Advance Notice of Termination or Reduction in Status

No.  8-26  Rev. 2-3-15     Date  5/13/81 (formerly 8-16)

 

POLICY

Except for the exceptions noted below and for termination or reduction in status for cause as defined in Board of Regents R481 section 3.6, any regular full-time, non-tenured faculty member whose annual appointment the University wishes not to continue, or wishes to continue with substantially reduced status, shall be given advance notice in writing of such intent by the provost as follows: (1) When given during the first academic year or during a one-year appointment, such notice shall be given not later than March 1 of the first academic year of service, if the appointment expires at the end of the year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination. (2) When given during the second academic year or during a two-year appointment, such notice shall be given not later than December 15 of the second academic year of service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination. (3) When given after two or more years, such notice shall be given at least twelve months in advance of the termination or reduction in status, but terminations or reductions in status during the regular academic year are to be avoided if possible.

A Dean may give written notice to a tenure track faculty member during a scheduled tenure review evaluation specifying that if the faculty member does not meet certain conditions within a specified period of time, the faculty member will be terminated on a specified date, consistent with the dates in the notification period stated in the preceding paragraph.  If such notice is given, the faculty member must choose one of the following options:

1) Accept the conditions given in the notice.  If the conditions are met as required, the faculty member will no longer be subject to that notice.

2) Reject conditions outlined in the notice, in which case, the faculty member will not be reviewed for tenure in the next academic year and will be terminated on the specified date.

3) Appeal the basis for the conditions through the process oulined in PPMs 9-11 through 9-12.

The decision of the faculty member must be in writing and given to the Dean within 10 business days of the notification of the conditional notice.  If the faculty member does not give the decision within 10 business days, option 1) will be the default.  Notwithstanding any language herein, faculty members may be terminated for cause or other reasons, as outlined in the Policies and Procedures manual.

In absence of written agreement to the contrary, the right of advance notice shall not apply to (1) a faculty member whose contract states specifically that it is a one-year appointment only or some other definite term, (2) individuals serving in adjunct, clinical, visiting or temporary positions, or (3) part-time faculty members. An administrator holding faculty rank is entitled to the same advance notice of termination as any faculty member, but such advance notice is not required to change administrative status. Contracts shall be renewed at a salary rate not less than their current contracts or severance pay equal to their current contract salary shall be given in lieu thereof.