Page 39 - 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
34
When a Faculty Hearing Committee finds that a decision to terminate a Faculty member
has not been made in accordance with College policies as set forth in the Faculty
Handbook or not in compliance with the established processes and criteria, the President
shall reconsider the decision in consultation with the Provost. If the decision to terminate
is withdrawn the appeal process ends.
When a Faculty Hearing Committee finds that a decision to terminate a Faculty member
has not been made in accordance with College policies as set forth in the Faculty
Handbook or not in compliance with the established processes and criteria, and when,
upon reconsideration, the President in consultation with the Provost upholds the decision
to terminate an appointment, the President or Provost shall submit a written response to
the Faculty Hearing Committee. The President shall notify the Faculty member
concerned and the Faculty Hearing Committee of his or her decision in writing. If the
President decides to terminate the Faculty member, the President shall provide notice to
the Faculty member following established procedures outlined in III.B.8.c.i.-iii.
The decision of the President is final. The Faculty Hearing Committee shall report its
findings and the final outcome of the appeal process to the Faculty as a whole. The
Faculty Hearing Committee may withhold information at its discretion to 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