October 23, 2009

Dear President Vailas,

Regarding the Grievance brought forth by Dr. Habib Sadid, the Faculty Appeals Board has decided the following. By a vote of 4 to 1, the majority of the Board found that sufficient evidence has not been presented to justify the termination of a faculty member.

Furthermore, a significant factor influencing the decision was the majority's belief that due process was not followed. In view of the gravity of the recommended action, the majority found the absence of required documentation disturbing. In particular, irregularities in the preparation of Annual Evaluations and the absence of Periodic Performance Reviews, both of which are required by the State Board of Education, caught the majority's attention. After years of satisfactory evaluations, the short interval to termination without the opportunity for remediation was troubling to the majority, particularly in light of the fact that the recommendation to terminate was based on a claimed long-term pattern of behavior.

In addition, the Board unanimously recommends that the Faculty Senate revisit the termination and grievance process policies and address the following issues:

- The termination process should require more precision in the documentation process whenever an action of termination is contemplated.

- Timelines need to be adjusted in the grievance process to accommodate for challenges in the Board's composition.

- The grievance document should address the need and process for extensions.

- An allowance should be made so that vulnerable witnesses, those who would have great discomfort in testifying in front of either party, are able to testify by phone.

- In order to provide the grievant with due process, the grievance policy should be modified to state that all charges to be considered be included in the Dean's Notice of Contemplated Action.

Respectfully submitted,

Dr. Karl De Jesus

Dr. Marco Schoen

Chair, Faculty Appeals Board

Dr. Daniel Dale

Dr. Brian Williams