Dear Faculty Relations - I know the PRR is an Academic Affairs Policy; does it have legal implications too? 鈥� Worried about the Law

Dear Worried about the Law -听The Professional Rights and Responsibilities of Faculty Members and Roles and Responsibilities of听 Academic Leaders academic policy and procedure (PRR) specifically requires academic leaders to respond to concerns about unprofessional conduct by following the process in Part IV (see Part III.C.2.k). Not only does Part IV provide flexible resolutions that help you meet the needs of your unit, but Part IV also seamlessly incorporates legal guardrails that protect the integrity of the process and your response.

To highlight some:

  • Written communications 鈥� reducing important points to writing provides clarity, furthers transparency, and memorializes what occurred
  • Notice 鈥� alerting faculty about pertinent details equips them with adequate information to respond and to make future decisions that prevent further concerns
  • Opportunity to be heard 鈥� allowing faculty to tell their side of the story and produce mitigating information assures accurate findings听
  • Evidentiary standard 鈥� articulating how much information is enough to tip the scales avoids arbitrary decisions and bolsters consistency
  • Impartiality 鈥� conflicts of interest muddy thinking and erode trust
  • Confidentiality 鈥� keeping information to only those who need to know it honors the sensitivity of the context
  • Proportional remedies and sanctions 鈥� a range of options should be considered, responses, individualized, and any 鈥減unishment鈥� should fit the crime, so to speak.

These components contribute 鈥渇undamental fairness,鈥� lawyer-speak for what we know at a gut level to be universal justice through due process. Affording a fundamentally fair process is not only the right thing to do, but it strengthens the legal defensibility of your response to the concerns. 听

So the next time you are following the processes in Part IV to achieve a more professionally accountable environment, know that in doing so, you are also helping yourself and the university defend against related legal challenges that could arise down the line.

Written by Michelle Krech, Senior Associate University Counsel and Special Assistant Attorney General, University of Colorado, Office of University Counsel, December 2021