3.062 Termination of Employment and Appeal of Termination for Tenured Faculty

1. 1. Action under this policy will follow action under Senate Policy 3.061, Academic Office Initiated Evaluations. If the continuous employment of a tenured Faculty member is to be terminated, the individual will be given a written, confidential notice not less than six) months prior to the date on which the termination would become effective. This notice will contain a statement of cause and indicate the source of the charges. Adequate cause for dismissal will be related directly and substantially to teaching effectiveness. Dismissal will not be used to restrain Faculty members in their exercise of academic freedom or other rights of American citizens.
      Such a notice must be approved by the College President.  The time limits of this policy may be adjusted by written mutual consent of the parties concerned.  The Senate President has the authority to adjust timelines as deemed necessary because of extraordinary circumstances.^[1]
   2. A tenured Faculty member who receives a notice of termination will, within thirty days, elect in writing to resign, accept the termination, or initiate the procedure for contesting the termination. Failure to respond implies acceptance.
      1. This procedure for contesting termination will proceed at such a rate as to be completed within six months of the notification of termination.
      2. The burden of persuasion will, at all stages of this procedure, rest with the Chief Academic Officer. Burden of persuasion will be defined as the burden of convincing two-thirds of the tenured Faculty of the appropriate Division, the appropriate academic dean, two-thirds of the voting members of the Faculty Executive Committee (FEC), the Chief Academic Officer, College President, and the Board of Trustees that the charges are valid.
      3. Both parties have the right to have an attorney present in an advisory capacity only at all times during the process of contesting termination. Attorneys for either party may not actively participate in the proceedings.  Scheduling of proceedings under this policy shall not be unduly impacted by the availability of counsel for one of the participants.^[2]
      4. At any point in the process, those bringing the action may withdraw their complaint. Once withdrawn, however, the process may not be reinstated for the same occurrence without new evidence. In the event of a reinstatement of the complaint, all previous evidence may be used.
      5. At any point in the process, the Faculty member may either resign or accept the termination.
   3. Procedure
      If at any point in this procedure the decision of a reviewing officer or group is not appealed by either party, the decision of that officer or group will prevail. Any step in this procedure may be waived by mutual written consent of both parties.  Once a hearing has been held and recorded, the parties may mutually agree in writing to waive any subsequent hearing and in that event the decision at that step will be based on the written record of any prior hearing(s).
      The hearing and decision making process for each collective Decision Maker (the FEC and the tenured Faculty of the Division) will be managed by its selected leader (Chairperson of FEC or the academic Associate Dean) or by that person’s designee.  In the event the selected leader is one of those bringing the action, the Senate President may designate a more neutral person from the ranks of Senate President, Senate Vice President, or a past Senate President, not previously involved in the action, who will manage the process.
      1. A Faculty member who elects to contest termination may request a hearing before the tenured Faculty of his or her division. At the hearing, those making the charges will appear and present the case against the Faculty member, and the Faculty member will have an opportunity to present a defense.  The tenured Faculty will convey their decision to the appropriate academic dean.
      2. If either the Faculty member or those bringing the action do not accept the decision of the division's tenured Faculty, either may appeal the decision to the appropriate academic dean. The appropriate academic dean will hold a hearing at which both parties may express their contentions and convey the decision to the Chief Academic Officer.
      3. If either the Faculty member or those bringing the action do not accept the decision of the appropriate academic dean, either may appeal to the FEC. After holding a hearing at which both parties express their contentions, the FEC will convey its decision to the Chief Academic Officer.
      4. If either the Faculty member or those bringing the action do not accept the decision by the FEC, either may appeal to the Chief Academic Officer. After holding a hearing at which both parties express their contentions, the Chief Academic Officer may find in favor of the Faculty member and thus terminate the process.  If the action against the Faculty member is upheld, the Chief Academic Officer will refer to the President.
      5. After holding a hearing at which both parties express their contentions, the President may find in favor of the Faculty member (and thus terminate the process) or uphold the action taken against the Faculty member.
      6. A grievance may not be initiated during this process. A grievance encompassing all relevant concerns may be filed upon completion of the process. Filing of a grievance will not change the date upon which the termination becomes effective. ^[3]

[1] Language as in 2.060, Grievance Procedure, at I.C.

[2] Language as in 2.060, Grievance Procedure, at I.D.

[3] See Senate Policy 2.060, Grievance Procedure.

Board Action 5262 – December 11, 2018
Board Action 4969 – Language change giving the College President final authority on personnel matters – November 13, 2012
Board Action 4677 – April 8, 2008
Board Action 2051 – January 12, 1982