1. "Adequate cause" shall include, but not be limited to, moral turpitude, incompetence, neglect of duty, unethical conduct, breach of contract, demonstrably bona fide financial exigency of the institution as a whole, discontinuance of a program or department of instruction, or clear and convincing medical evidence that the faculty member cannot continue to fulfill the terms and conditions of the appointment.
2. "Due process" for faculty members on tenure or whose term appointment has not expired shall include (a) receiving specific written charges from the President, (b) at least a week in which to request a hearing before the Faculty Committee on Due Process, (c) a reasonable period of time (at least 20 [twenty] days) in which to prepare a defense, (d) the right of counsel, (e) the right to present and confront witnesses, and (f) the right to appeal an unfavorable decision to the Board of Trustees.
3. Prior to presenting specific written charges in compliance with guideline 2(a) above, the President shall consult with the Faculty Committee on Due Process to ensure that proper procedures are understood and will be followed. The faculty member who wishes to appeal must meet with the Faculty Committee on Due Process prior to beginning an appeal for an explanation of and guidance through the appeal procedure.
4. A full-time faculty member on probationary appointment may be denied reappoint- ment at the end of a probationary year without reason being given (See File 157.4, "Probationary Appointment"). In such an event, the faculty member who wishes to allege that the refusal to reappoint was based upon considerations that are not bona fide has the same rights of due process included in guideline 2 above except (a) receiving specific written charges from the President. The burden of proof rests upon such a faculty member to show that the refusal to reappointment was based upon considerations that are not bona fide.
5. Except as noted in guideline 4 above, the burden of proof that adequate cause exists rests with Furman University and will be satisfied only by clear and convincing evidence in the record considered as a whole.