"Responsibility for the decision as to whether a state of financial exigency exists, and the subsequent decision on actions necessary to meet the financial exigency, or the decision as to the necessity for program or department reductions or eliminations resulting in termination of employment of tenured faculty, shall rest with the President. In considering such matters, the President shall confer in a timely manner with appropriate faculty and other institutional councils and with the Chancellor and the Board concerning the issues involved in arriving at decisions in the foregoing areas." (OAR 580-21-315, b.)
The following procedure specifies the "timely manner" and appropriate faculty and other institutional councils" mentioned in the above OAR.
A faculty member with indefinite tenure or a non-tenured person before the end of his/her period of appointment can be terminated without cause only when:
In either case, the following must be observed:
The Budget Committee shall, as defined in the University Budget Process, advise the President in the development of the annual and biennial budgets, including the allocation of institutional resources. The need for a declaration of financial exigency, program reductions or program elimination will evolve from this budget process.
When the President adopts subsequently a working budget and if it appears likely that a matching of needs and resources will result in a budget deficit requiring a declaration of financial exigency or academic program reduction or elimination covered by OAR 580-21-315, the remaining portion of this procedure will be followed.
The President shall recommend alternatives for eliminating the estimated deficit. This plan shall include a clear statement of rationale and of potential impact on program offerings and personnel and will establish a reasonable and expeditious time schedule for the remaining steps of this procedure.
Appeal and Discussion. The President shall confer at least with the Provost, Vice President for Student Affairs, Vice President for Administration and Finance, Deans of the Schools, and one tenured senior faculty member from each School in formulating these alternatives.
Each Dean of the School and/or unit administrator shall: (a) confer with all members of the program(s) in question; (b) confer with all members of the School or unit; and (c) appoint and chair a representative committee (This does not preclude membership from outside the School or unit, if appropriate.) which will prepare a statement evaluating the institutional impact of the proposed action on program and personnel within his/her administrative unit. Copies of these statements shall be made available to the other Dean of the School and unit administrators.
After considering the impact statements, the President shall present a proposal with supporting documentation including all impact statements to the Strategic Planning and Budgeting Committee.
After due deliberation, the Strategic Planning and Budgeting Committee shall prepare written recommendations to the President, either concurring with the President's proposal or recommending alternatives.
After considering all recommendations, the President shall make a final decision regarding the programs or functions to be affected.
The President shall present the final decision to the Assembly (Written copies will be available upon request.) If the President's decision contradicts the advice of the Strategic Planning and Budgeting Committee, he shall acknowledge this variance and give his rationale.
All members of the affected School or administrative unit will be given an opportunity to consult with the Dean of the School or unit administrator and the School or unit committee. The Dean of the School or unit administrator will make the final recommendation to the President as to the particular individual(s) to be terminated. The President will then make a final decision.
Prior to official notice of termination of annual or indefinite tenured faculty resulting from program reduction or financial exigency, the individual will be notified in writing of the pending action and the College will make every effort to place the faculty member concerned in another suitable position.
Every attempt shall be made to inform the individual(s) selected for reduction prior to that fact's being general knowledge.
The issuance of formal notice will not preclude further negotiations under this section.
Timely notice provisions, as set forth in the Oregon Administrative Rules, shall be followed.
Appeal and Discussion. If the individual believes that there has been a violation of any rule, law, or procedure, he or she may appeal through the Eastern Grievance Process.
If a tenured faculty member's appointment is terminated or if the appointment of an annual tenure faculty member is terminated before the end of the period of appointment because of financial exigency, or because of program reductions or eliminations, the released faculty member's place will not be filled by a replacement within a period of two years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it.
In making decisions involving the termination of faculty, it shall be recognized that the entire faculty is placed here to serve, maintain, stimulate and encourage the development of the academic programs and the achievement of students and faculty. A faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program would otherwise result. The mission and strategic direction of the University, legislative and State Board requirements, as well as institutionally established priorities, will be duly considered.
[Responsible for Accuracy: John S. Miller, Provost - Last Verified: 9/27/00]