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38

maintain confidentiality in personnel matters.

III.B.9. Declaration of Financial Exigency, Resulting Discontinuance of Programs and

Departments, Reductions in Force, and Resulting Terminations

Financial exigency is present when the financial position of the institution as a whole, as

demonstrated by competent evidence, is such that the financial resources of the institution are

insufficient to support existing programs. The President shall have the responsibility to keep the

Faculty fully informed regarding the financial condition of the College.

III.B.9.a. Role of Faculty in Declaration of Financial Exigency

If the Board of Trustees seriously considers declaring a state of financial exigency or the

President seriously considers recommending to the Board of Trustees that it declare a

state of financial exigency, the Faculty Advisory Committee must be notified promptly.

Upon notification, a Faculty Review Committee shall be constituted under section

III.B.8.a. The Faculty Review Committee shall represent the Faculty in determining if, in

fact, a

bona fide

financial shortfall or other emergency requiring a reduction in

institutional costs exists that warrants a declaration of financial exigency. While the

Board of Trustees has the ultimate authority to declare that the College is in a state of

financial exigency, it shall not make such a declaration until the duly authorized Faculty

Review Committee shall have had a reasonable opportunity to review the financial

condition of the College and submit a recommendation. The President and/or Provost

shall provide to the Faculty Review Committee full particulars of the financial condition

of the College and, if appropriate, preliminary recommendations on how the financial

shortfall or other emergency can be alleviated with or without the declaration of financial

exigency. The Faculty Review Committee shall have access to all relevant financial data.

The Faculty Review Committee shall make its recommendation to the President and

Board of Trustees for or against the declaration of financial exigency within fourteen

days of receiving the information it requested. The Faculty Review Committee may

submit its own recommendations on how the financial shortfall or other financial

emergency requiring a reduction in institutional costs can be alleviated or it may endorse

those proposed by the President, the Provost, and/or the Board of Trustees. The process

of making a recommendation by the President to the Board of Trustees for or against a

declaration of financial exigency as well as the Board of Trustees’ final decision on

declaring exigency must include consultation with the Faculty Review Committee. If the

President decides to recommend to the Board of Trustees the declaration of a state of

financial exigency, the Faculty Review Committee shall be immediately notified. If the

Faculty Review Committee’s recommendation concerning the declaration of financial

exigency differs from that of the President, both recommendations shall be submitted to

the Board of Trustees. The Faculty Review Committee shall keep the Faculty informed

either through normal committee processes and reports at regularly scheduled faculty

meetings or such other means as the Committee deems appropriate.