2.3 CONDITIONS OF APPOINTMENT TO THE FACULTY
The provisions of this statement shall apply to all persons appointed to the faculty of the College to teach courses in a department or discipline for which academic credit is given. They also apply to such other persons as the Board of Trustees may, from time to time, designate.
- 2.3.1 Levels of Academic Rank
- 2.3.2 Terms of Appointment
- 2.3.3 Adjunct Appointments
- 2.3.4 Visiting Appointments Full-Time
- 2.3.5 Limited Appointments Part-Time
- 2.3.6 Tenure Track Appointments (Regular Limited Appointments)
- 2.3.7 Tenure (Appointment without Limit)
- 2.3.8 Appointment Contracts
- 2.3.9 Expiration of Limited Appointment
- 2.3.10 Resignation of Appointment
- 2.3.11 Retirement
- 2.3.12 Phased Retirement for Kenyon College Faculty
- 2.3.13 Suspension or Termination of Appointment
- 2.3.14 Termination of Positions by the College
- 2.3.15 Reduction of Program
- 2.3.16 Notification of Termination
- 2.3.17 Compensation in the Event of Termination
(amended May 1992)
In accordance with customary practice in American colleges and universities, Kenyon College recognizes four levels of rank in its teaching faculty.
Instructor. This rank is normally held by persons who have not been awarded the terminal degree in their field, but who have demonstrated promise of teaching excellence, scholarly or artistic accomplishment, and effective service to the College, and who anticipate the completion of their terminal degree requirements prior to their pretenure review.
Assistant Professor. This rank is normally held by persons who have been awarded the terminal degree in their field and who have at Kenyon or elsewhere demonstrated promise or given evidence of teaching excellence, scholarly or artistic accomplishment, and effective service to the College.
Associate Professor. This rank is normally held by persons who have demonstrated at the rank of Assistant Professor sustained excellence in teaching, scholarly or artistic accomplishment, and effective service to the College. The review for tenure typically serves as the first review for promotion to this rank.
Professor. This rank is normally held by persons who have maintained the level of professional performance required for promotion to Associate Professor and have also demonstrated sustained excellence in the three "Criteria for Evaluation" (see section 2.4.2). The first review for promotion to Professor may take place as early as the seventh year in rank as Associate Professor.
Note: Faculty members may be reviewed for promotion to Professor at their request or at the request of the department chair, the Provost, or the President, providing a review for promotion has not taken place in either of the preceding two years. The review procedure will be the same as that followed for tenure. Requests for review should be submitted to the Provost in writing prior to December 1 of the academic year previous to that in which the review is to take place. (See section 2.4.12.)
There are two kinds of appointments to the faculty, defined by the Constitution of the College as follows:
A Limited Appointment is an appointment by the President of the College to a position on the faculty for a specific period of time, as stated in the Letter of Appointment. There are four different kinds of limited appointments: adjunct, visiting appointment full time, limited appointment part time, and tenure track.
An Appointment Without Limit (commonly referred to as "tenure") is an appointment by the Board of Trustees of the College to a position on the faculty for an indefinite period. The general terms of such appointments are described in section 2.3.8.
Adjunct appointments are made by the President to meet a variety of special needs. Such appointments are made on an ad hoc basis and are not subject to the routine procedures of faculty hiring, review, or reappointment. Persons holding adjunct appointments have neither voice nor vote in the faculty meeting and have correspondingly limited departmental and collegiate responsibilities.
Visiting Appointments that are full-time shall be for a specified rank in a specified discipline or disciplines, and for a specified term not to exceed three years. A full-time visiting appointment may be extended for additional terms, but in no case beyond six consecutive years. Persons holding visiting appointments are subject to evaluation and review as specified below. Faculty members serving under a visiting appointment are expected to participate in departmental affairs in a manner similar to those holding regular appointments, though they ordinarily do not serve as faculty advisors to majors or participate in faculty reviews. They are eligible for participation in faculty development opportunities and to serve on ad hoc committees or subcommittees. However, ordinarily they are not expected to stand for election to standing committees of the faculty. They may not be considered for leaves of absence. Service under a visiting appointment does not lead, as a matter of course, to evaluation for tenure. (See sections 2.1.7 and 2.4.11 on Visiting Appointments.)
Limited Appointments that are part-time shall be for a specified rank in a specified discipline or disciplines. A part-time visiting faculty member is paid on a per course basis and is not subject to the six-year (consecutive) maximum appointment limit. Part-time faculty are not expected to participate in departmental affairs, advise students, serve on committees (standing or ad hoc), or assume any other responsibilities not directly associated with their class or classes. A part-time faculty member may teach up to four courses and will need to teach at least three courses in order to qualify for fringe benefits.
Tenure Track Appointments shall be for a specified rank and in a specified discipline or disciplines, and for a specified term not to exceed three years, and may be renewed for successive terms of not more than three years each. Before the extension of any limited appointment, the appointee shall be evaluated in accordance with criteria and procedures (see 2.4.2) approved by the faculty and the President. The President, in consultation with the Provost and in consideration of the review dossier, determines whether or not to reappoint.
After an appropriate probationary period, all persons holding tenure track appointments are reviewed for tenure. In accordance with profession-wide standards formulated by the American Association of University Professors, the cumulative total of full-time teaching service at the College under a tenure track appointment shall not exceed seven years. However, in special circumstances, the Board of Trustees may offer tenure at any time.
Prior Service Outside of Kenyon
When a faculty member has prior service elsewhere, the College may count up to three years of that service as part of the normal seven-year probationary period. The amount of credit for prior service and the length of the probationary period at Kenyon will be stated in the first Letter of Appointment.
However, an appointee who has received credit for three years prior service elsewhere towards tenure may request extension of the probationary period at Kenyon from four to five years. Such a request must be made of the President in writing between December 1 and March 15 of the second academic year of the member's first tenure track appointment.
Prior Service at Kenyon
An appointee to a tenure track appointment may have prior service on the faculty of the College. If the prior service occurred under a tenure track appointment, all such service shall count towards the normal seven-year probationary period.
If the prior service occurred under a visiting full-time appointment, the College may count all, a portion, or none of that service, as part of the normal seven-year probationary period. However, the combined service as a full-time faculty member, on visiting appointment and tenure track, may not exceed nine years. The amount of credit for prior service and the length of the probationary period at Kenyon will be stated in the first letter of tenure track appointment.
No part of prior service rendered under an adjunct or limited appointment shall count towards the normal seven-year probationary period prior to an appointment without limit.
Leave of Absence
Ordinarily, time spent on leave of absence is not counted as part of the seven-year probationary period. However, under special circumstances, the College and the appointee may agree that time spent on leave of absence will count as if in service to the College. Such an agreement will be stated in writing at the earliest appropriate opportunity.
Tenure shall be to a position in a specified discipline or disciplines and, unless terminated voluntarily by the appointee or terminated by the College for cause, shall continue so long as the position is maintained by the College or until the retirement or death of the appointee.
Tenure may be at any rank. However, an appointment involving promotion of a member of the Kenyon faculty to the rank of Professor shall be a tenured appointment.
The College may tenure a member to a part-time position in a specified discipline, expecting that he or she has and will continue to hold a position at half-time or more, and given that the member has taught at least half-time at Kenyon for the normal probationary period of seven consecutive years. Tenure will obtain at the rank to which that member was appointed. Credit toward the probationary period may be granted to individuals with prior service at another institution. The member's status may be changed to full-time only after an evaluation for that purpose.
(amended April 2013)
Notification of appointment to the faculty is made in writing by the President of the College. This notification is known as the " Letter of Appointment." Although the Letter of Appointment constitutes a commitment to employ the appointee for the time and the position specified, an appointment to the faculty becomes effective only when the "Contract for Services" has been duly executed.
The conditions specified in this Faculty Handbook work in tandem with the Letter of Appointment.
The Contract for Services is a written agreement between the College and the members of the faculty which specifies the emoluments and other conditions of their appointment for the academic year specified.
On or before April 15 of each year, the President sends in duplicate an annual contract to each faculty member whose appointment is continued into the next academic year. Faculty members under review will receive a letter of intent on this date until they receive their Contract for Services in May.
An annual contract shall become binding upon the College and the faculty member only when duplicate copies have been signed by both parties and each has possession of one such copy. The appointee indicates acceptance of the contract by signing and returning one copy to the Provost of the College no later than the 15th day of May of the year in which it is received.
Any annual contract which is not accepted in the manner and time period specified shall be null and void. The appointment to the faculty upon which it is predicated will be deemed voluntarily terminated by the appointee effective upon the expiration of the current Contract for Services. However, the President and the appointee, by mutual agreement in writing, may extend the time for acceptance.
A Contract for Services duly executed and delivered shall be legally and morally binding upon the College and the faculty member.
Both adjunct and visiting appointments expire according to the terms specified in the Letter of Appointment or the Contract for Services. Therefore no notice of their expiration is required. However, in cases of possible extension of adjunct and visiting appointments, the College will follow the guidelines used for regular tenure-track appointments.
In the case of Regular Limited Appointments, if the College decides not to reappoint, the President shall notify the faculty member in writing: at least four months prior to the expiration date of any limited appointment of one year or less, at least seven months prior to the expiration of a limited appointment of two years or less but more than one year, and at least twelve months prior to the expiration of any other limited appointment.
The College will accept any resignation of a faculty member effective at the end period specified in the current Contract for Services when the resignation is given to the President prior to April 15. The President may accept a resignation submitted after that date upon consultation with the Provost and the relevant department chair.
(revised August 2010)
The minimum retirement age at Kenyon is 59 ½ in order to retain any allowable retirement benefits. Provided that eligibility requirements have been met, the College medical insurance coverage is available till age 65 for the (early) retired faculty member and his/her eligible dependents. At age 65 the retired faculty member will be offered Medicare Supplement plans through the Emeriti Health Plan options. Under certain conditions other fringe benefits are also available to retired faculty members and their dependents. Please refer to Section 5, FRINGE BENEFITS, for more details.
Employment after retirement is at the need of the College and the convenience of the faculty member. The terms of such employment are subject to individual negotiation; however, any retirement agreement previously entered into remains in effect. During periods of employment in a position at half-time or greater, the College continues its contribution to health and life-insurance programs and its contribution to the faculty member's TIAA/CREF retirement annuity fund. Participation in the Kenyon and the Great Lakes Colleges Association (GLCA) tuition-remission plans is open to qualified dependents of such persons as it is for normal full-time employees.
(added 4/26/2012, Provost)
After reaching the age of 59 1⁄2 and having completed their 10th year of service on the faculty, faculty members may elect to reduce their teaching load for the period of this agreement. Such a plan is governed by the following conditions:
- A faculty member negotiating a phased retirement option receives a written contract specifying the terms of service during phased retirement. This agreement is worked out by the candidate for phased retirement with the Provost and the relevant department(s) and program(s), and specifies such things as the courses to be taught, the department work to be done, the disposition of office space, College committee service, and other College work. Such agreements provide for flexibility (say, in courses taught) and are open to revision if all the parties agree.
- Depending on department and College needs, a phased retirement contract may specify a teaching load of any number of courses or half courses below a full load. Course assignments are governed primarily by needs of the department or program and by available funding.
- If the teaching load for the faculty member under the phased retirement agreement constitutes a half-time or more appointment, fringe benefits will continue as for other benefit-eligible faculty. If the teaching load drops to less than half-time, the faculty member under the phased retirement agreement will be treated as an early retiree for the purposes of fringe benefits. (See Section 5.0, Compensation and Fringe Benefits and/or consult with the Office of Human Resources for a full description of retiree benefits.)
- The maximum term of a phased retirement contract is five (5) years, with details of salary and benefits subject to negotiation involving the faculty member and the Provost.
- An individual who elects this plan may shift to full retirement at any time with one semester's notice.
(See sections 1.6.1, 1.6.3, 2.1.6 and 2.6.0.) (amended July 1998)
Causes for Suspension or Termination of Appointment: The College, acting through the President, may suspend for a specific period of time or until specified conditions have been met, or terminate any appointment, limited or unlimited, prior to the expiration of its term for any of the following causes:
A. Failure to perform professional duties. Such suspension or termination shall be based on neglect of duties or refusal or continued failure to perform said duties. The reasons for the suspension or termination must directly and substantially relate to the appointee's role as teacher/scholar.
B. Gross personal misconduct. Such suspension or termination shall be based on gross personal misconduct or a crime involving moral turpitude. "Gross personal misconduct" is defined as clear, unambiguous, and severe violation of those norms of behavior that are minimally necessary for the carrying on of professional life. The activities for which the appointee is charged must directly and substantially relate to the appointee's role as teacher/scholar in the College. Actions under this section must not be contrary to the College's policy on "Academic Freedom" as set forth in section 2.1.5 of the Faculty Handbook.
C. Conviction of a felony. Such suspension or termination shall be based upon the conviction of the appointee by a court of competent jurisdiction of a felony. In determining whether it is in the best interest of the College to suspend or terminate an appointee who has been convicted of a felony, the President shall give careful consideration to the nature of the crime of which the appointee has been convicted and the circumstances surrounding the commission of the crime and the judicial proceedings resulting from the conviction.
D. Termination of the appointee's position, as specified in sections 2.3.12 and 2.3.13.
Administrative Suspension : The President may suspend a faculty member from duty for a specified period of time when, in the judgement of the President, the continued performance of duty, pending investigation, or during termination proceedings, by such member will result in harm to the faculty member or the College. The faculty member's compensation (salary and fringe benefits) shall continue during such suspension.
Faculty Member Rights : No collegiate investigation or hearing procedure may result in the termination of a faculty member's appointment for disciplinary reasons or in the suspension of a faculty member unless that investigation or hearing procedure explicitly incorporates guarantees of due process. Those guarantees specifically include:
A. The right of the accused to have a written description of all charges early in the investigation or hearing process.
B. The right of the accused to have a faculty member of choice for counsel present in all phases of the investigation or hearing process in which the accused may be present.
C. The right of the accused to question all persons giving testimony or supplying information in the investigation or hearing. (The accuser may be accompanied by a faculty counsel of choice. When the accuser is a student, the accuser may be accompanied by additional support persons.) Either the accused or the accuser may request that the questioning take place with the persons located in separate rooms with communication by an audio system.
D. The right of the accused to present evidence, to call witnesses, to rebut testimony, and to present a defense in the investigation or hearing process.
E. The right of the accused to appeal such a termination or suspension to the Grievance Committee on the grounds specified in the Faculty Grievance Procedure (See section 2.5) and/ or the ground that the investigation or hearing process which led to the termination or suspension failed to incorporate the guarantees described herein.
F. The waiver of any of the rights of the accused, set forth in this statement, requires a written agreement addressed to the President.
G. The accused may seek legal counsel when charges are made that would affect the professional career of the accused; however, lawyers are not permitted participation in the College's hearing process.
Procedure : In all cases of suspension or termination, the President will, after following the processes set forth above, convene the faculty members of the Executive Committee to discuss the decision. In all cases, the President has the final decision. The President will consult with the Executive Committee on the form of the announcement, if any, of the decision.
Disability : Faculty members suffering from mental or physical disability may be covered by the College's disability insurance during such time as they are unable to carry out their professional responsibilities. (See section 5.10.) Members who are experiencing or anticipate periods of disability should discuss their situation with their department chair or the Provost. Kenyon College is committed to helping disabled members seek appropriate treatment and return to full-time teaching.
(approved April 1994)
A. The College, acting through the President, may terminate any position in a department or interdisciplinary program on the grounds of financial exigency. Such terminations shall be based on an initial determination by the Board of Trustees that urgent financial needs of the College require some reduction of the College's activities, and on a subsequent determination by the President, based in turn upon the consultative and appellate procedures outlined below, that the position(s) affected be abolished or consolidated with another position or other positions. The reallocation of positions between and among departments and interdisciplinary programs for reasons other than financial exigency is not treated here.
- The initial determination by the Board of Trustees shall, however, be made through a process involving consultation with duly appointed members of the Executive Committee.
- That determination shall be conveyed by the President to the Chair of the Faculty and announced to the faculty. The Executive Committee, with the assistance of its Resource Allocation and Assessment Subcommittee (RAAS), shall then undertake a study to determine whether in its view:
a) a state of financial exigency exists and
b) it is necessary to terminate positions as a way of coping with it.
c) If the Executive Committee determines either that a state of financial exigency does not exist or that it is not necessary to terminate positions as a way of coping with it, or both, it shall prepare a report stating the reasons for its finding and petitioning the President and the Board of Trustees not to proceed with reductions in the instructional program. The President is to consider this report and reply in writing to the Executive Committee.
In considering the reduction of departments or interdisciplinary programs, the primary concern shall be the College's commitment to a sound liberal arts curriculum. Important, though unranked, considerations include the desirability of preserving sound major and honors programs in each department or interdisciplinary program, the diversity of the faculty of the College, the desirability of preserving courses for diversification, and long term trends in department enrollments.
B. The following shall be the review procedures for reduction of a department or departments or an interdisciplinary program or programs.
- Before any such reductions may be proposed or considered, there must be a finding of the Board of Trustees that financial exigency exists such as to require such a reduction, and a consequent finding by the President of the need for a reduction of the instructional program as described in section 2.3.12.A.
- In case of a finding of financial exigency by the Board of Trustees, the President, with the advice of the Executive Committee, shall appoint an Assessment Committee. This committee will be composed of five members, three tenured and two untenured, including one member from each curricular division. This committee is charged with making a recommendation about which department(s) or interdisciplinary program(s) are to be reduced in size. The committee may proceed as it determines, but it is to have at least two meetings: one in which the Provost presents a detailed proposal for targeted reductions, including supporting arguments, and at least one other to hear the department(s) and interdisciplinary program(s) potentially affected. The Assessment Committee may make recommendations of reductions other than those proposed by the Provost, but only on the basis of full and proper hearing of those potentially affected by such recommendations as well. The Assessment Committee may consult as widely within the faculty and administration as it sees fit. In view, however, of the general criteria for reduction listed in section B above, the Assessment Committee may, as a rule, only recommend the reduction of one full position for every department or interdisciplinary program. The recommendations of the Assessment Committee are made to the President and are made known to the entire faculty.
- When the Assessment Committee has made its recommendations, potentially affected departments or interdisciplinary programs may then appeal these recommendations to the President and Provost. The President and Provost may proceed in hearing these appeals as they see fit, but they must hear the potentially affected departments or interdisciplinary programs.
- When and if the President then names particular departments or interdisciplinary programs to be reduced in size, a department or interdisciplinary Program Review Committee is to be elected for each affected department or interdisciplinary program. Each such Review Committee is to be composed of five members, three tenured and two untenured, including one member from each curricular division. Each Review Committee is to be elected in the following manner:
a) The Provost will inform the Chair of the Faculty of the need to elect the relevant Review Committee(s).
b) The Chair of the Faculty will arrange an election of a Review Committee for each relevant department or interdisciplinary program.
c) Nominations of at least five names for election to each Review Committee will be made by the Executive Committee after consultation with the members of the department or interdisciplinary program concerned.
- Each Review Committee is charged with making a recommendation about the particular position that is to be eliminated within the relevant department or interdisciplinary program. The Review Committee may proceed as it determines but must at least incorporate into its work the following procedures:
a) The department or interdisciplinary program under review is charged with the responsibility of making an initial and precise proposal of which position is to be reduced, including supporting argument.
b) Where this proposal involves the termination of a position whose occupant, under the relevant terms of employment, would otherwise have continued in employment at the College, the Review Committee will also hear and consult with the particular faculty member(s) involved.
c) When the Review Committee makes its recommendations to the President, they must also be made known to the department or interdisciplinary program and to any potentially affected faculty member(s).
d) At this point, potentially affected faculty members may make an appeal to the Provost and President. The President and the Provost may proceed in hearing the appeals as they see fit, but they must hear the potentially affected faculty members.
e) At this point, too, the relevant departments may make an appeal to the Provost and President. The President and the Provost may proceed in hearing the appeals as they see fit, but they must hear the potentially affected departments and programs.
f) The criteria, unranked, to be used by the Review Committees include, principally, integrity of program, seniority and the normal criteria of teaching excellence, scholarship and artistic engagement, and collegiate citizenship as they are used in reviews for reappointment, tenure and promotion.
- Qualifications and limits to the reductions of positions are as follows:
a) There shall be an annual consultation between the senior academic administration and the Executive Committee and its Resource Allocation and Assessment Subcommittee to discuss the academic staffing situation.
b) No position with a current occupant will be terminated before the termination of all unfilled positions in the same department or interdisciplinary program.
c) No appointment without limit will be terminated before the termination of all limited appointments in the same department or interdisciplinary program.
d) In each instance of termination of a position involving a particular faculty member, the faculty member whose position is terminated will be offered an employment contract for one year beyond the Contract for Services of that member in force at the time the President informs such member, in writing, of the decision to terminate the position.
e) The College is enjoined from reestablishing a position that is identical to, or that even substantially resembles, a position that it has eliminated, for a period of five years after the end of the academic year in which the position was terminated. This proviso seeks to prevent the College from using the elimination of positions as a form of punishment either of a department or interdisciplinary program or of an individual.
f) Similarly, except in cases of extreme danger to the integrity of the curriculum, the College is enjoined from adding new positions at the same time that it is cutting others in the name of financial exigency.
g) Similarly, a sharp distinction is to be made between temporary discontinuance of positions and termination of positions. The former may be done in cases of retirement, resignation, or death (though not in cases of negative reappointment decisions or in cases where a current occupant would otherwise continue in the position), for up to two (2) years.
h) Before terminating an appointment because of financial exigency, the institution, with faculty participation, will make serious efforts to place the faculty member concerned in another suitable position within the institution. If placement in another position would be facilitated by a reasonable period of training, financial and other support for this training will be proffered. The College will consider requests for financial assistance in job searches.
i) Immediately upon termination of an appointment because of financial exigency, the College will officially notify the relevant national learned societies of that fact.
- The schedule for this procedure is the following:
a) Within thirty (30) days of an initial finding by the Board of Trustees of financial exigency requiring the reduction of the activities of the College, the President will present a report to the faculty stating this, and announcing his intent to nominate an Assessment Committee to determine which department(s) or interdisciplinary program(s) ought to be reduced.
b) Within fourteen (14) days of this announcement, the Assessment Committee will be appointed by the President, after due consultation with the Executive Committee.
c) Within fourteen (14) days of its constitution, the Assessment Committee is to hear the Provost's detailed proposal for reductions.
d) Within sixty (60) days after the Provost's detailed presentation, the Assessment Committee will present a written report to the Provost and the President, which will be presented at the same time to the faculty.
e) Within fourteen (14) days after the presentation of the report of the Assessment Committee, the senior academic administration is to hear any and all appeals of the judgment(s) of the Assessment Committee by any and all affected departments or interdisciplinary programs.
f) Within thirty (30) days after the conclusion of any and all appeals, the President is to announce the administration's decisions about which, if any, department(s) or interdisciplinary program(s) are to be reduced.
g) Within seven (7) days after the announcement of the administration's decisions, the Provost is to notify the Chair of the Faculty of the need for one or more departmental or interdisciplinary program Review Committees.
h) Within fourteen (14) days of notification by the Provost, the Chair of the Faculty is to have arranged and completed elections for each necessary Review Committee.
i) Within sixty (60) days after their constitution, each Review Committee is to present a written report to the President, the Provost and the faculty.
j) Within fourteen (14) days of the presentation and publication of the particular Review Committee's report, the senior academic administration is to hear the appeal of any affected faculty member(s), with the proviso that each such member is at liberty to ask for a delay of up to thirty (30) days thereafter to allow a full opportunity to make his or her arguments.
k) Within fourteen (14) days of the presentation and publication of the particular Review Committee's report, the senior academic administration is to hear as well the appeal of any affected department or interdisciplinary program that chooses to appeal.
l) Within fourteen (14) days of the conclusion of all appeal hearings, the President is to announce the relevant decisions about which position(s) are to be terminated.
m) The incidence of a summer or Christmas vacation in the course of the ongoing procedures shall be reason for a suspension of the relevant deadlines until the end of that vacation.
(approved April 1994, amended April 2013)
A. The College, acting through the President, may terminate any department or interdisciplinary program of the College on grounds of financial exigency. Such termination shall follow a review, in accordance with the criteria and procedures outlined below as approved by the faculty and the President, of the teaching of the department(s) and interdisciplinary program(s) in the College immediately affected by the termination(s), and shall not be used punitively.
- Termination of departments or interdisciplinary programs for reasons other than financial exigency, i.e., as matters of reallocation, are not treated here.
B. Termination of an entire department or interdisciplinary program is to be the very last priority in dealing with financial exigency.
C. The following procedures and limitations are enacted:
- Since this is the very last priority in dealing with financial exigency, all the procedures outlined in section 2.3.12 for the finding of a condition of financial exigency must already have been undertaken and all efforts to alleviate the situation short of termination of a whole department or interdisciplinary program must already have been taken.
- Furthermore, for the possibility of termination of a whole department or interdisciplinary program to arise, the Executive Committee, in consultation with its Resource Allocation and Assessment Subcommittee, must make a finding, on the basis of careful study, that termination of one or more whole departments or interdisciplinary programs is worth serious consideration. It shall report this finding to the President and the faculty, and shall provide all appropriate financial data and targets.
- If such a finding has been made, the Executive Committee shall appoint a Special Assessment Committee, following the procedures outlined above for the appointment of an Assessment Committee in section 2.3.12.
- The initial charge of the Special Assessment Committee is to recommend to the faculty and administration:
- Whether any department or interdisciplinary program ought to be terminated; and
- If so, which one(s) are the likeliest target(s).
- All procedures outlined above in section 2.3.12 apply to the Special Assessment Committee as well. Additionally, however, the Special Assessment Committee shall be required to consult with relevant outside institutions about their experiences in terminating or not terminating particular departments or interdisciplinary programs.
- If the Special Assessment Committee singles out one or more department(s) or interdisciplinary program(s) as candidates for termination, the following procedures are to govern the next step of the process:
- The Special Assessment Committee shall make a report to the President and the faculty stating its findings and the reasons for its findings.
- The Special Assessment Committee shall then undertake a study of the particular department(s) or interdisciplinary program(s) it has singled out as candidates for termination, with the purpose of arriving at a recommendation to the President and the faculty whether such department(s) or interdisciplinary program(s) should be terminated or not.
- The Special Assessment Committee may proceed as it determines but it must undertake the following steps:
- it must hear a full and supported presentation of the affected department's or interdisciplinary program's case.
- it must consult extensively with other relevant institutions.
- it must consult specifically with members of the affected disciplines from other institutions.
- it must consult extensively with other departments and programs that would be affected.
- If the Special Assessment Committee recommends to the President and the faculty the termination of a department or an interdisciplinary program, the matter is to be brought before the faculty, which is, following its ordinary procedures, to debate the issue at one or more meetings, and to vote upon it at the subsequent meeting.
- a majority of 2/3 of those voting is required for a positive recommendation for terminating a department or interdisciplinary program.
- In case of a positive recommendation by the faculty, the President may decide to terminate an entire department or interdisciplinary program.
- However, the President is to hear and consider an appeal by the department or interdisciplinary program whose termination has been recommended before making a final decision.
D. All the rights regarding pay, re-employment, and retraining listed in section 2.3.12 apply to any individuals whose positions are terminated as the consequence of the termination of any department or interdisciplinary program.
- The College is enjoined both from establishing any new department(s) or interdisciplinary program(s) for a period of five years after the termination of a department or interdisciplinary program on grounds of financial exigency.
E. The schedule for this procedure is the following:
- The Executive Committee is to make a finding of extreme financial exigency, and the legitimacy of considering the termination of one or more departments or interdisciplinary programs, and to appoint a Special Assessment Committee no later than the week before the last (i.e., May) faculty meeting of the academic year before the academic year in which the final decision of termination or non-termination is to be made.
- The Special Assessment Committee is to begin its work immediately upon its formation and is to report to the President and the faculty no later than October 15 on 1) whether it recommends that any department or program be terminated and on 2), if so, which department(s) or program(s) it has targeted for final determination about termination.
- The Special Assessment Committee is to make its final recommendations about the particular department(s) or interdisciplinary program(s) it may have targeted by December 15.
- The President is to make his final decision before the date of issuing contracts for the following year, i.e., April 1.
Notification of the expiration of a faculty appointment, either through non-renewal of a limited appointment or a decision not to grant appointment without limit, will take place according to the provisions described in section 2.3.8. In such cases, only upon written request of the faculty member shall the administration provide a declaration of the grounds of the decision.
A faculty appointment may be terminated by a decision of the administration prior to the expiration of its term for the reasons listed in sections 2.3.11-13. In such cases, the administration will provide, at the time of notification of the effective date of such termination, a declaration of the grounds upon which the decision to terminate has been based.
If an appointment is terminated by the administration prior to the expiration of its term by reasons of professional unfitness or moral turpitude, the compensation of the faculty member shall cease on the date of such termination. (See section 2.3.11.) However, if such termination is rescinded as a result of review, the faculty member shall be compensated as if such termination had not occurred.
If an appointment is terminated prior to its expiration date for financial exigency or discontinuance of a program or department of the College, the faculty member shall receive current compensation for one year following the expiration of the annual contract year in which such termination becomes effective.
If an appointment is otherwise terminated by the administration prior to its expiration date, the Board of Trustees shall determine the amount of terminal compensation, if any, taking into account the circumstances of such termination, including the length and quality of service of the faculty member.