4.3. A. Financial Exigency
4.3. A. Financial Exigency
The Existence of Financial Exigency is determined by the Board of Trustees on the recomemdnation of the President inconsultation with the faculty.
- When it is determined that staff cuts are necessary due to Financial Exigency, the President will consult with the VPAA/Dean of the Faculty. The VPAA will then consult with the Faculty Policy Committee regarding the extent to which tenure-line faculty positions are to be eliminated. The Faculty Policy Committee will determine the criteria for identifying the individuals whose appointments are to be terminated. The Faculty Personnel Committee will identify and recommend to the VPAA/Dean of the Faculty the individuals whose appointments are to be terminated.
- If a tenured faculty member is impacted, he or she will be considered for any open position at the College for which he or she is deemed qualified. If two or more tenured faculty are impacted and both possess qualifications for an open position, the College shall determine which is the best qualified to fill the open position.
- Any tenure-line faculty member whose appointment is terminated due to Financial Exigency and who is not offered continued employment at the College will be provided written notice that their appointment is being terminated due to Financial Exigency. Such notice will be provided by the President at least two (2) full semesters in advance of the date of termination. In lieu of notice and at the discretion of the College, the faculty member may be provided a lump sum payment equivalent to the applicable notice period, minus appropriate withholdings and deductions.
- A faculty member whose appointment is being terminated due to Financial Exigency may make a written request for a meeting to appeal the recommendation based on process violation with the tenured members of the Faculty Welfare Committee within ten (10) business days following the date of notification of termination for Financial Exigency. If a request for a process appeal meeting is appropriately made, the tenured members of the Faculty Welfare Committee will schedule the meeting no fewer than three (3) weeks and no more than four (4) weeks following the date of the written notice. The faculty member and the VPAA/Dean will be invited to attend the process appeal meeting to offer information bearing on whether or not the process set forth in subparagraphs 1-3 above has been substantially followed. Following the review meeting, the tenured members of the Faculty Welfare Committee will meet in executive session, in the absence of the VPAA/Dean and President, and reach an opinion as to whether the process has been substantially followed. Within seven (7) business days following the review meeting the tenured members of the Faculty Welfare Committee will provide the faculty member and the President with its nonbinding written opinion as to whether or not the process has been substantially followed. After consideration of the opinion of the tenured members of the Faculty Welfare Committee, the President, in consultation with the VPAA/Dean, may work to correct any perceived procedural error(s), work with the faculty member in achieving a mutually acceptable resolution, or send a recommendation to terminate for Financial Exigency along with the nonbinding opinion of the tenured members of the Faculty Welfare Committee to the Board of Trustees. The Board of Trustees will meet in executive session to consider the matter and it will render a final written decision, which the President will provide the faculty member and the Chair of the Faculty Welfare Committee within twenty (20) business days following the Board’s receipt of the President’s recommendation.