A. Standards and Limitations

Termination refers to action by the Administration to: 1) end an appointment prior to the completion of a contract term; 2) end a tenured appointment; or 3) not offer reappointment in contravention of notification deadlines. Termination does not refer to non-reappointment, which is covered in Section IV. Any appointment may be terminated by the Administration with the approval of the Board of Trustees, for the following reasons: 1) adequate cause; 2) financial exigency; or 3) a change in institutional conditions or directions which affect the faculty member’s department or the College as a whole.

1. Adequate cause includes incompetence, personal or professional misconduct, or inability or unwillingness to carry out responsibilities in an appropriate manner.
2. Financial exigency, as established by the Board of Trustees in consultation with the administration and faculty, is defined as a situation where an imminent financial crisis exists which threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means.
3. Institutional conditions or directions shall refer to situations which make it desirable or prudent to eliminate positions in a department or program.

If the Administration ever finds it appropriate to respond to a condition of financial exigency or changes in institutional conditions or directions, it shall first advise the Faculty Executive Committee of this conclusion and meet to discuss alternative approaches designed to respond to the condition before taking further steps toward termination.

Although the standards which govern decisions in matters of termination must necessarily vary according to the circumstances of each case, this Section VII of the Plan of Employment provides a procedure for challenge and review that is available to a faculty member dissatisfied with a decision to terminate his or her appointment for adequate cause, financial exigency, or changes in institutional conditions or directions.

Decisions resulting from review procedures provided under this Section VII are final and binding. These review procedures are the exclusive avenue for faculty members to challenge termination decisions. If faculty members allege violation of civil rights in termination decisions, they must also bring their claims under applicable civil rights laws in this forum.

Any employment decision that is subject to review under this Section of the Plan of Employment shall be handled only under this section. The affected faculty member does not have the right to challenge the substantive aspects in one hearing under this Section VII and the procedural aspects in another hearing under Section VI. If the affected faculty member wishes to challenge both the procedural and substantive nature of the termination decision, the appeal must be brought and adjudicated under this Section VII.

B. Procedures

1. These hearing procedures are the exclusive avenue for faculty members to challenge decisions on termination.  
2. Informal Resolution
   1. Formal procedures for termination for adequate cause shall not be instituted until the Administration has consulted with the affected faculty member in an effort to seek a mutually satisfactory solution. The affected faculty member shall be given an opportunity to tender a voluntary resignation before further actions is taken.
   2. In cases of financial exigency or other institutional conditions or strategic direction, formal procedures for termination shall not be be instituted until the Administration has consulted with members of the affected department(s) or program(s), the Educational Policies committee, and the affected faculty member in an effort to seek a mutually satisfactory solution.
3. Formal Proceeding for Termination
   1. In the event the matter cannot be resolved through information resolution, the Provost will initiate formal proceedings for termination, which shall be accompanied by a clear and concise Statement of Grounds for Termination. A copy of the Statement of Grounds for Termination shall be provided to the affected faculty member and to the Faculty Executive Committee.
   2. If Formal Proceedings move forward, the faculty member who is being recommended for termination may request a hearing before a Hearing Committee to challenge the grounds for termination using the procedures set forth in Section VI.
4. Termination Hearing Procedures
   1. While the specifics of the hearing shall remain within the province of the Hearing Committee, the following procedures will be followed:
      1. The hearing will not be open to either members of the College community or the general public.
      2. The parties to this proceeding are the Administration on behalf of the College and the faculty member subject to termination.  Each party shall have the right to counsel of their choosing, to present relevant witnesses and documents, and to examine and cross-examine all witnesses.
      3. A record of the proceedings shall be maintained and available to both parties.
   2. Hearing Committee Report. Within twenty calendar days from the conclusion of its proceedings, the Hearing Committee shall provide the President and the faculty member who has been recommended for termination with a report of its findings and recommendation.
5. Hearing Committee Recommendation
   1. Termination Recommendation.  If the Hearing Committee concludes that the appointment should be terminated, the President shall immediately transfer the matter to the Academic Affairs Committee of the Board of Trustees with a recommendation that the appointment be terminated.
   2. Non-Termination Recommendation.  If the Hearing Committee does not recommend termination, and the President disagrees, the Hearing Committee and the President shall meet in an attempt to secure a consensus before further action is taken.  This meeting should occur within twenty calendar days of the President receiving the Hearing Committee’s report.  If, after such conference, the President maintains that the appointment should be terminated, they shall forward that recommendation to the Academic Affairs Committee of the Board of Trustees, along with a copy of the report of the Hearing Committee. 
6. Appeal to Board of Trustees Academic Affairs Committee
   1. Within fifteen calendar days from the date a faculty member is served with notice that a termination recommendation has been submitted to the Academic Affairs Committee, they may submit a written appeal of the Hearing Committee’s determination to the Academic Affairs Committee.  Copies of the request for review shall be simultaneously given to the Hearing Committee and to the President.
   2. Within twenty calendar days from the date of requesting a review of their termination, the faculty member shall submit a position statement, including a detailed basis for appeal, with support from the record that was before the Hearing Committee.
   3. The Hearing Committee and the President shall have twenty calendar days from receipt of this statement to file a reply with the Academic Affairs Committee.
   4. No later than the date for submission of their written statement or reply, the faculty member involved, the Hearing Committee, or the President may request to appear by themselves or with counsel before the Academic Affairs Committee to present their positions.  Each party shall be allowed to appear before the Academic Affairs Committee if a request is granted to any party.
7. Academic Affairs Committee Decision
   1. Additional Evidence Gathering.  The Academic Affairs Committee shall consider only the record of the Hearing Committee’s proceedings and the parties’ written arguments unless it approves a request by either party to submit evidence that was not available or discovered at the time of that hearing.  On its own motion, the Academic Affairs Committee may also conduct further, relevant factual inquiries.
   2. Finality.  The Academic Affairs Committee of the Board shall act for the Board in all matters under this Section and inform the Board of its decision.  That decision will be final and binding for all parties of the proceeding.

C. Suspension

A faculty member will not be terminated while the above procedures are pending. If, however, the President determines that harm to the faculty member, to others in the College community, or to the College itself could result form continuance, then the faculty member may be suspended. The President shall meet with the Faculty Executive Committee to discuss the reasons for and conditions of the suspension as soon as possible.