Termination and Dismissal of Tenured Faculty

1. Causes for termination and dismissal of tenured faculty
   1. The contract of a faculty member having tenure may be terminated by the president because of financial exigencies of the university or discontinuance of an academic program.  In such cases, the faculty member may appeal this decision to the executive committee of the Board of Trustees.
   2. The contract of a faculty member having tenure may also be terminated through dismissal proceedings (outlined in the following section) for the following reasons:
   3. Charges which question a faculty member’s fitness, including an incapacitating disability that extends beyond two academic years. Compensation will be in accordance with the university’s sick-leave policies in effect at that time.
   4. Charges of failure to cooperate with the policies of the school, made by faculty members or administrators of the school and submitted, in writing, to the president.
   5. Charges that a faculty member’s teaching or conduct is contrary to the Christian ideals and purposes of the university submitted, in writing, to the president.
2. Dismissal proceedings for tenured faculty
   1. The president must review the charge(s) made with the faculty member charged.
   2. If the faculty member charged agrees that the charge(s) is/are valid, and both the faculty member and the president agree that the seriousness of the charge(s) warrants employment termination, the decision will be finalized and proper dismissal terms will be agreed upon.
   3. If the charge(s) is/are denied, or the faculty member or the president feels that the charge(s) is/are not sufficient to warrant employment termination, the president must order a conference by a review panel consisting of the president, provost, and chair of the Faculty Association to consider the charge(s).  This conference must be convened within 30 days of the denial of the charge(s) by the faculty member or the president’s determination of the insufficiency of the charge(s) to warrant employment termination.  (If the charged individual is the chair of the Faculty Association, another representative of the committee will be selected by the committee as an alternate).  The faculty member charged and the person making the charge(s) may appear before this review panel in defense of their positions.  Both individuals may select a reasonable number of persons to appear at the conference on their behalf.  The review panel will consider the facts presented and determine by majority vote of the panel whether termination is justified.
   4. If the vote of the review panel results in a tie, the case will be referred to a final hearing before the executive committee of the Board of Trustees.
   5. If the faculty member charged, or the president, does not accept the decision reached by the review panel, an appeal may be made for a final hearing before the executive committee of the Board of Trustees.  An appeal must be registered in writing with the president’s office within 15 days after the conference of the review panel.
   6. A final hearing by the Executive Committee must be convened within 45 days of receipt of a request for an appeal.
   7. The faculty member charged, the person making the charge, and the review panel may appear before the Executive Committee in defense of their positions.  All individuals may select a reasonable number of persons to appear at the hearing on their behalf.  The Executive Committee will consider the facts presented and determine by majority vote of the committee whether termination is justified.
   8. A majority vote by the full Executive Committee will be considered final, and the faculty member charged will be notified, in writing, of the decision.
   9. If the vote of the Executive Committee results in a tie, the president’s decision will be final, and the faculty member charged will be notified, in writing, of the decision.
   10. Minutes of all evidence and testimony presented in the conference shall be taken.  If the matter goes to the Executive Committee on appeal, all evidence and testimony shall be taken by a certified court reporter or recorder.
   11. Normal rules of court procedure will not be followed.
   12. The time limits within which the conference or hearing must be held may be extended, or the proceedings may be adjourned only for good cause.
   13. The faculty member charged may be suspended from duties with pay until a final decision is reached if the president deems such suspension to be in the best interests of the university.
   14. The salary of the faculty member dismissed shall continue until the end of the semester in which the notice of intention to terminate employment was given or for a maximum of three months from the date of notification of dismissal, whichever is shorter.  If the faculty member obtains other employment, the salary from Rochester University may be further reduced or discontinued to the extent of earnings from subsequent employment.