Section 4 - Faculty Personnel Policies and Procedures

XX. Termination Procedures

1. Termination of a tenured appointment, or of a non-tenured appointment before the end of the specified term, may be effected by the institution only for adequate cause.   Adequate cause for termination of service of a faculty member shall be (1) demonstrably bona fide financial exigency as declared by the Board of Regents, (2) discontinuance of a department of program of instruction for reasons other than financial exigency, or (3) demonstrable medical disability.
   
   1. Demonstrably bona fide financial exigency as declared by the Board of Regents:   If the Board of Regents declares a financial exigency, the following steps shall be taken before any adjustments in faculty are made:
      
      1. The President and the Dean of the College, following the Board's notice of financial exigency, shall present data relevant to the exigency at a meeting of the faculty. The faculty may request the Board to make available a report of the results of an outside consultant who has examined the claim of exigency.
         
      2. The President and the Dean of the College shall bring to the campus outside colleagues to assist the College in planning necessary changes in the program of the College.
         
      3. Adjustments required in each department shall be prepared by the President and the Dean of the College and reviewed by both the Curriculum and Educational Policies Committee and the Review and Planning Committee.
         
      4. Following these reviews, the President and the Dean of the College shall prepare a general plan to adjust the staff, indicating the number of needed changes in the different areas of the College. Final approval of this plan must be made by the Board of Regents.
         
   2. Discontinuance of a department or program of instruction for reasons other than financial exigency.
      
   3. Demonstrable medical disability: Termination for demonstrable medical disability of a tenured appointment, or of a non-tenured appointment before the end of the specified term, shall be based upon clear and convincing medical evidence.   The decision to terminate shall be reached only after there has been appropriate consultation and the faculty member or his or her representative has been informed of the basis of the proposed action and has been afforded an opportunity to present his or her position and to respond to the evidence.
      
2. All faculty staffing changes resulting from any of the above decisions must follow due process as outlined below.
   
   1. All faculty members whose appointments are terminated shall, upon request, receive a written explanation from the President justifying this action.
      
   2. Any faculty member not convinced that adequate cause has been demonstrated may file a written response with the Review and Planning Committee.   The committee shall review the institution's statement justifying adequate cause and the faculty member's rebuttal. If one-third of the committee feels a hearing is necessary in order to reach a decision, a hearing shall be scheduled to clarify statements received and to accept any additional evidence the President, a representative of the President, or the counsel of the College, and the faculty member, or designated counsel, wish to submit. The committee's decision (and, if possible, its written opinion) shall be presented to the Board of Regents.   The Board of Regents shall make the final decision.
      
   3. In every case of termination, except cases based on medical disability, the faculty member involved will be given notice according to the schedule for non-reappointment.   Where notice is not given according to this schedule, severance salary shall be paid to the completion of the current contract year; in addition, those in their first year of service shall receive three months extra salary, those in their second year shall receive six months extra salary and those in their third, or later, year shall receive twelve months extra salary.
      
   4. In every case of financial exigency or discontinuance of a program or department of instruction, the released faculty member's place shall not be filled by a replacement within a period of two years unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it.