II. D. TERMINATION
(Source: Rules of Procedure and Faculty Constitution)
Rules of Procedure, I:
Proceedings for termination because of financial exigency shall be carried out as follows:
- The existence and extent of a bona fide financial exigency shall first be discussed with the Faculty and all means of meeting the exigency shall be analyzed.
- Only after consultation with the Committee on Academic Policy and Planning, the President or the Board of Trustees may carry out the termination.
- The person terminated may, after receiving notice of termination, request a written statement from the President giving the reasons for his or her being selected for termination and may appeal the decision to the Appeals and Review Committee. In event of appeal, the person terminated may make such written or oral presentation as he or she desires and may present witnesses and other evidence in his or her behalf. He or she may be accompanied by an academic advisor or legal counsel of his or her own choosing or both.
- The Board of Trustees shall fix the financial arrangements with respect to termination. In the case of tenured Faculty, the individual shall receive 12 months' salary from the date of termination at his or her prevailing rate; however, the College and the individual shall use reasonable efforts to obtain another position for the individual and, if another position is obtained, the termination pay shall cease when pay from the new position begins.
Rules of Procedure, B:
Section B-2. Notice that a tenure track appointment for a fixed term will not be renewed or extended shall be given to the Faculty member in writing as soon as such decision is made and, unless delay is caused by a bona fide emergency situation, shall also be in accordance with the following schedule:
- If the individual has been a member of the Faculty for less than two years, as early as possible before the beginning of the Christmas recess of the last year of his or her appointment.
- If the individual has been a member of the Faculty for two or more years, at least 12 months prior to the date of termination of his or her appointment.
Faculty Constitution, Article VI:
Section I. Termination of the appointment of any academic Faculty member on academic tenure, or of any other academic Faculty member prior to the end of the term for which he or she was appointed, shall be only on the basis of:
- Academic cause, which means service falling significantly below the standard which the College may reasonably expect of a person holding the academic rank attained, as such standard is defined according to the criteria set forth in Article III-2.
- Physical or mental disability of such a nature as to produce academic cause as defined in paragraph A.
- Personal conduct in flagrant conflict with the purposes of teaching and scholarship.
- Bona fide financial exigency of the College.
Section II. The President and the Board of Trustees recognize the necessity for judgment by an academic Faculty member's colleagues prior to a decision on termination of appointment. Proceedings to terminate an appointment shall be governed by the Faculty Rules of Procedure.