Common use of Terms of a Continuous Appointment Clause in Contracts

Terms of a Continuous Appointment. For purposes of this Article, a "continuous appointment" is an indefinite appointment that can be terminated only under the following circumstances: 1. Pursuant to Article 22 (Retrenchment). 2. When a sanction of termination is warranted and imposed pursuant to Article 27 (Imposition of Progressive Sanctions). 3. Due to a change in curricular needs or programmatic requirements made in accordance with applicable shared governance procedures. In such a case: i. As soon as practicable, but no later than 60 days prior to issuing a notice of termination, the Department Chair must provide written justification for the decision and explanation of the applicable shared governance procedure to the faculty members, the Xxxx, the Xxxxxxx and the Association. ii. If the employment of multiple faculty members in equivalent positions, and with equivalent position-related qualifications, skills and expertise, are to be terminated due to the same change in curricular needs or programmatic requirements, then lay-off shall be in order of seniority. Faculty will be laid off in inverse order to length of continuous service at the University. iii. The faculty member is to be given at least six months’ notice of termination of employment, with such termination effective at the end of the academic year. iv. The School/College will make a good faith effort to find a comparable position within the University for the faculty member. v. If the reason for the decision that lead to the layoff is reversed within three years from the date that notice of termination was provided to the faculty member, the affected faculty members will be recalled in inverse order of layoff. To exercise recall rights, a faculty member must: a. Notify Human Resources in writing, within 30 days of the termination notice, of intent to be placed on the recall list. If/when there is a need for a recall list, the parties agree to meet promptly for the purpose of negotiating a process for administering the recall list. b. Inform Human Resources of any change in telephone, email or address. c. In the event of a recall, Human Resources will contact the faculty member by phone and email, and notify the Association, of the recall. d. The recalled faculty member will have ten (10) working days to accept or reject the position. Failure to contact Human Resources within ten (10) working days will be considered a rejection of the position. e. A recalled faculty member who rejects a position will be removed from the recall list. 4. If the faculty member receives an unsatisfactory evaluation and fails to remediate the deficiencies during the subsequent academic year, as provided in paragraph (g) below.