Emergencies and Due Process: Developing an Involuntary Emergency Leave Policy at the University of Delaware

Abstract:

Following two instances of faculty members being placed on involuntary leave with pay by the University administration, it became clear to the AAUP leadership, the University Senate leadership, and the administration that the absence of a policy on emergency situations requiring faculty members to be banned from teaching and from being present on campus was a serious gap in defining both the powers of the administration and the due process rights of faculty members.  Beginning in the spring of 2011, a committee was established that included key administrators, the University of Delaware General Counsel, AAUP officers, and the president of the University Faculty Senate to draft a policy for action by the senate.  Following numerous drafts, meetings, and an open meeting of the senate, the senate approved a policy in spring 2012.  The substance of the policy, its due process provisions, and the responsibilities it stipulates for administrators, the University Faculty Senate, and the AAUP chapter as bargaining agent, are instructive both for shared governance and for the robust policy that was approved.

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