2.10 Policies and Procedures Relating to Severance

2.10.1 Resignation or Retirement

Generally accepted standards of professional ethics require faculty members who plan to resign or retire to give notice in writing to their local unit administrator no later than May 15. Only in personal emergencies or for other compelling reasons should faculty members leave the institution during the academic year, except when this coincides with the expiration of their contractual obligations.

2.10.2 Terminations

2.10.2.1 Medical Reasons

Medically-based termination of a tenured or other appointment before the expiration of its term must derive from clear and convincing medical evidence. The administration's decision to terminate will be preceded by appropriate fact-finding and consultation. The faculty member, or his/her representative, must be informed of the basis of the proposed termination and be given an opportunity to respond. If the faculty member or the representative contests the proposed termination, the case will be referred to the grievance committee of the faculty member's school, college or institute. This committee, which is specifically enjoined not to substitute its judgment for professional medical opinion, will conduct a closed hearing for the purpose of ensuring that no procedural inequities or abuses of administrative authority have occurred. The committee will report its findings to the President, who will make final disposition of the case. These provisions do not affect the University's possible exclusion of faculty from the classroom (see Section 2.10.3).

2.10.2.2 Contingency Planning in the Face of Financial Exigency

Financial exigency is understood to mean an urgent need to reorder the nature and magnitude of the institution's financial obligations in such a way as to restore or preserve the institution's financial ability. A state of financial exigency must be shown to be demonstrably bona fide by a preponderance of the evidence. This can be demonstrated by various means; for example, by showing declining enrollments coupled with operating deficits of a magnitude or duration as to leave little doubt about the financial weakness of the institution. The crisis should be of sufficient gravity that it cannot be met by less drastic means than salary reductions or faculty dismissals. The burden of proof that a state of financial exigency exists rests with the Board of Visitors.

The University strives to maintain a reasonable balance between positions devoted to its primary missions (instruction, research, and public service) and those devoted to its support programs (e.g., the library, student services, general administration). If threatened by the possibility of financial exigency, the institution will undertake retrenchment in such a way that this balance is preserved, and the faculty will participate with others in the decision-making process. This initial process of retrenchment will not include the dismissal or reduction of salaries of faculty on probationary or continuing (i.e., tenured) appointments.

Should these retrenchment efforts be insufficient to meet the crisis and should it become necessary for the Board of Visitors to declare a state of financial exigency, the Faculty Senate will participate in the determinations that lead to the Board's declaration. Following a declaration of financial exigency by the Board, the University may reduce its expenditures on the salaries of faculty and administrators by load reduction and/or salary adjustment. These measures should be pursued, extensively if necessary, in preference to dismissals of tenured faculty, and should be carried out in such a way that (i) they are shared by faculty members and administrators approximately in proportion to their numbers, and (ii) they take an increasing proportion of each additional dollar earned.

Dismissals of tenured faculty, if necessary, should be kept to a minimum. Should reductions in the size of the faculty become necessary, the affected units will normally make reductions on the following priority basis:

1. Dismissal of faculty on fixed-term, non-probationary appointments;
2. Dismissal of probationary faculty;
3. Dismissal of tenured faculty.

Unless considerations of an academic nature or affirmative action are deemed to be overriding, tenure, rank, and order of seniority in rank will be respected, in that order, in the dismissal of faculty on tenured and probationary appointments.

Any faculty member to be dismissed due to financial exigency may request a hearing before an ad hoc faculty committee elected by the Senate. If such a hearing is sought, the burden of proof rests with the dismissed faculty member. The findings of the committee will be presented to the Board of Visitors for final action after review by the President.

In all cases of dismissal because of financial exigency, the position of the dismissed faculty member will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reinstatement. Faculty members are responsible for keeping a current address on file with the University. Any offer of reinstatement will be sent by registered mail, and the faculty member must respond to it within one month of its receipt. Should termination of full-time untenured faculty members become necessary during the term of their appointment, the University will give them as much notice as possible and no less than thirty days. Tenured faculty members will be guaranteed employment for one additional academic year.

2.10.2.3 Discontinuation of Degree Programs

Discontinuation of degree programs requires action by the Board of Visitors and the State Council of Higher Education. The recommendation to discontinue a degree program will be based solely upon educational considerations as determined jointly by the faculty and the administration. Such educational considerations must reflect long-range judgments that the educational mission of the institution as a whole will be enhanced by the discontinuation. Affected faculty holding multi-year term appointments will be given at least one academic year's notice of the decision to discontinue a program. Tenured faculty will be given opportunities to join the faculties of other programs, and, if appropriate, will be assisted by the institution through retraining and professional development opportunities. Procedures and safeguards will generally parallel those provided for dismissal in face of financial exigency (see Section 2.10.2.2).

2.10.2.4 Dismissal of Tenured and Probationary Faculty Members for Cause

Dismissal for cause is the involuntary termination of the employment of faculty members for reasons directly and substantially related to their fitness in their professional capacities. Dismissals will not be used to restrain faculty members in their exercise of academic freedom or of their Constitutional rights.

Tenured faculty have important professional responsibilities. Tenure does not protect an individual from removal for cause. Legal precedent has shown that adequate cause can include, but is not restricted to: (i) flagrant violations of professional ethics; (ii) sustained unsatisfactory performance (including incompetence and lack of appropriate expertise); (iii) inability to perform assigned duties satisfactorily because of incarceration resulting from a felony conviction; (iv) exploitation of the power a faculty member may have over other members of the academic community (e.g., improper sexual advances, financial reward or punishment); (v) documented failure to carry out professional obligations or assigned responsibilities; (vi) falsification of information relating to professional qualifications; (vii) serious personal deficiencies if they prevent satisfactory performance of responsibilities (e.g., dependencies on drugs or alcohol); (viii) violation of institutional rules regarding outside employment; (ix) flagrantly abusive conduct toward colleagues; (x) and impermissible retaliation for exercise of free speech and/or association.

The following procedures are designed to assure due process in dismissal proceedings occasioned by the alleged unfitness of a faculty member:

1. If the fitness of a faculty member comes into question, the President or the Provost will discuss the matter with the faculty member personally.

2. If the matter is not resolved in this conference, it will be referred by the President to an ad hoc committee of five full-time faculty members, tenured and of equivalent or higher rank than the accused, elected by and from the faculty of the local academic unit(s) in which the accused holds primary affiliation. This committee is charged to conduct an informal inquiry into the matter and to attempt a reconciliation. If no satisfactory solution is reached, the committee is to decide whether or not the situation requires that formal proceedings for dismissal be instituted. This decision is confidential advice to the President of the University. The committee must complete its work and report to the President within twenty-eight days of receipt of the President's letter referring the matter to the committee.

3. The President must decide if formal dismissal proceedings are to begin. If so, the statement of particulars will be drawn up by the President within fourteen days from receipt of the committee's report. If the committee concurs in this decision it should join in the formulation of the statement.

4. The President will initiate the dismissal proceedings with a written communication to the faculty member including:
   1. The charge that has been formulated.
   2. A statement that, should the faculty member so request, a hearing on the matter by a faculty committee at a specified place and time will commence as expeditiously as possible, but no sooner than fourteen days hence, or later than twenty-eight days after receipt of the request.
   3. The procedural rights, in detail, of the accused faculty member (as outlined below).
   4. Notice of the right to fourteen calendar days to request a hearing. In the absence of such a request, the President will make a recommendation to the Board of Visitors without benefit of a committee hearing or report.
   5. Notice that if the faculty member waives the right to a hearing, but denies that adequacy of cause for dismissal exists, the faculty committee which conducted the informal inquiry will make a recommendation to the Board of Visitors on adequacy of cause on the basis of available evidence.

5. Unless the accused faculty member acknowledges in writing the validity of the charges and agrees that they constitute an adequate cause for dismissal or fails to request a hearing, an ad hoc committee will be established. If a hearing committee is to be established, the President will ask the Faculty Senate, through its chair, to nominate nine full-time faculty members to serve on the Hearing Committee. These faculty members should be nominated on the basis of their objectivity and competence and of the regard in which they are held in the academic community; they will be determined to have no bias or untoward interest in the case and to be available at the anticipated time of hearing. The faculty member and the President will each have a maximum of two challenges from among the nominees without stated cause. The President will then name a five-member Hearing Committee from the remaining names on the nominated slate. The Hearing Committee will elect its own chair. Administrators, members of the committee referred to in Section 2.10.2.4 (2) above, department chairs, and other faculty of the same local academic unit as the accused are ineligible to serve on this committee. All materials and evidence the parties wish to have considered must be made available to both sides and to the committee.

6. The Hearing Committee will observe the following procedures:
   1. The accused faculty member may choose academic and/or legal representatives to be present at the hearing. The administrative representative will enjoy the same rights.
   2. At the request of either party or on the initiative of the Hearing Committee, representatives of one or more recognized educational associations may be present as observers.
   3. The Hearing Committee will decide whether or not the hearing will be open to the public. In making this decision they will consult with the President and with the accused faculty member.
   4. A verbatim record of the complete hearing will be made. If the faculty member so requests, a typewritten copy will be provided without cost.
   5. The hearing will be adjourned when necessary to enable either party to investigate unexpected evidence.
   6. The administration will make every reasonable effort to assure the availability of documents and witnesses under its control.
   7. Both parties have the right to confront and cross-examine all witnesses.
   8. Faculty members or administrators from any institution of higher education accredited by a regional accrediting association may act as witnesses.
   9. The accused faculty member, the administration, and the Hearing Committee are to avoid publicity about the case until the proceedings have been completed by the Board of Visitors. Only necessary announcements such as hearing time and place are permitted.
   10. The Hearing Committee must use every source of reliable evidence but is not bound by the strict rules of legal evidence.

7. The decision of the Hearing Committee must be based only on the complete record of the hearing considered as a whole. The burden of proof that adequate grounds exist for dismissal must rest with the Administration. The Hearing Committee reports to the President, normally with one of the following recommendations:
   1. cause has not been established and the faculty member should be exonerated.
   2. cause has been established and the faculty member should be dismissed.
   3. cause has been established, but a lesser academic penalty than dismissal is appropriate.

8. Should the President reject the recommendation of the Hearing Committee, the President will state the reasons in writing to the Hearing Committee and to the accused. Each must be afforded an opportunity to respond before the President forwards a recommendation to the Board of Visitors.

9. The President may find in favor of the accused and terminate the proceedings. If the President recommends dismissal or any other penalty, the President's recommendation to the Board of Visitors must include a record of the case. Lesser penalties, agreed upon by the President and the accused, are handled administratively with no further recourse available to either party.

10. The Board of Visitors will evaluate the President's recommendation, using the record of the hearing. It may at its discretion also afford an opportunity for both parties to present their arguments orally or in writing, or both. If the Board of Visitors does not sustain the Hearing Committee's decision, the proceedings of the hearing are to be returned to the Committee with specific objections. The Hearing Committee must reconsider the matter, the objections, and any new evidence that may be available. A final recommendation is then to be made by the Hearing Committee to the Board of Visitors. The Board of Visitors will then render the final decision.

11. Normally the faculty member will remain at his or her usual duties until the final decision is reached by the Board of Visitors. The faculty member may be suspended only if the President determines that continued work threatens immediate harm to self or others. Any such suspension is to be with pay. When dismissal charges are brought against a faculty member who fails to perform specified duties during the course of dismissal proceedings, the President can withhold a portion of the faculty member's salary prorated to the duties not performed.

2.10.3 Exclusion of Faculty from the Classroom

If at any time a faculty member's continued responsibility for a course or courses is judged by the President or a designated representative to constitute a serious threat of substantial damage to the faculty member or to his or her students, the faculty member will be excluded from the classroom and replaced by a qualified substitute. The mere initiation of dismissal proceedings or of notice of non- reappointment will never constitute by themselves sufficient grounds for such exclusion.

To guard against abuse of this authority, a committee of five faculty members will be elected from and by those of the same academic unit as the suspended person within three days after any such exclusion, and this committee will conduct a brief but careful examination of the particulars and report within three days to the President. Should the committee's findings not support the exclusion, this committee will also report its findings to the Faculty Senate at its next regular meeting, and to the suspended person's collegiate faculty.