309 Policies and Procedures Relating to Severance
 
It may be necessary, on occasion, for the University or the individual faculty member to sever the professional relationship. In order to protect the interests of both parties, the various types of severance (non-reappointment, resignation, termination, dismissal) are here defined, and the policies and procedures related to each category are accordingly set forth.

309.1 Notice of Non-Reappointment

Because all initial probationary contracts to the ranked faculty at Troy University are made with the understanding that both the University and the appointee will engage in a period of mutual evaluation prior to establishing a continuous association, a severance prerogative rests with either party. The term non-reappointment means that the University has decided not to renew an appointment at the conclusion of its term. A major responsibility of Troy University is to recruit and retain the best qualified faculty within its means. Therefore, wide latitude, consistent with academic freedom and due process, is accorded the department chair and the dean in meeting this responsibility. The decision not to reappoint a tenure-track faculty member rests, in the final instance, with the Executive Vice Chancellor and Provost. Such decisions are normally made in consultation with the department chair and the dean and with the approval of the Chancellor. Recommendations for non-reappointment normally originate from the immediate supervisor. Because a notice of non-reappointment is not a dismissal for cause, it would be unnecessary and inappropriate for the University to set forth its reasons. Written notice of non-reappointment during the probationary period will be given to the faculty member in advance of the expiration of the appointment:
  1. not later than March 1 of the first academic year of service if the appointment expires at the end of that year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination;
     
  2. not later than December 15 of the second academic year of service if the appointment expires at the end of that 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 an appointment after two or more years of service to the University.

309.2 Notice of Renewal

Faculty members will ordinarily be notified of the terms and conditions of renewals by March 15, but in no case later than April 30. Faculty members should keep in mind that legislative appropriations are not known at the time renewals are issued and that they will be notified of salary increases only after appropriations are announced and the Board of Trustees has approved a budget.

309.3 Resignation

Resignation is a severance action by which a faculty member severs the relationship with Troy University.

A faculty member may resign at the end of an academic year provided that he/she gives notice in writing at the earliest possible opportunity, but not later than fifteen calendar days after receiving notification of the terms of his/her appointment for the coming year. The faculty member may request an extension of this time period in case of hardship, in a situation in which he/she would otherwise be denied substantial professional advancement or other opportunity, or in case of prolonged mental or physical illness. (A prolonged period is one that is expected to continue beyond an academic or a calendar year.) If a resignation is for reasons of prolonged mental or physical illness, the University, in consultation with the individual and/or his/her representative may consider whether a leave of absence would be appropriate and beneficial for all parties concerned.

309.4 Termination

Termination is a severance action by which the University terminates the services of a faculty member before the expiration of his/her contract because of circumstances not related to performance. Prolonged mental or physical illness, financial exigency, or changes in the educational program are causes for termination of tenured faculty. Prolonged mental or physical illness or financial exigency are causes for the termination of probationary faculty before the expiration of their current contracts.

309.4.1 Prolonged Mental or Physical Incapacity

Termination for medical reasons will be based upon clear and convincing medical evidence. The decision to terminate for such reasons will be made only after the faculty member or his/her representative has been informed in writing of the basis of the proposed action and has been afforded an opportunity to respond to the proposed action. Whenever there is a question of mental or physical incapacity, University administration will determine if such illness is included in the Americans With Disabilities Act (ADA). The University reserves the right to require a medical examination by a physician, subject to a right to obtain a third opinion in the event of any disagreement.

A faculty member who is to be terminated for reasons of prolonged mental or physical incapacity shall be informed of any disability programs for which the faculty member may be eligible.

A faculty member may appeal a proposed termination resulting from prolonged mental or physical incapacity by requesting an on-the-record adjudicative hearing by a subcommittee of the Personnel Advisory Committee. The Personnel Advisory Committee will submit its recommendations to the Chancellor for a final disposition.

309.4.2 Financial Exigency

The term financial exigency is defined as an imminent financial crisis which threatens the economic viability of the University as a whole and which cannot be alleviated by less drastic means.

Upon consultation with the Faculty Council, the Chancellor will seek approval from the Board of Trustees to declare officially that a condition of financial exigency exists or is imminent, and that all feasible alternatives to termination of appointments have been pursued. In considering how to deal with the financial situation, the retention of a viable academic program must be the primary goal, and it should be demonstrated that the faculty is not bearing an undue proportion of the essential economics.

Proposals for necessary program reductions will be submitted to the Faculty Council from the Academic Council, the Graduate Council, the Faculty Personnel Advisory Committee, the Institutional Effectiveness Committee, and from the concerned departments or divisions and related areas of academic concentration on the short-term and long-term viability of the proposed program reductions. The Faculty Council will evaluate these proposals and tender recommendations to the Chancellor. Final approval rests with the Board of Trustees, which may require the Faculty Personnel Advisory Committee to monitor the entire procedure.

When such reductions are considered, tenure rights will be protected insofar as possible. If it becomes necessary to terminate tenured faculty members, the Chancellor shall instruct the chair of the Faculty Council to appoint an ad hoc sub-committee of elected Council members to determine the criteria for identifying individuals whose appointments are to be terminated.

Once a faculty member has been given notice of proposed termination of appointment, the following procedures will apply:
  1. The faculty member will have the right to a full, on-the-record adjudicative hearing before a sub-committee of the Faculty Council. Issues in such a hearing will be restricted to the following:
    1. The existence and extent of the condition of financial exigency. The burden will rest on the administration to prove the existence and extent of the condition, and the findings of a faculty sub-committee in a previous proceeding involving the same issue may be introduced.
       
    2. The validity of the educational judgments and the criteria for identification for termination; however, the recommendations of the Faculty Council on these matters shall be considered presumptively valid.
       
    3. The validity of the educational judgments and the criteria for identification for termination; however, the recommendations of the Faculty Council on these matters shall be considered presumptively valid.

     
  2. The sub-committee of the Faculty Council will submit a recommendation in each such case to the Chancellor. The Chancellor may request a review of the hearing by the Faculty Personnel Advisory Committee prior to submitting the recommendation to the Board of Trustees.
     
  3. In the event it becomes necessary for the University, because of financial exigency, to terminate appointments, the University will not at the same time make new appointments except in extraordinary circumstances in which a serious distortion in the academic program would otherwise result. Similarly, a tenured faculty member will not be terminated in favor of retaining a non-tenured faculty member, except in extraordinary circumstances in which a serious distortion of the academic programs would otherwise result.
     
  4. Before a faculty member is terminated because of financial exigency, the affected faculty member is entitled to appear before a sub-committee of the Faculty Council and the Faculty Personnel Advisory Committee so that these groups may recommend to the Chancellor whether or not the faculty member should be awarded a teaching appointment in another discipline or appointed to another suitable position within the University.
     
  5. Whenever a faculty member is not reappointed because of financial exigency, the faculty member will receive notice or salary in accordance with the following schedule: at least three months, if the final decision is reached by March 1 of the first year of probationary service; at least six months, if the decision is reached by December 15 of the second year of probationary service; at least one year, if the decision is reached after eighteen months of probationary service or if the faculty member has tenure.
     
  6. If a tenured faculty member is terminated for reasons of financial exigency, the released faculty member's position will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reappointment with tenure at the rank held at the time of termination and has been given at least one month within which to accept or decline the proposed appointment.

309.4.3 Changes in the Educational Program

Internal Decisions

Termination of a tenured faculty member may occur as a result of the formal discontinuance of a program or department of instruction. The decision to formally discontinue a program or department of instruction must be recommended by the Executive Vice Chancellor and Provost, the appropriate councils, and the Chancellor and be approved by the Board of Trustees. Such decisions will be based upon educational considerations which reflect the long-range judgment that the educational mission of the University will be enhanced by the change(s) and will not be based upon cyclical or temporary variations in enrollment.

Prior to issuing notice to a faculty member of the University's intention to terminate an appointment because of formal discontinuance of a program or department of instruction, every reasonable effort will be made to place the affected faculty member in another suitable position. If placement in another position is feasible by a reasonable period of formal training, financial and other support for such training will be proffered. In the event no such position is available within the University, as determined by a sub-committee of the Faculty Council and the Faculty Personnel Advisory Committee, with or without retraining, then the faculty member will be terminated. Severance salary, up to a maximum of the faculty member's annual salary, will be based upon the length and quality of previous service to the University.

External Decisions

In the event an agency of the federal or state government decrees the formal discontinuance of a department or program of instruction, the University will make every effort to attempt to work with the appropriate agency to provide for suitable relocation or adequate compensation if severance becomes necessary.

A faculty member may appeal a proposed relocation or termination resulting from the formal discontinuance of a program by requesting an on-the-record adjudicative hearing by a subcommittee of the Faculty Council. In each such hearing, a determination by the elected faculty members of the Undergraduate Academic Council or Graduate Academic Council that a program or department is to be discontinued will be held presumptively valid. A sub-committee of the Faculty Personnel Advisory Committee will submit their recommendations to the Chancellor for a final disposition.

309.5 Dismissal

Dismissal is a severance action by which the University ends its professional relationship with a tenured faculty member for adequate cause. Dismissal is also the means by which the University removes for adequate cause a faculty member from service before the end of an appointment.

Adequate cause for dismissal must be directly and substantially related to the fitness of a faculty member to continue in a professional capacity as a teacher. Adequate cause shall include, but is not necessarily limited to, the following:
  1. Professional incompetence.
     
  2. Continued neglect of academic duties.
     
  3. Grave personal misconduct.
     
  4. Deliberate and grave violation of the rights and freedoms of fellow faculty members, administrators, or students.
     
  5. Repeated failure to follow the established policies and procedures of the University.
     
  6. Conviction of a felony directly related to the faculty member’s fitness to practice his profession.
Prior to a proposed dismissal, the Executive Vice Chancellor and Provost will give the faculty member involved a written statement of reasons, framed with reasonable particularity. Because of the nature of proposed dismissal, no fixed time can be specified for notice; however, such action is usually not taken without prior discussions with and written warnings to the faculty member where such is practicable.

309.5.1 Hearings

Tenured faculty members and probationary faculty members proposed for dismissal before the end of their appointments shall be notified in writing (as outlined in Section 3.8 Policies and Procedures Relating to Severance). The faculty member, in turn, shall respond in writing within ten class days of receipt of such notice if he/she wishes a hearing. He/she shall then have the opportunity of a hearing before a subcommittee of the Faculty Council.

309.5.2 Hearing Procedures

Hearings described in Section Policies and Procedures Relating to Severance shall be held before a subcommittee of the Faculty Council. This subcommittee shall consist of five members of the Council mutually agreed upon by the chair of the Council and the affected faculty member. To facilitate mutual agreement, the chair of the Council and the affected faculty member may alternate strikes from the council membership until five members remain. The sub-committee will not be bound by strict legal rules of evidence, but may admit any evidence which is of probative value in determining the issues involved. The faculty member will be permitted an adviser or counsel of his/her own choice, at his/her expense, and will be afforded an opportunity to present witnesses and documentary evidence bearing on the issues involved. Moreover, the faculty member has the right to confront adverse witnesses and will be provided a transcript of the proceeding.

Public statements and publicity about the case are to be avoided by all parties concerned so that an atmosphere conducive to a fair and impartial hearing may be maintained.

A reasonable time shall be set aside to conduct the hearing in order to provide ample time for presentation of all materials by both parties. Pertinent materials should be distributed to the subcommittee at least one week in advance of the scheduled hearing. No non-tenured member of the Faculty Council should be asked to serve on the sub-committee conducting the hearing. A general outline of the order of procedure should be provided by University counsel to the chair of the sub-committee. A list of all involved persons, such as witnesses, will be distributed to the members of the subcommittee at least one week prior to the hearing.

Based upon the evidence presented, the subcommittee will then make such recommendations of the Personnel Advisory Committee in each case as it deems appropriate. The Personnel Advisory Committee will, in turn, review all evidence presented in a case, and will forward its recommendations, along with those rendered by the subcommittee conducting a hearing, to the Chancellor. In the event that a subcommittee of the Faculty Council is unable or unwilling to make a recommendation (i.e., majority vote) in an individual case, the faculty member will then be given a formal hearing by the Personnel Advisory Committee.