Proposed Revision to 710.2.1 - Faculty; Financial Exigency
Board policy:
The
Board of Regents may terminate tenured faculty members of a unit campus of
the University System for reasons of financial exigency of that unit campus or discontinuance or reduction of a program or department of
instruction.
1. Financial
Exigency
Financial
exigency exists when a University System unit's campus’s budget
for faculty member services is insufficient to sustain the current number of
faculty positions taking into account anticipated attrition and non-renewal
of probationary appointments.
2. Program
Reduction or Discontinuance
Staffing
in a program or department may be discontinued or reduced following:
a. A system-wide or campus level review
of the particular program or department, or
b. A sustained decline in enrollment or shift
in student interests adversely affecting the program or department.
Each
campus may develop separate procedures to implement these policies.
In the
absence of separate campus procedures approved by the Board of Regents upon
recommendation by the Commissioner the following procedures shall apply.
Procedures:
The
President or Chancellor will prepare a
preliminary report with recommendations when he believes termination of tenured
faculty at his institution campus is
necessary under this policy. The report
shall explain the need to invoke this policy, and shall include a projection of
the number of tenured faculty involved, the programs or departments where the
terminations will occur, and any relevant data. This report shall be submitted to an ad hoc campus committee at
least 60 days before the matter is considered by the Commissioner of Higher
Education and by the Board.
In
determining whether this policy should be invoked and in selecting the areas
where the terminations will occur, consideration shall be given to the institution's campus’s responsibility to offer an appropriate range of courses and
programs and to maintain a balanced institutional effort that is responsive to
the needs of the students and the state.
The ad
hoc committee shall consist of six faculty members, three appointed by the
President or Chancellor, three appointed by the
faculty senate, as well as one student appointed by the President of the
student governing body. No member may
be from any program or department affected by the President's report. The members must be appointed by the
appropriate appointing authority within 5 days following request by the
President or Chancellor. The President or Chancellor shall
make the appointments if the appointing authority fails to do so.
The ad hoc committee shall afford
affected programs and departments an opportunity to comment on the President's President
or Chancellor’s and Committee's recommendations. The committee shall complete its work within
45 days after the President or Chancellor has sent his report to
committee members. The President or
Chancellor and the committee may agree upon a single report, or
may submit separate reports to the Commissioner and Board. If the Committee fails to submit a report to
the President or Chancellor within 45 days, the
President or Chancellor will submit his report
to the Commissioner and the procedure will continue.
The
Board will make the final decision on termination of tenured faculty under this
policy following review and consideration of the Committee's and President's President
or Chancellor’s report(s) and the Commissioner's recommendations.
Terminations
will be in reverse order of seniority by the department or program which has
been identified by the Board, unless an exception to the order of seniority is
necessary to assure that the qualifications of the remaining appointees meet
the requirements of the programs to be retained. Seniority is measured by the faculty member's full-time
equivalent professional service at the institution campus. Service as a graduate assistant or student
employee does not count as service for seniority purposes. Between faculty members of equal length of
service, the member with the greater number of years of service in the higher
rank shall have retention priority. The
academic year shall be deemed to be a year of service and no additional
seniority shall be accrued for any assignment beyond the academic year. No tenured faculty member shall be
terminated if non-tenured faculty members are retained in the same
discipline to teach courses the tenured faculty member is qualified and capable
of teaching as determined by the President or Chancellor.
Before
terminating a tenured faculty member under this policy, the institution will
make a reasonable effort to place the affected member in another academic
position for which he/she is qualified at the institution campus. The position of any tenured faculty member
terminated under this policy will not be filled for a period of two years
unless the person terminated has been offered reinstatement. The person shall have thirty days in which
to accept an offer of reinstatement.
Any
tenured faculty member selected for termination under this policy shall be so
informed a minimum of twelve months prior to the date of termination. Any tenured faculty member notified of
termination may appeal the termination to the Commissioner of Higher Education
and the Board of Regents pursuant to the Board Policy in effect when the notice
is given, but only on the grounds that the procedures contained in this policy
were violated.
History:
Item 26-017-R0380,
Termination of tenured faculty due to financial exigency and program
discontinuance and reduction; Montana University System, March 10, 1980.