Search for a Policy
Termination Under Financial Exigency of a Tenured Appointment
Scope: Faculty and Instructional Staff are covered by this policy.
Scope: Faculty and Instructional Staff are covered by this policy.
“Financial exigency” is defined as fiscal emergencies that have two characteristics:
Tenure termination due to financial exigency shall occur only when an emergency cannot be alleviated by less drastic means (as detailed below). By the same token, financial exigency must be severe enough to justify, in principle, termination of some faculty across the University, not just in selected departments. Similarly, financial exigency shall not be used as a means of endangering academic freedom or discriminating against persons on grounds of sex (including sexual harassment, sexual violence, sexual misconduct, domestic violence, dating violence or stalking), race, color, religion, national origin, disability, age, sexual orientation, gender identity, pregnancy, military status, veteran status, or political orientation.
While it is recognized that the Board of Trustees has final authority for the successful and continuous functioning of the University, in the event of financial exigency involving termination of tenured appointments, the following procedures shall be followed:
All such evaluations shall be consistent with University policy on affirmative action and non-discrimination. Moreover, the welfare of the tenured faculty shall predominate throughout, and only under extraordinary circumstances may nontenured appointments be given preference over tenured ones. All such preferential appointments shall require a three-fourths majority vote of the tenure committee(s) of the appropriate department(s), together with the approval of the appropriate department chair(s), the appropriate academic dean(s), and the Provost. Analogous criteria shall govern the evaluation of nonfaculty unclassified administrative staff and of classified employees. (It is recognized that classified employees have their own “Layoff Procedures.” These procedures can be accelerated under conditions of financial exigency.)
The President (or a designated agent) shall inform the individuals whose appointments are to be terminated, by registered mail, providing each with a statement of the criteria employed and the procedures by which the decision was reached.
A tenured faculty member who has been notified of termination of appointment due to financial exigency shall have the right to a hearing before the Committee on Faculty Rights and Responsibilities. The appeal shall be filed within thirty (30) calendar days of the date of the President’s termination letter. The hearing shall be closed (unless the appellant requests otherwise), and the faculty member shall have the right to counsel and to presentation of witnesses and all other relevant evidence. The issues in this hearing include:
The Committee on Faculty Rights and Responsibilities shall maintain a summary record of the hearing and it shall forward to the President a recommendation in writing, within sixty (60) calendar days of the President’s termination letter.
In any case of tenure termination due to financial exigency, the affected person shall be given a full academic year’s notice, beyond the current contract year.
For a period of three (3) years following tenure termination due to financial exigency, the person whose appointment was terminated shall be given preference in filling any vacancy for which, in the judgment of peers, he or she is qualified, and a reasonable time in which to accept or decline it.
Not applicable.
Not applicable.
Not applicable.
7/1/2023
Provost and Executive Vice President for Academic Affairs
Not Applicable.
No
501 E. High Street
Oxford, OH 45056
1601 University Blvd.
Hamilton, OH 45011
4200 N. University Blvd.
Middletown, OH 45042
7847 VOA Park Dr.
(Corner of VOA Park Dr. and Cox Rd.)
West Chester, OH 45069
Chateau de Differdange
1, Impasse du Chateau, L-4524 Differdange
Grand Duchy of Luxembourg
217-222 MacMillan Hall
501 E. Spring St.
Oxford, OH 45056, USA