Provost

Economics Professor 2

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2.8 SEVERANCE

2.8.1 Resignation

It is the expectation of Juniata College that any faculty member will carry out assigned responsibilities until the end of the contract term.

A faculty member employed under a term contract who tenders a resignation that is effective prior to the end of the contract term without consent of Juniata College may be subject to penalty.

A faculty member employed on a probationary or three-year contract may resign an appointment without penalty if written notice is given to the President or Provost and Vice President for Student Development by the 15th day of April preceding the first day of the contract term or by the 30th day after acceptance of the appointment, whichever is later in time or, otherwise, with the consent of Juniata College.

A tenured faculty member should give written notice to the President or Provost and Vice President for Student Development at least one semester prior to the effective date of resignation.

2.8.2 Retirement

Retirement is defined as the completion of an active professional career after a period of full-time employment at Juniata College. Phased retirement is when employment is reduced to part-time, as mutually agreed upon by Juniata College and the employee, on or after attainment of age 55 in anticipation of full retirement at a later date.

The normal retirement age is defined as age 65 although a ranked faculty member may retire at any time. A tenured faculty member may retire at the normal retirement age, but until December 31, 1993, retirement is mandatory no later than the last day of the contract year in which the employee attains age 70. After that date there is no mandatory retirement age.

The faculty member should inform the Provost and Vice President for Student Development of his or her intention to retire no later than October 1, of the academic year preceding retirement. The Provost and Vice President for Student Development will consult the Personnel Evaluation Committee to review eligibility for Emeritus(a) status. The Provost and Vice President for Student Development will make a recommendation to the Board of Trustees.

The status and privileges of emeritus faculty members are stated in 2.1.5.1, while the retirement programs and insurance carrier benefits are given in 2.14.2 and 2.14.3.

Retired faculty members and those participating in the phased retirement plan are eligible for life and health insurance benefits as described in Section 2.14.2.

2.8.3 Dismissal for Cause

2.8.3.1 Criteria

The contractual rights of a faculty member may be terminated by the College for just cause. Just cause shall mean: incompetence; dishonesty, including, but not limited to, plagiarism, falsification of academic credentials; misappropriation or misapplication of funds; failure to perform assigned duties; breach of the terms and conditions of employment; knowing or reckless violation of the canons of professional ethics of the College or of recognized canons of ethics of the faculty member's discipline or profession; or moral turpitude (as construed in light of the mission and goals of the College).

2.8.3.2 Dismissal Procedures

2.8.3.2.1 Preliminary Proceedings

When adequate cause to consider dismissal of a faculty member arises the preliminary procedure shall be as follows:

  1. The faculty Personnel Evaluation Committee shall make the appropriate recommendations.
  2. The Provost and Vice President for Student Development shall discuss the matter with the faculty member in a personal conference, looking toward a mutual settlement.
  3. If there is no adjustment, the Provost and Vice President for Student Development shall communicate with the faculty member setting forth specific charges in writing.

2.8.3.2.2 Formal Proceedings

  1. The communication addressed to the faculty member by the Provost and Vice President for Student Development, in addition to stating grounds proposed for dismissal, shall inform that member that if he or she so requests, he or she will be entitled to a hearing conducted by an ad hoc subcommittee appointed by the Personnel Evaluation Committee and composed of tenured faculty members (hereafter referred to as the Hearing Committee). In setting the date of the hearing, sufficient time shall be allowed the faculty member to prepare a defense. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives the hearing, but denies the charges against him or her or asserts that the charges do not support a finding of adequate cause, the Hearing Committee shall evaluate all evidence and rest its recommendation upon the evidence in record.
  2. The Committee, in consultation with the Provost and Vice President for Student Development (or his or her representative) and the faculty member, shall exercise its judgment as to whether the hearing should be public or private.
  3. During the proceedings the faculty member shall be permitted tohave an advisor and/or counselor of his or her own choice.
  4. At the request of the Provost and Vice President for Student Development, the faculty member, or the Hearing Committee, a representative of a responsible educational association shall be permitted to attend the proceedings as an observer.
  5. A verbatim record of the hearing or hearings shall be taken and a typewritten copy shall, upon request, be made available to the faculty member without cost.
  6. The burden of proof that adequate cause exists rests with the institution, and shall be satisfied only by clear and convincing evidence in the record considered as a whole.
  7. The Hearing Committee shall grant adjournment to enable either party to investigate evidence to which a valid claim of surprise is made.
  8. The faculty member shall be afforded an opportunity to obtain necessary witnesses and documentary or other evidence, and the administration of the institution shall, insofar as it is possible for it to do so, secure the cooperation of such witnesses and make available necessary documents and other evidence within its control.
  9. The faculty member and the administration shall have the right to confront and cross-examine all witnesses. Where the witness cannot appear, the Committee determines that the interests of justice require admission of his or her statement, the Committee shall identify the witness, disclose his or her statement and, if possible, provide for interrogatories.
  10. In the hearing of charges of incompetence, the testimony shall include that of qualified faculty members from this or other institutions of higher education.
  11. The Hearing Committee shall not be bound by strict rules of legal evidence, and may admit any evidence which is of probative value in determining the issues involved. Every reasonable effort shall be made to obtain the most reliable evidence available.
  12. The findings of fact and the decision shall be based solely on the hearing record.
  13. Except for such simple announcements as may be required covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers shall be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Trustees. The Provost and Vice President for Student Development and the faculty member shall be notified of the decision in writing and shall be given a copy of the record of the hearing.
  14. If the Hearing Committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it shall so report to the Provost and Vice President for Student Development. If the Provost and Vice President for Student Development rejects the report he or she shall state his or her reasons for doing so, in writing, to the Hearing Committee and to the faculty member, and provide an opportunity for response before transmitting the case to the President and the Board of Trustees. If the Hearing Committee concludes that adequate cause for a dismissal has been established but that an academic penalty less than dismissal would be more appropriate, it shall so recommend with supporting reasons.

2.8.3.2.3 Action by the Board of Trustees

If dismissal or other penalty is recommended, the Provost and Vice President for Student Development shall, on request of the faculty member, transmit to the President and the Board of Trustees the record of the case. The President's and Board of Trustees' review shall be based on the record of the Committee hearing, and it shall provide opportunity for argument, oral or written or both, by the principals at the hearing or by their representatives. The decision of the Hearing Committee shall either be sustained or the proceeding returned to the Committee with specific objections. The Committee shall then reconsider, taking into account the stated objections and receiving new evidence, if necessary. The President and the Board of Trustees will make a final decision only after study of the Committee's reconsideration.

2.8.3.2.4 Suspension

Until the final decision upon termination of an appointment has been reached, the faculty member shall be suspended or assigned to other duties in lieu of suspension only if immediate harm to himself or herself or others is threatened by his or her continuance. Before suspending a faculty member, pending an ultimate determination of his or her status through the institution's machinery, the administration shall consult with the Personnel Evaluation Committee. Suspension is appropriate only pending a hearing; a suspension which is intended to be final is a dismissal and shall be dealt with as such. Salary shall continue during the period of suspension.

2.8.3.5 Terminal Salary or Notice

If the appointment is terminated the faculty member shall receive his or her salary for the unexpired term of his or her contract period or notice in accordance with the following schedule, at the option of the College:

  1. Not later than March 1 of the first academic year of service, if the appointment expires at the end of that year; if the appointment terminates during an academic year, at least three months in advance of its termination.
  2. Not later than December 15 of the second academic year of service, if the appointment expires at the end of that year; or, if the appointment terminates during an academic year, at least six months before the expiration.
  3. At least twelve months before the expiration of an appointment after two or more years of service at the institution.

This provision for terminal notice need not apply in the event that there has been a finding that the conduct which justified dismissal involved moral turpitude. In any case involving dismissal for reasons of moral turpitude, only three days notice need be given to the person being dismissed. On the recommendation of the Faculty Hearing Committee or the Provost and Vice President for Student Development, the Board of Trustees in determining what, if any, payments shall be made beyond the effective date of dismissal may take into account the length and quality of service of the faculty member.

The notice shall specify the cause of the termination, provide a summary description of the facts relied on by the College in specifying the cause, and a reference to the faculty member's right to process a grievance pursuant to Section 2.15. Notice shall be sufficient if placed in the ordinary U.S. mails, first class, postage prepaid and addressed to the faculty member at the last address provided by the faculty member to the Business Office of the College.

2.8.3.3 Review

A faculty member provided notice of termination of contractual rights pursuant to this Section may file a grievance under Section 2.15. The burden of proving that cause exists will be on the College and the College will be considered to be the complainant/grievant. The faculty member may present evidence relevant to any legally sufficient defense to the issues raised by the College's presentation of its case. The faculty member may file a grievance as the complainant/grievant if he or she can identify a grievance covered under Section 2.15. In such an event the faculty member will bear the burden of proof.

2.8.4 Retrenchment

2.8.4.1 Criteria

The College may terminate or reduce the contract rights of the faculty members when the Board, in consultation with the President, determines it is necessary to alleviate a financial exigency within the College or to effectuate a reorganization, elimination or curtailment of academic program or courses offered to students of the College. Financial exigency is defined as a critical need to reorder the College's expenditures in order to allow the College to maintain its financial security or to prevent a sustained and debilitating loss of funds.

2.8.4.2 Preparation of a Plan

If the College declares financial exigency the Board will prepare a plan in consultation with the President to alleviate that exigency. Any plan to alleviate exigency that involves a reduction or termination of the contractual rights of any faculty member will be developed in consultation with the Provost and Vice President for Student Development, the Faculty Executive Committee, and the Academic Planning and Assessment Committee. In the development of the plan primary consideration must be given to protecting the contractual rights of those faculty with longest length of service while addressing the most pressing programmatic needs of the institution.

2.8.4.3 Notice

If the College determines to terminate or reduce contractual rights of a faculty member pursuant to this section, the College shall provide written notice as soon as possible, and never less than twelve months notice or, in lieu thereof, severance salary for up to twelve months if no notice is given.

The notice shall specify the cause of the termination or reduction, provide a summary description of the facts relied on by the College in specifying the cause, and a reference to the faculty member's right to process a grievance pursuant to Section 2.15. Notice shall be given in writing, mailed first class, return receipt requested, and addressed to the faculty member at the last address provided by the faculty member to the Office of Personnel Services of the College.

2.8.4.4 Alternative Positions

Faculty members whose employment contracts are terminated or who are reduced in full-time teaching equivalents will be eligible to transfer to any other vacant position at the College for which they are qualified, subject, however, to the terms and conditions of employment attendant to that position. A faculty member's qualification for a vacant position shall be determined by the President based upon the job description for the position, if any, and after consultation with the supervisor of the administrative unit within which the position is located. A faculty member who exercises the rights accorded under this paragraph and who is determined by the President to be qualified will have a preemptive right to the position over any other applicant except another faculty member exercising the rights accorded under this paragraph who is also qualified and has greater length of service with the College. Length of service will be equal to the years of paid service to the College.

2.8.4.5 Review

If a faculty member is provided notice of termination or reduction of contractual rights pursuant to this section, that person may file a grievance under Section 2.15. The burden of proof will rest with the College and the College will be considered to be the complainant/grievant. The faculty member may present evidence relevant to any legally sufficient defense to the issues raised by the College's presentation of its case. The faculty member may file a grievance as the complainant/grievant if he or she can identify a grievance covered under Section 2.15. In such an event the faculty member will bear the burden of proof.

2.8.4.6 Recall

Tenured faculty members and faculty members on subsequent three-year contracts beyond the sixth year of service to the College who are terminated due to reduction in force shall be retained on a recall list for a period of 365 calendar days from the last date of contracted employment with the College.

Individuals on the recall list shall be given first right of refusal for any faculty position at the College which is opened for hiring by the College provided the individual is qualified to perform the duties of the position as determined by the Provost and Vice President for Student Development, after comparing the position description and the vita of the individual.

If more than one individual is qualified for the position, the Provost and Vice President for Student Development shall offer the position first to the best qualified individual, in his or her judgment. If the offer is declined, the position shall be offered to the next best qualified individual in descending order until the position is accepted or until all qualified individuals have been offered the position, whichever occurs first. If one or more individuals are equally qualified, the position shall be offered first to the individual with greater length of service to the College as determined by the Provost and Vice President for Student Development. Length of service will be the total years of paid service to the College.

Offers shall be presented to individuals on the recall list in writing, mailed first class, return receipt requested, to their last known address as contained in the office of the Provost and Vice President for Student Development. The offer must be accepted by written notification to the Provost and Vice President for Student Development which must be received in the Vice President's office no later than the close of business on the twentieth (20th) calendar day after delivery of notice to the individual, as evidenced by postal receipt.

Any individual who is offered a position under this provision and who declines the offer, or fails to properly respond, or respond at all, shall be removed from the recall list and all rights under this provision shall end.

Individuals on the recall list shall be obligated to maintain on file with the Provost and Vice President for Student Development at all times during the recall period their current mailing address, telephone number and vita.

An individual who is reemployed under this provision shall be restored to the rank, tenure status, and salary held at the time of termination.

2.8.5 Non-reappointment

The term non-reappointment means that the College has decided not to renew a faculty appointment at the conclusion of the stated probationary contract term (see Section 2.2.1.2 and Section 2.7.2).

Non-reappointment is different from "Dismissal for Cause" in Section 2.8.3. Dismissal for Cause applies to all faculty--ranked and unranked, full-time and part-time, tenured and probationary. It is a severance action by the College for just cause and may occur at any time.

Legitimate reasons for non-reappointment of a probationary contract may include, but are not necessarily limited to, the following:

  1. Cancellation of or change in a program as defined in Section 2.8.4.2.
  2. Declining enrollment.
  3. Financial exigencies.
  4. Over-staffing.
  5. Incongruence between the teaching interests of the faculty member and the educational goals of the College.
  6. Unfavorable reviews of the faculty member's major appointment responsibilities of teaching and/or advising as illustrated in Sections 2.9 and 2.11.1 and as evaluated according to the procedures described in the appropriate portion of Sections 2.5 and 2.7.
  7. Inadequate performance of the faculty member's other appointment responsibilities as illustrated throughout Section 2.7 and the appropriate Sections of 2.11 and as evaluated according to the procedures of the appropriate sections of 2.5 and 2.7.

The decision not to reappoint a ranked faculty member is made at the sole discretion of the President except that any such decision may not be arbitrary or capricious. The President shall act following completion of the evaluation process by the Personnel Evaluation Committee described in Sections 2.5 and 2.7 or after receiving the recommendation of the Provost and Vice President for Student Development who shall have consulted with the appropriate Department Chair. If the faculty member is the Department Chair, the recommendation of the Vice President shall suffice.

In cases where a faculty member believes that his or her non-reappointment has been arbitrary, or capricious, he or she may pursue a grievance in accordance with procedures established in Section 2.15 of this Handbook. The burden of proof shall be on the faculty member.

2.8.5.1 Notice of Non-reappointment

Notice of non-reappointment must be given in writing by the following dates:

  1. On or before March 1 of the first academic year of service if the initial appointment is not to be renewed, or at least three months prior to the expiration of an initial, one-year appointment, if it expires during an academic year.
  2. On or before December 15 of the second academic year of service if the appointment is not to be renewed, or at least six months prior to the expiration of the appointment if it expires during an academic year.
  3. At least twelve months from the time of official notice not to reappoint the faculty member if the faculty member is in the third or more year of an academic probationary appointment.

The probationary faculty member is entitled to know the reasons for non-reappointment and, upon written request, to have the reasons given in writing. If the faculty member wishes to know the reasons for non-reappointment, the request should be made to and be honored by the Provost and Vice President for Student Development.

2.8.6 Prolonged Mental or Physical Illness

Termination of an appointment with tenure, a subsequent three-year contract, or a probationary contract for medical reasons will be based upon substantial medical evidence that a faculty member is or will be unable to perform the terms, conditions, and normal duties of the appointment due to medical circumstances for a period of at least one year despite reasonable accommodation.

The decision to terminate for medical reasons will be made only after there has been appropriate consultation and after the faculty member or his or her representative evaluation process by the Personnel Evaluation Committee described in Sections 2.5 and 2.7 or after receiving the recommendation of the Provost and Vice President for Student Development who shall have consulted with the appropriate Department Chair. If the faculty member is the Department Chair, the recommendation of the Vice President shall suffice.

In cases where a faculty member believes that his or her non-reappointment has been arbitrary, or capricious, he or she may pursue a grievance in accordance with procedures established in Section 2.15 of this Handbook. The burden of proof shall be on the faculty member 2.8.5.1 Notice of Non-reappointment

Notice of non-reappointment must be given in writing by the following dates:

  1. On or before March 1 of the first academic year of service if the initial appointment is not to be renewed, or at least three months prior to the expiration of an initial, one-year appointment, if it expires during an academic year.
  2. On or before December 15 of the second academic year of service if the appointment is not to be renewed, or at least six months prior to the expiration of the appointment if it expires during an academic year.
  3. At least twelve months from the time of official notice not to reappoint the faculty member if the faculty member is in the third or more year of an academic probationary appointment.

The probationary faculty member is entitled to know the reasons for non-reappointment and, upon written request, to have the reasons given in writing. If the faculty member wishes to know the reasons for non-reappointment, the request should be made to and be honored by the Provost and Vice President for Student Development.

Termination of an appointment with tenure, a subsequent three-year contract, or a probationary contract for medical reasons will be based upon substantial medical evidence that a faculty member is or will be unable to perform the terms, conditions, and normal duties of the appointment due to medical circumstances for a period of at least one year despite reasonable accommodation.

The decision to terminate for medical reasons will be made only after there has been appropriate consultation and after the faculty member or his or her representative has been informed in writing of the basis of the proposed action and the reasons for it. If the faculty member or his or her representative so requests, within ten working days of the notice of termination, a grievance may be pursued pursuant to Section 2.15 before final action is taken by the President. The College will in each case work within the disability program to ease the burden of any such medical termination as far as is contractually possible.