Termination of Faculty Employment Due to Financial Exigency

1. Reasons for Terminating Employment: The employment of any Faculty Member may be terminated by Winston-Salem State University because of (1) demonstrable, bona fide institutional financial exigency; or (2) major curtailment or elimination of a teaching, research, or public service program. Financial exigency is defined as a significant decline in the financial resources of the institution that is brought about by decline in institutional enrollment or by other actions or events that compel a reduction in the institution’s current operations budget (Section I.C). The determination of whether a condition of Financial Exigency exists or whether there shall be a major curtailment or elimination of a teaching, research, or public service program shall be made by the Chancellor, after consulting with the academic administrative officers and faculties as required by Section X.A.2 below. This determination is subject to concurrence by the President and then approval by the Board of Governors. If the Financial Exigency or curtailment or elimination of a program is such that the institution’s contractual obligation to a faculty member cannot be met, the employment of the Faculty Member may be terminated in accordance with the institutional procedures set out in Section X.B below.

2. Consultation with Faculty and Administrative Officers: When it appears that the institution will experience an institutional exigency or when it is considering a major curtailment in or elimination of a teaching, research, or public service program, the chancellor or his/her designee shall first seek the advice and recommendations of the academic administrative officers and faculties of the department or other units that might be affected. In cases of Financial Exigency, the chancellor or his/her designee shall appoint an ad hoc committee made up of the provost, the deans, and at least one Faculty Member from each department. The faculty representatives on the ad hoc committee shall be elected by their respective departments. The chancellor shall formulate a plan after receiving the advice of the ad hoc committee, subject to the approval of the Board of Trustees, the president, and the Board of Governors. Any such plan shall, however, take due consideration of the termination and nonreappointment policies and procedures contained in these tenure policies.

1. Consideration For Termination: In determining which Faculty Member’s employment is to be terminated for the reasons set forth in Section X.A.1 above, consideration shall be given to tenure status, to years of service to the institution, and to other factors deemed relevant, but the primary consideration shall be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the institution.

1. When a Faculty Member’s employment is to be terminated because of major curtailment or elimination of teaching, research, or public service program that is not founded upon Financial Exigency, the Faculty Member shall be given timely notice as follows:
   1. One who is in the first year of service at the institution shall be given 90 calendar days’ notice before his/her contract expires.
   2. One who is in the second year of continuous service at the institution shall be given not less than 180 calendar days’ notice before his/her employment contract expires.
   3. One with two or more years of continuous service at the institution shall be given not less than twelve months’ notice before his/her employment contract expires.
   4. One who has permanent tenure shall be given not less than twelve months’ notice.
2. When a Faculty Member’s employment is to be terminated because of Financial Exigency, the institution shall make every reasonable effort, consistent with the need to maintain sound educational programs and within the limits of available resources, to give the same notice as set forth in Section X.B.2 above.

3. Type of Notice to be Given
The Chancellor or his/her designee shall send the Faculty Member whose employment is to be terminated a written statement of this fact by Formal Notice. This notice shall include a statement of the conditions requiring termination of employment; a general description of the procedures followed in making the decision; a disclosure of pertinent financial or other data upon which the decision was based; a statement of the Faculty Member’s right, upon request, to a reconsideration of the decision by the Faculty Hearing Committee on Discharge and Nonreappointment if he or she alleges that the decision to terminate him/her was arbitrary or capricious; and a copy of this termination procedure.

4. Termination if Reconsideration not Requested:
If, within 10 Days after receiving the notice required in Section X.B.3 above, the Faculty Member makes no written request for a reconsideration hearing, his or her employment shall be terminated at the date specified in the notice given without recourse to any institutional grievance or appellate procedure.

5. Request for Reconsideration Hearing:
Within 10 Days after receiving the notice required in Section X.B.3 above, the Faculty Member may request by Formal Notice, a reconsideration of the decision to terminate employment if he or she alleges that the decision was arbitrary or capricious. The request shall be submitted to the chancellor and shall specify the grounds upon which the Faculty Member contends that the decision to terminate employment was arbitrary or capricious and shall include a short, plain statement of facts that the Faculty Member believes support the contention. Submission of such a request shall constitute on the part of the Faculty Member: (1) a representation that he or she can prove the contention, and (2) an agreement that the institution may offer in rebuttal of the contention whatever relevant data it may have.

6. Jurisdiction of Faculty Hearing Committee on Discharge and Nonreappointment If the Faculty Member makes a timely written request for a reconsideration of the decision to terminate employment, the chancellor or his/her designee shall ensure that the hearing is accorded before the Committee. This reconsideration shall be limited solely to a determination of the contentions made in the Faculty Member’s request for reconsideration. The reconsideration hearing shall be held promptly, but the committee shall accord the Faculty Member a minimum 5 Days’ notice to prepare for a hearing.

7. Conduct of Hearing:
The hearing shall be conducted informally and shall be closed to the public. All witnesses shall be sworn before a court reporter. The Faculty Member and the chancellor have the right to legal counsel, to present the testimony of witnesses and other evidence, to confront and cross-examine witnesses, and to examine all documents and other demonstrative evidence.

The Faculty Member and the committee shall be given access, upon request, to the Winston-Salem State University documents that were used in making the decision to terminate the subject Faculty Member after the decision was made that some Faculty Member’s employment must be terminated.

The committee may consider only such evidence as is presented at the hearing and need consider only the evidence offered that it considers fair and reliable. All witnesses may be questioned by the members of the committee. Except as herein provided, the conduct of the hearing shall be under the control of the committee chair. A quorum for purposes of the meeting shall be a simple majority of the committee’s total membership. No one shall serve on the committee for this hearing who holds appointment in the Faculty Member’s department, participated directly in the decision to terminate this individual Faculty Member, or has any other substantial conflict of interest.

8. Hearing Procedure:
The hearing shall begin with the Faculty Member’s presentation of contentions, limited to those grounds specified in the request for hearing and supported by such proof as the Faculty Member desires to offer. The provost or his/her representative may then present in rebuttal of the Faculty Member’s contentions, or in general support of the decision to terminate his or her employment, such testimonial or documentary proofs as he/she desires to offer, including his/her own testimony.

At the end of this presentation, the committee shall consider the matter in executive session and shall make its written recommendations to the chancellor within 10 Days after its hearing concludes. The burden shall be on the Faculty

Member to satisfy the committee that his or her contention is true by the greater weight of the evidence.

9. Procedure after Hearing:
If the Committee determines that the contention of the Faculty Member has not been established, it shall, by a simple, unelaborated, written statement, notify the Faculty Member and the chancellor. The Faculty Member may appeal the unfavorable decision to the Board of Trustees. The decision of the Board of Trustees is final.

If the committee determines that the contention of the Faculty Member has been satisfactorily established, it shall so notify him or her and the chancellor by Formal Notice that shall also include a recommendation for corrective action by the chancellor.

Within 20 Days after receiving the recommendation, the chancellor shall send Formal Notice to the Faculty Member what modification, if any, he/she will make with respect to the original decision to terminate the Faculty Member’s employment. If the chancellor concurs in a recommendation of the committee that is favorable to the Faculty Member, the chancellor’s decision is final. If the chancellor fails to reverse the original decision, the chancellor shall provide Formal Notice to the Faculty Member. The Faculty Member may appeal the termination to the Board of Trustees. A notice of appeal shall be submitted within 10 Days following receipt of the chancellor’s decision by directing the appeal to the Chair of the Board of Trustees, c/o the Chancellor, Suite 200 Blair Hall, Winston-Salem State University, Winston-Salem, NC 27110.

Upon request, a transcript of the proceedings shall be given the Faculty Member at the institution’s expense.

1. Institutional Assistance to Employees who are Terminated: When requested in writing by an employee whose employment has been terminated, the institution shall provide reasonable assistance in finding other employment.

2. First Right of Refusal of New Positions: For a period of two years after the effective date of termination of a Faculty Member’s contract for any of the reasons specified in Section X.A, the institution shall not replace a Faculty Member without first offering the position to the person whose employment was terminated. The offer shall be made by Formal Notice and the Faculty Member will be given thirty calendar days after attempted delivery to accept or reject the offer.