Bill 10-A-14 Retrenchment Policy (Approved)
FACULTY SENATE SOUTHEAST MISSOURI STATE UNIVERSITY
FACULTY SENATE BILL 10-A-14
Addition of a Retrenchment Policy
BE IT RESOLVED THAT: the Faculty Handbook add the following Policy for Retrenchment
In the face of a financial exigency, defined by AAUP in Regulation 4(c) as "an imminent financial crisis that threatens the survival of the institution” that cannot be alleviated by less drastic means than the termination of certain academic and nonacademic programs and faculty appointments, the Board of Regents may need to officially declare a state of financial exigency, resulting in a process of retrenchment, "a reduction of expenses.” The process of retrenchment will occur only when a "demonstrably bona fide” condition of financial exigency exists. The president, in consultation with Budget Review Committee and Faculty Senate (in accord with AAUP's recommendation that "a faculty body should participate in the decision that financial exigency exists,” but does not have "primary responsibility with respect to these decisions”), will determine the need to recommend a declaration of financial exigency. The president will present the findings, including data or other supporting materials, to the Board of Regents for consideration. Only the Board of Regents can declare a state of financial exigency.
The steps for declaring a state of financial exigency are as follows:
1. After consulting with the Budget Review Committee, the president will consult with the Faculty Senate, with supporting data and materials that show a financial crisis exists which cannot be managed except by a discontinuance or merger of programs, or reduction of faculty or other personnel. Faculty Senate will provide verbal comments and a written response to the president.
2. The president then notifies the faculty that he is recommending to the Board of Regents that a financial exigency should be declared.
3. The Board of Regents takes action on the recommendation from the president. If appropriate, the Board officially and publicly acknowledges the financial crisis and declares a state of financial exigency.
Teaching and learning are the primary reasons for the University's existence, and maintenance of academic programs should be the highest priority during a process of retrenchment. However, faculty appointments may be terminated before the end of their specified term because of the merger or discontinuance of programs or departments during financial exigency. The guiding principle of faculty termination is programmatic need. Upon the determination of programmatic need, faculty may be considered for retention in the following order: tenured, probationary tenure-track, regular nontenure track (RNTT), term contract, and part-time.
Approved by the Faculty Senate
date: Dec 1, 2010
Approved by the Board of Regents
date: Dec 8, 2010
Senate Bill 10-A-14 will replace the following section of the current Faculty Handbook.
TERMINATION DURING A PERIOD OF RETRENCHMENT
Faculty Senate Bill 76-A-11 begins here.
1. After consulting with and demonstrating to the Faculty Senate that a financial emergency exists which cannot be managed except by a reduction of faculty and/or other personnel, the President notifies the faculty and the Board of Regents that a financial emergency may require release of University personnel. (These procedures apply only in response to financial emergency--not usual reallocations of resources reflecting program changes in the best interests of students and the educational mission.)
2. The Board officially and publicly acknowledges the financial emergency and the need for personnel reduction.
3. Where faculty are involved, the Provost, after consultation with the appropriate chairperson and deans, determines the allocation of faculty.
4. The Provost recommends the faculty allocations to the President.
5. The President informs the appropriate administrative officials and the faculty of his/her decision on faculty allocation.
6. Affected departments then shall convene to select a special advisory committee to consider and make recommendations concerning the personnel adjustments necessary to comply with the President's decision and need for reduction. This committee shall be composed of full-time, tenured or tenure-track faculty. To assure equity and fairness to the personnel involved, the University shall be represented on the special committee by a voting faculty member from outside the department chosen by the dean of the college. In reaching recommendations for retrenchment, the committee shall consider the following criteria: overall service to the department and the University, consistent teaching effectiveness, scholarship, professional qualifications, tenure, and program. Prior to confronting the problem of retrenchment, it is recommended that a department formulates the criteria, including the ones above noted, which will guide the special committee in reaching decisions on recommendations. Such criteria should be in place and in the hands of each member of the department as soon as possible. The special committee shall inform the department chairperson of its recommendation concerning personnel adjustments. The chairperson will advise the dean of the college and the affected faculty member(s) of the chairperson's and the committee's recommendation(s) together with a written explanation of how the decisions were reached. Following this consideration, the dean will then transmit to the Provost the recommendations of the committee and the department chairperson together with his/her own.
7. The Provost, in consultation with appropriate administrative groups, reviews the possibility of reassignment or other alternatives which would be in the best interests of the faculty members and enhance the educational mission of the University. Departments will continue to consider proposed additional faculty in their customary manner, and the wishes of both the faculty member in question and the department will be of primary importance in any proposed reassignment.
8. The Provost shall communicate to the affected faculty members his/her decision for termination or reassignment.
9. Both tenured and non-tenured faculty to be terminated or reassigned may (1) accept the action, or (2) request a review by an annually appointed Appeals Committee composed of six members--two members to be chosen by the Faculty Senate, two by the President, and two by the appellant from a case available list of ten tenured faculty chosen annually by the Membership Committee of the Faculty Senate.
10. The appellant may strike any three; the Provost may strike any three; the Membership Committee will then assign two of the remaining faculty members to the case. In the event of a request for review, the Appeals Committee shall provide the opportunity for the affected faculty member to demonstrate impropriety or deviations in the application of departmental criteria.
11. After determining whether an impropriety or deviation in the application of department criteria has occurred, the Appeals Committee forwards its findings both to the Provost for appropriate action and to the appellant.
12. Recommendations of the department chairperson, college dean, and Provost shall be presented to the President for his/her consideration.
13. Recommendations of the President are presented to the Board of Regents.
14. The decision of the Board of Regents shall be conveyed to the affected person(s) through the proper channels and in accord with the policy on Notification of Termination by the University. A probationary appointment may be terminated at the end of any academic year, but written notice of the institution's intention to terminate such appointment shall be given by the administration to the member of the faculty: (1) by March 1 during the first or second academic year of service, exclusive of the summer session; (2) by the first class day of the spring semester for the third, fourth or fifth year of service, exclusive of the summer session; (3) by the first class day of the fall semester for the remaining years of non-tenured or tenured service, exclusive of the summer session. If the financial emergency is not known soon enough to provide tenured faculty notice of termination by the first day of the fall semester, the year's notification will continue to be respected by notifying of termination one year from date of notification, i.e., first day of spring semester for following spring semester.
15. In all cases of termination of appointment of a tenured faculty member because of financial emergency, the position of the faculty member concerned will not be filled by a replacement within a period of three years unless the released faculty member has been offered reinstatement and a reasonable time in which to accept or decline it.
16. If the reassignment of a faculty member overstaffs a department, the department shall follow the procedures for retrenchment outlined above. The reassigned faculty member shall not be exempt from the application of these procedures.
Approved by the Board of Regents
date: Dec 8, 2010