Article 13 – Non-Reappointment

 

13.1 Policy. Faculty appointments will not create any right, interest, or expectancy in any other appointment beyond its specific terms, except as provided in section 14.3 (Alternative/Equivalent Employment) and section 16.11 (Termination/Layoff), as it applies to tenured faculty.

13.2 Notice.

(a) All faculty, except tenured faculty and those described in (b)(1) and (c) below, are entitled to the following written notice that they will not be offered further appointment:

(1) Faculty in their first two (2) years of continuous University service will be provided with one (1) semester notice (or its equivalent, 19.5 weeks, for faculty appointed for more than an academic year); or

(2) Faculty with two (2) or more years of continuous University service will be provided with one (1) year notice.

(3) The provision of notice under this section does not provide rights to a Summer appointment beyond those provided in section 9.4(b).

(b) Faculty on “Soft Money.”

(1) Faculty who are on “soft money,” e.g., contracts and grants, sponsored research funds, and grants and donations trust funds, in their first five (5) years of continuous service will have the following statement or its equivalent included in their employment contracts:

“Your employment under this contract will cease on the date indicated. No further notice of cessation of employment is required.”

(2) Faculty on “soft money,” e.g., contracts and grants, sponsored research funds, and grants and donations trust funds, with five (5) or more years of continuous University service will be provided with ninety (90) days notice, contingent upon funds being available in the contract or grant, except that faculty who are on “soft money” with five (5) or more years of continuous University service as of June 30, 1991 will be provided with one (1) year notice.

(c) Faculty who are appointed for less than one (1) academic year, who are appointed to a visiting appointment, who are appointed to a fixed multi-year appointment pursuant to section 9.4(f), or who are employed in an auxiliary entity are not entitled to notice that they will not be offered further employment, and the following statement or its equivalent will be included in their employment contracts:

“Your employment under this contract will cease on the date indicated. No further notice of cessation of employment is required.”

(d) A faculty member who is entitled to written notice of non-reappointment in accordance with the provisions of section 13.2, above, who receives written notice that he or she will not be offered further appointment will be entitled, upon written request within twenty (20) days following receipt of such notice, to a written statement of the basis for the decision not to reappoint. Thereafter, the President or representative will provide such statement within twenty (20) days following receipt of such request. All such notices and statements are to be sent by certified mail, return receipt requested, or delivered in person to the faculty member with written documentation of receipt obtained.

13.3 Notice Document. Notice of appointment and non-reappointment will not be contained in the same document.

13.4 Grievability. A faculty member who receives written notice of non-reappointment may, according to Article 22 (Grievance Procedures and Arbitration), contest the decision because of an alleged violation of a specific term of this Agreement or because of an alleged violation of the faculty member’s Constitutional rights. Such grievances must be filed within thirty (30) days of receipt of the statement of the basis for the decision not to reappoint pursuant to section 13.2(d) or receipt of the notice of non-reappointment if no statement is requested. 

13.5 Non-reappointment Considerations. If the decision not to reappoint was based solely upon adverse financial circumstances, reallocation of resources, reorganization of degree or curriculum offerings or requirements, reorganization of academic or administrative structures, programs, or functions, and/or curtailment or abolition of one (1) or more programs or functions, the University will take the following actions:

(a) Make a reasonable effort to locate appropriate alternative or equivalent employment within the University, if practicable; and

(b) Offer such faculty member, who is not otherwise employed in an equivalent full-time position, re-employment in the same or similar position at the University for a period of two (2) years following the initial notice of non-reappointment, should an opportunity for such re-employment arise.

(1) Any offer of re-employment pursuant to this section must be accepted within fifteen (15) days after the date of the offer or at least seven (7) days prior to the first day of classes, whichever is sooner. Such acceptance will take effect not later than the beginning of the semester immediately following the date the offer was made.

(2) In the event such offer of re-employment is not accepted, the faculty member will receive no further consideration pursuant to this Article.

13.6 Resignation.

(a) A faculty member who wishes to resign has the professional obligation to provide the University with at least one (1) semester’s notice, when possible.

(b) Upon the University’s receipt of notice of resignation, all consideration for tenure and reappointment will cease.