8.1
Retirement or Resignation
8.1.1
Faculty members may retire or resign from their faculty appointments at UIU by submitting written notification to the CAO, who shall give prompt written acknowledgment of receipt of such notices. The faculty member should also copy the academic Dean.
8.1.2
Faculty who are retiring should submit written notification to the CAO no later than December 15 of the faculty member’s final contract year.
8.1.3
To promote the efficient operation of the University and ensure that the educational interests of students are met without interruption, a faculty member should not (except in extraordinary circumstances) separate from University employment on any effective date other than the conclusion of the faculty member’s Faculty Teaching Agreement or the end of an academic year. Faculty members resigning or retiring should strive to complete all tasks assigned and notify the Registrar of incomplete grades or other pertinent academic matters. Departing faculty should also review the office inventory with Human Resources, return all University property, secure electronic information as directed by the University’s Information Technology professionals, and otherwise complete all employee exit procedures with University Human Resources personnel.
8.2
Non-Renewal of Term Appointment
8.2.1
Non-tenured faculty members may also separate when the University allows an appointment, other than a tenured position, to lapse at the conclusion of the appointment without affirmatively renewing the faculty member’s appointment.
8.2.2
No faculty appointment shall continue past the conclusion of the appointment term except by affirmative act of the University.
8.2.3
Grounds for non-renewal may include any lawful basis for declining to renew an appointment, including, but not limited to, the fiscal or programmatic needs of the University or faculty performance or conduct issues.
8.2.4
As detailed in Chapter 4.10.2.8 above, the University will notify the faculty member of non-renewal and will, at the faculty member’s request, provide a brief written explanation of the grounds for non-renewal. Faculty members whose appointments are not renewed may challenge such decisions using the Faculty Appeal process described in Chapter 9.3.
8.3
Termination for Reasons Other than a Faculty Member’s Performance or Conduct
8.3.1
Tenured faculty members, as well as those serving on term appointments, may also be terminated for reasons other than resignation or non-renewal where, as set forth below, the faculty member is unable to perform the essential functions of the position, the faculty member is terminated in a condition of University financial exigency, or a faculty member is terminated consequent to program or department discontinuance. The termination situations set forth in this Chapter 8.3 do not constitute dismissals for cause, which are separately addressed in Chapter 8.4 below.
8.3.1.1
Termination for Inability to Perform Essential Functions of Position
8.3.1.1.1
Termination of any faculty appointment may occur because of the faculty member’s inability to perform the essential functions of the position, with or without reasonable accommodations.
8.3.1.1.2
Consistent with the American’s with Disabilities Act, the Upper Iowa University Department of Human Resources will conduct the required interactive dialogue if applicable.
8.3.1.2
Termination Due to Financial Exigency
8.3.1.2.1
Financial exigency is a severe financial crisis that fundamentally compromises the academic integrity of the institution as a whole and that cannot be alleviated by less drastic means. The University’s Board of Trustees has the ultimate governance responsibility to address the financial condition of the University and may, after review of the University’s financial situation, declare that a financial exigency exists due to a budget shortfall or other adverse financial condition. In such circumstances, faculty appointments, including tenured, probationary, or other appointments, may be terminated pursuant to the procedures that follow.
8.3.1.2.2
Should a declaration of financial exigency be made by the Board of Trustees, the University president or designee shall develop a proposed action plan to address the financial exigency and confer with the faculty as follows:
8.3.1.2.2.1
The president or designee shall notify the faculty chair as soon as reasonably possible of the Board of Trustee’s declaration and supply the faculty chair with documentation about the need for a reduction in force consequent to financial exigency.
8.3.1.2.2.2
The president or designee shall meet with the faculty chair, faculty vice chair and an Ad Hoc Committee of faculty members appointed by the faculty (which shall include three full-time faculty representatives each from different departments or programs) to review the documentation as well as the University’s proposed action plan to correct the projected shortfall or adverse financial condition.
8.3.1.2.2.3
Unless circumstances dictate otherwise, the Ad Hoc Committee will be given ten calendar days from the date the information described above is delivered to it to review the information, respond to the proposed action plan, and offer any recommendations regarding other ways to address the exigency. The University will give due consideration to any recommendations it receives from the committee.
8.3.1.2.2.4
Within a reasonable timeframe specified by the University administration, the Ad Hoc Committee will provide a written recommendation to the Board of Trustees as to where within the overall academic program termination of appointments may occur; such recommendation will involve, but not be limited to, considerations of educational policy, faculty status, and length of faculty service.
8.3.1.2.2.5
The Board of Trustees will make a final decision regarding the proposed action plan offered by the president and the faculty committee recommendation.
8.3.1.2.3
The president, in consultation with the appropriate academic leadership, will determine based upon the decision of the Board of Trustees which, if any, faculty are subject to termination consistent with the directive of the Board of Trustees and the provisions of this process. The president or designee will issue written notice of termination to all affected faculty members.
8.3.1.2.4
If the University terminates faculty appointments because of financial exigency, it will neither at the same time make new appointments nor terminate the appointment of a tenured faculty member in favor of retaining a non-tenured faculty member, except in circumstances where the University finds that a distortion of the academic program would otherwise result.
8.3.1.2.5
A terminated tenured faculty member’s position shall not be filled by a replacement for a period of two years from the date of employment termination, unless the faculty member has been offered full reappointment and has been given seven calendar days to accept or decline the offer. The University administration may treat the failure of the faculty member to respond to the offer within seven calendar days as a decision to decline the offer.
8.3.1.2.6
Faculty members receiving notices of termination pursuant to this provision may challenge such decisions using the Faculty Appeal Process set forth in Chapter 9.3.
8.3.1.3
Termination Due to Program Discontinuance
8.3.1.3.1
The decision to discontinue a program rests with the University’s Board of Trustees and is based upon the judgment that the educational mission of the University as a whole will be enhanced by the discontinuance. The decision of the Board of Trustees regarding program discontinuance is final.
8.3.1.3.2
A recommendation to discontinue a program may originate with the University’s faculty, administration, or the Board of Trustees. Where the administration or the Board of Trustees originates a proposal to discontinue a program, that proposal shall be forwarded to the respective department or program, which will consider the proposal and forward the proposal, with its own recommendation, on to the University Curriculum Committee. The Curriculum Committee will consider the department or program recommendation and subsequently forward the recommendation of the Committee on to the University administration. The University administration shall consider the recommendation and forward it, along with its own recommendation to the Board of Trustees for final action on the discontinuance proposal.
8.3.1.3.3
Faculty recommendations will be determined by means set forth by the department or program, or by procedures determined by the faculty and forwarded to the University Curriculum Committee.
8.3.1.3.4
The University Curriculum Committee will consider the faculty recommendation and subsequently forward the recommendation of the Committee on to the University administration.
8.3.1.3.5
Once a recommended discontinuance has been reviewed by the University Curriculum Committee, the University administration will consider the recommendations and subsequently forward them along the recommendation of the University administration to the Board of Trustees for its consideration and final action on the discontinuance proposal. Except in extraordinary circumstances, the Board of Trustees decision regarding program discontinuance should be made and announced at least one full academic year before the program and any associated positions are discontinued.
8.3.1.3.6
Following a Board of Trustees discontinuance decision, the president, in consultation with the appropriate academic leadership, will determine based upon the decision of the Board of Trustees which, if any, faculty presently assigned to discontinued programs may be placed elsewhere within UIU. If that decision is made, the CAO in consultation with the academic Dean and appropriate department or program chair shall make every reasonable effort to offer any affected faculty member another equivalent faculty position before terminating an appointment. If no such position is available, the faculty member’s appointment may then be terminated by notice from the president, with provision for severance pay beginning at the end of faculty member’s current contract and equal to:
8.3.1.3.6.1
One month of salary, when terminated during the first year of probationary service.
8.3.1.3.6.2
Three months of salary, when terminated during the second or third year of probationary service.
8.3.1.3.6.3
Six months, when terminated after having been issued a letter of renewal subsequent to his/her third-year review.
8.3.1.3.6.4
One year, when a tenured faculty member is terminated.
8.3.1.3.7
A terminated tenured faculty member’s position shall not be filled by a replacement for a period of two years from the date of employment termination, unless the faculty member has been offered full reappointment and has been given seven calendar days upon receipt of the offer to accept the offer and establish terms or decline the offer. The University administration may treat the failure of the faculty member to respond to the offer within seven calendar days as a decision to decline the offer.
8.3.1.3.8
Faculty members receiving notices of termination pursuant to this provision may challenge such decisions using the Faculty Appeal Process set forth in Chapter 9.3.
8.4
Discipline, Remediation, and Dismissal for Cause
8.4.1
Faculty may also separate from employment due to dismissal for cause, which involves faculty performance or conduct that cannot be or has not been remediated. Terminations in situations of financial exigency, program or department discontinuance, or inability to perform the essential functions of the position do not constitute dismissals for cause.
8.4.2
Upper Iowa University is strongly committed to remediating faculty job performance where practicable and employing progressive discipline to address conduct issues where warranted; however, the University retains the discretion and responsibility in appropriate circumstances to address serious or continuing issues through dismissal of a faculty member for cause, without first engaging in formal remediation or progressive discipline.
8.4.3
Remediation or Discipline Short of Dismissal
8.4.3.1
Job performance issues may be identified during annual evaluations, through student evaluations or complaints, through observations on the part of a faculty member’s colleagues or supervisors, or where concerns come to the attention of the University in some other manner. The University will strive to address job performance issues through performance improvement plans. Such remediation efforts may involve, without limitation, mentoring, classroom observations, reassignments, professional development, or other enhanced supervision intended to address specific issues or general concerns about performance. The University will, as it deems appropriate, meet with the faculty member and develop appropriate agreed plans to improve faculty performance. Where difficulties are persistent or serious, or where remediation appears futile, job performance issues may form the basis for non-renewal or dismissal for cause as further addressed below.
8.4.3.2
When the University administration has reason to believe that faculty member conduct has occurred that constitutes grounds for discipline, including potential dismissal, it shall gather facts, which may involve interviews with the faculty member and witnesses and review of documents. Where alleged conduct or concerns involve a potential violation of the University’s Title IX or other equal opportunity policies, or in other circumstances in which the University deems it necessary, University policy and best practices may first involve a thorough and reasonably prompt formal investigation, using University investigators or designated outside investigators, prior to the University’s initiation of discipline. The University will also, as it deems appropriate, meet with the faculty member and attempt to resolve concerns through an agreed plan to address conduct issues.
8.4.3.3
In most cases, conduct that falls below the appropriate standard for a UIU faculty member will be addressed by the CAO, academic Dean, or other supervisor using progressive discipline, including, but not limited to, reprimands; warnings; modified teaching, committee, or program assignments; denial of salary increase; suspension; or non-renewal. Evaluations and interim assessments are not disciplinary in nature; information adduced during evaluations and interim assessments may form the basis for discipline, and failure to adhere to or unsuccessful completion of an improvement plan may form the basis for disciplinary action.
8.4.3.4
During an inquiry into conduct issues, the CAO or designee may also place the faculty member on administrative leave pursuant to the standards and provisions set forth in Chapter 8.4.4.4 below.
8.4.4.1
In cases of persistent or serious conduct or performance issues, the University may dismiss a faculty member, including a tenured member, for cause. The CAO or designee will notify the faculty member in writing of the University’s dismissal decision. This notice will set forth the reasons for dismissal in sufficient detail to permit the faculty member to pursue an appeal under Chapter 9.4 below. Prior to issuing this notice, the CAO or designee will meet with the faculty member to discuss the proposed dismissal and explore options for resolution. Depending upon the circumstances, any such notice may also be preceded by a formal investigation or by a fact-gathering process similar to the fact-finding process used prior to imposition of other discipline as set forth in Chapter 8.4.3.2.
8.4.4.2
Grounds for dismissal should relate directly and substantially to the fitness of the faculty member in his or her professional capacity.
8.4.4.3
Examples of performance or conduct issues that the University is responsible to address – and that may, in some instances, form the basis for major sanctions, including dismissal – include, but are not limited to:
8.4.4.3.1
Deficient performance of job responsibilities; professional incompetence (including failure to achieve satisfactory job performance or meet University expectations for quality and quantity of work, even after repeated and consistent efforts at remediation);
8.4.4.3.2
Dishonest, unethical, or criminal conduct;
8.4.4.3.3
Violation of federal, state, or local equal opportunity, anti-discrimination or harassment, or health and safety laws, regulations, or ordinances;
8.4.4.3.4
Violation of University policies and procedures, including, but not limited to equal opportunity, sexual harassment or misconduct, academic integrity, provisions specified in the Staff and Administration Handbook, Faculty Handbook provisions, including the faculty responsibilities set forth in Chapter 5 above, and other Academic Affairs, compliance, privacy, or health and safety policies;
8.4.4.3.5
Deliberate or reckless conduct indicating a knowing or willful disregard of readily apparent risk that causes or threatens to cause harm to a member of the University community or the public;
8.4.4.3.6
Any other conduct which, in the opinion of the University, threatens the reputation and mission of the University (and which cannot be remediated or addressed by means short of discipline).
8.4.4.4
When, in the judgment of the CAO or his/her designee, the presence of a faculty member on University property pending investigation of concerns or resolution of disciplinary matters threatens the health, safety, or operations of the University, or threatens to disrupt the working, living, or learning environment, the University CAO or his/her designee may place the faculty member on administrative leave for the balance of the investigation or disciplinary process and in accordance with the Faculty Administrative Leave Policy. The University reserves the right to determine if such administrative leave will be paid or unpaid and will so notify the faculty member. In such circumstances, the CAO, or his/her designee, may also direct that the faculty member be precluded from entering upon University property or contacting University students or representatives pending further notice. Faculty members placed on administrative leave or barred from campus pursuant to this provision may challenge such leave using the Faculty grievance process set forth in Chapter 9.2.
8.4.4.5
The University administration and the involved faculty member shall generally attempt to limit disclosure of allegations made against a faculty member to those who need to know for purposes of appropriate investigation, remedial action, if any, and for decision making or processing of any grievance. However, Upper Iowa University reserves the right to disclose information related to such matters to others as it deems necessary based on the nature of the incident.
|
