Instructional Faculty Separation from Employment
Date of Current Revision: May 2002
Responsible Officer: Provost and Vice President for Academic Affairs
- PURPOSE
This policy provides the procedures for all forms of separation from employment of instructional faculty members, including non-renewal, expiration of contract, termination, retirement, or resignation.
- AUTHORITY
The Board of Visitors has the authority to enact personnel policies for all employees of the university. Where this authority has not been exercised by the board, it is delegated to the president. - DEFINITIONS
Administrative & Professional Faculty:
Sometimes referred to as 'A&P Faculty', this is a faculty member whose primary responsibility is management or administration but is not teaching (as opposed to instructional faculty). In the past, A&P Faculty were sometimes referred to as 'T&R Administrators.' However, that terminology is no longer used commonly.
At-will Employee:
A faculty member who has no legitimate expectation of the continuation of his or her employment relationship with the university.
Expiration:
The natural and automatic termination of a fixed term contract of employment.
Financial Exigency:
A severe financial crisis within the university, declared by the president and Board of Visitors, that cannot be satisfactorily alleviated by less drastic means than the termination of tenured faculty members.
Fixed term contract:
An employment contract with a specific termination date or length of duration.
Inability to perform:
A determination by the university that a faculty member is unable to perform the essential functions of his or her position, with or without reasonable accommodations.
Instructional Faculty:
The members of the faculty who have responsibilities that include teaching, research and service as the majority of their duties. Sometimes referred to as 'T&R Faculty'.
Non-renewal:
A decision by the university not to renew the appointment of a faculty member.
PAR:
Personnel Action Request form.
Program elimination:
A decision by the university to eliminate an academic program, and terminate its faculty.
Program reduction:
A decision by the university to reduce the number of faculty within an academic program.
Resignation:
Voluntary separation from employment initiated by a faculty member.
Retirement:
Voluntary separation from employment initiated by a faculty member, and election to enter into a retirement program offered by the university.
Separation:
The severance of the employment relationship between the faculty member and the university.
Termination:
A decision by the university to terminate the employment of a faculty member with tenure, or of an untenured faculty member during the term of a contract, or an at-will employee at any time. - APPLICABILITY
This policy relates to the separation from employment of all full-time instructional faculty members, including visiting appointments; tenured, tenure-track, renewable term, and untenured appointments; academic year, calendar year, fixed term appointments and interim appointments. It also applies to professional librarians.
For separation procedures in specific instances, see the Faculty Handbook, Section III.F.
- POLICY
5.1 The procedures in this policy must be followed in the separation of faculty members from employment at James Madison University.
5.2 Resignation: A faculty member may resign his or her appointment at any time provided that written notice is given at the earliest possible opportunity. It is expected that a faculty member will provide at least three months notice of resignation from the university.
5.3 Expiration: Failure to renew the appointment of a faculty member on a fixed-term contract upon the expiration of the contract requires no action by the university and no notice to the faculty member. It is not an appeal-able personnel action.
5.4 At-will Employees: At-will employees may be terminated at any time upon notification from the university. Such termination is not an appeal-able personnel action.
5.5 Non-renewal: Untenured faculty members have no right to renewal of their appointments. The university may choose not to renew the appointment of an untenured faculty member for any reason provided the reason does not violate academic freedom.
5.6 Termination: The employment of a tenured or untenured faculty member may be terminated at any time by the university as a sanction for misconduct or as a sanction following post-tenure review of a tenured faculty member. Additionally, a faculty member may be terminated because of a financial exigency, because of a program reduction, elimination, or discontinuance, or because of the faculty member's inability to perform.
5.7 A faculty member separated from employment is required to fill out the appropriate campus clearance forms to finalize matters relating to their employment, including insurance, retirement, university property, and compensation. Failure to fill out the appropriate forms may result in abandonment of rights.
5.8 The Faculty Retirement Incentive Policy is found in Policy 1333. The Policy on Personnel Action Requests is found in Policy 1311. The Policy on Disabilities and Reasonable Accommodations is found in Policy 1331.
- PROCEDURES
6.1 Non-renewal
The procedures for non-renewal are found in the Faculty Handbook, Section III.E.6.e. for tenure-track faculty members undergoing review for tenure. The procedures for non-renewal are found in the Faculty Handbook, Section III.F.3. for tenure-track faculty members prior to undergoing review for tenure and for RTA faculty members. Academic unit heads must submit a PAR to the Office of Human Resources for each non-renewal as soon as possible, but always before the date of the faculty member's separation from employment.
6.2 Termination
The procedures for termination as a sanction are found in the faculty handbook as follows:
- Misconduct: Section III.A.10.
- As a sanction following a post-tenure review: Section III.E.7.
- Financial exigency: Section III.F.4.a.
- Program reduction or elimination: Section III.F.4.b.
- The faculty member's inability to perform for medical reasons: Section III.F.4.c.
6.3 Resignations and Retirements
Academic unit heads must submit a PAR to the Office of Human Resources for each faculty member who resigns or retires as soon as possible, but always before the date of the close of the next pay period following the effective date of the resignation.
6.4 Expiration of Contract
No PAR is needed to document the separation of a faculty member whose contract expires.
6.5 At-will Employees
In order to separate an at-will employee from the university, the academic unit head must generate a PAR and send it to the Office of Human Resources immediately.
6.6 Campus Clearance
Upon receipt of the PAR reflecting a non-renewal, resignation, termination, or separation from employment, Human Resources will e-mail a Campus Clearance form to the department. Human Resources will also notify pertinent departments of the employee's pending separation from the university.
- Misconduct: Section III.A.10.
- RESPONSIBILITIES
Faculty members are responsible for notifying the university in a timely manner of their intent to resign or retire, and in all cases of separation from the university, for properly completing and returning clearance forms to the Human Resources Office.
Academic unit heads and direct supervisors are responsible for following the procedures for separation of faculty members from employment, for submitting the PAR to the Office of Human Resources in a timely manner, and overseeing the employee's completion of the Campus Clearance Form.
Deans are responsible for reviewing and approving all faculty separation practices and procedures used within their colleges.
The Vice President for Academic Affairs is responsible for reviewing and approving all faculty separation practices and procedures for instructional faculty.
The Director of Human Resources is responsible for processing the PAR's separating the faculty member from employment, and for sending out the campus clearance forms to the department. Human Resources will also send benefits-related information to the faculty member separating from the university.
When notified of a faculty member's pending separation, various departments (computer loans, parking, etc.) are responsible for contacting the faculty member to settle any outstanding accounts.
- SANCTIONS
Sanctions will be commensurate with the severity and/or frequency of the offense and may include termination of employment. - EXCLUSIONS
The procedures detailed in this policy do not apply to A&P faculty or to part-time faculty members. The policy on separation of Administrative and Professional faculty members is found in Policy 1335.
This policy does not apply to demotions, removals or changes in assignment, or termination of specific assignments or administrative appointments of faculty members who remain employed by the university. For the procedures on changes in appointments of faculty members, see Policy 2113.
- INTERPRETATION
The authority to interpret this policy rests with the president, and is generally delegated to the Vice President for Academic Affairs.
Approved:
May 2002
Linwood H. Rose, President
Index of Terms
Expiration of Contract
Financial Exigency
Inability to perform
Non-renewal
Program elimination
Program reduction
Resignation