Section 4: Tenure-Track & Tenured Faculty Policies

4.10.1 Grounds for Termination

1. Relinquishment or Forfeiture of Tenure
2. Extraordinary Circumstances
3. Adequate Cause

A. Relinquishment or Forfeiture of Tenure

A tenured faculty member relinquishes his or her tenure upon resignation or retirement from the university. A tenured faculty member forfeits tenure at the university if she or he takes an unauthorized leave of absence, fails to resume the duties of his or her position following an approved leave of absence, holds a tenured appointment at another institution, or is unable to perform assigned duties or carry out the responsibilities of a faculty member due a physical or mental condition, as established by an appropriate medical authority. Forfeiture results in automatic termination of employment. The provost shall give the faculty member written notice of the forfeiture of tenure and termination of employment. The faculty member may appeal this action as specified in the general appeals procedures described in Appendix B.1.

B. Extraordinary Circumstances:

Extraordinary circumstances warranting termination of tenure may involve financial exigency or program discontinuance.

1. In the case of financial exigency, tenured faculty may be terminated because of financial exigency at the university if the Board of Trustees declares such a condition. The criteria and procedures specified in the board approved Financial Exigency Plan shall be followed. Personnel decisions (including those related to tenured faculty) resulting from a declaration of financial exigency at the university must comply with applicable university policy which can be found in this on the university website.
   
   
2. In the case of program discontinuance, tenured faculty may be terminated if:
   1. A program, such as degree major, concentration, and/or other curricular component, is discontinued by formal action of the Board of Trustees.
      
      
   2. Student enrollment in a program has decreased over a period of at least three years at a rate which is considerably higher than that of the institution as a whole and/or in comparison with similar institutions as determined by the president.
      
      
   3. An approved center/institute with tenured faculty lines is dissolved by action of the president.

In the case of program discontinuance, the termination of tenured faculty may take place only after consultation with the faculty through appropriate committees of the department or center/institute, the academic unit, and the Faculty Senate. The president's decision as to which faculty should be terminated will be guided by consideration of the best interests of the university. Termination due to program discontinuance presumes a staffing pattern that cannot be warranted either by comparison with general load practices within the institution or by comparison with faculty loads in comparable departments or divisions at similar institutions. Unless the president demonstrates (preferably by means of past performance evaluations) that an exception should be made, the following considerations should be used as a guide in determining the order of faculty reductions in a department or division. Tenured faculty should have priority over part-time faculty, temporary faculty, and tenure-track faculty in the probationary period. Tenured faculty with higher rank should have priority over those with lower rank. Tenured faculty with greater seniority in rank should normally have priority over those with less seniority.

If termination of tenured faculty positions becomes necessary because of financial exigency or program discontinuance, the campus administration shall attempt to place each displaced tenured faculty member in another suitable position. This does not require that a faculty member be placed in a position for which he or she is not qualified, that a new position be created where no need exists, or that a faculty member (tenured or non-tenured) in another department be terminated in order to provide a vacancy for a displaced tenured faculty member.

The position of any tenured faculty member displaced because of financial exigency or program discontinuance shall not be filled within three years unless the displaced faculty member has been offered reinstatement in writing and a reasonable time in which to accept or decline the offer. Appropriate increases will be given which, in the opinion of the president, would constitute the raises that would have been awarded during the period not employed by the university. Tenured faculty given written notice of termination because of financial exigency may appeal termination in accordance with the provisions of the Financial Exigency Plan. Tenured faculty given written notice of termination because of program discontinuance may appeal termination in accordance with the general appeal procedures described in Appendix B.1.

C. Adequate Cause

Adequate cause for terminating a tenured faculty member defined by Tennessee Code Annotated §49-8-302, means the following:

1. Incompetence or dishonesty in teaching or research.
   
   
2. Willful failure to perform the duties and responsibilities for which the faculty member was employed; or refusal or continued failure to comply with the policies of the university, academic unit, or department; or to carry out specific assignments, when these policies or assignments are reasonable and nondiscriminatory.
   
   
3. Conviction of a felony or a crime involving moral turpitude.
   
   
4. Improper use of narcotics or intoxicants which substantially impairs fulfillment of departmental or institutional duties and responsibilities.
   
   
5. Capricious disregard of accepted standards of professional conduct.
   
   
6. Falsification of information on an employment application, curriculum vitae, or other information concerning qualifications for a position.
   
   
7. Failure to maintain the level of professional excellence and ability demonstrated by other members of the faculty in the department or division of the university.