Termination for Other Cause or Change in Status

     No. 9-16      Rev. 12-14-89   Date 3-7-74



PPM 9-20, Security at Weber State University Hearings


A faculty member may be terminated for cause other than violation of this code in the following situations:

A. For medical incapacity which precludes the faculty member from competently performing the duties and responsibilities of a teacher or faculty member.

1. Proceedings to terminate a faculty member for medical reasons shall follow the procedures outlined in PPM 9-11, Informal Procedures and the Informal Conciliatory Meeting, and PPM 9-12, Formal Hearing. In such cases, however, the respondent shall be informed of the right to be examined, at institutional expense by two physicians. One physician shall be chosen by the respondent and the other physician by the University.

2. Should both examining physicians concur as to the absence of such medical incapacity, no further action shall be taken.

3. If the respondent refuses to submit to medical examination, or if the complaint of medical incapacity cannot be solved by administrative disposition during the informal conciliatory meeting, a written formal charge shall be prepared and submitted to the chair of the Faculty Board of Review and the formal hearing procedure will be initiated.

4. If formal hearings are instituted, the procedures set forth in PPM 9-12, Formal Hearing, of this Manual shall be followed. However, the decision and recommendation of the Faculty Board of Review shall not be limited to the sanctions listed in PPM 9-14, Disciplinary Actions. The Board may recommend extended suspension without pay or involuntary early retirement. The Board may also recommend, in those cases where the duration of medical incapacity is expected to be relatively short, that the respondent be only temporarily replaced, or given priority of rehire in the event a position for which the respondent is qualified becomes available.

B. For financial exigency or bona fide discontinuance of a program or department of instruction. A program is defined as having any one of the following characteristics: (1) it contains the word "program" in its title, (2) it leads to a degree or other credential, (3) it is associated with an identifiable course sequence or (4) it has been identified as a program by formal faculty action.

1. In the event of a reduction in force for bona fide financial exigency, faculty members should be given special consideration in filling any existing vacancies for which they are professionally qualified.

2. When a faculty member with tenure is terminated or given a renewal contract with a substantially reduced status because of financial exigencies or bona fide discontinuance of a program, a department of instruction or other equivalent tenure-granting academic subdivision, notice of such termination or reduction in status shall be given at least 12 months in advance of the termination or reduction, but terminations or reductions in status during the regular academic year are to be avoided if possible. 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.

3. In the event of program reductions, discontinuances or financial exigencies, the institution assumes the responsibility to explore reasonable ways and means to continue meaningful service at the institution for tenured faculty members in areas in which they are or can reasonably become qualified. If a tenured faculty member is released or reduced in status for reasons of financial exigency or bona fide discontinuance of a program, service unit or department of instruction, that faculty member will be given priority status for rehire, for a period of five years, if and when the program cut is restored. The rehire will be with tenure and with no less rank than that at the time of release.

4. An informational report of any termination or renewal with substantially reduced status pursuant to this procedure shall be furnished by the president to the Executive Committee of the Faculty Senate.