Appeal Procedures in Cases Involving Termination or Reassignment of Faculty Appointments

4.2  APPEAL PROCEDURES IN CASES INVOLVING TERMINATION OR REASSIGNMENT OF FACULTY APPOINTMENTS PRIOR TO THE END OF THE SPECIFIED APPOINTMENT (CONTRACT) TERM   

The University Faculty Appeals and Grievance Committee (FAGC) shall make findings of fact, conclusions, and recommendations in a timely manner and issue a written report to the Provost and the faculty member(s).  The findings of the University Faculty Council (UFC) shall be introduced.

4.2.1  FAGC Consideration    The FAGC shall consider the following as part of deliberations.

4.2.1.1  Whether the administration followed the procedures set forth above (the FAGC may consult with the UFC as needed).  If the FAGC discovers a procedural irregularity, it shall indicate to the Provost in writing the nature of the irregularity and the point at which the process should resume.

4.2.1.2  The existence and extent of the condition of financial exigency or the conclusion that the educational mission of the University as a whole will be enhanced by the discontinuance of a program or department of instruction, if the UFC has not affirmed the decision of the administration.  In that case, the burden shall rest with the administration to demonstrate its case.  If the UFC has affirmed the decision, the FAGC will not reevaluate the decision.

4.2.1.3  The validity of the educational judgments and criteria used to determine which appointments are to be terminated.

4.2.1.4  Whether the criteria are being properly applied in the individual case.

4.2.2  FAGC Findings    If the Committee (.1) finds no procedural irregularities meriting reconsideration of the administrative decision to terminate, (.2) does not disagree with (or does not reevaluate) the decision as to the existence of financial exigency or that discontinuance will enhance the educational mission, (.3) does not find invalid the judgment and criteria for selecting appointments for termination, and .4) does not find misapplication of those criteria in the case at hand, its decision shall be final, subject to appeal as described below.

4.2.3  Provost Review of FAGC Findings    In all other cases, within thirty calendar days of receipt of the report, the Provost shall (1) provide an opportunity for written response by the faculty member, (2) accept or reject the recommendation of the FAGC, and (3) state the reasons for acceptance or rejection in writing to the FAGC and the faculty member.

4.2.4  Appeal of Findings by FAGC and/or the Provost    If the FAGC or the Provost recommends termination, the faculty member will then have 30 calendar days after receipt of notice from the Committee or Provost, respectively, to appeal the decision to the President and the Board of Visitors per the procedures outlined in §4.5.