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XII. Termination of Tenured Faculty

  1. Dismissal or termination of a tenured appointee for cause shall occur only as a result of:
    1. Demonstrated incompetence or dishonesty in teaching, or scholarship, or service.
    2. Substantial and manifest neglect of duties.
    3. Personal conduct, including unethical conduct, which substantially impairs the individual's fulfillment of his or her institutional responsibilities.
    In such cases, the burden of proof rests upon the University.
  2. Termination of a tenured appointment is also possible because of a bona fide financial exigency or because of cutbacks in or elimination of programs, provided that said cutbacks or elimination and the implications thereof for tenured faculty positions have been duly reviewed by the Faculty Senate.
    1. When a situation of financial exigency is determined by the Board of Trustees, a broadly based University committee shall be convened to review the current status of the University budget and programs, and to make recommendations to the Chancellor relative to terminations of faculty and/or alternatives thereto.
    2. In the case of program elimination the following procedures will apply:
      1. When the appropriate University reviews have been completed, and the Chancellor recommends that a program be terminated to the Board of Trustees and that recommendation is accepted, the Executive Committee of the Faculty Senate will appoint a committee whose purpose will be to advise the administration on alternative employment possibilities for faculty in the terminated program.
      2. The committee will consist of no fewer than three faculty. At least three schools or colleges shall be represented with a minimum of one member from the school or college whose program is being eliminated.
      3. The purpose of the committee will be to ensure that reasonable efforts are made by the appropriate administrative officers to identify alternative employment opportunities at the university for the faculty whose tenure resides in the affected program or department. Having assisted in the identification of existing alternatives, if any, the committee will make its recommendations to the Provost and Vice Chancellor.
      4. A necessary condition in order that a faculty member whose program has been terminated be hired by a department or other unit is that the faculty and executive officer of the receiving unit agree to the arrangement. Also, the establishment or reestablishment of positions shall continue to be governed by the academic needs of the University. The committee shall have the authority to recommend financial arrangements to make it more feasible for departments or units to hire such faculty members. However, authority to allocate University resources shall remain unchanged.
  3. Termination of service shall conform to the general principles of the American Association of University Professors. This provision shall not be construed to mean that the Board of Trustees or the University adopts or adheres to specific policies, statements, or recommended institutional regulations of American Association of University Professors (AAUP).
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