2022 Governance Handbook > Part 3: Academic > 3.1 Personnel > 3.1.5 Teaching Faculty > 3.1.5.9 Termination of Service > 3.1.5.9.1 Reason for Termination

3.1.5.9.1 Reason for Termination

(Charter)

Except for during a faculty member's first three tenure-track years, when termination can be made without cause, tenure and tenure-track appointment may be terminated only for (1) adequate cause, (2) retirement or resignation, (3) program changes, or (4) financial exigency.

1. Adequate Cause

   Upon the recommendation of the President, a member of the faculty may be dismissed by the Board of Trustees (Board) for adequate cause, which shall include: (1) termination of membership in the Seventh-day Adventist Church; (2) serious or continuing violation of policies or procedures of the University; or (3) continuing substandard performance in academic duty as defined by Rank and Tenure policies (see 3.1.5.4 Responsibilities and 3.1.5.8 Review of Tenured Faculty)

   1. Before action is taken by the Board to terminate the services of a faculty member, the Chief Academic Officer (CAO) informs the faculty member in writing of the charges. If the faculty member feels that the charges are unfair, unethical, or discriminatory, he or she may initiate the grievance process outlined in 1.8 Grievances.

   2. In cases involving academic matters, the department chair and the Rank and Tenure Committee advise the CAO.

   3. Dismissal of a faculty member for adequate cause shall not result in the elimination of the faculty position unless steps 1-4 of the procedure for termination due to program changes are also followed.

2. Retirement or Resignation

   A faculty member who wishes to retire or resign from full-time employment at the University should give written notice to the CAO no later than nine months before the effective date of the retirement or resignation.

   1. Non-tenured appointments with faculty status are given on an at-will basis after retirement or resignation.
   2. Retirement or resignation shall not result in the elimination of the faculty position unless steps 1-4 of the procedure for termination due to program changes are also followed.

3. Program Changes

   A faculty position may be discontinued because of a decision to reorganize, eliminate, or significantly reduce the offerings in an academic program or department due to changes in the long-term academic needs of the University. Such decisions shall not be based on cyclical or short-term variations in enrollment, but rather on a significant and sustained decreasing trend in enrollment in the program or a judgment that the proposed change is in the best long term strategic interest and educational mission of the institution.

   If it is determined that a position within a program or department will be discontinued, the faculty member to be terminated will be identified in accordance with the criteria in 3.1.5.9.3 Criteria. The same position shall not be reinstated for a minimum of two years unless the terminated faculty member is first given the opportunity for reinstatement with the same rank and tenure status at the time of termination.

   The steps to be followed for the elimination of a faculty position due to program changes are listed below. For the process for the elimination of an entire program, see 3.3.2 Termination of Academic Programs.  

   Step 1. Academic Administration Proposal	If it is determined by Academic Administration that a program change may be necessary, it will prepare a proposal outlining the impacted departments or programs. The process is initiated by the CAO, in consultation with the President, the Chief Financial Officer, and University Master Planning Committee.
   Step 2. Departmental Review	The chairs and deans of the programs identified in the proposal will be asked to prepare a report addressing the proposed changes. The report will identify the specific faculty position(s) that will be impacted as part of the program change, address any inter-departmental impacts, and consider the potential positive and negative effects of the staffing change. The chair or dean will consult with department faculty to provide the greatest input possible in the preparation of their report.
   Step 3. Governance Committee Review	Evaluation of the program change proposal will be solicited concurrently from a combination of governance committees under the following guidelines. While input is required from the committees listed below, other committees may also be consulted.   Curriculum Committee reviews the effects of the proposed changes on the viability of individual academic programs and departments and considers any intra-disciplinary impacts, consulting General Studies Committee when appropriate.   Rank and Tenure Committee reviews the rationale and process used for determining the faculty reduction(s) and makes a written recommendation to administration on the appropriateness of the individual faculty member(s) identified for release, using the criteria outlined in 3.1.5.9.3 Criteria.   University Senate discusses the overall impact of the proposed reductions on the ability of the University to fulfill its mission.
   Step 4. Academic Administration Finalization	Academic Administration will review the departmental reports and all feedback supplied by governance committees, compiling a final proposal for the program change that identifies the faculty member(s) to be terminated.   The final proposal is provided to the President. If the proposal includes a recommendation for faculty reduction, the chair or dean and faculty member(s) designated for termination will be notified of this by Academic Administration.
   Step 5. Recommendation to the Board	After considering the final proposal and accompanying documentation, the President will submit a recommendation to the Board outlining the faculty position(s) designated for termination.
   Step 6. Faculty Member Notification	Upon Board approval, the President, in conjunction with Human Resources, will notify in writing the faculty member(s) designated for termination by the Board action.

   Note: Final notification to faculty member(s) to be terminated is intended to be completed by a week following the fall Board meeting but must be completed no later than January 31. The process will typically start during spring quarter.

4. Financial Exigency

   A faculty position may be discontinued during a period of “financial exigency.” Financial exigency is an imminent financial crisis that threatens the survival of the institution as a whole and that cannot be addressed by less drastic means than to terminate the appointments of tenured faculty. Unlike terminations due to program changes, terminations during a period of financial exigency will typically be made in multiple departments and may not be tied to significant and sustained decreasing trends in program enrollment.

   Financial exigency shall be declared by a two-thirds majority vote of the Board in a regular session or in a special meeting in which quorum is present. In order to invoke financial exigency, the Board shall review and evaluate the overall financial condition of the University. Examples of factors the Board may consider include a large operating deficit, an abrupt and significant decrease in enrollment, or a significant reduction in working capital. If the Board declares financial exigency, the period covered by that declaration shall end twelve months from the date financial exigency is voted by the Board. If the period of adverse financial circumstances has not ended, the Board may vote to renew the declaration of financial exigency under the same guidelines as the initial declaration.

   The process for terminating faculty positions under financial exigency is similar to the process for program changes, outlined above, but it uses an expedited timeline, allowing for greater efficiency while also honoring the program changes process to the greatest extent possible. When possible, steps may be conducted in parallel. A timeline for steps 4-8 will be established following the declaration of financial exigency by the Board. The minimum length of time this process will be conducted over is eight (8) calendar weeks. The maximum length of time this process will be conducted over is sixteen (16) calendar weeks.

   If, after a declaration of financial exigency, it is determined that a position within a program or department will be discontinued, the faculty member to be terminated will be identified in accordance with the criteria in 3.1.5.9.3 Criteria. The same position shall not be reinstated for a minimum of two years unless the terminated faculty member is first given the opportunity for reinstatement with the same rank and tenure status at the time of termination. 

   The steps to be followed for the elimination of faculty positions due to financial exigency are listed below.  For the process for the elimination of an entire program, see 3.3.2 Termination of Academic Programs.

   Step 1. Administration Preparation	Administration, under direction of the President, evaluates the financial and academic situation of the institution. If they determine that the criteria for declaring financial exigency are met and financial exigency should be declared, they send a proposal to University Master Planning Committee for review. This proposal should include the rationale for the declaration as it aligns with the required criteria, a specific metric or rubric for meeting financial goals, and a proposed plan for reductions at the institutional level.
   Step 2. University Master Planning Committee Review	University Master Planning Committee considers the effect of declaring financial exigency and evaluates the contents of the proposal to ensure it meets the required criteria. The chair of University Master Planning Committee provides a written summary of the committee's discussion and recommended changes to Administration.
   Step 3. Board Declaration	The President reviews University Master Planning Committee's response and includes it in the proposal to the Board to declare financial exigency.   If the Board does not declare financial exigency, the process ends with this step.   If the Board declares financial exigency, the President notifies faculty and staff that financial exigency has been declared and provides the rationale for the declaration.
   Step 4. Identification of Reductions	Academic Administration will construct a working list of impacted programs and/or faculty positions. This process will be done with the intent to find sustainable solutions, but it is not subject to the criteria in the process for program changes, outlined above. The CAO will notify chairs and deans of reduction metrics to be met and solicit information on departmental impact.   The chair or dean will prepare a response that outlines programmatic impact, which is created in consultation with department faculty to provide the greatest input possible in its preparation. This work may also be done in consultation with Curriculum Committee and General Studies Committee.
   Step 5. Reduction Decision	Academic Administration makes a final determination of the faculty position(s) to be terminated in order to meet required metrics.   The chairs and deans will be notified of the potential faculty to be terminated, and, in conjunction with the CAO, they will inform the individual faculty member(s) identified of their potential termination.
   Step 6. Governance Committee and Faculty Notice	Evaluation of the reductions will be reviewed concurrently by a combination of governance committees under the following guidelines. While input is required from the committees listed below, other committees may also be consulted.   Curriculum Committee reviews the notice, determining the effects of the changes on the viability of individual academic programs and departments and determining any intra-disciplinary impact, consulting General Studies Committee when appropriate. It crafts a plan for adaptation to ensure student graduation and education needs are met within new workforce restrictions. Information from the department reports should be consulted in this determination.   Rank and Tenure Committee reviews the rationale and process used for determining the faculty position(s) to be eliminated and crafts a written response for administration on the appropriateness of the individual faculty member(s) identified for termination, using the criteria outlined in 3.1.5.9.3 Criteria.   University Senate discusses the overall impact of the proposed reductions on the ability of the university to fulfill its mission.
   Step 7. Recommendation to Board	After considering the identified reductions by Academic Administration and the plans for implementation provided by the departments and committees, the President will submit a recommendation to the Board identifying the faculty position(s) designated for termination.
   Step 8. Faculty Member Notification	Upon Board approval, the President, in conjunction with Human Resources, will notify in writing the faculty member(s) designated for termination by the Board action.