2.9 FACULTY RIGHTS AND RESPONSIBILITIES
2.9.1 Faculty Duties
A Full-time Faculty Member is appointed with the understanding that service to the student and the College has several aspects. Of prime importance are teaching duties in the classroom, in the laboratory, in tutorials, in independent study, and in individual instruction. Faculty members are also expected to engage in the preparation necessary to carry out these duties, including the design of new courses.
The curriculum of Juniata College demands that great emphasis be placed on advising students. Academic advising consists of helping students develop Programs of Emphasis appropriate to their abilities and plans. It also includes counseling in the faculty member's area of special competence. On some occasions personal advising is appropriate although there are special resources in the College for this purpose.
Other normal duties of the faculty member involve committee work, administrative duties such as departmental duties, and other responsibilities relating to the academic program as appropriate.
The actual work load of any particular faculty member is a combination of the above components so that one faculty member may have, for example, more committee work and less advising than other, or vice versa. (See the section on Workload, Section 2.11.)
Recommendations for renewal of contract, tenure, and promotion are made considering the totality of service and proper fulfillment of assigned duties. (See Section 2.5.)
Faculty members are obligated to attend important college functions such as convocations, faculty meetings, and Commencement Exercises. Requests to be excused from such functions must be directed to the Provost.
Although faculty salaries are paid monthly over twelve months (beginning with September through August), the period of assigned work, unless specified otherwise in the contract, is from about one week before the beginning of the academic year as determined by the academic calendar through Commencement. This permits faculty to accept contracts for other work during the summer after Commencement.
There are announced times when College is not in session, usually at Thanksgiving, Christmas, and breaks between semesters. Faculty are expected to have grades turned in to the Registrar's Office in proper form before they depart from campus on a semester break.
Cancelling classes before vacation periods is normally not permitted. Such actions place unwarranted pressures on other faculty conscientiously attempting to fulfill their obligations. All cancellations of classes should be submitted to the Provost for approval.
In courses that have been approved by the Curriculum Committee with final examinations as components of their evaluation system, faculty are obligated to give final examinations and are expected to do as scheduled. No final examination will be rescheduled without the written approval of the Provost.
Faculty are expected to hold classes during all those times scheduled in the list of courses distributed by the Registrar. Any change in time or room must be negotiated with the Registrar.
It is the policy of Juniata College to accommodate whenever possible and without regard to religious persuasion the request of any member of the College community to participate in major religious holidays.
2.9.2 Outside Activities
The primary responsibility of a full-time faculty member is to render to the College the most effective service possible and to devote his/her full working time during the academic year to the College. At the same time, consulting and other outside activities of a professional nature are encouraged by the College where such activities give the faculty member experience and knowledge valuable to professional growth and development. These activities may help the member of faculty make worthy contributions to knowledge, or contribute to instructional programs, or otherwise make a positive contribution to the College or the community. See Section 2.9.1.
188.8.131.52 Definition of the "Academic Year"
The members of the full-time faculty are engaged from the beginning of Faculty Conference preceding the Fall semester through Commencement, period of approximately nine months. The faculty is paid on a twelve-month basis, beginning in September. If a member of the faculty is asked to be on duty between Commencement and the fall Faculty Conference, he or she will receive additional compensation.
184.108.40.206 Conflicts with Primary College Responsibilities and Outside Activities
No outside service or enterprise, professional or other, should be undertaken that might interfere with the faculty member's primary responsibility to the College as defined in Sections 2.9 and subsections 2.11.1 and 2.11.2. While the member of faculty is encouraged to engage in outside professional activities, these must be clearly subordinate to his/her teaching, advising, research and College service responsibilities.
220.127.116.11 Definition of "Outside Professional Activities"
"Outside professional activities" are those activities compensation or uncompensated, which are related to the faculty member's academic specialty which involve persons, entities or governmental agencies other than the College (an "outside entity") or programs administered through or sponsored by an outside entity. Examples of "outside professional activities" include:
- practicing a profession on a part-time basis;
- providing professional, managerial, or technical consulting services to an outside entity;
- serving on a committee, panel, or commission established by an outside entity;
- testifying as an expert in administrative, legislative, or judicial hearings;
- participating in or accepting a commission for a musical, dramatic, dance, or other artistic performance or event sponsored by an outside entity; and,
- teaching at an institution other than the College.
18.104.22.168.1 Examples of Usual "Outside Professional Activities"
Ordinarily, faculty may be engaged in one or more of the following outside professional activities:
- writing of scholarly books, monographs and articles;
- participating in professional organizations, seminars, and colloquia that are relevant to the educational process at the College and/or to the individual's academic interest;
- acting as reviewers or editors for professional journals or book manuscripts; or,
- presenting occasional lectures or papers at meetings of an outside entity.
22.214.171.124.2 Applicable Procedures
All "outside professional activities" are subject to the College policy that conflict between such activities and a faculty member's primary responsibility or the appearance of conflict be avoided. However, in recognition that "outside professional activities" may make a valuable contribution to the College and to an individual's professional growth (as long as the activities are undertaken in a manner consistent with the full performance of the faculty member's primary obligations to the College), the following procedures are adopted:
126.96.36.199.3 Prior Authorization Required
A member of faculty should inform the Chair of the department and the Provost prior to any instances where a conflict between his/her primary responsibility and his/her outside activity may arise. Such planning is in the best interests of the faculty member, the department, and the College.
A faculty member is not requested, however, to obtain prior authorization before engaging in "outside professional activities" in the academic and scholarly activities described above.
188.8.131.52.4 Use of College Facilities and Services
College facilities may be used by faculty members in connection with the academic or scholarly activities described above without being subject to the requirements of prior approval or reimbursement.
While faculty members may utilize the services of the secretarial staff of their respective department to assist in the preparation of professional articles, papers, reviews, etc., such clerical assistance should not interfere with official work.
Except for the use of office space assigned to a faculty member and available library services, College facilities (including, with limitation, computers and other equipment) may be used by faculty members in connection with "outside activities" and "outside professional activities" only after written approval by the Chair of the faculty member's department, the Provost and the person responsible for operating the facility or equipment. In all cases, the faculty member or his/her outsider employer or sponsor will pay the rate established by the College for the use of the facility, equipment, materials or services.
184.108.40.206.5 Use of the College Name and Seal
The College's name and seal are the exclusive property of the College and, consequently, may not be used in connection with goods or services offered by any outside organization without the prior permission of the Provost.
Official stationery may not be used in connection with any outside activities except with respect to those academic and scholarly activities described above. No report or statement relating to outside activities may have the name of Juniata College attributed to it. The use of official College titles for personal gain or publicity is prohibitied without the written approval of the Provost.
Approval by the Faculty November 5, 2015
Approval by the Board of Trustees, February 6, 2015
220.127.116.11.6 College Assumes No Responsibility
The College assumes no responsibility for the competence or performance of "outside activities" engaged in by a faculty member, nor may any responsibility be implied in any advertising with respect to such activities. Faculty members may not represent themselves as acting on behalf of the College when they are not.
18.104.22.168.7 Political Activity
Faculty members, as citizens, are free to engage in political activities. Any member of the faculty who wishes to engage in direct political activity which will involve a substantial amount of time away from the performance of College responsibilities
(e.g., holding or running for political office, managing a campaign, directing group action on behalf of a political candidatee or issue) is expected to arrive at a mutually satisfactory agreement for a leave of absence with the Department Chair and the Provost before undertaking such activity.
The terms of such leaves of absences will be set forth in writing, and the leaves will not affect unfavorably the tenure status of a faculty member, except that time spent on such leave will not count as probationary service unless otherwise agreed to.
22.214.171.124.8 Compliance and Enforcement
The Provost and the Department Chair are available for advance consultation with respect to resolving potential conflicts between a member of faculty's primary responsibility and outside activities. The College expects faculty and staff members to seek advice from these sources. Legal guidance is also available for problems not otherwise resolvable.
If either the Department Chair or the Provost is concerned as to whether or not a faculty member is meeting the standards of this policy, the Chair will discuss the concern with the faculty member. If a satisfactory resolution cannot be reached, the Chair will advise the Provost. The Provost will then meet with the member of faculty to resolve the issue.
2.9.3 Absence from Duty
Members of the faculty who expect to be absent from their campus responsibilities for more than one day should inform the Department Chair in advance and indicate how their work will be done. Absences of more than one week must be approved in advance by the Provost. Last minute absences, such as those due to illness, should be reported to the Department Chair as soon as possible in order that word may be sent to the classes which will be missed.
Juniata College does not permit faculty to tutor enrolled Juniata students for compensation during the academic year. Arrangements can often be made with other students for tutoring when a student needs or desires it.
2.9.5 Scholarship Policy
There are several kinds of scholarly engagement, apart from the immediate acts of instruction, which are appropriate to the faculty member of the liberal arts college. One of these is professional development, the growth in competence as a teacher which follows from a continuing and lively pursuit of scholarly interests. A second is artistic production in which the creativity of a faculty member results in some tangible or observable product. A third is pure research, which is the responsible investigation of a problem aimed at the discovery of new knowledge. A fourth is applied research, which is the responsible investigation of a problem aimed at application of existing knowledge to a particular situation. The practice of one's profession (e.g., management, social work, law, and secondary, elementary, and early childhood education) is deemed a form of applied research.
The first of these represents a minimal necessity in the teacher at a liberal arts college. A person may be a scholar without superior competence as a teacher, but it is inconceivable that a person can remain competent as a teacher without scholarly pursuits. Growth in knowledge, refinement of rational capabilities, and the cultivation of the imagination--in a work, the expected outcomes of a liberal education--are improbable in the junior scholars of a campus apart from the stimulating presence of mature and active senior scholars. This certainly means that as minimum qualifications teachers should possess independent powers of understanding in the field of their special interests and that they should be capable of reflecting critically and appreciatively upon the continuing scholarly developments in their fields. Reflecting these attributes, members of the faculty may well produce from time to time critical and review articles in their dsiciplines. Other scholarly endeavors include activities which increase independent powers of understanding in pedagogy, inspire critical and appreciative reflection upon the continuing scholarly developments in pedagogy, and result in writing and conference participation concerning issues of pedagogy. Scholarly activity also includes maintaining a current awareness of the discipline through the reading of appropriate periodicals and books and,on occasion, attending conferences or participating actively on the program of a conference. Such scholarly activity can and should result in the continual revision and updating of courses taught by the faculty members and enable them to teach those new courses required by a changing environment.
Some artistic productions may be part of a faculty member's academic assignment designed to enrich the cultural aspect of the college program. In addition, a faculty member may wish on his/her own to produce creatively not only for personal benefit but also for the wider community. The College encourages these efforts when they are consistent with its policies. Some endeavors are self-supporting. On occasion, the College may be able to give some aid, as in typing of a manuscript. The guidelines at the end of this Section apply to artistic production as well as research. The third form of engagement, pure research, is, in a sense, a continuation of the first since it represents an attempt by a scholar to answer some of those questions which his/her reading has raised. The fourth form of engagement, applied research, is also a continuation of the first since it represents an attempt by a scholar to put into practice what is know theoretically. Obviously there are some kinds of research (pure or applied) which are impossible to conduct at an institution like Juniata for want to material resources or massive amounts of time. Much valuable research is possible within the context of a liberal arts college, however, and outside sources of support can occasionally be identified to aid in the acquisition of needed facilities. The latter is often particularly true when it can be shown that the facilities will also aid in the undergraduate instructional program. Juniata College encourages scholarly research and assumes that many members of the faculty will engage in it.
The policies applicable to the conduct of artistic production and research at Juniata College beyond the normal academic assignment are as follows:
- Any member of the faculty involved in research or creative productivity should also be actively engaged in teaching.
- The education of students is the central reason for the existence of Juniata College, and all faculty should see their primary responsibilities in these terms.
- When possible, faculty research or productivity should be designed to involve, or at least affect Juniata students, so that such activities provide students with an opportunity to witness the practice of scholarly endeavors.
- Any such activity carried out in the name of the College, or which utilizes College facilities other than the libraries (i.e., laboratory supplies, equipment, secretarial time, studios) or for which released time is made available, requires the advance approval of the Provost.
- The College, through its development office, will aid faculty members in locating funds to support their professional development activities. Modest professional development funds are allocated on a competitive basis. Applications for these funds are made to the Professional Development Committee through the Provost. (See Section 2.10.)
- Released time may, on occasion and with sufficient planning time, be made available. However, the available funds supporting the creative effort must be sufficient to support the released time.
2.9.6 Statement on Academic Freedom
Juniata College believes that academic freedom is essential to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties correlative with rights (See the Code of Professional Ethics that follows). The College endorses the statement below on academic freedom that is taken from the 1990 edition of AAUP Policy Documents and Reports. The word "teacher" as used is understood to include the investigator who is attached to an academic institution without teaching duties. The wording of this statement was changed in several places by the AAUP in 1989 to remove gender-specific references from the original text.
- Teachers are entitlted to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
- Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.
- College and university teachers are citizens, members of a learned profession, and officers of an education institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.
2.9.7 Code of Professional Ethics
Although no set of rules or professional code can either guarantee or take the place of the faculty member's personal integrity, Juniata College believes that the "Statement of Professional Ethics" promulgated by the American Association of University Professors in April of 1966 reaffirmed in 1989 may serve as a reminder of the variety of obligations assumed by all members of the academic profession. Juniata College endorses the Association's "Statement" which is stated below in abbreviated form.
126.96.36.199 The Statement
- Professors, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to keep and to state the truth as they seek it. To this end professors devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although professors may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom on inquiry.
- As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best scholarly and ethical standards of their discipline. Professors demonstrate respect for the students as individuals and adhere to their proper roles as intellectual guides and counselors. Professors make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student's true merit. They respect the confidential nature of the relationship between professor and student. They avoid any exploitation, harassment, or discriminatory treatment of students. They acknowledge significant academic or scholarly assistance from them. They protect their academic freedom.
- As colleagues, professors have obligations that derive from common membership in the community of scholars. Professors do not discriminate against or harass colleagues. They respect and defend the free inquiry of associates. In the exchange of criticism and ideas professors show due respect for the opinions of others. Professors acknowledge academic debt and strive to be objective in their professional judgment of colleagues.
Professors accept their share of faculty responsibilities for the governance of their institution.
- As members of an academic institution, professors seek above all to be effective teachers and scholars. Although professors observe the stated regulations of the institution, provided the regulations do not contravene academic freedom, they maintain their right to criticize and seek revision. Professors give due regard to their paramount responsibilities within their institution in determining the amount and character of work done outside it. When considering the interruption or termination of their service, professors recognize the effect of their decision upon the program of the institution and give due notice of their intentions.
- As members of their community, professors have the rights and obligations of other citizens. Professors measure the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their profession, and to their institution. When they speak or act as private persons they avoid creating the impression of speaking or acting for their college or university. As citizens engaged in a profession that depends upon freedom for its health and integrity, professors have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.
2.9.8 Statement on Sexual/Gender Harassment
The College seeks to create and maintain an academic environment in which all members of the community are free of harassment based on gender or sex. Juniata College espouses values which infuse the academic and residential life on its campus. Undergirding community life must be the awareness on the part of every member of the rights and human dignity of every member. Attitudes of condescension, hostility, role-stereotyping, and sexual innuendo weaken the health of the community.
Furthermore, harassment based on sex or gender compromises the integrity of a liberal arts education, because it makes the learning and working environment hostile, intimidating and offensive; it destroys opportunities for students to develop strong, positive self-concepts and the sense of self-confidence which is essential to living out the ideals of a liberal education. In addition, persons who harass others compromise their own integrity and credibility. Consequently, no form of sexual or gender harassment can be tolerated on our campus.
- It is the stated policy of Juniata College to promote and maintain a campus environment free of all forms of discrimination, intimidation, and exploitation, including sexual harassment. The use of one's institutional position or authority to seek or solicit unwanted sexual relations with a member of the Juniata College community is incompatible with the mutual trust and respect among members of the college community fundamental of the mission of Juniata College.
- Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individul's employment or academic work;
- Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual, or;
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work or performance, or creating an intimidating, hostile, or offensive working, or academic environment.
- Sexual harassment violates the ethical and professional standards of the Juniata College community, and is illegal under applicable state and federal law. Such conduct will not be tolerated or condoned by Juniata College; any person who engages in acts of sexual harassment will be subject to appropriate disciplinary action by the College, including suspension and/or permanent separation from the College.
188.8.131.52 Investigation and Appeals Procedures
- Any person who believes that he or she has been a victim of sexual harassment, or who believes that he or she has witnessed conduct that would constitute sexual harassment, should report the matter to the immediate attention of one of the following College officials: the Provost or the Director of Personnel Services. The report should be made as soon as possible after the incident of alleged harassment occurs; failure to report the matter promptly to one of the College officials named above may hamper effective administrative action, and preclude recourse to subsequent legal proceedings.
- Upon receiving a report of alleged sexual harassment, the College official will make every effort to investigate the report fully and fairly. If after an initial informal meeting with the College official, the alleged victim of sexual harassment (the complainant) decides to proceed with a complaint, the complainant should provide the official with a written statement that presents all pertinent information concerning the specific act, behavior, or conduct alleged to constitute sexual harassment. Upon receipt of such a written complaint, the official will notify the alleged offender (the respondent) in writing of the allegation.
- Upon notification of the respondent, the College official will initiate such action as he or she may consider appropriate and necessary to effect a resolution of the complaint acceptable to the complainant and respondent, and consistent with Juniata College policy. If such a resolution is achieved through these efforts, the case will be closed. A written statement prepared by the official listing his or her finding, the terms and conditions of the resolution, and a waiver of the right to a formal hearing, will be signed and dated by the complainant and respondent, and acknowledged by the official, who will retain the original for his or her files, and provide a copy to the complainant and respondent.
- Should such a mutually acceptable resolution not be possible, the College official will proceed in a timely manner so to notify the complainant and respondent in writing, advising both of the availability of a formal administrative hearing on the matter, and enclosing a copy of the College's Administrative Hearing Policy. In the event that the complainant chooses for whatever reason not to request a formal hearing, and the College official concludes as a result of a full and fair investigation that an act of sexual harassment occurred, the official will take appropriate action to initiate a formal administrative hearing on the matter.
- Cases of alleged sexual harassment involve particularly sensitive issues and require special attention to ensure confidentiality and fairness. Dissemination of information concerning allegations of sexual harassment will be strictly limited on a need to know basis by College officials; every effort will be made to safeguard the privacy and reputation of all individuals involved, and to protect those involved from unprofessional, inappropriate, or retaliatory action resulting from an initial report or complaint, and any subsequent investigation or proceedings.
2.9.9 Civil Rights Complaints or Harassment
Juniata College is committed to maintaining a human atmosphere in which the race, color, creed, religion, sexual orientation, marital status, national or ethnic origin, physical or mental handicap or veteran status of an individual or group are respected and not disparanged. Therefore, should any member of our community feel that such an atmosphere is not being maintained, he or she may follow the Administrative Hearing procedure outlined in Section 2.15 of this Faculty Handbook.
2.9.10 Policy on Alcohol and Controlled Substance Abuse
Juniata College has a strong commitment to provide a drug and alcohol free workplace. As a condition of employment all employees are required to become familiar with and adhere to the following rules and regulations:
- All employees are forbidden to use or possess illegal drugs at any time during the working day. Workers also are forbidden to engage in any sale or other transaction involving such substances on the employer's premises. Violators will be subject to immediate discipline.
- Disciplinary action will be taken if any employee is under the influence of alcohol or illegal drugs on the job.
- Employees who may appear to be in an impaired condition on the job may be required to submit to a test to determine whether they are under the influence of alcohol or illegal drugs. The types of tests that may be used include breathalyzer tests, and urinalysis.
- Any sale of illegal drugs during the work day or on the employer's premises will be treated as gross misconduct punishable by immediate discharge for the first offense.
2.9.11 Violations of Faculty Rights, Academic Freedom, and Professional Ethics
Disputes involving a charge that a faculty member's rights or academic freedom has been abrogated or that professional ethics have not been maintained are to be settled through the established Administrative Hearing procedures (see Section 2.15). While affirming academic freedom as a right, Juniata College recognizes that, in some circumstances, the questions of academic freedom become enmeshed in questions of professional incompetence or irresponsibility. In the effort to distinguish between these sometimes confused issues, the guiding principle is that charges of professional incompetence or irresponsibility shall not be used to limit academic freedom, nor shall appeals to academic freedom be acceptable as a shield for professional incompetence or irresponsibility.
2.9.12 Policies Applicable to Research
184.108.40.206 Human Subjects
Juniata College follows federal guidelines in its policies relation to the use of human subjects. The Human Research Ethics Committee, appointed by the Chief Executive Office of the College, oversees all research practices which involve human subjects to insure conformance to federal standards and ethical guidelines.
220.127.116.11 Laboratory Animal Care
Federal law requires that research facilities that use live animals have an Institutional Animal Care and Use Committee that is appointed by the Chief Executive Office of the institution. All procedures for the care and use of live laboratory animals must be approved by the Animal Care and Use Committee to insure conformance to federal standards and regulations for the use and care of laboratory animal.