III.F. Separation
For more information regarding separation, see Manual of Policies and Procedures, Policy 2106, Instructional Faculty Separation from Employment. For specific information about retirement, see Faculty Handbook, Section III.J.6. and Appendices.
III.F.1. 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.
III.F.2. Expiration of Contract and At-Will Termination
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 appealable personnel action. At-will employees may be terminated at any time upon notification from the university. Such termination is not an appealable personnel action.
III.F.3. Nonrenewal
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.
Nonrenewal of the appointment of a tenure-track faculty member who is undergoing review for tenure is governed by the provisions of Faculty Handbook, Section III.E.7. In the case of nonrenewal of a tenure-track faculty member before undergoing review for tenure, or of a RTA faculty member, the following procedures apply:
III.F.3.a. Origination
Consideration of nonrenewal of the appointment of an untenured faculty member may originate with the AUH, AUPAC, dean, appropriate vice provost or Provost.
III.F.3.b. Independent Evaluations
Although consultation among the AUPAC, AUH and dean is encouraged, the AUH and the AUPAC shall make independent evaluations of the facts and make independent recommendations.
III.F.3.c. Academic Unit's Recommendations
The written recommendations of the AUPAC and AUH shall include a justification of their conclusions. These recommendations shall be submitted to the dean within 30 days of receiving notice that nonrenewal of the appointment is to be considered except in the case of a first-year faculty member in which case their recommend-ations shall be submitted within seven days. After the dean has received both the AUPAC and AUH recommendations, a copy of the AUPAC recommendation shall be provided to the AUH and concurrently a copy of the AUH recommendation shall be provided to the AUPAC.
III.F.3.d. Dean's Recommendations
The dean shall make a recommendation after reviewing the recommendations of the AUH and the AUPAC. The written recommendation of the dean shall include a justification of his or her conclusions. The recommendations of the AUH, AUPAC and dean shall be submitted to the appropriate vice provost or the Provost within 30 days of the dean's receipt of the AUH and AUPAC recommendations, except in the case of a first-year faculty member, in which case the recommendations shall be submitted within 7 days. After the recommendations have been received by the appropriate vice provost or the Provost, a copy of the dean's recommendation shall be provided to the AUH and the AUPAC.
III.F.3.e. Vice Provost's Recommendations
The appropriate vice provost shall make a recommendation after reviewing the recommend-ations of the AUH, the AUPAC, and the dean. The written recommendation of the appropriate vice provost shall include a justification of his or her conclusions. The recommendations of the AUH, AUPAC, dean and appropriate vice provost shall be submitted to the Provost within 7 days of the vice provost's receipt of the dean's recommend-ations. After the recommendations have been received by the Provost, a copy of the vice provost's recommendation shall be provided to the AUH, AUPAC and dean.III.F.3.f. Provost's Decision
The recommendations regarding nonrenewal from the AUH, AUPAC, dean and appropriate vice provost shall be reviewed by the Provost who shall decide if nonrenewal of the appointment of the faculty member is warranted. The decision not to renew the appointment of an untenured faculty member does not require action by the BOV. The written decision of the Provost shall include a justification of his or her conclusions. Notice shall be sent to the faculty member, and a copy shall be sent to the appropriate vice provost, dean, AUH and AUPAC within 30 days of the Provost's receipt of the AUH, AUPAC and dean recommendations, except in the case of a first-year faculty member, in which case the decision shall be sent within 7 days. In the absence of a timely written appeal, the decision of the Provost becomes final and the nonrenewal is effective at the end of the appointment period.
III.F.3.g. Special Circumstances
In the case of a faculty member with less than two years of service at the university, the administration has the discretion to act more quickly than specified above so that notice may be given in accordance with the schedule of calendar dates set forth below.
III.F.3.h. Notice
If the Provost decides not to renew the appoint-ment of a faculty member, written notice of nonrenewal should be sent to the faculty member in accordance with the following schedule.
III.F.3.h. Notice Continued >>
III.F.3.i. Access to Records
Upon request, the faculty member shall be provided copies of the decision of the Provost and the recommendations of the AUH, AUPAC, dean and appropriate vice provost.
III.F.3.j. Appeal
All appeals must be in writing. A tenure-track or RTA faculty member has 30 days from the receipt of a written notice of nonrenewal from the appropriate vice provost or Provost to submit a written appeal to the Faculty Appeals Committee. The written appeal shall set forth the grounds for the appeal and a summary of the arguments and documentation the faculty member intends to present at a hearing. Upon receipt of an appeal, the chair of the Faculty Appeals Committee shall promptly send an acknowledgement of the receipt of the appeal to the faculty member and shall notify the president, the Provost, appropriate vice provost, dean, and AUH. If an appeal is filed, the Provost shall appoint the AUH or an administra-tive designee to serve as the respondent, representing the administration in the appeal process.
III.F.3.k. Faculty Appeals Committee
The Faculty Appeals Committee shall determine if a hearing is warranted. See Faculty Handbook, Section III.M.2.b.
- For a tenure-track faculty member, grounds for appealing a nonrenewal are limited to failure of the university to follow its procedures or unreasonable or improper bases for nonrenewal, including academic freedom violations.
- For an RTA faculty member, grounds for appealing a nonrenewal are limited to academic freedom violations.
If the Faculty Appeals Committee determines that a hearing should be granted, the procedures in Faculty Handbook, Section III.M.2.c. shall apply to both tenure-track and RTA faculty members. In the hearing, the faculty member shall have the responsibility to establish that the procedures were not followed or that the university used unreasonable or improper bases for the non-renewal. If the Faculty Appeals Committee determines that a hearing shall not be granted, the faculty member, respondent, speaker, Provost, and president shall be notified that the appeal has been denied. If the appeal is denied by the Faculty Appeals Committee, the decision of the Provost becomes final, and the nonrenewal becomes effective at the end of the appointment term.
III.F.3.l. Confidentiality
All persons involved in the nonrenewal process shall respect and maintain the strict confident-iality of all relevant documents and deliberations.
III.F.4. Termination
In addition to dismissal as a sanction outlined elsewhere in this handbook (e.g., III.A.10., III.E.8., the appointment of a tenured or untenured faculty member may be terminated by the university in the event of a bona fide financial exigency, program reduction, discontinuance or elimination, or for medical reasons that prevent a faculty member from fulfilling the responsibilities of his or her position. For faculty appointments with a specified term, termination may occur before the expiration of the term.
III.F.4.a. Financial Exigency
III.F.4.a. Financial Exigency Continued >>
III.F.4.b. Program Reduction or Elimination
III.F.4.b. Program Reduction or Elimination Continued >>
III.F.4.c. Inability to Perform for Medical Reasons
III.F.4.c. Inability to Perform for Medical Reasons Continued >>
