Bill 11-A-1 Retrenchment Procedures (Approved)
Bill 11-A-1 Retrenchment Procedures (Approved)
FACULTY SENATE SOUTHEAST MISSOURI STATE UNIVERSITY
FACULTY SENATE BILL 11-A-1
Addition of Retrenchment Procedures
BE IT RESOLVED THAT: the Faculty Handbook add the following Procedures.
RETRENCHMENT PROCEDURES
Initial Procedure for Recommending All Program Mergers, Reductions, Discontinuance,
or Faculty Reductions within Financial Exigency:
1.Following the university's procedure for Academic Program Review, the provost will
initiate the Academic Program Review. The Faculty Advisory Committee for Academic
Program Review will identify programs that are candidates for merger, reduction, or
discontinuance, or number of faculty positions for reduction, then will make recommendations
to the provost.
2.The provost reviews the recommendations and the associated data from the Program
Review, and makes his/her recommendation to the president.
3.The president reviews the information and makes his/her recommendation to the Board
of Regents.
4.The Board of Regents takes action on the recommendations.
5.If a program has been selected for discontinuance, the provost informs students
of its upcoming elimination. The affected students are advised that provisions have
been made to continue to offer courses for a limited period of time so that juniors
and seniors enrolled in the program will have an opportunity to graduate from that
program. Freshmen and sophomores in the program are advised to move into other related
programs at Southeast Missouri State University.
Procedure for Faculty Termination in Financial Exigency with Program Discontinuance:
1.The deans of the Colleges or Schools with programs affected by retrenchment inform
the chairs and faculty about the affected programs.
2.Within each program designated for discontinuance, before any faculty positions
are terminated, programmatic need must be determined by a special advisory committee
consisting of the department's tenured and probationary tenure-track faculty and chairperson,
who will convene to recommend a phase-out schedule for any discontinued courses and
a termination date for any discontinued program. If no Department Advisory Committee
is available, the College/School Tenure and Promotion Committee will serve as advisory
committee for the department.
3.The advisory committee will determine:
a.ongoing programmatic needs for unaffected programs (those programs in the department/College/School
which are not being discontinued) and the University,
b.courses which need to remain in the University curriculum,
c.the frequency, numbers (quantity), and sequence of the retained courses, which leads
to a determination of the number of faculty to retain, and
d.qualified faculty who have the credentials to teach courses within the unaffected
departmental programs or to teach retained courses from the discontinued program.
4.Prior to any analysis and evaluation by the Department Advisory Committee, criteria
for making recommendations regarding programmatic need, courses to retain, and qualifications
of faculty to teach courses must be submitted to the university's legal counsel through
the Office of the Provost for consideration and advice.
5.The foremost issue to be considered by the Departmental Advisory Committee will
be which faculty are qualified to teach in departmental programs and courses, in adherence
to the primary criterion of programmatic need. The individual faculty members' votes
will be submitted by secret ballot to the department chair and will remain confidential.
6.Based upon the Department Advisory Committee's recommendations, the department chair
will recommend which faculty positions should be discontinued. RNTT, term contract,
and part-time faculty who are not essential to or not qualified for programmatic need
will be the first faculty to be released. Following this, should further need remain
for programatically non-essential or non-qualified tenured or probationary tenure-track
faculty positions to be discontinued, the department chair will send his/her recommendations
for discontinuance and a written explanation to the dean who will forward the recommendations
and explanation to the College/School Tenure and Promotion Committee, which will serve
as the College/School Advisory Committee.
7.Any member of the College/School Advisory Committee who is also considered to be
a potentially affected faculty member, according to the department chair's recommendation,
will be replaced during the College/School Advisory Committee deliberations. The dean
will appoint a replacement, first from the replaced member's department or, if a replacement
is not available from the department, from the tenured members of another department
in the College or School.
8.The tenured and probationary tenure-track faculty under consideration for discontinuance
by the College/School Tenure and Promotion Committee will have three weeks in which
to prepare their professional dossiers for review by the College/School Committee.
The criteria for this review will be teaching effectiveness, professional achievements
and qualifications, and service to the university as described in that department's
Tenure and Promotion Guidelines for promotion, with an examination period of the previous
five years.
9.Based upon the criteria described above, the College/School Committee creates a
ranking of faculty retention for the affected department. Their recommendation is
forwarded to the dean.
10.The dean reviews the recommendation and forwards his/her recommendation and that
of the College/School Committee to the provost. The affected faculty member is notified
of the dean's recommendation. Affected faculty members may respond to the notification
within 5 working days.
11.The provost reviews the recommendations of the dean and College/School Committee
and forwards his/her recommendation to the president, along with the College/School
Committee's and the dean's recommendations.
12.The president reviews the documents and consults with the provost on a recommendation
to the Board of Regents.
13.The president makes his/her recommendation to the Board of Regents.
14.The Board of Regents takes action on any recommendations by the president.
15.The provost determines the possibility of reassignment for affected tenured or
probationary tenure-track faculty to vacant tenure-track academic positions for which
the affected faculty member is qualified, that would be in the best interests of the
receiving academic program and would enhance the educational mission of the University.
Reassignment would be at the faculty member's current rank and tenure-track status.
Based on review of the proposed reassigned faculty member's professional dossier,
the receiving department makes a recommendation to the dean and provost on whether
to accept that faculty member.
16.As part of the process of transfer, the receiving program must review the faculty
member's record with respect to future promotions, using the receiving department/program's
promotion criteria, and apprise the faculty member of that evaluation. The reassigned
faculty member may elect to take up to a 3-year grace period, without prejudice, in
which to apply for future tenure or promotion using the receiving department's guidelines.
17.If reassigned to a tenure-track position, the faculty member will retain his/her
current rank and same tenure-track status, receive a salary equal to the average salary
listed for that department and rank, or, if none is available, by the CIP code (Classification
of Instructional Programs) for that position and percentage of CUPA (College and University
Professional Association) at the College/School average for that position, and adhere
henceforth to the Tenure and Promotion Guidelines of the program to which he/she is
reassigned.
18.If a tenure-track position is not vacant, but an RNTT position for which the faculty
member is qualified is vacant, the tenured/probationary tenure-track faculty member
may choose to enter that position. The receiving department will have the option to
hire the tenured/probationary tenure-track faculty member as a tenure-track or RNTT
appointment. If the receiving department elects to retain the vacant position as RNTT,
the faculty member choosing to accept the RNTT position must relinquish rank and tenure-track
status. If the department elects to hire at the faculty member's current rank and
tenure-track status, the position becomes tenure-track, retaining all the rights appertaining
therein, and the next vacant tenure-track position in that department will revert
to an RNTT position. In either case, the starting salary provided will adhere to the
salary guidelines described above.
19.The provost communicates to the affected faculty members his/her decision on reassignment,
based upon the receiving program's need, the University's best interests, and the
existence of a vacant position.
20.The provost makes his/her recommendation to the president.
21.The president reviews the recommendation and informs the Board of Regents of his/her
recommendation, as appropriate.
22.The Board of Regents takes action on any recommendation by the president.
23.Written notice of the institution's intention to terminate a faculty appointment
is given by the provost to the member of the faculty by: (1) March 1 during the first
or second academic year of service, exclusive of the summer session; (2) the first
class day of the spring semester for the third, fourth or fifth year of service, exclusive
of the summer session; (3) 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
exigency is not declared so as to provide tenured faculty notice of termination by
the first day of the fall semester, a minimum of one year's notification will be given.
24.On the recommendation of the Budget Review Committee and the president, the Board
of Regents, may determine what, if any, severance payments will be made beyond the
effective date of termination, and may take into account the length of service of
the faculty member.
25.The provost will provide a personal letter of reference for each terminated faculty
member, stating that the termination is due to financial exigency and is not a negative
reflection of the faculty member's performance.
26.The University will provide career counseling and placement services for the released
faculty.
27.The institution will not hire in the same area of teaching expertise of an involuntarily
terminated probationary tenure-track or tenured faculty member for three years following
the date that the program is approved for discontinuance by the Board, unless reinstatement
at previous rank, same tenure-track status, and salary is first offered to that faculty
member, within a one month time period in which the faculty member may accept or decline
the offer.
28.Deviations from the above procedure for faculty reduction or program discontinuance
may be appealed. Appeals are limited to claims regarding whether the Procedure for
Faculty Termination in Financial Exigency With Program Discontinuance has been followed.
The Faculty Senate Grievance Committee will provide the opportunity for the affected
faculty member(s) to demonstrate a claim of deviation in the procedure.
29.The steps for declaring that financial exigency is over are as follows:
a.At such a time as the president believes, after consultation with the Faculty Senate
and Budget Review Committee, that the University no longer has a financial emergency
that cannot be managed except for further discontinuance, reduction, or merger of
programs, or reduction of faculty or other personnel, the president will notify the
faculty that he is recommending to the Board of Regents that the financial exigency
should be declared over.
b.The Board of Regents will then officially and publicly acknowledge that the state
of financial exigency is declared over.
30.After the Board of Regents declares that the financial exigency is over, no new
processes for discontinuance, reduction, or merger of programs, or reduction of faculty
or other personnel for reasons of financial exigency will thereafter be initiated.
Any process of discontinuance, reduction, or merger of programs, or reduction of faculty
or other personnel initiated because of the financial exigency prior to the Board's
declaration will, however, proceed to completion.
Procedure for Faculty Termination in Financial Exigency without Program Discontinuance:
1.In a state of financial exigency, the provost reviews programmatic need and, after
consultation with the appropriate chairperson and deans, determines the allocation
of faculty positions.
2.The provost recommends the faculty allocations to the president.
3.The president informs the affected administrators and faculty of his/her decision
on faculty allocation.
4.The department's full-time tenured and probationary tenure-track faculty, including
the chairperson, will convene as a special advisory committee. If no Department Advisory
Committee is available, the College/School Tenure and Promotion Committee will serve
as advisory committee for the department. The advisory committee will determine:
a.ongoing programmatic needs for the department and the University,
b.the frequency, numbers (quantity), and sequence of the courses, which leads to a
determination of the number of faculty to retain, and
c.qualified faculty who have the credentials to teach the courses within the department's
programs.
5.Prior to any analysis and evaluation by the special advisory committee, criteria
for making recommendations regarding programmatic need, courses to retain, and qualifications
of faculty to teach courses must be submitted to the university's legal counsel through
the Office of the Provost for consideration and advice.
6.The foremost issue to be considered by the departmental advisory committee will
be which faculty are qualified to teach in departmental programs and courses, in adherence
to the primary criterion of programmatic need. The individual faculty members' votes
will be submitted by secret ballot to the department chair and will remain confidential.
7.Based upon the Department Advisory Committee's recommendations, the department chair
will recommend which faculty positions should be discontinued. RNTT, term contract,
and part-time faculty who are not essential to or not qualified for programmatic need
will be the first faculty to be released. Following this, should further need remain
for programatically non-essential or non-qualified tenured or probationary tenure-track
faculty positions to be discontinued, the department chair will send his/her recommendations
for discontinuance and a written explanation to the dean who will forward the recommendations
and explanation to the College/School Tenure and Promotion Committee, which will serve
as the College School Advisory Committee.
8.Any member of the College/School Tenure and Promotion Committee who is also considered
to be a potentially affected faculty member, according to the department chair's recommendation,
will be replaced during the College/School Advisory Committee deliberations. The dean
will appoint a replacement, first from the replaced member's department or, if a replacement
is not available from the department, from the tenured members of another department
in the College or School.
9.The tenured and probationary tenure-track faculty under consideration for discontinuance
by the College/School Tenure and Promotion Committee will have three weeks in which
to prepare their professional dossiers for review by the College/School Committee.
The criteria for this review will be teaching effectiveness, professional achievements
and qualifications, and service to the university as described in that department's
Tenure and Promotion Guidelines for promotion, with an examination period of the previous
five years.
10.Based upon the criteria described above, the College/School Committee creates a
ranking of faculty retention for the affected department. Their recommendation is
forwarded to the dean.
11.The dean reviews the recommendation and forwards his/her recommendation and that
of the College/School Committee to the provost. The affected faculty member is notified
of the dean's recommendation. Affected faculty members may respond to the notification
within 5 working days.
12.The provost reviews the recommendations of the dean and College/School Committee
and forwards his/her recommendation to the president, along with the College/School
Committee's and the dean's recommendations.
13.The president reviews the documents and consults with the provost on a recommendation
to the Board of Regents.
14.The president makes his/her recommendation to the Board of Regents.
15.The Board of Regents takes action on any recommendations by the president.
16.The provost determines the possibility of reassignment for affected tenured or
probationary tenure-track faculty to vacant tenure-track academic positions for which
the affected faculty members are qualified, that would be in the best interests of
the receiving academic program and would enhance the educational mission of the University.
Reassignment would be at the faculty member's current rank and tenure-track status.
Based on review of the proposed reassigned faculty member's professional dossier,
the receiving department makes a recommendation to the dean and provost on whether
to accept that faculty member.
17.As part of the process of transfer, the receiving program must review the faculty
member's record with respect to future promotions, using the receiving department/program's
promotion criteria, and apprise the faculty member of that evaluation. The reassigned
faculty member may elect to take up to a 3-year grace period, without prejudice, in
which to apply for future tenure or promotion using the receiving department's guidelines.
18.If reassigned to a tenure-track position, the faculty member will retain his/her
current rank and same tenure-track status, receive a salary equal to the average salary
listed for that department and rank, or, if none is available, by the CIP code (Classification
of Instructional Programs) for that position and percentage of CUPA (College and University
Professional Association) at the College/School average for that position, and adhere
henceforth to the Tenure and Promotion Guidelines of the program to which he/she is
reassigned.
19.If a tenure-track position is not vacant, but an RNTT position for which the faculty
member is qualified is vacant, the tenured/probationary tenure-track faculty member
may choose to enter that position. The receiving department will have the option to
hire the tenured/probationary tenure-track faculty member as a tenure-track or RNTT
appointment. If the receiving department elects to retain the vacant position as RNTT,
the faculty member choosing to accept the RNTT position must relinquish rank and tenure-track
status. If the department elects to hire at the faculty member's current rank and
tenure-track status, the position becomes tenure-track, retaining all the rights appertaining
therein, and the next vacant tenure-track position in that department will revert
to an RNTT position. In either case, the starting salary provided will adhere to the
salary guidelines described above.
20.The provost communicates to the affected faculty members his/her decision on reassignment,
based upon the receiving program's need, the University's best interests, and the
existence of a vacant position.
21.The provost makes his/her recommendation to the president.
22.The president reviews the recommendation and informs the Board of Regents of his/her
recommendation, as appropriate.
23.The Board of Regents takes action on any recommendation by the president.
24.Written notice of the institution's intention to terminate a faculty appointment
is given by the provost to the member of the faculty by: (1) March 1 during the first
or second academic year of service, exclusive of the summer session; (2) the first
class day of the spring semester for the third, fourth or fifth year of service, exclusive
of the summer session; (3) 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
exigency is not declared so as to provide tenured faculty notice of termination by
the first day of the fall semester, a minimum of one year's notification will be given.
25.On the recommendation of the Budget Review Committee and the president, the Board
of Regents, may determine what, if any, severance payments will be made beyond the
effective date of termination, and may take into account the length of service of
the faculty member.
26.The provost will provide a personal letter of reference for each terminated faculty
member, stating that the termination is due to financial exigency and is not a negative
reflection of the faculty member's performance.
27.The University will provide career counseling and placement services for the released
faculty.
28.The institution will not hire in the same area of teaching expertise of an involuntarily
terminated probationary tenure-track or tenured faculty member for three years following
the date that the faculty member is approved for discontinuance by the Board, unless
reinstatement at previous rank, same tenure-track status, and salary is first offered
to that faculty member, within a one month time period in which the faculty member
may accept or decline the offer.
29.Deviations from the above procedure for faculty reduction may be appealed. Appeals
are limited to claims regarding whether the Procedure for Faculty Termination in Financial
Exigency Without Program Discontinuance has been followed. The Faculty Senate Grievance
Committee will provide the opportunity for the affected faculty member(s) to demonstrate
a claim of deviation in the procedure.
30.The steps for declaring that financial exigency is over are as follows:
a.At such a time as the president believes, after consultation with the Faculty Senate
and Budget Review Committee, that the University no longer has a financial emergency
that cannot be managed except by termination of faculty or other personnel without
program discontinuance, the president will notify the faculty that he is recommending
to the Board of Regents that the financial exigency should be declared over.
b.The Board of Regents will then officially and publicly acknowledge that the state
of financial exigency is declared over.
31.After the Board of Regents declares that the financial exigency is over, no new
processes for termination of faculty or other personnel for reasons of financial exigency
will thereafter be initiated. Any process of reduction of faculty or other personnel
without program discontinuance that was initiated because of the financial exigency
prior to the Board's declaration will, however, proceed to completion.
Approved by the Faculty Senate
date: Feb 16, 2011
Approved by the President
date: Feb 16, 2011
Posted for Campus Review from March 7, 2011 through March 30, 2011
