and
respond to the plan with agreement or constructive alternatives;
d. Decide upon a final Financial Exigency Plan;
e. Secure Board approval of the plan; and
f. Implement the plan utilizing existing faculty or university committees, as appropriate.


2. Academic Program Termination

If the President, after appropriate consultations with the Board, the Provost and affected
department heads, determines that an academic program at CSM should be terminated, the
appointments of both tenured and tenure-track faculty members in the affected program
may be non-renewed. Tenure-track faculty members shal be non-renewed prior to tenured
faculty members within a given program. Decisions regarding non-renewal of individual
faculty members shal be made by the Provost and the department head, after appropriate
consultation with the Faculty Senate. Such decisions shall be primarily based upon the
criteria of maintaining the integrity of retained programs and minimizing the overall
disruption to the CSM curriculum. To the extent possible, CSM shall provide early warning of
such non-renewal decisions, so that affected faculty members may seek other employment
opportunities. Once a preliminary decision to terminate an academic program has been
made, the President shal take the fol owing steps:

a. Formulate a draft Academic Program Termination Plan;
b. Meet jointly with the Faculty Senate and appropriate administrators to review the
data and discuss the plan;

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c. Provide the Faculty Senate with at least sixty days to address the problem and
respond to the plan with agreement or constructive alternatives;
d. Decide upon a final Academic Program Termination Plan;
e. Secure Board approval of the plan; and
f. Implement the plan utilizing existing faculty or university committees, as appropriate.
g. Consider offering the options listed in paragraph 9.1.3 below to affected faculty
members.



C. Time Limitations

A tenured faculty member whose contract wil be non-renewed for the subsequent academic year
by CSM for reasons of financial exigency or academic program termination shall be notified of
that fact in a letter from the Provost not later than September 1.


9.1.3 Tenured Faculty Non-Renewal Options

The fol owing options may be offered by CSM to tenured faculty members as alternatives to non-
renewal of their appointments in appropriate situations.

A. Departmental Transfer

If CSM has terminated an academic program, or is contemplating such an action, CSM may offer
a faculty member a transfer to another CSM department or academic program if the faculty
member is qualified by teaching background and scholarship interests. Faculty member
qualifications wil be evaluated by the Provost, Dean of the Col ege1, the new department head,
and the tenured members of the department to which the transfer is being contemplated. If the
faculty member has requested a Retraining Support Plan, it shal be analyzed as part of the
qualification evaluation process.


1. Retraining Support Plan

If a faculty member has transferred to another department or academic program on account
of an academic program termination, he or she may submit a written request to the Provost
for approval of a Retraining Support Plan in which he or she may request reasonable
assistance from CSM to permit retraining or further development of his or her academic skil s
to a level necessary to permit a successful transfer to another department or a more viable
academic program. A Retraining Support Plan shal not exceed one calendar year in duration
and shall outline appropriate goals, milestones, and timetables. It may also contain requests
for paid leave and/or financial support to acquire books or equipment, attend seminars or
short courses, etc.


2. Trial Period

If a faculty member has transferred to another department or academic program on account
of an academic program termination, he or she should not be non-renewed prior to the
expiration of a three-year trial period, which shall include any period of leave requested and
granted as part of a Retraining Support Plan.


3. Departmental Review

If a faculty member has transferred to another department or academic program on account
of an academic program termination, he or she should not be non-renewed unless the new

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department head and a majority of the tenured faculty members of the new department
agree that the transfer has not been successfully accomplished by the faculty member.


B. Financial Incentives for Resignation or Early Retirement

Financial incentives for voluntary resignation may be offered to affected faculty members.
Alternatively, CSM may offer affected faculty members financial incentives for early retirement, if
the faculty member is eligible for retirement pursuant to PERA criteria.


C. Temporary Leave


CSM may offer a faculty member temporary leave with or without pay and benefits.


9.1.4 Reemployment Assistance

During the final year of service tendered by a non-renewed faculty member, CSM may provide
reasonable assistance in seeking alternative employment opportunities. Such assistance may be in
the form of resume and application letter preparation assistance, resume and application letter
printing service, and long-distance telephone use.

9.2 TERMINATION OF EXEMPT, NON-TENURE-TRACK FACULTY MEMBERS


9.2.1 Teaching Faculty


CSM may decide to non-renew the appointment of a teaching faculty member without cause.


A. Time Limitations

Subject to the limitations set forth in Colorado Revised Statutes §24-19-104, a teaching faculty
member whose contract wil be non-renewed for the subsequent academic year by CSM shal be
notified of that fact in a letter from the Provost delivered according to the timetable set forth
below:

Years of Service
Notice Required


During first academic year of CSM appointment:
Not later than April 1.

During second academic year of CSM appointment:
Not later than December 15.

Third academic year and beyond:


Not later than September 1.



A teaching faculty member’s employment contract may be rendered unenforceable and is subject


to termination without advance notice if, during the term of the faculty member’s appointment,


CSM:

(I) Ceases to be an enterprise, as defined in Section 20(2)(d) of Article X of the State
Constitution; and
(II) Lacks present cash reserves sufficient to pledge irrevocably to satisfy the terms of the
contract.





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9.2.2
Other Non-Tenure-Track Faculty Members

All other exempt, non-tenure-track faculty members may be terminated by CSM at any time. While it
is CSM’s intention to treat these faculty members fairly and communicate performance deficiencies to
them in a timely manner, it is not a requirement that communication of performance deficiencies
must occur prior to termination. A decision to terminate an exempt, non-tenure-track faculty
member may only be made by the President, Provost, or a vice president following appropriate
consultations with an attorney from the Office of Legal Services and the Associate Vice President for
Human Resources.

9.3 TERMINATION FOR JOB ABANDONMENT

Any employee who, without the permission of CSM, fails to report to work, or fails to return to work after
the expiration of an approved absence, for a period of time exceeding thirty days shal be deemed to
have constructively tendered his or her resignation. In such a case, the employee may be terminated by
CSM under this subsection without initiating the termination for cause process set forth in subsection 9.5
below. In addition to the above-listed requirements, the following conditions must apply in order for CSM
to terminate an employee on the ground of job abandonment: (1) the employee must have exhausted al
of his or her available leave which is applicable to the absence, including family medical leave, or refused
to utilize his or her available leave; (2) the absence must, in the judgment of CSM, be unreasonable or be
otherwise unexcused; and (3) at least seven days prior to terminating an absent employee under this
subsection, CSM must deliver to the employee written notice directing the employee to report to work by
a specified date and clearly state the consequences of the employee’s failure to do so.

9.4 TENURE REVOCATION

In certain cases involving a lesser degree of cause than is required for immediate termination, CSM may
revoke the tenure of a faculty member for cause without intending to terminate the individual, or with
the intention of non-renewing the individual upon the provision of appropriate notice. Revocation of
tenure for cause may be based upon one or more components of the definition of cause listed in
paragraph 9.4.1 below. A revocation of tenure for consistently substandard performance shal be based,
in whole or in part, upon an individual's failure to adequately complete a Performance Improvement Plan
as set forth in paragraph 7.3.1 above. However, if a tenured faculty member wil fully fails or refuses to
cooperate in the preparation or execution of a Performance Improvement Plan, this requirement wil be
inapplicable.


9.4.1 Definition of "Cause"

The fol owing shal constitute cause for revocation of tenure held by a CSM faculty member: (1)
academic dishonesty; (2) a pattern of unfair or abusive treatment of CSM students; (3) consistently
substandard performance; (4) a pattern of failure to carry out contractual responsibilities or
reasonable, employment-related duties assigned by a supervisor; (5) a violation of CSM's Policy
Prohibiting Gender-Based Discrimination, Sexual Harassment and Sexual Violence, Unlawful
Discrimination Policy, Amorous Relationships Policy, or Research Misconduct Policy; (6) a criminal
conviction involving immoral or unethical conduct; (7) a serious violation of one or more of the
faculty behavioral obligations set forth in subsection 6.2 above; or (8) any other behavior or condition
which significantly affects a faculty member's fitness to carry out his or her professional
responsibilities.





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9.4.2 Initiation of Tenure Revocation Process

The tenure revocation process is initiated by a written tenure revocation petition with supporting
documentation. Such a petition may be formally lodged by: (1) the departmental tenure committee;
(2) the department head; or (3) the Provost. The issue of initiation of a tenure revocation petition
may be raised by any member of the departmental tenure committee at any time and shal be
determined by a majority vote of the committee. The individual or group lodging the petition shall
deliver copies thereof to the two other individuals or groups listed above as wel as the affected
faculty member. In response to the petition, the faculty member may submit a written statement
with supporting documentation to al of the individuals or groups listed above.


9.4.3 Tenure Revocation Process


The fol owing is a general outline of the tenure revocation process at CSM:

A. The department head shal convene the departmental promotion and tenure committee and
appoint a committee member to chair deliberations.
B. The departmental promotion and tenure committee shall examine the tenure revocation
petition with supporting documentation and the written statement with supporting
documentation provided by the affected faculty member, prepare a written tenure revocation
report containing a recommendation, and transmit same to the department head. A report
prepared by members of the committee holding a minority point of view shall also be
accepted for consideration.
C. The entire tenure revocation package, including the tenure revocation petition with
supporting documentation, the written statement with supporting documentation provided by
the affected faculty member, recommendation(s) of the committee, and a recommendation
from the department head, shal be forwarded to the Provost.
D. Copies of the recommendation(s) of the committee and the recommendation of the
department head shall be provided to the affected faculty member.
E. The Provost may convene the Promotion and Tenure Committee to examine the tenure
revocation package, engage in discussions of the issue, and submit recommendations on the
tenure revocation.
F. The Provost may request the Vice President for Research and Technology Transfer to
examine the tenure revocation package and submit a written recommendation on the tenure
revocation.
G. The Provost shal review and consider al of the material provided in the tenure revocation
package and make a final decision regarding the tenure revocation.
H. The Provost shal provide written notification of his decision to the affected faculty member.
I. In the case of an unfavorable decision, the affected faculty member may appeal the decision
pursuant to the Termination and Non-renewal Appeal Procedure set forth in subsection 9.6
below.


9.4.4 Voluntary Relinquishment of Tenure

Tenured faculty members may voluntarily relinquish their tenure rights in exchange for consideration
offered by CSM, which may include, but is not limited to, a sum of money and/or a term employment
contract for a specified period. Faculty members who wish to pursue this option should initiate a
discussion of the subject with the Provost. In order to be effective, all agreements to relinquish
tenure must be reduced to writing and executed by the affected faculty member and the President.




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9.5 TERMINATION FOR CAUSE

Subject to the requirements specified below, any tenured, tenure-track, or teaching faculty members may
be subject to termination for cause by CSM under this section. Termination of the employment of a
tenured faculty member for cause does not require a separate, formal revocation of tenure by CSM;
rather, tenure revocation is implicit in the termination for cause process.

9.5.1 Definition of "Cause"

The fol owing shal constitute cause for termination of a tenured, tenure track, or non-tenure track
teaching faculty member: (1) academic dishonesty; (2) a pattern of unfair or abusive treatment of
CSM students; (3) consistently substandard performance; (4) a pattern of failure to carry out
contractual responsibilities or reasonable, employment-related duties assigned by a supervisor; (5) a
violation of CSM's Policy Prohibiting Gender-Based Discrimination, Sexual Harassment and Sexual
Violence, Unlawful Discrimination Policy, Amorous Relationships Policy, or Research Misconduct
Policy; (6) a criminal conviction involving immoral or unethical conduct; (7) a serious violation of one
or more of the faculty behavioral obligations set forth in subsection 6.2 above; or (8) any other
behavior or condition which significantly affects an employee's fitness to carry out his or her
professional responsibilities.


9.5.2 Decision Making Standards

A termination for cause may be based upon one or more components of the definition of cause listed
in paragraph 9.5.1 above. Termination of a tenured faculty member for cause for professional
incompetence and/or significant substandard performance shall be based, in whole or in part, upon
that individual's failure to complete a Performance Improvement Plan pursuant to paragraph 7.3.1
above in an adequate manner. However, if the individual wil ful y fails or refuses to cooperate in the
preparation or execution of a Performance Improvement Plan, this requirement wil be inapplicable.
In deciding whether to grant or deny a request to terminate an employee for cause, the decision
making official shal utilize the "preponderance of the evidence" standard as it is general y applied in
civil cases to resolve disputed factual issues.


9.5.3 Initiation of Termination for Cause Process

A termination for cause may be initiated by the faculty member’s immediate supervisor, or any
higher-level supervisor within the applicable chain of authority including the President or Provost. If
the affected faculty member reports directly to the President, the President shal be the initiating
party. Once a termination for cause has been initiated, the affected faculty member shal receive
written notification setting forth h the applicable reason(s) for termination.. If the termination for
cause proceeding has been initiated by the Provost, the notification function specified above shal be
performed by an uninvolved vice president selected by the President, who shal also preside over the
remainder of the process specified in this subsection. If the termination for cause proceeding has
been initiated by the President, the notification function specified above shall be performed by an
uninvolved vice president selected by the Chairman of the Board, who shal also preside over the
remainder of the process specified in this subsection. The affected faculty member may be
suspended with pay for the duration of the process specified in paragraph 9.5.4 below if, in the
judgment of the President or Provost, the best interests of CSM would be served thereby.


9.5.4 Termination for Cause Process

Prior to rendering a decision on the matter, the presiding official shal provide the affected faculty
member with an opportunity to reply in writing to the request for termination and to participate in a

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conference with the presiding official and the requesting supervisor. During this conference, the
faculty member may be accompanied by a representative of his or her choosing in order to effectively
present his or her position in the matter to the presiding official. After hearing a presentation from
each side during the conference and examining al submitted written material, the presiding official
shal render a written decision on the request for termination within a reasonable time and provide
copies of the decision to the affected faculty member and the requesting supervisor. A faculty
member who has been terminated for cause may appeal the decision pursuant to the Termination
and Non-renewal Appeal Procedure set forth in subsection 9.6 below.

9.6 TERMINATION AND NON-RENEWAL APPEAL PROCEDURE

9.6.1 Persons Eligible to File an Appeal

An appeal hereunder may be filed by any individual described in one of the categories below,
hereinafter referred to in this appeal procedure as the "Appellant."

A. Any tenured, tenure track, or teaching faculty member who has been terminated for cause or
whose employment contract has been non-renewed, as long as his or her employment
contract does not specifically render this procedure inapplicable; or
B.

Any tenured employee whose tenure has been revoked by CSM.


9.6.2 Notice of Appeal

A Notice of Appeal is a written document in letter or memorandum form, which is prepared by the
Appel ant and filed with the appropriate CSM official to initiate an appeal hereunder. The Notice of
Appeal must contain, at a minimum, a concise statement of the matter being appealed as wel as the
specific grounds for the appeal set forth in sufficient detail to provide CSM with reasonable notice of
the substance of the appeal. In al non-renewals of tenured faculty and al terminations for cause,
the Notice of Appeal shal address the matters asserted by CSM as grounds for the decision. If the
Appel ant believes the asserted grounds are pretextuous, the Appel ant shal state such belief and
address all other issues, including any constitutional right violations, which the Appel ant believes
constitute the actual reasons for termination or non-renewal. In al non-renewal appeals by tenure-
track and teaching faculty members, the Notice of Appeal must al ege violation by CSM of a specific,
constitutionally protected right of the Appel ant.


9.6.3 Procedure for Initiation of Appeals


A. Place to File Notice of Appeal

A Notice of Appeal shal be addressed to and filed with the office of the CSM official who issued
the notification of the action constituting the subject matter of the appeal, hereinafter referred to
in this appeal procedure as the "Respondent," who shall be presumed to be acting on behalf of
CSM throughout the case. At the time the Notice of Appeal is filed with the Respondent, a copy
thereof shal also be filed with the Office of Legal Services.


B. Time Limitations

All appeals filed pursuant to this procedure must be filed with the Respondent and the Office of
Legal Services no later than thirty days fol owing receipt by the Appel ant of notification of the
action constituting the subject matter of the appeal. If the last day to file a Notice of Appeal, or
any other document pursuant to this procedure, happens to fall on a weekend, a holiday, or any

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day on which CSM is closed, the Notice of Appeal or other document shall be due on the next
CSM business day. If a Notice of Appeal is not filed in a timely manner, the Appellant shall forfeit
all rights of appeal conferred hereunder. The Respondent shall notify the Appel ant in writing if a
Notice of Appeal is not received in a timely manner.


C. Extension of Time Limitations

For good cause, the Appellant may request in writing from the Respondent an additional amount
of time within which to file a Notice of Appeal. However, in order to be considered, a Request for
Additional Time must be filed within the time limit for filing the Notice of Appeal. The
Respondent shal possess the authority to issue a final ruling on such a request.

D. Fulfillment of Notice of Appeal Requirements

An attorney from the Office of Legal Services shal examine the Notice of Appeal to determine if
the requirements set forth above have been met. If the attorney determines that the Notice of
Appeal has not fulfil ed the requirements, he or she shal inform the Appel ant of the deficiencies
in writing within ten business days. The Appel ant shal then have the right to correct and re-file
the Notice of Appeal. If the Notice of Appeal was filed in good faith, the Appel ant shal have the
remainder of the time limit for filing the appeal, if any, plus five additional business days to
correct the deficiencies and re-file the Notice of Appeal. If the attorney concludes that the re-
filed version of the Notice of Appeal is stil deficient, the Appel ant may: (1) correct and re-file the
Notice of Appeal; or (2) request that the re-filed version along with a written recommendation of
the attorney be forwarded to the hearing panel for a decision. If option #1 above is chosen, the
Appel ant shal have the remainder of the original time limit for filing the appeal, if any, plus five
additional business days to correct the deficiencies and re-file the Notice of Appeal. If option #2
above is chosen, the hearing panel must examine the Notice of Appeal and decide that: (1) the
Notice of Appeal is not deficient, and the appeal may proceed to hearing; (2) the deficiencies
contained in the Notice of Appeal are not fatal, and the appeal may proceed to hearing; or (3)
the deficiencies contained in the Notice of Appeal are fatal, and the complaint must be "dismissed
with prejudice." If the Notice of Appeal is dismissed with prejudice, it may not be re-filed.


9.6.4 Appeal Standards


A. Reviewable Issues

In al termination for cause appeals, tenure revocation appeals, and non-renewal appeals filed by
tenured faculty, the reviewable issues shal be limited to the matters asserted by CSM as grounds
for the termination, tenure revocation, or non-renewal. If the Appel ant believes the asserted
grounds are pretextuous, the Appellant may introduce other issues that are believed to constitute
the actual reason for termination. In all non-renewal appeals, an al eged violation of a
constitutionally protected right of the Appel ant shall be the only issue considered on appeal.
However, this appeal procedure is not designed to resolve al egations of unlawful discrimination
made by terminated employees. Any appeal that contains such al egations must be filed as a
complaint under the Board of Trustees’ Unlawful Discrimination Policy and Complaint Procedure.


B. Burden of Proof

The Respondent shal bear the burden of proof in al termination for cause appeals, tenure
revocation appeals, and non-renewal appeals filed by tenured faculty. The Appel ant shal bear
the burden of proof in al non-renewal and not-for-cause termination appeals filed by tenure-
track and teaching faculty members.

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C. Standard of Proof

The standard of proof for al appeals heard pursuant to this procedure shal be the
"preponderance of the evidence" standard, as it is generally applied in civil cases. This standard
shal be deemed met if the panel believes that it is more likely than not that the facts at issue
occurred. The "facts at issue" shall include all facts that are required to be proven by the party
bearing the burden of proof in order for such party to prevail.


9.6.5 Hearing Panel

All appeals filed hereunder shal be heard by a hearing panel chosen under the supervision of the
Associate Vice President for Human Resources pursuant to the method set forth in subparagraph A
immediately below.

A. Initial Hearing Panel Selection Criteria

An initial hearing panel of ten individuals shal be selected at random from the employee group of
which the Appel ant is a member, i.e., academic faculty, administrative faculty, research faculty,
etc. If the Appellant is an academic faculty member, the initial hearing panel shal be selected
from the pool of tenured faculty holding an academic rank equal to or higher than the Appel ant.
If a particular employee group is too smal to contain ten individuals who are available to serve
on the hearing panel, a sufficient number of other exempt CSM employees shall be selected on a
random basis to serve on the panel. Committee members may be excused on account of conflict
of interest, health, or unavoidable absence from campus.

1. Hearing Panel Selection Process

The Appel ant and the Respondent shal each disqualify two of the initial panel members.
The disqualifications exercised by the parties shall proceed in an alternate fashion beginning
with the Appel ant. Of the remaining initial panel members, the one chosen last shal serve
as an alternate hearing panel member. The other five initial panel members shall constitute
the hearing panel for the appeal. An excused initial panel member shall be replaced by
another initial panel member chosen in a random drawing prior to the exercise of any
disqualifications by either party.

2. Selection of Chief Panel Member

After the hearing panel has been chosen, the panel members shall elect a chief panel
member from their number to preside throughout the case.

3. Authority of Chief Panel Member

The chief panel member shal have the authority to (a) issue orders to compel discovery; (b)
make rulings on evidentiary objections; and (c) issue any other orders necessary to control
the conduct of the hearing and prohibit abusive treatment of witnesses, including removal of
disruptive individuals from the hearing room.

4. Role of Alternate Hearing Panel Member


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The alternate hearing panel member shal observe, but not actively participate in, al of the
proceedings in the case and be prepared to substitute for a panel member who becomes
unavailable during any stage of the case due to death, il ness, or emergency.


9.6.6 Legal Representation


A. The Appellant

The Appel ant may consult with or retain legal counsel at his or her own expense to provide the
degree of legal representation desired during the case.


B. The Respondent

The Respondent may consult with or retain legal counsel to provide the degree of legal
representation desired during the case.


C. The Hearing Panel

The hearing panel shal be represented by a "conflicts counsel" provided by the Office of the
Colorado Attorney General.

D. Peer Counsel

As an alternative to retaining an attorney, the Appel ant may, through an appropriate written
document, designate a fellow employee to serve as peer counsel to provide moral support or
actual representation during the hearing. If so designated and to the extent authorized, the peer
counsel may speak on behalf of the Appel ant, examine witnesses, deliver opening statement and
closing argument, etc.


9.6.7 Pre-Hearing Procedures


A. Acknowledgment of Notice of Appeal

As soon as practicable after receipt of the Notice of Appeal and completion of the examination of
legal sufficiency, the Respondent shall send a letter to the Appellant acknowledging timely receipt
and the legal sufficiency of the Notice of Appeal. This subsection shall not apply if the Notice of
Appeal was untimely or legal y insufficient.


B. Setting of Hearing Date

After a chief panel member has been chosen, a hearing date shal be set with reasonable
consideration given to the schedules of the individuals concerned. The chief panel member shall
set a date for the hearing, which shal occur no more than ninety days after the date upon which
the hearing panel was selected. Once set, the hearing date may be rescheduled only with the
concurrence of the Appel ant, the Respondent, and the chief panel member.


C. Pre-Hearing Discovery

Informal discovery, or the voluntary exchange between the parties of information relevant to the
case, is encouraged. If the parties cannot resolve such issues informally, either party may move
the chief panel member up to fifteen days prior to the hearing date to enter an order compel ing

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discovery upon a showing of the relevance of the requested information and the necessity of
such information to case preparation. The other party may oppose such request by showing that
the requested information is irrelevant, unnecessary to the moving party's case preparation, or
privileged according to law.


D. List of Hearing Issues

After examining the pre-hearing statements of both parties, the hearing panel shall prepare a list
of issues to be resolved through the hearing and distribute such list to the parties no later than
two business days prior to the hearing date. The panel may list issues contained in the pre-
hearing statement of either party. The list of issues generated pursuant to this subparagraph
shal be binding upon the subsequent hearing and shal form the standard against which al
relevancy arguments shal be weighed.

9.6.8 Pre-Hearing Statements


A. Contents of Pre-Hearing Statements

Each party shal file a pre-hearing statement containing the following components:


1. Summary of the Argument: A concise statement summarizing the case from the
position of the submitting party;


2. List of Issues: A list of the issues that the submitting party wishes the hearing panel to
resolve;


3. List of Witnesses: A list of witnesses to be presented at the hearing along with a
summary of the anticipated testimony of each witness; and


4. Photocopies of Exhibits: Photocopies of each exhibit to be presented at the hearing.

B. Deadlines for Pre-Hearing Statements

The Appel ant shal file a pre-hearing statement with the hearing panel and provide a copy to the
opposing party no later than ten business days prior to the hearing date. The Respondent shal
file a pre-hearing statement with the hearing panel and provide a copy to the opposing party no
later than eight business days prior to the hearing date. If the hearing date is rescheduled, these
time limits shall apply to the rescheduled hearing date.


C. Limitations Imposed by Pre-Hearing Statements

Neither party shal make an argument during the hearing that is inconsistent with the arguments
set forth in the summary of the argument section of his or her pre-hearing statement. Neither
party shall introduce any witnesses or exhibits at the hearing that are not listed in his or her pre-
hearing statement. Al exhibits listed in the pre-hearing statements shall be deemed genuine and
admissible unless successful y chal enged prior to the hearing.


D. Amendments to Pre-Hearing Statements

Up to five business days prior to the hearing date, either party may request the chief panel
member to permit amendments to his or her pre-hearing statement upon a showing of good

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cause and lack of prejudice to the opposing party. Any party filing an amended pre-hearing
statement shal provide a copy thereof to the opposing party no later than the filing deadline
imposed by the order permitting the amendment.


9.6.9 Hearing Procedures


A. Presumption of Open Hearing

Subject to limitations imposed by the capacity of the hearing room, the hearing shal be open to
the public. For good cause, either party may request that the hearing be closed to the public.
The chief panel member may grant such a request only if the non-requesting party does not
object.

B. Sequestration of Witnesses

Upon the request of either party, the chief panel member shal direct that al individuals
scheduled to appear as witnesses in the hearing may not be present in the hearing room except
when testifying.

C. Order of Presentation

The party bearing the burden of proof, hereinafter referred to in this appeal procedure as the
"Initial Party, shal present his or her case-in-chief first. After this case has been presented, the
party who does not bear the burden of proof, hereinafter referred to in this appeal procedure as
the "Other Party," shal present his or her case-in-chief.


D. Outline of Hearing

The hearing shal proceed according to the fol owing general outline:

1. Initial Party's Opening Statement
2. Other Party's Opening Statement (unless reserved)
3. Initial Party's Case-in-Chief
4. Other Party's Opening Statement (if reserved)
5. Other Party's Case-in-Chief
6. Initial Party's Rebuttal Case (unless waived)
7. Other Party's Rebuttal Case (only if Initial Party presents a rebuttal case and unless
waived)
8. Initial Party's Closing Argument
9. Other Party's Closing Argument
10. Initial Party's Rebuttal Argument (unless waived)


E. Case-in-Chief Procedure

During a party's case-in-chief, that party may testify, examine other witnesses, or introduce
documents as evidence to the hearing panel. Arguments shall not be made by a party or a
representative of a party during the case-in-chief, but shal instead be reserved for the closing
argument. Hearing panel members may interject questions at any time.



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F. Witness Examination Procedure

Each witness shal be directly examined by the party on whose behalf the witness has appeared
to testify. Upon the conclusion of the direct examination of each witness, the opposing party
shal be permitted the right of cross-examination. The chief panel member may permit re-direct
and re-cross examination. However, an identical examination procedure shal be utilized for al
witnesses testifying during the same hearing.


G. Inapplicability of Strict Evidentiary Rules

Strict legal evidentiary rules shal not apply during the hearing. The chief panel member shal
rule on the admissibility of disputed evidence with primary consideration given to the relevance,
reliability, and probative value of proffered evidence.


9.6.10 Post-Hearing Procedures


A. Recommendation of the Hearing Panel

After the conclusion of the hearing, the hearing panel shal confer among themselves and vote
upon a recommended course of action. The panel members holding a majority point of view
shal designate a member of their group to write a recommendation reflecting their opinion.
Panel members holding a minority point of view may issue a dissenting recommendation in a
similar fashion.


B. Contents of Recommendation


The recommendation of the hearing panel shal include the fol owing components:


1. Statement Regarding Burden of Proof: A statement regarding whether or not the
hearing panel believes that the burden of proof borne by the Initial Party has been
sustained;


2. Findings of Fact: A list of the relevant facts found by the hearing panel upon which
the recommendation is based;


3. Legal Conclusions: A list of the legal conclusions of the hearing panel upon which the
recommendation is based; and


4. Recommended Course of Action: A statement regarding the action that is being
recommended by the hearing panel.


C. Issuance of Recommendation

The recommendation of the hearing panel shal be issued to the parties and delivered to the
President of CSM along with the panel's case file within ten business days after the conclusion of
the hearing. If the President is the Respondent or the initiating party of a termination for cause,
the Chairman of the Board shal substitute for the President throughout the remainder of this
appeal procedure.



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D. Issuance of Presidential Decision

The President shal examine the case file, consider the recommendation of the hearing panel,
and issue a final written decision in the matter. The President shall possess the authority to
affirm, reverse, or modify the recommendation of the hearing panel, or to remand the matter to
the panel for further proceedings or consideration. The decision of the President shal be
delivered to the parties and the hearing panel within fifteen days from the date of the President's
receipt of the case file and recommendation from the hearing panel, unless the President is
unavailable for a significant amount of time during this period.


E. Presidential Unavailability

The term "unavailable," as utilized in this subparagraph and subparagraph D immediately above,
shal be defined to mean out of town, medically incapacitated, or engaged in important CSM
business to the extent that sufficient time cannot be devoted to decision making hereunder. If
the President is unavailable for a significant period of time during the decision-making period, a
letter shall be sent to the parties advising them of that fact as well as the anticipated date of
presidential availability. In such event, the decision shall be due fifteen days from the date upon
which the President becomes available. The President shal be the sole judge of unavailability
hereunder.


F. Appeal of Final Decision of CSM

The decision issued by the President shal constitute the final decision of CSM regarding the
matter being appealed. There shal be no further appeal from the final decision of CSM. If the
Appel ant is aggrieved by the final decision of CSM, he or she may pursue other available legal
remedies.

9.7 RESIGNATION

Resignation is an action by which an exempt employee voluntarily severs his or her employment
relationship with CSM.


9.7.1 Resignation Procedure

In order to constitute formal notice to CSM, an exempt employee's resignation shal be in the form of
a letter or other written document submitted to his or her immediate supervisor. The supervisor shal
provide the employee a written acceptance of the resignation. The resignation of a faculty member
shal be effective on the date specified in the letter of resignation, or such other date as may be
mutual y agreed upon by the faculty member and CSM in writing.


9.7.2 Requested Notice

Because of the extreme hardship that may be caused by an untimely resignation, it is requested that
an exempt employee provide notice of his or her intention to resign to his or her supervisor as early
as possible. For tenured, tenure-track, and teaching faculty, it is expected that, except in unusual
circumstances, a resignation wil be effective at the end of an academic year, i.e., the date of spring
commencement.




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9.8 RETIREMENT

An exempt employee may retire at any time if he or she qualifies pursuant to PERA or other retirement
plan criteria. In order to constitute formal notice to CSM, a faculty member's retirement announcement
shal be in the form of a letter or other written document addressed to the President or a vice president
within the applicable chain of authority. The retirement of an exempt employee shal be effective on the
date specified in the retirement announcement, or such other date as may be mutually agreed upon by
the employee and CSM in writing.


9.8.1 Human Resources Office Consultation

All exempt employees considering retirement are encouraged to discuss their retirement plans and
strategies with the CSM Human Resources Office at the earliest appropriate time in order to maximize
their retirement opportunities by familiarizing themselves with applicable State Federal, and
retirement requirements and deadlines. This paragraph shal not be construed to require CSM to
offer a transitional retirement agreement to a faculty member or to require a certain level of
minimum content, compensation, or period of transition appointment.


9.8.2 Transitional Appointments

At the discretion of the appropriate vice president or Provost and subject to the approval of the
President, this type of appointment is available to exempt employees who are eligible for retirement
under PERA guidelines. An individual interested in a transitional appointment should contact his or
her supervisor to determine the availability of a transitional appointment and any specific conditions
for his or her situation. Any questions regarding PERA eligibility should be directed to the CSM
Human Resources Office. The fol owing guidelines shal apply to the granting of transitional
appointments at CSM.

A. Transitional appointments wil be considered by CSM for a period of up to three years, unless
special circumstances exist.
B. An exempt employee who desires a transitional appointment must work out an acceptable
plan for the transitional appointment with his or her supervisor and the appropriate vice
president. A Transitional Appointment Agreement wil be prepared which shal include al
essential details of the appointment.
C. CSM employment during the transitional appointment shal be limited by applicable PERA
rules.
D. A transitional appointee shal be evaluated and considered for pay increases on the same
basis as full-time faculty in proportion to the scope of his or her appointment, unless
specified otherwise in the Transitional Appointment Agreement.
E. A transitional appointee wil be considered benefits-eligible (as defined in Section 5.2 of the
Faculty Handbook) during the period his or her Transitional Appointment Agreement is in
effect and is eligible for health, dental, life, and other non-PERA benefits the same as other
benefits-eligible faculty who meet the eligibility provisions of the insurances or benefits plan.
F. Individuals on transitional appointments are considered to be retirees.
G. This section shal not be construed to require CSM to offer a transitional retirement agreement
to a faculty member or to require a minimum level of course assignments or compensation,
or a minimal appointment term or effective period under the transitional appointment
agreement.


9.8.3 Voluntary Early Retirement Plans

Voluntary early retirement plans may be offered by CSM from time to time.

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9.8.4 Disability Retirement

An employee who sustains a permanent injury, or who suffers from a permanent and debilitating
physical or mental condition, may be eligible for disability retirement under PERA criteria. Exempt
employees desiring additional information on this subject should contact the CSM Human Resources
Office.

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