Common use of Retrenchment Due to Financial Exigency Clause in Contracts

Retrenchment Due to Financial Exigency. a. A condition of financial exigency shall be declared by the Board of Trustees at such time as the University faces an imminent financial crisis which threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means. b. Proposals to eliminate academic units or programs shall proceed in accordance with the University protocols and procedures for review of such proposals, provided that the review process therein specified shall, following a declaration of financial exigency, be completed in accordance with a timetable established by the Xxxxxxx following consultation with the Faculty Senate and not to exceed six (6) months. c. If the course of action adopted by the Board of Trustees requires termination of faculty appointments, under the direction of the President or his or her designee, a staffing plan will be developed in coordination with affected college or school or division Deans, Directors and Chairs, to address such personnel actions. Staffing plans may include proposals for reductions in FTE (e.g. reduced workload and reduced salary), temporary or permanent reassignments within the institution or other options that may obviate or lessen the need for faculty terminations. i. In all cases requiring termination of faculty members, primary consideration shall be given to the University’s responsibility to offer academic programs consistent with its institutional mission and established strategic priorities. Except for compelling and bona fide reasons relating to academic and program needs, appointment terminations will be made within academic units in conformance with the following order of priority: (a) part-time faculty (i.e. less than .75 FTE) in an affected program; (b) non-tenure track faculty members in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service; (c) non-tenured, tenure-track faculty in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service; (d) tenured faculty in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service. ii. In any case in which the order of termination is based on other than seniority, the Xxxx will provide in writing to the Union the reasons for this decision. d. Affected faculty will receive written notice of termination from their Xxxx or decanal equivalent. Faculty shall not have a right to grieve the merits of a Board of Trustees’ decision to declare a condition of financial exigency or the Presidential recommendation that such a declaration be made. A termination decision under this Article may be grieved solely on the grounds that it is arbitrary or capricious in light of the criteria specified in Section 3.c.i or 3.c.ii of this Article; made in violation of academic freedom; or violative of Constitutional or statutory rights of the faculty member. e. The following standards of final notice or severance salary in lieu thereof shall apply to all cases of appointment termination because of financial exigency: for faculty in the first year of service, a minimum of three (3) months notice or equivalent salary and benefits in lieu of notice if given after March 1; for faculty in the second or third year of consecutive service, a minimum of six (6) months’ notice or equivalent salary and benefits in lieu of notice if given by December 15, or salary and benefits equivalent to one (1) year’s notice if notice is given after December 15; for faculty in the fourth year of consecutive service, and in the case of tenured appointments, a minimum of twelve (12) month’s notice or equivalent salary and benefits in lieu of notice. f. If, because of a condition of financial exigency, the University terminates the appointments of faculty members, it will not at the same time make new appointments to the departments or programs in which such terminations occurred except where a serious distortion in a department or program would otherwise result. In all cases of termination because of financial exigency, the positions of faculty members terminated under this Article will not be filled by a replacement within a period of thirty (30) months from the effective date of termination, subject to the recall rights provided in this Article. g. During the thirty (30) months period from the effective date of the termination, the terminated faculty member shall be offered employment in the same position should the position be restored. A terminated faculty member shall also be offered, on the basis of seniority and qualifications, a right of first refusal relative to appointment to a faculty vacancy within the department for a period of thirty (30) months from the effective date of termination. Any faculty member so recalled shall have thirty (30) days in which to accept such an offer. Both the offer of re-employment and its acceptance or rejection shall be made by registered or certified mail. It is the responsibility of the faculty member to notify the University in the event of a change of address. h. It is the responsibility of the President to monitor closely the financial status of the University during a period of financial exigency. The President shall periodically report on the matter to the Faculty Senate. At such time as the President determines that the condition of financial exigency no longer exists, the President shall recommend to the Board of Trustees that a declaration of cessation of the state of financial exigency be issued.

Retrenchment Due to Financial Exigency. a. A condition of financial exigency shall be declared by the Board of Trustees at such time as the University faces an imminent financial crisis which threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means. b. Proposals to eliminate academic units or programs shall proceed in accordance with the University Uni- versity protocols and procedures for review of such proposals, provided that the review process therein specified shall, following a declaration of financial exigency, be completed in accordance with a timetable established by the Xxxxxxx following consultation with the Faculty Senate and not to exceed six (6) months. c. If the course of action adopted by the Board of Trustees requires termination of faculty appointmentsap- pointments, under the direction of the President or his or her designee, a staffing plan will be developed de- veloped in coordination with affected college or school or division Deans, Directors and Chairs, to address such personnel actions. Staffing plans may include proposals for reductions in FTE (e.g. reduced workload and reduced salary), temporary or permanent reassignments within the institution in- stitution or other options that may obviate or lessen the need for faculty terminations. i. In all cases requiring termination of faculty members, primary consideration shall be given to the University’s responsibility to offer academic programs consistent with its institutional mission mis- sion and established strategic priorities. Except for compelling and bona fide reasons relating to academic and program needs, appointment terminations will be made within academic units in conformance with the following order of priority: (a) part-time faculty (i.e. less than .75 FTE) in an affected program; (b) non-tenure track faculty members in an affected program in reverse order of rank, and within with- in each rank, in reverse order of seniority or credited professional service; (c) non-tenured, tenure-track faculty in an affected program in reverse order of rank, and within with- in each rank, in reverse order of seniority or credited professional service; (d) tenured faculty in an affected program in reverse order of rank, and within each rank, in reverse re- verse order of seniority or credited professional service. ii. In any case in which the order of termination is based on other than seniority, the Xxxx will provide in writing to the Union the reasons for this decision. d. Affected faculty will receive written notice of termination from their Xxxx or decanal equivalentequiva- lent. Faculty shall not have a right to grieve the merits of a Board of Trustees’ decision to declare a condition of financial exigency or the Presidential recommendation that such a declaration be made. A termination decision under this Article may be grieved solely on the grounds that it is arbitrary or capricious in light of the criteria specified in Section 3.c.i or 3.c.ii of this Article; made in violation of academic freedom; or violative of Constitutional or statutory rights of the faculty member. e. The following standards of final notice or severance salary in lieu thereof shall apply to all cases of appointment termination because of financial exigency: for faculty in the first year of service, a minimum of three (3) months notice or equivalent salary and benefits in lieu of notice if given after March 1; for faculty in the second or third year of consecutive service, a minimum of six (6) months’ notice or equivalent salary and benefits in lieu of notice if given by December 15, or salary and benefits equivalent to one (1) year’s notice if notice is given after December 15; for faculty in the fourth year of consecutive service, and in the case of tenured appointments, a minimum of twelve (12) month’s notice or equivalent salary and benefits in lieu of notice.; f. If, because of a condition of financial exigency, the University terminates the appointments of faculty members, it will not at the same time make new appointments to the departments or programs pro- grams in which such terminations occurred except where a serious distortion in a department or program would otherwise result. In all cases of termination because of financial exigency, the positions po- sitions of faculty members terminated under this Article will not be filled by a replacement within with- in a period of thirty (30) months from the effective date of termination, subject to the recall rights provided in this Article. g. During the thirty (30) months period from the effective date of the termination, the terminated faculty member shall be offered employment in the same position should the position be restored. A terminated faculty member shall also be offered, on the basis of seniority and qualifications, a right of first refusal relative to appointment to a faculty vacancy within the department for a period peri- od of thirty (30) months from the effective date of termination. Any faculty member so recalled shall have thirty (30) days in which to accept such an offer. Both the offer of re-employment and its acceptance or rejection shall be made by registered or certified mail. It is the responsibility of the faculty member to notify the University in the event of a change of address. h. It is the responsibility of the President to monitor closely the financial status of the University during a period of financial exigency. The President shall periodically report on the matter to the Faculty Senate. At such time as the President determines that the condition of financial exigency no longer exists, the President shall recommend to the Board of Trustees that a declaration of cessation of the state of financial exigency be issued.

Retrenchment Due to Financial Exigency. a. A condition of financial exigency shall be declared by the Board of Trustees at such time as the University faces an imminent financial crisis which threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means. Such a declaration shall be made by the Board of Trustees upon recommendation of the University President. The recommendation of the President shall be made following consultation with the Faculty Senate Executive Council and the Union President, such consultation to be held jointly or separately in the sole discretion of the President. The President’s recommendation must include submission to the Board of Trustees of documentation of the financial position of the University, a request for the declaration and reasons therefore, and a plan to address the financial condition of the University. The President shall notify the Union President immediately subsequent to making a recommendation of such declaration to the Board of Trustees. The further provisions of this Article shall apply in the event the Board of Trustees accepts the recommendation of the University President and declares a condition of financial exigency that requires (1) closure of the institution; or (2) termination of faculty appointments, whether as a result of unit or academic program elimination or individualized staffing reductions. b. Proposals to eliminate academic units or programs shall proceed in accordance with the University protocols and procedures for review of such proposals, provided that the review process therein specified shall, following a declaration of financial exigency, be completed in accordance with a timetable established by the Xxxxxxx following consultation with the Faculty Senate and not to exceed six (6) months. c. If the course of action adopted by the Board of Trustees requires termination of faculty appointments, under the direction of the President or his or her their designee, a staffing plan will be developed in coordination with affected college or school or division Deans, Directors and Chairs, to address such personnel actions. Staffing plans may include proposals for reductions in FTE (e.g. reduced workload and reduced salary), temporary or permanent reassignments within the institution or other options that may obviate or lessen the need for faculty terminations.. The following criteria shall apply to the identification of faculty members whose termination is to be effected: i. In all cases requiring termination of faculty members, primary consideration shall be given to the University’s responsibility to offer academic programs consistent with its institutional mission and established strategic priorities. Except for compelling and bona fide reasons relating to academic and program needs, appointment terminations will be made within academic units in conformance with the following order of priority: (a) part-time faculty (i.e. less than .75 FTE) in an affected program; (b) non-tenure track faculty members in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service; (c) non-tenured, tenure-track faculty in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service; (d) tenured faculty in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service. ii. In any case in which the order of termination is based on other than seniority, the Xxxx will provide in writing to the Union the reasons for this decision. d. Affected faculty will receive written notice of termination from their Xxxx or decanal equivalent. Faculty shall not have a right to grieve the merits of a Board of Trustees’ decision to declare a condition of financial exigency or the Presidential recommendation that such a declaration be made. A termination decision under this Article may be grieved solely on the grounds that it is arbitrary or capricious in light of the criteria specified in Section 3.c.i or 3.c.ii of this Article; made in violation of academic freedom; or violative of Constitutional or statutory rights of the faculty member. e. The following standards of final notice or severance salary in lieu thereof shall apply to all cases of appointment termination because of financial exigency: for faculty in the first year of service, a minimum of three (3) months notice or equivalent salary and benefits in lieu of notice if given after March 1; for faculty in the second or third year of consecutive service, a minimum of six (6) months’ notice or equivalent salary and benefits in lieu of notice if given by December 15, or salary and benefits equivalent to one (1) year’s notice if notice is given after December 15; for faculty in the fourth year of consecutive service, and in the case of tenured appointments, a minimum of twelve (12) month’s notice or equivalent salary and benefits in lieu of notice. Compensation payable under this Section shall be made on the same schedule as the faculty member’s regular payment schedule. f. If, because of a condition of financial exigency, the University terminates the appointments of faculty members, it will not at the same time make new appointments to the departments or programs in which such terminations occurred except where a serious distortion in a department or program would otherwise result. In all cases of termination because of financial exigency, the positions of faculty members terminated under this Article will not be filled by a replacement within a period of thirty (30) months from the effective date of termination, subject to the recall rights provided in this Article. g. During the thirty (30) months period from the effective date of the termination, the terminated faculty member shall be offered employment in the same position should the position be restored. A terminated faculty member shall also be offered, on the basis of seniority and qualifications, a right of first refusal relative to appointment to a faculty vacancy within the department for a period of thirty (30) months from the effective date of termination. Any faculty member so recalled shall have thirty (30) days in which to accept such an offer. Both the offer of re-employment and its acceptance or rejection shall be made by registered or certified mail. It is the responsibility of the faculty member to notify the University in the event of a change of address. A faculty member reinstated under this Section to their same position shall be appointed at no less than the salary, rank and appointment status associated with the appointment from which termination occurred as of the effective date of such termination, along with all other rights and privileges otherwise available to similarly situated faculty whose appointments were not terminated. A faculty member re-employed into a different faculty position from that originally held shall be offered a salary, rank and appointment status appropriate to the position, together with all other associated rights and privileges of the employment. In cases of reinstatement or reemployment to faculty positions, previous years of bargaining unit service shall count towards eligibility for sabbaticals and professional leaves, retirement benefits and may, as appropriate, count towards promotion and tenure eligibility. Such eligibility will be determined by the Xxxxxxx in consultation with the Xxxx. If the faculty member was enrolled in a health insurance program at the time of layoff, they shall be entitled to purchase health insurance benefits during the thirty (30) month recall period at the Consolidated Omnibus Budget Reconciliation Act (COBRA) group rate in effect for the bargaining unit and for the time period for which the COBRA provides. h. It is the responsibility of the President to monitor closely the financial status of the University during a period of financial exigency. The President shall periodically report on the matter to the Faculty Senate. At such time as the President determines that the condition of financial exigency no longer exists, the President shall recommend to the Board of Trustees that a declaration of cessation of the state of financial exigency be issued.