Common use of FACULTY UNIT MEMBER REDUCTION PROCEDURES Clause in Contracts

FACULTY UNIT MEMBER REDUCTION PROCEDURES. 1. The following guidelines will be used in sequence in the identification of faculty unit members, within a designated organizational area (grouping of faculty unit members by department, discipline, or program), to be terminated subject to the need to retain personnel with special skills essential to maintain the integrity and quality of a program. Where the reduction plan is expressed in terms of a program(s), a reasonable effort will be made to group more than one program within a department, such that the programs selected for grouping are those in which faculty unit members exist who are comparably qualified for the programs to be retained. a. Whenever possible, faculty unit member reduction will be accomplished through attrition. b. Provided that they are willing to return to full-time appointments for each of the years remaining under their phased retirement contracts, faculty unit members in the first four years of a phased retirement plan will have retention priority over faculty unit members serving under terms contracts or in the fifth year of a phased retirement plan. c. Faculty unit members serving under tenure track appointments will have retention priority over faculty unit members serving under term contracts or participating in phased retirement plans. d. Faculty unit members serving under full-time tenure appointments will have retention priority over faculty unit members serving under tenure track and term contracts, and faculty unit members serving under part-time tenure appointments will have retention priority over faculty unit members serving part-time under tenure track and term contracts. The retention priorities outlined stated in subparagraphs (b), (c) and (d) apply only to persons who have met expectations on their annual performance reviews in each of the three most recent years, if available. 2. Among faculty unit members having equal retention priority under section 1, the faculty unit member with highest rank will have higher retention priority over junior colleagues, and, within ranks, the faculty unit member with greatest seniority will have highest retention priority. In the event that individuals have equal retention priority, after rank and seniority have been considered, persons with higher performance ratings for the most recent three years will be accorded higher retention priority. Seniority will be based upon faculty unit member's total years of full-time equivalent employment within the system exclusive of periods of unpaid leave, provided that faculty unit members with a break in service of more than four (4) years will not be given credit for service prior to such break. 3. The preceding provisions of this article notwithstanding, a faculty unit member who is under a constructive plan with significant deficiencies remaining uncorrected after a reasonable time for such correction, may be terminated prior to any other faculty unit member. A constructive plan will not be used to frustrate the intent of this article. 4. If a tenured faculty unit member is terminated under this article, the position may not be filled for a period of three (3) years, unless the terminated faculty unit member has been offered reappointment and refused the offer. The terminated faculty unit member has twenty (20) working days from the receipt of an offer of reappointment to accept the position. 5. During four (4) calendar years following the last day of the spring semester of the year in which a reduction in force took place, faculty unit members will be recalled to their institution in order of greatest retention priority as specified in Article 16.2, provided the faculty unit member is qualified to perform the duties of the vacant position. Outside applicants will not be employed unless the position has been offered to and rejected by all faculty unit members subject to recall who fulfill all qualifications specified for the vacancy and assert an interest in it. The institution will have the obligation to attempt to contact former faculty unit members who enjoy rights under this provision. As to persons who had been displaced by a reduction in force during or prior to the end of the 1990-91 academic year, the four year period will be deemed to commence July 1, 1991. The administration of each institution will notify such former faculty unit members whose addresses are known to it of these changes in their recall rights. 6. The fringe benefits of faculty unit members who return to employment under item 4 or 5 above will, to the extent provided by law, be as they were at the time their previous employment terminated, provided the benefits still exist and they are eligible for them in the new position. 7. Every reasonable effort will be made to relocate a terminated faculty unit member in another academic position within the regental system that is vacant and to be filled, provided the faculty unit member fulfills all qualifications specified for the vacant position. Priority consideration for relocation will be given to those faculty unit members nearing retirement age. If relocation is accomplished the salary and other considerations of employment will be as stated for that position. 8. Every reasonable effort will be made to allow an affected unit member to complete the current appointment. 9. To the extent that the same or comparable positions are available, the accrued rights of faculty unit members will be maintained in those cases involving involuntary transfers of faculty unit members that have resulted from geographical relocation of programs. The Board will provide moving expenses in the case of such transfers as provided by state rules and regulations.

FACULTY UNIT MEMBER REDUCTION PROCEDURES. 1. The following guidelines will be used in sequence in the identification of faculty unit members, within a designated organizational area (grouping of faculty unit members by department, discipline, or program), to be terminated subject to the need to retain personnel with special skills essential to maintain the integrity and quality of a program. Where the reduction plan is expressed in terms of a program(s), a reasonable effort will be made to group more than one program within a department, such that the programs selected for grouping are those in which faculty unit members exist who are comparably qualified for the programs to be retained. The retention priorities outlined in this section will govern to the extent that faculty unit members will only be entitled to preference when their performance equals or exceeds that of persons in lower retention categories as documented on the annual performance reviews for the three most recent years, if available, and taking into account differences in performance expectations among ranks. a. Whenever possible, faculty unit member reduction will be accomplished through attrition. b. Provided that they are willing to return to full-time appointments for each of the years remaining under their phased retirement contracts, faculty unit members in the first four years of a phased retirement plan will have retention priority over faculty unit members serving under terms contracts or in the fifth year of a phased retirement plan. c. Faculty unit members serving under tenure track appointments will have retention priority over faculty unit members serving under term contracts or participating in phased retirement plans. d. Faculty unit members serving under full-time tenure appointments will have retention priority over faculty unit members serving under tenure track and term contracts, and faculty unit members serving under part-time tenure appointments will have retention priority over faculty unit members serving part-time under tenure track and term contracts. The retention priorities outlined stated in subparagraphs (b), (c) and (d) apply only to persons who have met expectations on their annual performance reviews in each of the three most recent years, if available. 2. Among faculty unit members having equal retention priority under section 1, the faculty unit member with highest rank will have higher retention priority over junior colleagues, and, within ranks, the faculty unit member with greatest seniority will have highest retention priority. In the event that individuals have equal retention priority, after rank and seniority have been considered, persons with higher priority over colleagues whose performance ratings for the most recent three years will be accorded higher retention priorityare lower. Seniority will be based upon faculty unit member's total years of full-time equivalent employment within the system exclusive of periods of unpaid leave, provided that faculty unit members with a break in service of more than four (4) years will not be given credit for service prior to such break. 3. The preceding provisions of this article notwithstanding, a faculty unit member who is under a constructive plan with significant deficiencies remaining uncorrected after a reasonable time for such correction, may be terminated prior to any other faculty unit member. A constructive plan will not be used to frustrate the intent of this article. 4. If a tenured faculty unit member is terminated under this article, the position may not be filled for a period of three two (32) years, unless the terminated faculty unit member has been offered reappointment and refused the offer. The terminated faculty unit member has twenty (20) working days from the receipt of an offer of reappointment to accept the position. 5. During four (4) calendar years following the last day of the spring semester of the year in which a reduction in force took place, faculty unit members will be recalled to their institution in order of greatest retention priority as specified in Article 16.2, provided the faculty unit member is qualified to perform the duties of the vacant position. Outside applicants will not be employed unless the position has been offered to and rejected by all faculty unit members subject to recall who fulfill all qualifications specified for the vacancy and assert an interest in it. The institution will have the obligation to attempt to contact former faculty unit members who enjoy rights under this provision. As to persons who had been displaced by a reduction in force during or prior to the end of the 1990-91 academic year, the four year period will be deemed to commence July 1, 1991. The administration of each institution will notify such former faculty unit members whose addresses are known to it of these changes in their recall rights. 6. The fringe benefits of faculty unit members who return to employment under item 4 or 5 above will, to the extent provided by law, be as they were at the time their previous employment terminated, provided the benefits still exist and they are eligible for them in the new position. 7. Every reasonable effort will be made to relocate a terminated faculty unit member in another academic position within the regental system that is vacant and to be filled, provided the faculty unit member fulfills all qualifications specified for the vacant position. Priority consideration for relocation will be given to those faculty unit members nearing retirement age. If relocation is accomplished the salary and other considerations of employment will be as stated for that position. 8. Every reasonable effort will be made to allow an affected unit member to complete the current appointment. 9. To the extent that the same or comparable positions are available, the accrued rights of faculty unit members will be maintained in those cases involving involuntary transfers of faculty unit members that have resulted from geographical relocation of programs. The Board will provide moving expenses in the case of such transfers as provided by state rules and regulations.

FACULTY UNIT MEMBER REDUCTION PROCEDURES. ‌ 1. The following guidelines will be used in sequence in the identification of faculty unit members, within a designated organizational area (grouping of faculty unit members by department, discipline, or program), to be terminated subject to the need to retain personnel with special skills essential to maintain the integrity and quality of a program. Where the reduction plan is expressed in terms of a program(s), a reasonable effort will be made to group more than one (1) program within a department, such that the programs selected for grouping are those in which faculty unit members exist who are comparably qualified for the programs to be retainedberetained. a. Whenever possible, faculty unit member reduction will be accomplished through attrition. b. Provided that they are willing to return to full-time appointments for each of the years remaining under their phased retirement contracts, faculty unit members in the first four (4) years of a phased retirement plan will have retention priority over faculty unit members serving under terms contracts or in the fifth (5th) year of a phased retirement plan. c. Faculty unit members serving under tenure track appointments will have retention priority over faculty unit members serving under term contracts or participating in phased retirement plans. d. Faculty unit members serving under full-time tenure appointments will have retention priority over faculty unit members serving under tenure track and term contracts, and faculty unit members serving under part-time tenure appointments will have retention priority over faculty unit members serving part-time under tenure track and term contracts. The retention priorities outlined stated in subparagraphs (b), (c) and (d) apply only to persons who have met expectations on their annual performance reviews in each of the three (3) most recent years, if available. 2. Among faculty unit members having equal retention priority under section 1, the faculty unit member with highest rank will have higher retention priority over junior colleagues, and, within ranks, the faculty unit member with greatest seniority will have highest retention priority. In the event that individuals have equal retention priority, after rank and seniority have been considered, persons with higher performance ratings for the most recent three (3) years will be accorded higher retention priority. Seniority will be based upon faculty unit member's total years of full-time equivalent employment within the system exclusive of periods of unpaid leave, provided that faculty unit members with a break in service of more than four (4) years will not be given credit for service prior to such break. 3. The preceding provisions of this article notwithstanding, a faculty unit member who is under a constructive plan with significant deficiencies remaining uncorrected after a reasonable time for such correction, may be terminated prior to any other faculty unit member. A constructive plan will not be used to frustrate the intent of this article. 4. If a tenured faculty unit member is terminated under this article, the position may not be filled for a period of three (3) years, unless the terminated faculty unit member has been offered reappointment and refused the offer. The terminated faculty unit member has twenty (20) working days from the receipt of an offer of reappointment to accept the position. 5. During four (4) calendar years following the last day of the spring semester of the year in which a reduction in force took place, faculty unit members will be recalled to their institution in order of greatest retention priority as specified in Article 16.2, provided the faculty unit member is qualified to perform the duties of the vacant position. Outside applicants will not be employed unless the position has been offered to and rejected by all faculty unit members subject to recall who fulfill all qualifications specified for the vacancy and assert an interest in it. The institution will have the obligation to attempt to contact former faculty unit members who enjoy rights under this provision. As to persons who had been displaced by a reduction in force during or prior to the end of the 1990-91 academic year, the four year period will be deemed to commence July 1, 1991. The administration of each institution will notify such former faculty unit members whose addresses are known to it of these changes in their recall rights. 6. The fringe benefits of faculty unit members who return to employment under item 4 or 5 above will, to the extent provided by law, be as they were at the time their previous employment terminated, provided the benefits still exist and they are eligible for them in the new position. 7. Every reasonable effort will be made to relocate a terminated faculty unit member in another academic position within the regental system that is vacant and to be filled, provided the faculty unit member fulfills all qualifications specified for the vacant position. Priority consideration for relocation will be given to those faculty unit members nearing retirement age. If relocation is accomplished the salary and other considerations of employment will be as stated for that position. 8. Every reasonable effort will be made to allow an affected unit member to complete the current appointment. 9. To the extent that the same or comparable positions are available, the accrued rights of faculty unit members will be maintained in those cases involving involuntary transfers of faculty unit members that have resulted from geographical relocation of programs. The Board will provide moving expenses in the case of such transfers as provided by state rules and regulations.twenty