Common use of FINANCIAL EXIGENCY AND ACADEMIC REORGANIZATION Clause in Contracts

FINANCIAL EXIGENCY AND ACADEMIC REORGANIZATION. 16.1 Should the President reasonably anticipate the existence of an imminent financial crisis (exigency) of such severity that it threatens the survival of the University as a whole and cannot be alleviated without terminating the appointments of faculty members, or determine that financial justification exists for the discontinuance of the College of Law necessitating the termination of regularly appointed faculty members, all data and information upon which this decision is based, including the anticipated savings, shall be provided to the AAUP-LS. The Administration shall also provide any relevant additional information in its possession which the AAUP-LS may request within ten calendar days following the receipt of the initial information and data from the Administration. 16.2 In the case of financial exigency, within ten (10) days of receipt of the information under Article 16.1 above, a Financial Exigency Committee shall be jointly appointed by the Administration and the AAUP-LS, with each party having three appointments. The Financial Exigency Committee shall make advisory recommendations to the President on ways to alleviate the financial crisis, including the following considerations: A. Alternatives which would result in minimum deterioration of existing academic programs and which would not sacrifice the University's long-term fiscal health in order to solve a short-term financial problem; B. Means of initiating mechanisms for generating additional income; and C. Cost-cutting methods. In making its recommendations, the Financial Exigency Committee shall give consideration to long-term enrollment projections, the role of the programs in fulfilling the mission of the University as a whole and the continued accreditation of academic units, the effect on joint programs with other institutions and the impact on the students registered in the programs. Should retrenchment in academic programs be deemed necessary, due consideration should be given to providing for students enrolled in those programs the ability to complete their requirements. 16.3 The Financial Exigency Committee shall have a period of sixty (60) days from its inception to submit its advisory recommendations to the President. As soon thereafter as practicable, but not later than sixty (60) calendar days, the President shall submit recommendations to the Board of Trustees. 16.4 The President's recommendations to the Board of Trustees shall include a full inventory of the recommendations of the Financial Exigency Committee. Reasons for the President's recommendations and the Board's decisions shall be stated in writing, and accompanied by full disclosure of financial and other related information. 16.5 Normal attrition is the preferred approach to alleviating financial exigency. Nevertheless, if it becomes necessary to terminate the appointments of regular faculty members the following steps shall be taken in the order specified, provided academic obligations can be fulfilled: A. Any category of faculty other than full-time shall be released first. B. Non-tenured members shall be laid off in reverse order of seniority before tenured members. C. Full-time tenured members with the least amount of full-time continuous service at the University shall be laid off in advance of those with more full-time continuous University service. D. Where the length of full-time University service is equal, academic rank shall be taken into account, with the person with lower rank preceding a person with higher rank in the order of layoff. E. Any tenured member scheduled for layoff who is qualified or can be retrained by the University consistent with the academic obligations and fiscal constraints of the University to teach in a different program, department or college can replace an untenured faculty member in said program, department or college. 16.6 In the case of the discontinuance of the College of Law, within ten (10) days of receipt of the information under Article 16.1 above, an Academic Reorganization Committee shall be jointly appointed by the Administration and the AAUP-LS, with each party having three (3) appointments. The Academic Reorganization Committee shall make advisory recommendations to the President within sixty (60) days of its inception regarding the discontinuance of the College of Law. As soon thereafter as practicable, but not later than sixty (60) calendar days, the President shall submit recommendations to the Board of Trustees. 16.7 In every case of financial exigency of the University or discontinuance of the College of Law, the faculty member concerned will be given notice as soon as possible. Faculty not notified before the schedule of notice in Articles 12 and 13 will be given at least twelve (12) months' notice. Before dismissal or termination of faculty under this Article, the University will make a good- faith and verifiable effort to place affected faculty members in other suitable positions within the University. When a faculty member's dismissal or termination is based upon financial exigency or academic reorganization, the released faculty member's place will not be filled by a replacement within a period of two (2) years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it. A faculty member who accepts reappointment shall be credited with all years of service accrued prior to his/her release for purposes of retirement (subject to STRS / PERS regulations) and rank and shall be reappointed with tenure if tenured at the time of release. 16.8 A terminated faculty member shall be eligible to continue coverage under the University’s group rate benefit programs for health, vision and dental insurance benefits at his/her own expense as provided for under COBRA. A terminated faculty member may convert his/her group basic life insurance benefit to an individual policy at his/her full cost according to the terms and conditions stipulated by the insurer in the Plan Certificate. A terminated faculty member may elect to “port” OR convert to an individual policy at his/her full cost voluntary group life insurance coverage according to the terms and conditions specified by the insurer in the Plan Certificate. To the extent available, office space and/or access to University facilities shall be provided to a terminated faculty member for professional purposes for a period of twelve months. 16.9 In the case of academic reorganization, faculty members will be kept informed of possible anticipated programmatic changes and staffing needs. Where possible, faculty members will be provided reasonable opportunity to develop the mutually acceptable level of competence to fill another position agreeable to the individual and to the University. Preferential consideration will be given tenured and long-term-contract faculty in the relocation process. No tenured or long- term-contract faculty member will be dismissed solely on the basis of discontinuance of the College of Law without the University making documented good-faith efforts to retrain and relocate the faculty member within the University. Tenured and long-term-contract faculty agree to cooperate in good-faith efforts to retrain and relocate them suitably within the University. Nevertheless, if dismissals or terminations are necessary, the procedure set forth in Article 16.5 above shall apply. 16.10 The AAUP-LS may file a Level IV grievance only over alleged procedural violations of this Article.

FINANCIAL EXIGENCY AND ACADEMIC REORGANIZATION. 16.1 Should the President reasonably anticipate the existence of an imminent financial crisis (exigency) of such severity that it threatens the survival of the University institution as a whole and cannot be alleviated without terminating the appointments of faculty members, or determine that financial justification exists for the discontinuance of the College a program or department of Law instruction necessitating the termination of regularly appointed faculty members, all data and information upon which this decision is based, including the anticipated savings, shall be provided to the CSU-AAUP-LS. The Administration shall also provide any relevant additional information in its possession which the AAUPCSU-LS AAUP may request within ten calendar days following the receipt of the initial information and data from the Administration. 16.2 In the case of financial exigency, within ten (10) days of receipt of the information under Article 16.1 above, a Financial Exigency Committee shall be jointly appointed by the Administration and the CSU-AAUP-LS, with each party having three appointments. The Financial Exigency Committee shall make advisory recommendations to the President on ways to alleviate the financial crisis, including the following considerations: A. Alternatives which would result in minimum deterioration of existing academic programs and which would not sacrifice the University's long-term fiscal health in order to solve a short-term financial problem; B. Means of initiating mechanisms for generating additional income; and C. Cost-cutting methods. In making its recommendations, the Financial Exigency Committee shall give consideration to long-term enrollment projections, the role of the programs in fulfilling the mission of the University as a whole and the continued accreditation of academic units, the effect on joint programs with other institutions and the impact on the students registered in the programs. Should retrenchment in academic programs be deemed necessary, due consideration should be given to providing for students enrolled in those programs the ability to complete their requirements. 16.3 The Financial Exigency Committee shall have a period of sixty (60) days from its inception to submit its advisory recommendations to the President. As soon thereafter as practicable, but not later than sixty (60) calendar days, the President shall submit recommendations to the Board of Trustees. 16.4 The President's recommendations to the Board of Trustees shall include a full inventory of the recommendations of the Financial Exigency Committee. Reasons for the President's recommendations and the Board's decisions shall be stated in writing, and accompanied by full disclosure of financial and other related information. 16.5 Normal attrition is the preferred approach to alleviating financial exigency. Nevertheless, if it becomes necessary to terminate the appointments of regular faculty members the following steps shall be taken in the order specified, provided academic obligations can be fulfilled: A. Any category of faculty other than full-time shall be released firstfirst in the affected department or program. B. Non-tenured members in an affected department shall be laid off in reverse order of seniority before tenured membersmembers in that department. C. Full-time tenured members in an affected department with the least amount of full-full- time continuous service at the University shall be laid off in advance of those with more full-full- time continuous University service. D. Where the length of full-time University service is equal, academic rank shall be taken into account, with the person with lower rank preceding a person with higher rank in the order of layoff. E. Any tenured member scheduled for layoff who is qualified or can be retrained by the University consistent with the academic obligations and fiscal constraints of the University to teach in a different program, department or college can replace an untenured faculty member in said program, department or college. 16.6 In the case of the discontinuance of the College a program or department of Lawinstruction, within ten (10) days of receipt of the information under Article 16.1 above, an Academic Reorganization Committee shall be jointly appointed by the Administration and the CSU-AAUP-LS, with each party having three (3) appointments. The Academic Reorganization Committee shall make advisory recommendations to the President within sixty (60) days of its inception regarding the discontinuance of the College a program or department of Lawinstruction. As soon thereafter as practicable, but not later than sixty (60) calendar days, the President shall submit recommendations to the Board of Trustees. 16.7 In every case of financial exigency of the University or discontinuance of the College a program or department of Lawinstruction, the faculty member concerned will be given notice as soon as possible. Faculty Tenured faculty and non- tenured faculty not notified before the schedule of notice in Articles Article 12 and 13 will be given at least twelve (12) months' notice. Before dismissal or termination of faculty under this Article, the University will make a good- faith and verifiable effort to place affected faculty members in other suitable positions within the University. When a faculty member's dismissal or termination is based upon financial exigency or academic reorganization, the released faculty member's place will not be filled by a replacement within a period of two (2) years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it. A faculty member who accepts reappointment shall be credited with all years of service accrued prior to his/her release for purposes of retirement (subject to STRS / PERS regulations) and rank and shall be reappointed with tenure if tenured at the time of release. 16.8 A terminated faculty member shall be eligible to continue coverage under the University’s group rate benefit programs for health, vision and dental insurance benefits at his/her own expense as provided for under COBRA. A terminated faculty member may convert his/her group basic life insurance benefit to an individual policy at his/her full cost according to the terms and conditions stipulated by the insurer in the Plan Certificate. A terminated faculty member may elect to “port” OR convert to an individual policy at his/her full cost voluntary group life insurance coverage according to the terms and conditions specified by the insurer in the Plan Certificate. To the extent available, office space and/or access to University facilities shall be provided to a terminated faculty member for professional purposes for a period of twelve months. 16.9 In the case of academic reorganization, faculty members will be kept informed of possible anticipated programmatic changes and staffing needs. Where possible, faculty members will be provided reasonable opportunity to develop the mutually acceptable level of competence to fill another position agreeable to the individual and to the University. Preferential consideration will be given tenured and long-term-contract faculty in the relocation process. No tenured or long- term-contract faculty member will be dismissed solely on the basis of discontinuance of the College of Law without the University making documented good-faith efforts to retrain and relocate the faculty member within the University. Tenured and long-term-contract faculty agree to cooperate in good-faith efforts to retrain and relocate them suitably within the University. Nevertheless, if dismissals or terminations are necessary, the procedure set forth in Article 16.5 above shall apply. 16.10 The AAUP-LS may file a Level IV grievance only over alleged procedural violations of this Article.twelve

FINANCIAL EXIGENCY AND ACADEMIC REORGANIZATION. 16.1 Should the President reasonably anticipate the existence of an imminent financial crisis (exigency) of such severity that it threatens the survival of the University as a whole and cannot be alleviated without terminating the appointments of faculty members, or determine that financial justification exists for the discontinuance of the College of Law necessitating the termination of regularly appointed faculty members, all data and information upon which this decision is based, including the anticipated savings, shall be provided to the AAUP-LS. The Administration shall also provide any relevant additional information in its possession which the AAUP-LS may request within ten calendar days following the receipt of the initial information and data from the Administration. 16.2 In the case of financial exigency, within ten (10) days of receipt of the information under Article 16.1 above, a Financial Exigency Committee shall be jointly appointed by the Administration and the AAUP-LS, with each party having three appointments. The Financial Exigency Committee shall make advisory recommendations to the President on ways to alleviate the financial crisis, including the following considerations: A. Alternatives which would result in minimum deterioration of existing academic programs and which would not sacrifice the University's long-term fiscal health in order to solve a short-term financial problem; B. Means of initiating mechanisms for generating additional income; and C. Cost-cutting methods. In making its recommendations, the Financial Exigency Committee shall give consideration to long-term enrollment projections, the role of the programs in fulfilling the mission of the University as a whole and the continued accreditation of academic units, the effect on joint programs with other institutions and the impact on the students registered in the programs. Should retrenchment in academic programs be deemed necessary, due consideration should be given to providing for students enrolled in those programs the ability to complete their requirements. 16.3 The Financial Exigency Committee shall have a period of sixty (60) days from its inception to submit its advisory recommendations to the President. As soon thereafter as practicable, but not later than sixty (60) calendar days, the President shall submit recommendations to the Board of Trustees. 16.4 The President's recommendations to the Board of Trustees shall include a full inventory of the recommendations of the Financial Exigency Committee. Reasons for the President's recommendations and the Board's decisions shall be stated in writing, and accompanied by full disclosure of financial and other related information. 16.5 Normal attrition is the preferred approach to alleviating financial exigency. Nevertheless, if it becomes necessary to terminate the appointments of regular faculty members the following steps shall be taken in the order specified, provided academic obligations can be fulfilled: A. Any category of faculty other than full-time shall be released first. B. Non-tenured members shall be laid off in reverse order of seniority before tenured members. C. Full-time tenured members with the least amount of full-time continuous service at the University shall be laid off in advance of those with more full-time continuous University service. D. Where the length of full-time University service is equal, academic rank shall be taken into account, with the person with lower rank preceding a person with higher rank in the order of layoff. E. Any tenured member scheduled for layoff who is qualified or can be retrained by the University consistent with the academic obligations and fiscal constraints of the University to teach in a different program, department or college can replace an untenured faculty member in said program, department or college. 16.6 In the case of the discontinuance of the College of Law, within ten (10) days of receipt of the information under Article 16.1 above, an Academic Reorganization Committee shall be jointly appointed by the Administration and the AAUP-LS, with each party having three (3) appointments. The Academic Reorganization Committee shall make advisory recommendations to the President within sixty (60) days of its inception regarding the discontinuance of the College of Law. As soon thereafter as practicable, but not later than sixty (60) calendar days, the President shall submit recommendations to the Board of Trustees. 16.7 In every case of financial exigency of the University or discontinuance of the College of Law, the faculty member concerned will be given notice as soon as possible. Faculty not notified before the schedule of notice in Articles 12 and 13 will be given at least twelve (12) months' notice. Before dismissal or termination of faculty under this Article, the University will make a good- good-faith and verifiable effort to place affected faculty members in other suitable positions within the University. When a faculty member's dismissal or termination is based upon financial exigency or academic reorganization, the released faculty member's place will not be filled by a replacement within a period of two (2) years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it. A faculty member who accepts reappointment shall be credited with all years of service accrued prior to his/her release for purposes of retirement (subject to STRS / PERS regulations) and rank and shall be reappointed with tenure if tenured at the time of release. 16.8 A terminated faculty member shall be eligible to continue coverage under the University’s group rate benefit programs for health, vision and dental insurance benefits at his/her own expense as provided for under COBRA. A terminated faculty member may convert his/her group basic life insurance benefit to an individual policy at his/her full cost according to the terms and conditions stipulated by the insurer in the Plan Certificate. A terminated faculty member may elect to “port” OR convert to an individual policy at his/her full cost voluntary group life insurance coverage according to the terms and conditions specified by the insurer in the Plan Certificate. To the extent available, office space and/or access to University facilities shall be provided to a terminated faculty member for professional purposes for a period of twelve months. 16.9 In the case of academic reorganization, faculty members will be kept informed of possible anticipated programmatic changes and staffing needs. Where possible, faculty members will be provided reasonable opportunity to develop the mutually acceptable level of competence to fill another position agreeable to the individual and to the University. Preferential consideration will be given tenured and long-term-contract faculty in the relocation process. No tenured or long- termlong-term- contract faculty member will be dismissed solely on the basis of discontinuance of the College of Law without the University making documented good-faith efforts to retrain and relocate the faculty member within the University. Tenured and long-term-contract faculty agree to cooperate in good-faith efforts to retrain and relocate them suitably within the University. Nevertheless, if dismissals or terminations are necessary, the procedure set forth in Article 16.5 above shall apply. 16.10 The AAUP-LS may file a Level IV grievance only over alleged procedural violations of this Article.