Note: This statement of DCCFA Legal Assistance Philosophy and Statement of Purposes was updated April 4, 2017. More information on DCCFA Legal Assistance can be found on the Legal Assistance page on the DCCFA web site.
The DCCFA is
committed to the principles of academic freedom and the right of due process in
the settlement of any dispute. If any
member of the DCCFA feels that he or she has been dealt with in an unlawful or
unfair manner, the member will be provided access to the best information
available concerning available avenues for assistance. It continues
to be the expressed intent of the DCCFA to provide counsel and assistance to
the membership to help work toward a reconciliation of any dispute and to do so
(if possible) in a non-adversarial manner.
Although most
disputes can and should be settled with simple collaboration and thoughtful
conversation, it is sometimes necessary to seek other remedies. In matters that involve contractual disputes
or academic freedom, full time faculty may request—through the Faculty
Council—legal counsel and possible representation for unresolved issues. Payment for these services will come from the
DCCFA legal defense fund as specified by our Constitution.
When legal
assistance is requested it begins with the Faculty Council’s review of the
dispute to determine appropriate actions. If it is approved for further consideration, outside legal counsel will
be asked to review the details and will probably want to schedule a visit with
the faculty member. The attorney will
recommend to the Council a course of action.
During the forty-year
history of the DCCFA there have been numerous disputes and grievances-- which
is not surprising for system as large as the DCCCD. Given the finite resources
of the organization it is important that all pertinent information be
considered in a given case. It is also
important that each member requesting assistance understands both the
Association’s philosophy on legal assistance and the manner in which individual
cases are evaluated and processed. Most grievance cases can—and should—be
resolved without resorting to formal legal action. The Faculty Council has long
assisted in these efforts by serving as a detached, “third party” to resolve disputes
and to assist all concerned in establishing the facts, clarifying legal
principles, generally accepted practices, and offering informal advice
regarding possible resolution of issues in conflict. The faculty member should
realize, however, that many grievance cases involve issues, which may be seen
as unfair or unreasonable, but are not unlawful. The Faculty Council will rely on legal
counsel for recommendations for further action on these issues.
The DCCFA has
earned a reputation for fairness, discretion, and effectiveness in assisting
its members in grievance matters. Consistent with the philosophy and procedures
outlined above, the Association stands ready to provide its members with
informed counsel and advice about their specific circumstances while
maintaining needed discretion and helping to safeguard the integrity of the
academic process.
The necessary
forms needed to request legal assistance are found on the DCCFA site which willalso detail the procedures which will be followed.
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