Page 32 - BSC Faculty Handbook

Faculty Endorsed 5/12/03, Board Approved 5/15/03
Faculty Amended/Endorsed 9/20/04, Board Amended/Approved 10/7/04
Faculty Amended/Endorsed 10/17/05, Board Amended/Approved 10/21/05
Faculty Amended/Endorsed 8/24/07, Academic Affairs Committee Amended/Approved 4/10/07
Faculty Amended/Endorsed 5/6/08, Board Amended/Approved 5/9/08
Faculty Amended/Endorsed 4/14/09, 5/5/09; Board Approved 5/8/09
Faculty Amended/Endorsed 12/7/2011; Board Approved 1/27/12
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terminates the employment of a Faculty member due to discontinuance or reduction of a program or
Department or due to financial exigency, the College shall so state in written form. Termination
procedures shall not be used to restrain Faculty members in their exercise of academic freedom.
For purposes of this statement, "termination" refers to action taken by the College (a) to
terminate the employment of a Faculty member with tenure, or (b) to terminate the employment
of a tenure-track Faculty member before the end of the year of an annual appointment, or (c) to
terminate the employment of a Faculty member who has a full-time term appointment before the
end of the term provided in the full-time term contract. Any member of the Faculty may be
dismissed at any time for adequate cause. Termination for cause is usually prompt or immediate
because there is just cause. This is different from and does not apply to a decision not to renew
the annual appointment of a probationary non-tenured Faculty member. Termination for cause is
also different from the College’s decision not to enter another full-time term contract with a
Faculty member whose contract has expired or will expire.
Adequate cause (also referred to as “just cause” or “cause”) for termination is related to the
fitness, performance, or conduct of the Faculty member in terms of professional responsibilities.
Adequate cause for termination includes seriously inadequate performance, discrimination
against or sexual harassment of College employees or students, and other just reasons. The
following list contains additional examples of cause for termination. These examples are not
intended to exclude other causes relating to performance of professional responsibilities:
1.
Serious or repeated failure to perform professional responsibilities.
2.
Serious or repeated ineffectiveness in the performance of professional responsibilities.
3.
Incompetence in teaching, advising, or other professional responsibilities.
4.
Conviction for the commission of a felony.
5.
Conduct which interferes with the performance of professional responsibilities, or which
involves moral turpitude.
When the College decides it has cause to terminate the employment of a tenured Faculty member
for cause, the College has the discretion whether to make the termination effective immediately
or at the end of a term or school year. When the College decides it has cause to terminate the
employment of any Faculty member, the College has the discretion to review the matter with the
Faculty member to discuss the option of a voluntary resignation. If the option of a voluntary
resignation is not accepted, the following procedures will still apply.
III.B.7. Procedure For Termination For Cause
III.B.7.a. Initiation
The “termination for cause” process may be initiated by
the Department or the Provost.
When the initial recommendation for consideration of termination for cause occurs at the
Department level, the Department Chair makes a recommendation, with supporting
reasons and evidence, to the Provost. The Provost may initiate the proceedings based on
the Provost's own reasons and evidence. However the College’s consideration of