5.12 Grievances Pertaining to Termination of Tenured Faculty
The termination of faculty with tenure may occur only in special circumstances--resignation or retirement, medical reasons, financial exigencies, discontinuance of a program in which the faculty member serves, or dismissal for adequate cause. In all cases, the faculty member shall be informed in writing of the rationale for the decision to terminate his/her appointment and shall be permitted to appeal the decision before the Grievance Committee.
When the decision for termination is based upon a bona fide financial exigency or the discontinuance of a program, the university will provide the faculty member, in writing, with the rationale and other evidence in support of the decision. The faculty member may request, within 30 days, that the case be reconsidered by the Grievance Committee, with the faculty member maintaining the right to present evidence in support of his or her appeal. After hearing both sides of the case, the committee will make a recommendation to the provost, with copies forwarded to the faculty member and the college dean.
When, in the faculty member's judgment, adequate consideration of the evidence was not given in the decision for termination, he/she may file an appeal for re-consideration of the case to the Grievance Committee within 30 days of the notification of termination. The term "adequate consideration" encompasses essentially procedural rather than substantive issues.
After reviewing the case with a view toward rectifying the alleged procedural irregularities, the Grievance Committee shall make its recommendation, in writing, to the provost, with copies forwarded to the faculty member and the college dean. When, in the faculty member's judgment, considerations that violate academic freedom or civil rights have significantly influenced a decision for termination, he/she may file an appeal, within 30 days of the notification of termination, for a hearing before the Grievance Committee. In such cases, the faculty member is responsible for stating the grounds upon which the allegations are based; the burden of proof shall rest upon him or her. Participants in the decision for termination shall be permitted to present the evidence in support of the decision and otherwise to answer the allegations brought by the aggrieved faculty member. When both sides of the case have received an adequate hearing, the Grievance Committee shall make a recommendation in writing to the provost as to the disposition of the case, with copies forwarded to all the parties concerned and the college dean.