2.8 Separation from the College

Download as PDF

Resignation

Faculty members teaching under contract have a duty to provide reasonable notice to the College before resigning their positions. Resignations taking effect immediately before the start of a semester or in the middle of a semester do substantial damage to the institution, and, at the discretion of the appropriate Area Coordinators, the Academic Dean/Dean of the Faculty or the President, resignations may not be accepted at such times. The appropriate time to tender a resignation is at the end of the academic year and no later than one month after a signed contract is returned for the year.

Retirement

Faculty members planning full retirement at any age should notify the Academic Dean/Dean of the Faculty as far in advance of the event as possible. Those desiring a phased retirement must submit a proposal to the Academic Dean/Dean of the Faculty for his/her and the President's consideration. The College, however, is not obligated to accept the proposal. For further information about retirement benefits and options, please consult the Human Resources Office.  

Non-Renewal of Non-Tenured Full-Time Faculty Guidelines

Notification of non-renewal of full-time faculty with probationary (i.e., tenure track) and term contract appointments must comply with the following guidelines:

  1. Non-tenured faculty contracts for full-time faculty may be written either as term contracts or as probationary contracts (see Section 2.2). Non-tenured faculty members in their first year of service must receive notice of non-renewal at least three months prior to the termination date.
  2. In the second year of service, non-tenured faculty members must receive notice of non-renewal at least six months prior to the termination date.
  3. After the second year of service, non-tenured faculty members must receive notice of non-renewal at least one year prior to the termination date.
    1. Reasons for Non-Renewal
      1. Non-tenured faculty may be subject to non-renewal according to Sections 2.8.4 and 2.8.5, which outlines reasons for termination and dismissal of tenured faculty.
      2. In addition, non-tenured faculty members may be subject to non- renewal for the following reasons:
        • Following consultation with the Area Coordinator and the Tenure, Promotion and Review Committee, the Academic Dean/Dean of the Faculty and/or Vice President for External Programs, as appropriate, determine(s) that the faculty member is not able to meet the criteria for tenure (see Section 2.7.1(2)) in the case of probationary contracts or faculty effectiveness (see Sections 2.5.1 and 2.5.2) in the case of term contracts.
        • A non-tenured faculty member has displayed conduct seriously harmful to the best interests of the College, as determined by a consensus of both the Tenure, Promotion and Review Committee and the Academic Dean/Dean of the Faculty.
        • There has been program redirection, reductions in student demand and/or changes in program course loads.
          The Academic Dean/Dean of the Faculty and/or Vice President for External Programs, as appropriate, will provide reasons for non-renewal in writing to the faculty member if requested.
    2. Appellate Rights
      A non-tenured faculty member who receives notice of non-renewal may request in writing that the Academic Dean/Dean of the Faculty and/or the Vice President for External Programs, as appropriate, provide(s) a written statement of the reasons for this decision. S/he shall request this statement within 14 days of receiving notice of non-renewal.  The Academic Dean/Dean of the Faculty and/or Vice President for External Programs, as appropriate, shall respond with a written list of reasons within 14 days of the receipt of such a request.
      Within 14 calendar days of receiving a written list of reasons for non- renewal, a non-tenured faculty member may appeal decision, following the grievance procedures outlines in Section 2.17. The appeal must be set forth in a clear and concise statement based on one or more of the following grounds:
      • the substance of the decision itself does not conform to the policies set forth in this handbook
      • the decision was made based on incomplete or inadequate information
      • the decision was clearly erroneous
      • the decision reflects discrimination on a prohibited ground as set forth in Section 2.3.1
      • the decision represents a denial of free academic inquiry and/or expression

        The burden of proof shall be on the non-tenured faculty member throughout the grievance and appellate process.

Non-Reappointment of Tenured Faculty

Financial Exigency

The Board of Trustees of Wilmington College reserves the right to curtail programs, terminate, or reallocate non-tenured or tenured faculty in the event of institutional financial exigency. Financial exigency is defined as an imminent and severe deficit that promises to persist into the foreseeable future and that threatens the survival of the College. A bona fide explanation of the financial exigency must be made to the faculty.

The following are general principles applicable in cases of termination because of financial exigency.

Tenured and probationary faculty terminated by reason of financial exigency shall receive notice of the College's intentions as soon as possible after the decision has been made, but they shall not be entitled to notice in advance of the deadlines established in Section 2.8.3. In circumstances where notice is provided after the deadlines, the faculty member will receive instead financial compensation proportionate to the lateness of the notice in the form of one month's salary for every month past the appropriate notification date. Fractional time periods are calculated on a per diem basis.

If an appointment is terminated as a result of financial exigency, the released faculty member shall have right of first refusal with respect to any faculty position offered by the College for which s/he is reasonably qualified for a period of two years following his/her termination.

The service of tenured faculty members should not be terminated in favor of retaining someone without tenure who may at the moment seem to be more valuable.

On rare occasions, however, student and curricular needs may justify a decision to terminate a tenured faculty member and retain a non-tenured faculty member. Tenured faculty members will be given reasonable opportunities to readapt within an Academic Area or elsewhere, but only to the extent that it is in the best interest of the College to do so.

Discontinuance of Academic Programs Not Mandated by Financial Exigency

Termination of an appointment with continuous tenure, a multi-year contract, or of a probationary or special appointment before the end of the specified semester may occur as a result of a bona fide formal discontinuance of any academic program at Wilmington College. Program discontinuance refers to an elimination of an academic program of the College. 

The decision to discontinue a program of instruction shall be based upon educational considerations. Such considerations do not include cyclical or temporary variations in enrollment. Instead, they reflect a long-range judgment that the educational mission of the institution as a whole will be enhanced by the discontinuance.

Before the administration issues notice to a faculty member of its intention to terminate a tenured or other appointment because of formal discontinuance, the College will make every reasonable effort to place all faculty members in the affected program of instruction in another suitable position within Wilmington College. If placement in another position would be facilitated by a reasonable period of training, financial and/or other support for such training will be proffered. If no position is available within Wilmington College, with or without retraining, the faculty member's appointment then may be terminated, but only with provision for severance pay equitably adjusted to the faculty member's length of past and potential service. In the event of dismissal, the faculty member shall receive the right of first refusal for any faculty position for which s/he is reasonably qualified that may become available at any branch of Wilmington College for a period of two years from the date of his/her release from the College.

Faculty members may appeal a proposed relocation or termination resulting from a discontinuance decision, by following the grievance procedures set forth in Handbook. The burden of proof shall be on the faculty member to demonstrate by a preponderance of the evidence that the administration's judgment is wholly unreasonable.  

Dismissal for Cause

  • 2.8.5.1 Tenured and non-tenured faculty may be dismissed for any of the following reasons:
    • 2.8.5.1.1 conviction of an act involving moral turpitude that is punishable as a felony in the State of Ohio
    • 2.8.5.1.2 exploitation of the faculty-student relationship whether the act is a violation of the College Sexual Harassment policy
    • 2.8.5.1.3 material failure to perform assigned academic duties
    • 2.8.5.1.4 incompetence in the performance of academic duties
  • 2.8.5.2 Procedure for Dismissal of Tenured Faculty
    • 2.8.5.2.1 If the Academic Dean/Dean of Faculty concludes that it is in the best interest of the College to proceed with the dismissal, s/he shall inform the Tenure, Promotion and Review Committee.
    • 2.8.5.2.2 Adequate cause for a dismissal will be related, directly and substantially, to the fitness of faculty members in their professional capacities as teachers or researchers. Dismissal will not be used to restrain faculty members in their exercise of academic freedom or other rights as American citizens.
    • 2.8.5.2.3 A dismissal will be preceded by a statement of reasons, and the individual concerned will have the right to be heard by the Tenure, Promotion and Review Committee following the procedures outlined below. Members will ordinarily remove themselves should there be a disqualifying bias or interest, but final determination of recusal will fall to the Tenure, Promotion and Review Committee.
      • 2.8.5.2.3.1 Pending a final decision by the Tenure, Promotion and Review Committee, the faculty member will be suspended, or assigned to other duties in lieu of suspension, only if immediate harm to the faculty member or others is threatened by continuance. Before suspending a faculty member, the administration will consult the Tenure, Promotion and Review Committee concerning the proprietary, length, and other conditions of the suspension. Salary will continue during the period of suspension.
      • 2.8.5.2.3.2 With the consent of the parties concerned, the Tenure, Promotion and Review Committee may hold joint pre-hearing meetings with the parties in order to
        • 2.8.5.2.3.2.1 simplify the issues
        • 2.8.5.2.3.2.2 effect stipulations of facts
        • 2.8.5.2.3.2.3 provide for the exchange of documentary or other information, and
        • 2.8.5.2.3.2.4 achieve such other appropriate pre-hearing objectives as will make the hearing fair, effective, and expeditious.
  • 2.8.5.2.3.3 Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing but denies the charges or asserts that the charges do not support a finding of adequate cause, the hearing tribunal will evaluate all available evidence and rest its recommendation upon the evidence in the record.
  • 2.8.5.2.3.4 The Tenure, Promotion and Review Committee, in consultation with the President and the faculty member, will exercise its judgment as to whether the hearing should be public or private. Normally, such hearings will be conducted in private.
  • 2.8.5.2.3.5 During the proceedings the faculty member will be permitted to have a support person and counsel of the faculty member’s choice. However, neither the support person nor counsel may participate in the proceedings.
  • 2.8.5.2.3.6 At the request of either party or Tenure, Promotion and Review Committee, a representative of a responsible educational association will be permitted to attend the proceedings as an observer.
  • 2.8.5.2.3.7 The hearing or hearings will be tape recorded and copies will be made available to the parties without cost at their request.
  • 2.8.5.2.3.8 The burden of proof that adequate cause exists rests with the institution and will be satisfied only by clear and convincing evidence in the record considered as a whole.
  • 2.8.5.2.3.9 The Tenure, Promotion and Review Committee will grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
  • 2.8.5.2.3.10 The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration will cooperate with the Tenure, Promotion and Review Committee in securing witnesses and making available documentary and other evidence.
  • 2.8.5.2.3.11 The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witnesses cannot or will not appear, but the committee determines that the interests of justice require admission of their statements, the Tenure, Promotion and Review Committee will identify the witnesses and, if possible, provide for interrogatories.
  • 2.8.5.2.3.12 In the hearing of charges of incompetence, the testimony may include that of qualified faculty members from this or other institutions of higher education.
  • 2.8.5.2.3.13 The Tenure, Promotion and Review Committee will not be bound by strict rules of legal evidence and may admit any evidence that is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available.
  • 2.8.5.2.3.14 The findings of fact and the decision will be based solely on the hearing record.
  • 2.8.5.2.3.15 Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers will be avoided so far as possible until the proceedings have been completed. The President and the faculty member will be notified of the decision in writing and will be given a copy of the record of the hearing.
  • 2.8.5.2.3.16 When the Tenure, Promotion and Review Committee concludes that the evidence in the record either does or does not provide adequate cause for dismissal, it will so report to the President. If the Tenure, Promotion and Review Committee concludes that an academic penalty less than dismissal would be more appropriate, it will so recommend, with supporting reasons. If the President rejects the recommendation of the Tenure, Promotion and Review Committee, the President will state the reasons for doing so, in writing, to the Tenure, Promotion and Review Committee and to the faculty member, and provide an opportunity for response. Either party may refer the decision of the Tenure, Promotion and Review Committee to the Faculty Conveners, who shall review the matter and meet with the parties to try to effect reconciliation. In the event this is not possible, the Faculty Conveners will convey their recommendations to the President, who shall make the final decision.
  • 2.8.5.2.3.17 In the event of an unfavorable decision by the President, the faculty member has the right of appeal to the Grievance Committee for any of the reasons described in Section 2.17 and subject to the process delineated therein.

Progressive Discipline Policy

Whenever any person files a written allegation that a faculty member has behaved in an inappropriate or incompetent manner, the complaint initially goes to the Area Coordinator. In the event the complaint is against an Area Coordinator the initial complaint goes to the person’s immediate supervisor. S/he will consult with the faculty member as soon as possible (normally within two business days or, in instances where the faculty member is not available on campus every day, within two class meeting periods). The purpose of this meeting is to inform the faculty member of the situation and informally attempt to resolve it. Following this meeting, the Area Coordinator may discuss this issue, as appropriate, with any other administrator, faculty member, or student whose input may be helpful for full resolution. A written record of the resolution of the matter shall be kept and circulated to all parties involved.

Faculty members are subject to progressive disciplinary measures by the Academic Dean/Dean of the Faculty commensurate with the severity of the circumstances, who may consult with the appropriate Area Coordinator. Progressive discipline means a response to inappropriate or incompetent behavior that provides fair notice of the error and a reasonable opportunity to remedy it. Initial disciplinary efforts normally take the form of a spoken and/or written reprimand. Once bona fide efforts to resolve the problem have been taken, if the problem persists, the Academic Dean/Dean of the Faculty may request that the Tenure, Promotion and Review Committee initiate measures to help the faculty member, which may include but are not limited to, a written warning or other remedial measures. Upon the third infraction, a written warning is sent to the employee and a copy is placed in the employee’s official files. If the Academic Dean/Dean of Faculty believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave to justify imposition of a severe sanction, such as suspension from service for a stated period, the administration may institute a proceeding to impose such a severe sanction; the procedures outlined in 2.8.5(2) will govern such a proceeding.