The provost will notify the faculty member, the president, the dean, and the department chair in writing of his or her decision to begin the process to determine whether Adequate Cause  exists for termination for Unsatisfactory Performance and any decision related to temporary disciplinary action. The provost will provide all documentation collected during the Post-tenure Review process and provide a timeline for the termination proceedings to the department chair. The department chair will transmit the documentation and timeline to the department tenure and promotion committee. For academic units without departments, the provost will provide all documentation to the dean who will transmit the documentation and timeline to the academic unit tenure and promotion committee.

 

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The department chair will transmit all the documentation collected during the Post-tenure Review process and the timeline for the termination proceedings to the department tenure and promotion committee. The department chair shall direct the departmental tenure and promotion committee to consider the faculty member’s performance by an anonymously cast vote taken in accordance with applicable department and/or academic unit guidelines, and to make a recommendation on the question of whether the faculty member’s performance constitutes Adequate Cause for termination for Unsatisfactory Performance. The faculty member under review shall be provided with a copy of the material provided to the department tenure and promotion committee and shall be given a reasonable opportunity to submit responsive written materials before the vote of the department committee. The department tenure and promotion committee shall forward their recommendation to the department chair.  The faculty vote shall be advisory to the department chair.

 

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The department chair shall consider the faculty member’s performance and the recommendation of the department tenure and promotion committee and make a recommendation on the question of whether the performance constitutes Adequate Cause for termination. The department chair shall forward his or her recommendation and the reasoning supporting the recommendation to the academic unit tenure and promotion committee, together with the history of efforts to encourage the faculty member to improve his or her performance and a report of the recommendation of the department tenure and promotion committee (including the anonymously cast vote tally) on the question of whether the faculty member’s performance constitutes Adequate Cause for termination.  The chair’s recommendation shall be advisory to the academic unit tenure and promotion committee.

 

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The academic unit tenure and promotion committee shall consider the faculty member’s performance and the recommendations of the department tenure and promotion committee and the department chair. The academic unit tenure and promotion committee will anonymously cast a vote taken in accordance with applicable department and/or academic unit guidelines and make a recommendation on the question of whether the faculty member’s performance constitutes Adequate Cause for termination for Unsatisfactory Performance. The academic unit tenure and promotion committee shall forward their recommendation and the narrative supporting the recommendation to the dean. The faculty vote shall be advisory to the dean.

 

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The dean shall consider the faculty member’s performance and the recommendations of the department tenure and promotion committee, the department chair, and the academic unit tenure and promotion committee. The dean will make a recommendation on the question of whether the performance constitutes Adequate Cause for termination. The dean shall forward his or her recommendation and the narrative supporting the recommendation to the provost, together with the recommendations of the department tenure and promotion committee, the department chair, and the academic unit tenure and promotion committee.

 

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1. Review by the Provost: If the provost concludes that Adequate Cause for termination may exist, he or she shall call the faculty member to a meeting to discuss a mutually satisfactory resolution of the matter. If a mutually satisfactory resolution is not reached within 30 calendar days, the provost will forward the recommendations of department tenure and promotion committee, the department chair, the academic unit tenure and promotion committee, the dean, and the conclusion reached by the provost to the Faculty Appeals Committee. The Faculty Appeals Committee will convene a hearing panel in accordance with Appendix B.3 which will make a recommendation as to whether Adequate Cause for termination exists. The recommendation of the Faculty Appeals Committee, along with supportive reasoning, shall be provided to the provost within 30 calendar days of the request and shall be advisory to the provost. If the provost concludes that Adequate Cause does not exist, then the provost shall provide the faculty member with written notice of the conclusion (with a copy to the dean, department chair, and president), and a determination on whether he or she will pursue additional actions in accordance with this handbook and/or university policy.
   
   
2. Sanctions Less then Termination for Adequate Cause: If the provost concludes Adequate Cause exists but that a sanction less than termination or suspension without pay should be imposed, then the provost may impose the lesser sanction. The faculty member may appeal the lesser sanction to the president, whose decision shall be final is not appealable. If the provost concludes Adequate Cause exists but that the sanction should be suspension without pay rather than termination, the provost shall employ the procedures set forth in Section 4.10.2A(7)(c) but tailored to reflect that the proposed sanction is suspension without pay rather than termination. 
   
   
3. Termination for Adequate Cause: Before deciding that the faculty member’s appointment should be terminated for Adequate Cause, the provost shall give the faculty member written notice, including a statement of the grounds for termination, framed with reasonable specificity, and the opportunity to respond to the stated grounds and the proposed termination in a meeting with the provost. The faculty member may choose to respond in writing instead of, or in addition to, a meeting with the provost. Any written response must be submitted to the provost within 10 calendar days of delivery of the written statement of the grounds for termination. All meetings between the faculty member and provost must be concluded within 10 calendar days of delivery of the written statement of the grounds for termination. If, after considering any information provided by the faculty member and after consulting with the president, the provost concludes that the faculty member’s appointment should be terminated for Adequate Cause, the provost shall provide written notice of termination to the faculty member by:
   
   
   1. Briefly citing the grounds for termination and the date on which the termination, as described in 4.10.1.C(1), 4.10.1.C(7), and/or Appendix C.
      
      
   2. Providing notice of the faculty member’s right to elect a pre-termination hearing before a tribunal, as described in Appendix G, or in a post-termination hearing conducted under the provisions of the Uniform Administrative Procedures Act as described in Appendix H; and
      
      
   3. providing notice that the faculty member has 15 calendar days after receipt of the written notice to elect in writing the form of hearing.

Selection of one type of hearing waives the opportunity to contest the termination through the other type of hearing. If the faculty member does not make the required hearing election within 15 calendar days after receipt of the written notice described in Section 4.10.2A(7)(c), then the provost will make the election on the type of hearing.  The provost shall send a copy of the written notice to the president of the Faculty Senate and university president at the same time as it is sent to the faculty member.  Any rights described in Section 4.10.2A(7) are in lieu of any other rights of grievance or appeal in the handbook or any appeal to the president.