Skip to content
x
  
  
TOC button

page 61

NON-REAPPOINTMENT, DISMISSAL, AND SEPARATION OF FACULTY

 

Phasing Out of Programs or Financial Exigencies

 

Notice of Reduction in Force

            The phasing out of institutional programs or financial exigencies, which causes a reduction of faculty, may require exceptions to the normal tenure policy.  In these cases, the faculty involved in the reduction will be given every advanced notice possible and every effort will be made by the University to place the affected faculty in other available positions in the University’s employment for which they are qualified (TAMUS Policy 12.01, Section 7.2).

 

Hearings

            Faculty members whose reappointments are to be terminated as a result of phasing out of institutional programs or financial exigencies which cause a reduction in faculty will be entitled to a hearing before an appropriate faculty committee.  The hearing shall include the following procedures (TAMUS Policy 12.01, Section 7.3.4):

 

            1.         The faculty member will be furnished with adequate written statements of the

                        basis for the initial decision to lay off;

            2.        The faculty member will be provided with a reasonably adequate description of

                       the manner in which the initial decision was made;

             3.        The faculty member will be provided with adequate disclosure of all information

                       and data upon which the decision-makers have relied; and,

             4.        The faculty member will be provided with adequate opportunity to respond.

 

            In a hearing the burden of proof rests with the faculty member to establish a preponderance of the evidence that his or her termination was based upon an illegal reason or was arbitrary or unreasonable.  Also, any faculty member involved in such a readjustment process has the right to reappointment to his or her previous position if it is re-established within two calendar years (TAMUS Policy 12.01, Section 7.3.5).

 

Individual’s Value to Program

            A person’s value to a department will be the prime consideration in a staff reduction.  Tenured faculty will have retention preference over non-tenured faculty unless the termination of the program would result from the loss of the non-tenured member.  In the latter situation, if deemed feasible by the department chair involved, a tenured person may be given an opportunity to become competent in an area essential to a program and thus regain priority.  In situations where all other factors are equal, decisions will be based on merit, rank, and then length of service.

TOC button

page 62

Non-reappointment

            Notice of non-reappointment, or of intention not to reappoint a tenure-track faculty member, shall be given in writing in accord with the following standards:

 

             1.       Not later than March 1 of the first academic year of probationary service, if the

                      appointment expires at the end of the academic year; or, if a one-year appointment

                      terminates during a year, at least three months in advance of its termination;

             2.       Not later than December 15 of the second year of probationary service, if the

                      appointment expires at the end of that academic year; or if an initial two-year

                      appointment terminates during an academic year, at least six months in

                      advance of its termination;

             3.      At least twelve months before the expiration of a probationary appointment after

                     two or more years in the institution.

 

            Good cause for dismissal of a faculty member with tenure will related directly and substantially to the performance of professional duties, and may include, but shall not be limited to (TAMUS Policy 12.01, Section 4.3):

 

             1.      Professional incompetence;

             2.      Continuing or repeated failure to perform duties or meet responsibilities to the

                     institution or to students or associates;

             3.     Failure to successfully complete a post-tenure review Professional Development

                    Plan;

             4.     Moral turpitude adversely affecting the performance of duties or the meeting of

                    responsibilities to the University, or to students or associates;

             5.    Violation of System policies, System regulations, University or agency rules, or

                    laws substantially related to performance of faculty duties or meeting of

                    responsibilities to the institution, students, or associates;

             6.    Conviction of a crime substantially related to the fitness of a faculty member to

                   engage in teaching, research, service/outreach, and/or administration;

             7.   Unprofessional conduct adversely affecting to a material and substantial degree

                   the performance of duties or the meeting of responsibilities to the University,

                   or to students or associates;

              8.   Falsification of academic credentials;

TOC button

page 63

              9.  Bona fide financial exigency or the phasing out of institutional programs

                   requiring reduction of faculty (see previous section); bona fide financial

                   exigency means a pressing need to reorder the nature and magnitude of

                   financial obligations in such a way as to restore or preserve the financial

                   stability of any component of The Texas A&M University System; a bona

                   fide financial exigency may exist without the entire component being

                   affected (TAMUS Policy 12.01, Section 8.2.1); or,

            10.  The reduction or discontinuance of institutional programs based on educational

                  considerations and requiring the termination of faculty members.

 

            A faculty member with tenure shall not be dismissed until she/he has received reasonable notice of the cause for dismissal in writing and only after an opportunity for a hearing, which shall meet the established procedures of due process and in which the University shall bear the burden of proving by a preponderance of the evidence good cause for dismissal.

            A non-tenured faculty member, having a grievance regarding the non-renewal of his or her contract, has the right to have a hearing before a University administrator (TAMU Board of Regents Agenda Item #35, July 28, 2000).[6]  The procedure at Texas A&M International University, approved by the President, September 3, 2000, ordains that the grieving faculty member will select a dean, other than that of his or her own college, who will hear the grievance.  The outcome of the hearing will be communicated to the faculty member concerned and the Provost, who will in turn present the report together with a recommendation to the President.  The President’s decision will be final.  In cases in which the faculty member challenges the non-renewal on grounds of discrimination, infringement of academic freedom, or the existence of an illegal reason [e.g., a decision based on race, sex, age, national origin, or made in retaliation for the faculty member’s exercise of protected First Amendment rights], he or she is entitled to the due process procedures as provided under Discharge for Cause, below.

 

Separation

 

Resignation

            As professional educators and scholars, it is expected that a statement of resignation will be made in writing, and it will be presented to the appropriate college Dean and department chair with adequate notice so as not to inconvenience the student body.

 

Retirement

            Employment of a formerly tenured faculty member after retirement will be on a non-tenured status.  Such post-retirement employment does not accrue toward the resumption of tenure status.  These positions filled by retired faculty may not exceed a total of ten percent of the FTE positions in a college.  Complete retirement conditions, definitions and constraints are detailed in TAMUS Policy 31.07 and are available from the Office of Human Resources.



[6]  This portion of the text constitutes explanatory text that was added to the State’s directive.

TOC button

page 64

Failure to Meet Standards

            All employees of the University, including faculty, are employed with the expectation that they are able to fulfill the standards of the position for which they were hired or into which they were promoted.

 

Discharge for Cause – Criteria and Procedure

 

            The procedure for non-renewal of non-tenured faculty at the end of any term contract (other than a one-year-only contract which has not been renewed) shall have the following components.

 

            1.         The University is not legally required to give a non-tenured faculty member a

                        reason for a decision not to reappoint for another term or to provide a hearing.

                        Generally, faculty members are entitled to see their personnel files and to obtain

                        a copy of those files at the faculty member’s expense.

            2.         A decision not to reappoint a non-tenured faculty member may not be made in

                        violation of the academic freedom of the individual or for an illegal reason.  If a

                        non-tenured faculty member makes allegations concerning the decision not to

                        reappoint which, if proved, would establish a violation of academic freedom or

                        the existence of an illegal reason (e.g., a decision based on race, sex, age or            

                        national origin, or made in retaliation for the faculty member’s exercise of

                        protected First Amendment rights), the faculty member is entitled to the due

                        procedures provided in the following subsections to determine the validity of his

                        or her allegations.  It is the responsibility of the faculty member to make the

                        administration aware of his or her allegations, in writing.

            3.         On request, the faculty member is entitled to a preliminary consideration by a

                        faculty committee of his or her allegations of a violation of academic freedom or

                        the existence of an illegal reason for the decision not to reappoint.  If the

                        committee determines that there is adequate evidence to support the faculty

                        member’s allegations, then the faculty member will be entitled to the due process

                        procedure as specified below.

 

Due Process

 

            Due process, as set forth in this statement, embodies a course of professional proceedings in line with the rules and principles recognized in the academic community.  Among these is the right of tenured and non-tenured faculty members, during the term of their contracts, to a fair hearing before a faculty hearing committee.

 

            1.        When a reason arises to question the fitness of a faculty member, the appropriate

                       administrative officers will discuss the matter with the faculty member in a

                       personal conference.  The matter may be resolved by mutual consent or it may

                       result in a notice of termination.  In the event of a notice of termination, the

TOC button

page 65

                       faculty member may request an advisory committee (within five business days),

                       discuss alternatives with the Faculty Ombuds Officer, resign or accept

                       termination, or request a hearing (below).

            2.        If an advisory committee is requested, the Faculty Senate president (or president’s

                       designee) will appoint a committee of three tenured faculty.  The committee will

                       make such inquiry as it deems necessary, offer confidential advice to both the

                       faculty member and administration, and attempt to affect an adjustment or

                       resolution.  The proceedings of the advisory committee are not evidentiary and do

                       not comprise a hearing of any kind.  The advisory committee must complete all its

                       deliberations and communications with the faculty member and administration

                       within 15 days of the creation of the committee.

            3.       If the faculty member desires a hearing rather than resigning or accepting

                      termination, he or she should notify the Provost within 30 days of notification

                      of termination.

            4.       The Provost may initiate a hearing whether or not one is recommended by the

                      advisory committee or requested by the faculty member within 30 days of the

                      notification of termination.

            5.      If a hearing is initiated, the Faculty Senate president (or designee) will select a

                     panel of eight tenured faculty members, and from this panel the Provost will

                     appoint five faculty members to serve on the hearing committee.  The hearing

                     committee shall not overlap the advisory committee (above).  The Provost shall

                     notify the faculty member, in writing, within 30 days of the decision to conduct a

                     hearing, that the hearing is to be initiated, and that there is reasonable cause to

                     believe that the charges constitute good cause for dismissal.

            6.      Both the University and the faculty member have the right to call witnesses and to

                     be represented during the hearing.  The faculty hearing committee will review

                     evidence, written and oral statements, and determine its findings.  The hearing

                     procedure shall be spelled out, known in advance, and shared with the concerned

                     parties.

            7.     The findings of the hearing committee and its recommendations will be conveyed

                    in writing to the faculty member, the President, the Provost, and other appropriate

                    administrative officers.

            8.     The faculty member may appeal the decision to the President.  The faculty

                    member should submit a written appeal to the President within 20 days of the

                    forwarding of recommendations to the President.  The President will make a final

                    decision within 20 days of the receipt of an appeal.  Decisions regarding

                    non-renewal of non-tenure-track faculty members made by the President

                    are final.

TOC button

page 66

            9.    If the President recommends termination of the faculty member, the

                   recommendation will be forwarded to the Chancellor according to

                   TAMUS Policy.