Page 38 - 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
33
iii. Compensation after Termination Due to Discontinuance of a Department or
Program
The College shall provide appropriate compensation by honoring the time remaining on
current contracts in accordance with the deadlines for notification of termination
described above in III.B.8.c.i. If the terminated Faculty member receives a final one-year
contract, compensation must be no less than that of the previous contract or not reduced
beyond the average rate of reduction experienced by all members of the Faculty.
iv. Appeal of Reassignment or Termination
A Faculty member, having received formal notice of a decision to terminate an
appointment or of reassignment due to discontinuance of a program, may appeal. The
appeal must be based on procedural grounds. Written notice of appeal must be filed with
the Office of the Provost no later than fifteen days from the receipt of notice of
reassignment or termination. Within five days of receiving notice of the appeal the
Provost shall notify the Faculty Review Committee. The Faculty Review Committee shall
ask the members of the elected committees not serving on the Faculty Review Committee
to provide, within five days, a panel of five tenured members of the Faculty who are able
to serve on a Faculty Hearing Committee. Members of the Faculty Review Committee
and Faculty members from the discontinued department or program are not eligible to
serve on the Faculty Hearing Committee. The Faculty Hearing Committee shall be
considered as constituted when the Faculty Hearing Committee gives written notice to the
Provost and the Faculty member making the appeal. The Faculty Hearing Committee
shall choose from among its members a chairperson who shall preside over the following
procedure.
The Faculty Hearing Committee shall consider the appeal expeditiously and conduct a
hearing within thirty days of notice of its constitution, giving both the Faculty member
and the Provost or the Provost’s designated representative a full opportunity to present
their respective cases, including material evidence. The proceedings of the hearing shall
be recorded, but those of the Committee’s deliberations shall not. The Faculty Hearing
Committee is charged to determine if the decision to discontinue the affected department
or program and the subsequent decision to terminate or reassign an affected Faculty
member has been made in accordance with College policies as set forth in the Faculty
Handbook and/or in compliance with the established processes. The Faculty Hearing
Committee shall submit its findings in a report to the President, Provost, Faculty Review
Committee and the appellant Faculty member within seven days of the hearing. Within
seven days of receiving the report of the Faculty Hearing Committee, the President shall
render a decision in consultation with the Provost and shall communicate to the Faculty
Hearing Committee, the Faculty Review Committee, and the affected Faculty member a
response to the findings in the report and the President’s decision regarding the affected
Faculty member.
v. Final Decision Regarding Termination or Reassignment
When a Faculty Hearing Committee finds that a decision to terminate a Faculty member
has been made in accordance with College policies as set forth in the Faculty Handbook
and in compliance with the established processes and criteria, the Faculty member subject
to termination has no further administrative recourse.