Dismissal of Faculty from Employment Due to Financial Exigency, as Declared by the Board of Visitors, or Discontinuance of a Program of Study or a Department of Instruction
Approved: March 11, 1991; Revised June 16, 2023
Scheduled Review Date: June 2028
This policy provides for the dismissal of tenured and non-tenured faculty members. Only the Board of Visitors has the authority to dismiss faculty from employment due to financial exigency or the discontinuance of a program of study or department of instruction. Dismissal of faculty shall be conducted according to the procedures provided in this policy.
- Upon the completion of the 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 in consultation with the relevant dean and chair shall determine which faculty members, if any, in the affected programs or departments will be considered for dismissal.
- The faculty considered for dismissal will be notified that they are under review for possible dismissal.
- The provost and vice president for academic affairs shall give due consideration to all of the following.
- Reduction of nonfaculty staff and administrators
- Faculty reassignment in the following order: tenured faculty, tenure-track faculty, research faculty, master lecturers, senior lecturers, lecturers, clinical faculty
- Priority for reassignment will be given to faculty with training/expertise in another program.
- In considering 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.
- The provost and vice president for academic affairs will use the following order for dismissal: Nontenured faculty – lecturers, clinical, nontenured faculty with joint appointments, research faculty, nontenured tenure-track faculty, tenured faculty.
- The provost and vice president for academic affairs in consultation with the relevant college dean and department chair will evaluate faculty considered for dismissal on the quality and productivity for teaching, scholarship/research, and professional service in accord with the previously established departmental written standards. The evaluation will include productivity for three or more years.
- 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.
- 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.
- The notice of dismissal provided to a faculty member shall be in writing and shall include (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 through which a faculty member may appeal the decision.
- The effective date for dismissal of a nontenured faculty member shall be on the expiration date of their 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 and 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 their 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.
- A notice of dismissal to a faculty member may be appealed 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 and any supporting documents to the chair of the Faculty Grievance Committee with a request that the chair initiate the applicable procedures of the committee.
- The Faculty Grievance Committee must review the appeal and documents and decide if a hearing is warranted within five calendar days. If a hearing is merited, the panel must be formed and briefed within 10 calendar days of receipt of the appeal request to the chair of the grievance committee.
- The Hearing Panel must convene and hold the hearing within seven calendar days after being briefed and provide a decision that is communicated to the chair of the grievance committee within three days.
- The chair of the grievance committee will notify the provost and the faculty member of the Hearing Panel’s decision within two days of receiving the decision.
- 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 by the president and/ or Board of Visitors, 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.
- 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 member 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.
- 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 E.4., such failure to act shall be deemed a decision not to dismiss the faculty member.
- 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 at least 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 time and shall be based on past performance of the faculty member.
- Priorities for faculty reinstatement are tenured, non-tenured tenure track, research faculty, faculty with joint appointments, non-tenured faculty – lecturers, clinical.