E. TERMINATION OF A FACULTY MEMBER’S EMPLOYMENT

The termination of a tenure or non-tenure faculty member’s employment at the university takes place at any of the following times:

1. When the faculty member enters full retirement.
2. When the faculty member’s resignation becomes effective.
3. When the faculty member’s transfer to another entity of denominational employment becomes effective.
4. When a contract for service expires without renewal.
5. When a faculty member is dismissed on the basis of his/her professional fitness before the end of the contracted period of time (dismissal).
6. When a faculty member’s service is terminated for reasons unrelated to the professional fitness of a faculty member before the end of the contracted period of time (separation)

In order to protect the integrity and continuity of the academic programs of the university, notice for the termination of a faculty member’s service for any of the reasons outlined in policy #2:170 above, should be negotiated in writing by both the faculty member and the institution at least three months prior to the effective date. (For exceptions see policies #2:135:1 and 2; #172:2; #2:172:3 below; and #2:180:9

Written notice from a faculty member with respect to a request for retirement, a resignation, or a transfer to another denominational entity should reach the dean of a given school with copies to the president and provost at least three months prior to the effective date. The appropriate time for such letters is April 1 of the last academic year in which a teacher intends to serve. Other dates may also be considered provided the three month lead-time concept is maintained. Where not enough lead-time is allowed, a teacher may be obligated to continue teaching until a mutually agreeable date can be negotiated.

Resignations are ordinarily effective at the end of spring semester, i.e. normally ten days after the last scheduled examination at the end of a term, plus vacation time due a faculty member.

Since the non-renewal of a faculty member’s contract amounts to the termination of that faculty member’s service, written notice of such non-renewal shall be given in adequate time (see policy #2:135:1 for details).

Notice of Termination of an Appointment Before the Due Date (Dismissal) 2:172:3

Andrews University may for adequate cause under certain circumstances, terminate a faculty member’s service before a given appointment expires. The university may also for adequate cause terminate the services of a faculty member who is on tenure (see policy #2:175 below for further details).

Terminating the services of a faculty member who is on tenure or a non-tenure faculty member before his/her appointment expires requires a specified procedure followed by a termination notice as described in policy #2:180. The termination notice under such circumstances should be made considerably prior to the effective date (for details see policy #2:180:9).

Adequate cause for the termination of a faculty member’s services (also referred to as dismissal or separation of a teacher) is related to:

1. The ability of institution to finance its operation (financial exigency),
2. The discontinuance of a program, or
3. The fitness of the faculty member in his/her professional capacity as teacher/researcher or librarian

If the termination of a faculty member’s contract before the date of expiration is for financial causes as listed in (1) or (2) above, it is referred to as a separation of a faculty member. Where the termination of a faculty member’s appointment before the due date is for cause related to fitness as listed in (3) above, it shall be referred to as a dismissal of a faculty member. Such termination follows the due process procedures outlined in policy #2:180:1-9 below. The various elements of adequate cause are further described in policies #2:175:1 through 3.

Adequate cause shall not include an attempt to restrain a faculty member from exercising his/her academic freedom. Termination of a faculty member for any cause shall be eligible for grievance procedures.

Where the separation of a person on tenure, or one without tenure before the end of a specified term, is based upon bona fide declared financial exigency or discontinuance of a program or department of instruction, regular termination procedures will not apply. A faculty member shall be able, to have the issues reviewed by the Grievance Committee of a given school, with ultimate decision made by the Board of Trustees on the recommendation of the president. In every case of financial exigency or discontinuance of a program or a department of instruction, the faculty member concerned will be notified as soon as possible, preferably not less than twelve (12) months’ notice, but never less than is outlined in policy #2:180:9. The provision of salary in lieu of notice as outlined in policy #2:180:9 shall also apply.

Before terminating an appointment because of the abandonment of a program or department of instruction, the university will make every effort to place affected faculty members in other suitable positions (see policy #2:161). If an appointment is terminated before the end of a period of appointment, because of financial exigency or because of the discontinuance of a program of instruction, the released faculty member’s place will not be filled by a replacement within a period of two years unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline.

Dismissal of a faculty member before the end of a specified term on grounds of fitness in his/her professional capacity can result from:

1. Gross and inexcusable incompetence was defined in a New York University Law Review study, 1979, (pp. 840-891) as a state of inability arising from a lack of talent, intelligence, training, motivation, or professionalism. Incompetence encompasses a teacher’s classroom demeanor, teaching methods, physical ability, and ability to maintain an environment conducive to learning.
2. Failure to meet established obligations including, but not limited to, frequent absences from class, faculty committees, faculty meetings, or other official appointments; deliberate non-compliance with institutional policy requirements; boycotting specific official university events; keeping inadequate office hours; frequent tardiness or failure in filing required reports, grades or other agreements; failure to advise students adequately (see also policy #2:148 regarding outside work.).
3. Moral turpitude such as academic dishonesty in teaching and research, plagiarism (see policy #2:187), vulgarity, harassment or sexual misconduct.
4. Inability to develop and maintain collegial relationships with co-workers and others.
5. Repudiation or defiance of the standards and teachings of the Seventh-day Adventist church as contained in the statement of fundamental Beliefs, or persistence in teaching or activities which by their opposition to those doctrines and standards threaten the viability of the university as an institution of the Seventh-day Adventist church. (See also Appendix 2-A and Appendix 2-B which specifically deal with theological and academic freedom concerns in Seventh-day Adventist institutions.)

Dismissal of a faculty member for reasons outlined here in policy #2:175:3 is implemented according to the due process procedures and conditions outlined in policy #2:180 below.

Dismissal of a faculty member with continuous or regular appointment (before the end of the specified appointment term) because the person is deemed unfit in a professional capacity (see policy #2:175:3 above) may take place only after the following steps have been followed. These procedures recognize faculty employment rights and at the same time faculty obligations within the academic community. As such, they are asked as a matter of course to participate in the dismissal processes outlined below.

When complaints about the professional suitability of a faculty member are received by his/her superiors, the president, the provost, or his/her designee may make an informal assessment that includes the appropriate parties and deans that seeks to resolve the problem. If the problem has been resolved, no further steps will be taken.

Should the assessment in Step 1 reveal that the problem is serious, unresolved and worthy of further attention, the provost shall, by mutual agreement with the relevant faculty member and administrators, either appoint an ad hoc Committee of Inquiry of three persons uninvolved in the case or shall proceed directly to Step 3. (See also policy #2:155:7). Two alternates selected as reserves shall only serve when regular members are unable to participate.

If an informal inquiry is chosen, this committee shall determine and confidentially report whether dismissal procedures should be undertaken. Should the president receive a report from the provost that dismissal should be considered, the next step (Step 3) would be taken. No further action is taken if the president agrees that the problem was resolved or can be resolved without dismissal considerations. The report of the Committee of Inquiry will be made to the president only.

The provost shall, at the request of the president formulate a statement of charges, using the findings of the Committee of Inquiry if available. This statement of charges will be given to the president for action after the department chair and dean of the relevant school have been informed of the action being anticipated.

Should the president decide to institute formal dismissal procedures against the faculty member, he/she shall in writing inform the faculty member of the intent for dismissal, along with the following information:

1. The specific charges against the faculty member;
2. The faculty member’s right to review his/her personnel file;
3. The right to an interview with the president before responding officially to the charges;
4. The right to appeal to the president in writing for a hearing by a Grievance Committee of peers. (The letter of appeal must reach the president within ten (10) working days from the receipt of the president’s letter.)
5. The procedural rights accorded him/her during a grievance process, if requested;
6. The obligation to submit to the president and the Grievance Committee a written response to the charges made. (The written response to the charges must reach the president and the Grievance Committee five (5) or more working days before the date scheduled for the first committee meeting.)

If no request for a hearing by the Grievance Committee is received from the faculty member, dismissal procedures will be implemented.

Upon receiving a request from the person charged, the president shall notify the dean of the relevant school of the need for the school’s Grievance Committee to hear the charges and evidence (see policy #2:160:3).

After notification, the Grievance Committee shall be granted twenty-five (25) working days (unless extended by mutual agreement by the accused and the president) within which to conduct a hearing of the grievance and render a written report to the president. The hearing shall not be open to the public and it shall consider only the specific charges leveled in writing against the faculty member.

Pending a final report by the Grievance Committee, the faculty member will be suspended, or assigned to other duties in lieu of suspension, only if immediate harm to him/herself or others is threatened by his/her continuance. Suspension can be instituted by the president without prior Board of Trustees’ approval. Any such suspension will be with pay.

Although circumstances may alter the procedures, generally the Grievance Committee will use the following procedures in the process of hearing a grievance:

1. Prior to the initial meeting of the Committee, the chair of the Grievance Committee will communicate with the parties in order to:
   1. simplify the issues
   2. effect stipulations of facts
   3. provide for the exchange of documentary or other information;
   4. achieve such other appropriate pre-hearing objectives as will make the hearing fair, effective and expeditious; and
   5. give notification of the date of the grievance hearing.
2. Service of notice of the grievance hearing will be made to the faculty member and the president at least ten (10) working days prior to the meeting.
3. During the grievance hearing, the faculty member in question may bring a colleague of his/her choice to serve as a non-speaking advisor and support. The president or his designee shall also be entitled to attend the hearing. Neither party shall be represented by legal counsel at the hearing. The chair of the committee shall set the order of argument and of presentation of evidence and may call an executive session at any time during the hearing for consultations among the members. An executive session shall mean that only the members of the Grievance Committee shall meet without the principals or witnesses present.
4. In consultation with the provost, the chair may arrange for a full stenographic or taped record of the hearing phase of the grievance procedure. Upon completion of the case, this record will be filed in the Office of the Provost.
5. The burden of proof that adequate cause exists rests with the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole. The faculty member will be afforded an opportunity to call necessary witnesses and submit documentary or other evidence. Typically, the faculty member will also have the right to question witnesses.
6. In hearings of charges of incompetence (see policy #2:175:3), the testimony shall include that of qualified faculty members of this or other institutions of higher education.
7. When the consideration of evidence has been completed the committee will enter an executive session to reach its conclusions. The findings of fact and the decision will be based solely on the record. The verdict should be reached and conveyed to the president and the faculty member within five (5) working days after the grievance hearing has been concluded.

If the grievance committee concludes that adequate cause for a dismissal has been established, but that a major academic penalty less than dismissal, such as suspension from service without pay for a period of time or a minor sanction such as a reprimand would be more appropriate, it will be so recommended by the grievance committee with supporting reasons.

If the president rejects the report, he/she will state the reasons for doing so in writing to the hearing committee and to the faculty member within five (5) working days and provide an opportunity for response before transmitting a recommendation to the Board of Trustees. The president’s final decision shall be made known prior to making a recommendation to the Board of Trustees.

Public statements and publicity about the case by either the faculty member or any university employee involved with the case will be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Trustees.

If dismissal is recommended by the president, the president will transmit to the Board of Trustees the written report of the Grievance committee and the complete record of the case. The Board of Trustees’ review will be based upon the written report and the complete record of the Grievance committee. The Board maintains the right to grant a hearing of an appeal by the aggrieved faculty member before making its final decision.

If the appointment is terminated, the faculty member will receive notice of termination and may receive separation salary. See policy #2:175:1.

On the termination of a faculty member for any reason, the faculty member concerned shall have an exit interview with the Director of Human Resources on the last day of his/her employment. At this interview the faculty member will:

1. Return his/her university identification card (ID), hospitalization insurance, PAC card or telephone credit card, classroom/office/building keys and copy of the Andrews University Working Policy.
2. Verify that any materials on loan from James White Library have been returned.
3. Record the reasons for terminating his/her employment at Andrews University and other matters of mutual interest.