4.5 Termination of Tenure or Dismissal Before Expiration of Contract

Termination of continuous appointment with tenure, or of a probationary appointment before the end of the specified term, may be effected by the University only for adequate cause. If termination takes the form of a dismissal for cause, it will be pursuant to the procedure specified in Section 4.51.

Changes of University conditions
Where termination of appointment is based upon financial exigency on the part of the institution, or bona fide discontinuance of a program or department of instruction, Section 4.51 does not apply. In this case, faculty members will have the issues reviewed by the faculty of the relevant unit, or by the AFTPE Committee, with ultimate review of all controverted issues by the Board of Trustees. In every case of financial exigency or discontinuance of a program or department of instruction, the faculty members concerned will be given notice as soon as possible, and never fewer than 12 months notice, or they will be given severance salary for 12 months in lieu of adequate notice. Before terminating an appointment because of the abandonment of a program or department of instruction, the University will make every effort to place the faculty members affected in other suitable positions.

If appointments are terminated before the end of the periods of appointment, because of financial exigency, or because of the discontinuance of a program of instruction, released faculty members’ places cannot be filled by a replacement for two years, unless the released faculty members have been offered reappointment and a reasonable time within which to accept or decline it.

Fitness to work
Termination for medical reason of tenured appointments or of non-tenured or special appointments before the end of the period of appointment must be based upon clear and convincing medical evidence which will be reviewed by the AFTPE Committee, at the faculty member’s request, before a final decision is made by the Board of Trustees on the recommendation of the Chancellor.

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