Dismissal of Faculty from Employment Due to Financial Exigency or Discontinuance
of a Program of Study or a Department of Instruction
This policy provides for the dismissal of tenured and non-tenured faculty
members from employment due to financial exigency, or the discontinuance
of a program of study or department of instruction (hereinafter referred
to collectively as "Extraordinary Events").
Only the Board of Visitors has the authority to dismiss faculty from employment
due to Extraordinary Events. Dismissal of faculty shall be conducted according
to the procedures provided in this policy.
- Procedures for the Dismissal of Faculty
Upon the completion of the approved university procedures for
a determination of financial exigency, or discontinuance of a program
of study or department of instruction, the provost and vice president
for academic affairs shall determine which faculty members, if any,
in the affected programs or departments will receive notices of dismissal.
Before deciding to issue notices of dismissal to tenured and nontenured
teaching faculty, the provost and vice president for academic affairs
shall give due consideration to the reduction of nonfaculty staff
and administrators and to faculty reassignment, consistent with the
retention of the integrity of the remaining academic programs.
In determining which faculty members will receive notices of dismissal,
the provost and vice president for academic affairs shall first dismiss
nontenured faculty in the affected program of study. Within the categories
of tenured or nontenured, a criterion based on the quality of an
individual's teaching, research and service may be applied
to select those to be dismissed. This policy shall not be used to
discriminate against women or minorities.
In determining which tenured faculty members will receive notices
of dismissal, the provost and vice president for academic affairs
shall give due consideration to any recommendation made by the tenured
faculty members of the department involved.
In the event faculty are dismissed pursuant to this policy, a
position may not be offered within a program of study or department
of instruction to a new candidate within the specialty of the faculty
member dismissed for three years following the effective date of
the dismissal without first offering to reinstate the dismissed faculty
member. The offer to reinstate shall remain open for a reasonable
- Notice of Dismissal
The notice of dismissal provided to a faculty member shall be
in writing and shall advise of (1) the terms and effective date of
dismissal, (2) the substantive reason(s) for the decision, (3) the
procedures followed in arriving at the decision, and (4) the procedures
described herein through which a faculty member may seek review of
The effective date for dismissal of a nontenured faculty member
shall be on the expiration date of his or her academic year contract.
Notice of dismissal shall be provided not later than December 15
of the same academic year.
The effective date for the dismissal of a tenured faculty member
shall be on the expiration date of his or her academic year contract.
Notice of dismissal shall be provided to the faculty member as soon
as possible following the decision of the provost and vice president
for academic affairs to dismiss. In no case shall the notice be less
than a full academic year.
For purposes of this policy, the academic year shall commence
on the first day of classes of the fall semester and end on the date
of spring commencement at the end of the second semester.
A decision to issue a notice of dismissal to a faculty member
may be reviewed as described in this section upon the grounds that
the decision was arbitrary, capricious, or upon the grounds that,
in making the decision, the provost and vice president for academic
affairs deviated materially from the policies and procedures of the
university. The burden of proof shall be on the faculty member.
If a dismissed faculty member requests a review of the decision,
the faculty member shall provide a written request to the provost
and vice president for academic affairs within fifteen (15) calendar
days of the faculty member's receipt of the notice of dismissal.
The written request shall describe, with reasonable specificity,
the grounds for review.
Within seven (7) calendar days after receiving the faculty member's
request for review, the provost and vice president for academic affairs
shall forward a copy of the request and a copy of the notice of dismissal
to the chair of the Faculty Grievance Committee with a request that
the chair initiate the applicable procedures of the committee.
Upon the conclusion of the procedures of the Faculty Grievance
Committee and upon the provost and vice president for academic affairs' receipt
of the committee's recommendation and report, the provost and
vice president for academic affairs shall submit the materials to
the president with a recommendation to accept, reject or modify the
committee's decision. The president may decide to accept, reject
or modify the recommendation of the provost and vice president for
academic affairs as the president sees fit. If the president decides
to reject or modify the recommendation of the committee, the president
must provide reasons in writing, within fifteen (15) days of receipt
of the materials from the provost and vice president for academic
affairs, for that decision, both to the faculty member and the Grievance
Committee. Failure to do so within the time provided (unless for
good cause) shall be deemed as assent to the committee's decision.
If, after receiving the committee's recommendation, the
provost and vice president for academic affairs decides to withdraw
the notice of dismissal issued to the faculty member, the notice
shall be rescinded in writing and the proceedings closed.
If, after receiving the provost and vice president for academic
affairs' recommendation and the materials, the president affirms
the notice of dismissal or if the faculty member does not make a
timely request for review, the president shall forward to the Board
of Visitors a recommendation that the faculty member be dismissed
from university employment in accordance with the terms of the notice.
- Consideration and Decision by the Board of Visitors
During its consideration of a recommendation to dismiss a faculty
member, the Board, or an appropriate committee of the Board designated
by the Board (hereinafter "the Board"), shall review
the record of the case including the recommendations of the provost
and vice president for academic affairs, the president and the report
of the Faculty Grievance Committee. The Board shall provide the faculty
and the president (or the president's designated representative)
with an opportunity to make a written statement and, if either party
should so choose, an oral statement. These statements shall be based
upon the record of the case. The Board, in its discretion, may request
additional evidence from either party, which shall be disclosed to
the other party.
Faculty members from the same program of study, department of
instruction, or college may make a collective statement before the
Board if they should so choose and if desired by the Board.
After its consideration of a recommendation to dismiss a faculty
member, the Board may decide to accept the recommendation to dismiss
the faculty member, alter the terms of the recommendation, or decide
not to dismiss the faculty member.
The Board shall provide written notification of its decision to
the faculty member and to the president within sixty (60) calendar
days of its receipt of the president's recommendation.
If the Board's decision is not rendered within sixty (60)
days as provided in paragraph C.4.d., such failure to act shall be
deemed a decision not to dismiss the faculty member.
| ||- Approved by the Board of Visitors|
March 11, 1991