Tuesday, January 23, 2018

DCCFA Legal Assistance Philosophy and Statement of Purpose



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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