Conditions for Termination

Grounds for termination for cause include, but are not limited to:

• Immoral conduct.

• Conduct or teaching contrary to the Theological Assumptions, Philosophy of Education, and the Institutional Goals and Objectives. However, dismissal will not be used to restrain faculty members in their exercise of academic freedom. (See Academic Freedom, Part One, Section VII.)
• Financial Exigency.

• A significant drop in student enrollment that appears not to be an aberration may create a situation severe enough to warrant the release of tenured faculty members or lead to less than full-time appointments. Since the problems thus generated resemble those produced by a financial exigency, the president shall follow the process described below to alter the status of tenured faculty.

• If, in the judgment of the administration, the number of students who elect a major no longer justifies offering the major; or if, for other reasons, the administration finds it expedient to drop a major or eliminate a department, the chief academic officer shall request the Inter-School Academic Affairs Committee to review the situation. When sitting for this purpose, the Inter- School Academic Affairs Committee shall have access to all pertinent information and shall judge whether the paucity of students is temporary or whether other considerations warrant changing the status of faculty. In performing its task, the Inter-School Academic Affairs Committee shall observe guidelines A through E listed in Part Four, Section V below established for the guidance of the Institutional Retrenchment Committee. The chair of the Inter-School Academic Affairs Committee shall report the findings of the Committee to the president. If the president decides to reduce the number of tenured faculty or to assign some to part-time posts or to eliminate a department, the procedures listed below under Financial Exigency Policy (Section V) shall govern the process. In all other cases that adversely affect the tenure status of tenured faculty, the president shall, in good faith, follow the spirit and intent of the consultation processes described herein.

Termination Notice in Cases of Unsatisfactory Service

• Faculty in their first year of service must receive notice by March 1 that their contract will not be renewed.

• Untenured and non-tenure-track faculty in their second and subsequent years of service must receive notice by December 1 that their contract will not be renewed.

• Faculty on multi-year contracts must receive notice that their contract will not be renewed at least one year before the contract expires.

• Tenured faculty members must receive initial notice of the institution’s intent to dismiss at least one year before their final contract expires. In such cases, the institution will follow the procedures outlined in Procedures for the Dismissal or Non-Reappointment of Tenured Faculty below.

• Procedures for the Dismissal or Non-Reappointment of Tenured Faculty for Unsatisfactory Service, Immoral Conduct, or Conduct or Teaching Contrary to the Theological Assumptions, Philosophy of Education, or the Institutional Goals and Objectives

The decision to dismiss a tenured faculty member for cause through contract termination or non- reappointment is momentous and will not be entered into lightly. Dismissal of a tenured faculty member must be for reasons listed above as “sufficient grounds for termination” and will never be for the purpose of restraining academic freedom. Before the University decides to dismiss or withhold a contract from a tenured faculty member, administrators and key faculty should work with the individual for the purposes of professional improvement in any defined areas of deficiency. Alternatives to non-reappointment such as appointment to other suitable areas of service should be considered before dismissal/non-reappointment proceedings are undertaken.

Once the University administration determines that it intends to dismiss or not reappoint a tenured faculty member for cause, these steps will normally be followed:

• The president, chief academic officer and/or school dean will meet with the faculty member to communicate the intention to dismiss. The administration will explain the reasons for the decision and provide supporting documentation. In cases where the administration deems a leave necessary, the faculty member will be paid pending the final decision regarding dismissal.

• In the initial “intent to dismiss” meeting described above, the faculty member will be given the option of having the same information communicated to the Faculty Review Committee (FRC) and of having the FRC meet to review the administration’s decision. The faculty member must communicate to the president or chief academic officer and chair of the FRC, within 48 hours of the initial meeting, his or her intention to have an FRC review. If the faculty member chooses to have an FRC review, the administration’s position must be sent to the FRC. Both parties have 25 calendar days from the time of the faculty member’s decision to elect an FRC review to prepare their positions. Within 25 calendar days, the administration and faculty member will deliver, to the chair of the FRC, paper copies of their positions and supporting documentation. Within one calendar day of receiving both sets of documents the chair of the FRC will deliver copies of this material to the president, chief academic officer, the faculty member, and all members of the FRC.

• The chair of the FRC will schedule a private dismissal review meeting to be held no earlier than five working days and no later than 10 working days after the FRC chair distributed the documents to the president, chief academic officer, faculty member, and FRC members. If any of the 25 calendar days fall after commencement, the meeting may, if the faculty member and president both agree, be postponed to the beginning of the fall semester, except in those cases that involve accusations of immoral conduct. FRC members, who are elected representatives of the faculty, are expected to participate in the review of the decision. However, those members who believe they cannot fairly weigh evidence related to this decision may petition the chair to be excused. The chair has authority to accept or deny the petition.

• At least five days prior to the dismissal meeting, the chair of the FRC will notify the president, the chief academic officer, the faculty member, and all members of the FRC of the time and place of the meeting. The faculty member may invite one other person to be present. The president or chief academic officer and one other administrator may attend. Legal representation for the University or the faculty member will not be invited or allowed to attend.

• At the FRC dismissal meeting the administration will present the reasons for dismissal, including relevant information. The faculty member will have the opportunity for response and may present additional information he or she considers relevant.

• All records and conversation associated with this meeting will be kept confidential to the extent possible. They will include any documents provided by the faculty member and administration as well as minutes of the meeting. The minutes will include only a listing of those present, any motions to support or not support the termination, and the outcome of all votes. In addition, a video recording of the portion of the meeting attended by the faculty member and administration will be made. The chair of the FRC will seal the recording and place it in the hands of the University’s external legal counsel where it will be made available to legal counsel for either party upon request.

• After the FRC is satisfied that both parties have been heard, the Committee will meet in a closed session that includes only elected faculty members. They will decide whether they support the dismissal or not. A statement of support or lack of support must be submitted in writing to the president by 5:00 PM on the second working day from the end of the meeting attended by the faculty member and administration.

• The administration will carefully weigh the recommendation of the Faculty Review Committee and consider whether or not to go ahead with the intended dismissal or non-reappointment
of the faculty member. Within five working days, the administration’s decision will be posted by certified mail with return receipt requested to the faculty member, with a copy sent to the chair of the FRC.

• If the decision results in a tenured faculty member’s dismissal or non-reappointment, he or she shall have the right of appeal as explained below.

Provision for Appeal
If a tenured faculty member is not reappointed, he or she has the right of appeal. The faculty member may first choose to pursue the grievance process as outlined in Part Two, Section II.B.2.e.i.e. After or instead of pursuing the grievance process, an appeal may be made in writing to the president. The faculty member may then send a copy of the appeal to the chair of the board of trustees who will determine whether to consider the appeal.

Either the formal appeal or pursuit of the grievance process must be initiated within 30 days of notification of the decision appealed. Grievance processes handled by the Faculty Development Committee must be concluded 45 days after they are initiated. If the grievance process is pursued and does not lead to a resolution acceptable to the faculty member, the formal appeal must be submitted in writing to the president within 15 days. If the president denies the appeal, the faculty member has 15 days to appeal to the chair of the board of trustees. Appeals considered by the president and chair of the board of trustees should be answered in a timely fashion.