I.  Purpose and Scope

Appropriate staffing is critical to the Valley City State University’s (University) mission of excellence in teaching and public service.   The University recognizes that there are situations where a faculty member will separate from the University, due to changes in the wishes or needs of the University or the individual.  

This policy sets forth the University’s policy on nonrenewal, termination, or dismissal of a faculty member.  

II.  Definitions

A.  Adequate Cause:  Adequate cause includes, but is not limited to:

1. Demonstrated incompetence or dishonesty in teaching, research, or other professional activity related to institutional responsibilities;
2. Continued or repeated unsatisfactory performance evaluations and failure to respond in a satisfactory manner to a recommended plan for improvement;
3. Substantial and manifest neglect of duty;
4. Conduct which substantially impairs the individual’s fulfillment of their institutional responsibilities or the institutional responsibilities of others;
5. Medical reasons such as a physical or mental inability to perform assigned duties, provided that such action is consistent with laws prohibiting discrimination based upon disability; 
6. Significant or continued violations of Board policy or institutional policy, provided that for violations of University policy the University must notify the faculty member in advance in writing that violation would constitute grounds for dismissal, or the University policy must provide specifically for dismissal as a sanction; or

B.  Dismissal: the termination of employment of a tenured appointment at any time, or of a probationary appointment or special appointment other than by non-renewal of their contract.  

C.  Faculty member: for purposes of this policy: tenured faculty member, probationary appointments, and special appointments.

D.  Financial exigency: The Board of Higher Education passes a resolution determining that a financial exigency exists, requiring action from the University.  

E.  Medical reasons: Medical reasons which result in the faculty member’s inability to perform, even with reasonable accommodations, the essential functions of their duties and responsibilities as a faculty member.  Termination of employment for medical reasons is not to be considered dismissal as a sanction.

F.  Probationary appointment: All tenure track faculty who are not on special appointment.

G.  Sanction: a demotion, suspension (but not including suspension pending a dismissal or termination decision), salary reduction or loss of salary, or restriction or loss of privileges imposed as a formal disciplinary measure.  A sanction does not include implementation of an improvement plan or performance action plan or negative comments in a performance review, letter of reprimand or other document placed in a personnel file; rights to respond to a performance review or to a letter of reprimand or other document placed in a personnel file are set forth in N.D.C.C. 54-06-21 and institutional grievance procedures adopted under SBHE Policy 612.

H.  Serious misconduct: Conduct by an individual, while engaged in University business or on University premises, that includes, but is not limited to: violation of laws, and/or University policies, procedures, and practices; theft; assault or fighting; insubordination; dishonesty or unethical conduct; safety violations; harassment; possession/concealment of weapons; possession, use sale, or purchase of illegal drugs or illegal intoxicants; falsification or improper alteration of records, and disclosure or misuse of confidential information.

Additionally, serious misconduct may also arise as a result of personal behavior by a faculty member that has specific job-related or institutional consequences. The connection between such personal behavior and the faculty member’s employment will be assessed on a case-by-case basis by appropriate leadership. To that end, the University reserves the right to take appropriate disciplinary action, up to and including termination, if an employee engages in out-of-work or off-premises conduct that is sufficiently egregious and/or sufficiently detrimental to the best interest of the University.

I.  Special appointment: faculty with set-term appointments.  Special appointments include all adjunct faculty.

J.  Suspension: the barring of a faculty member from the exercise of their duties for a definite period of time.

K.  Termination: the discontinuing of employment of a faculty member.  

L.  Tenured faculty member:  a tenured faculty who has a right, subject to Board policy, to continuous academic year employment in an academic unit or program area as defined by the administration and stated on the contract.

 

 

III.  Policy Statement

The University administers involuntary and voluntary terminations from the University as equitably, humanely, and consistently as possible.

For purposes of this policy, faculty are distinguished by three different categories: (1) special appointments; (2) probationary appointments; and (3) tenured faculty. These categories determine what process is required in nonrenewal, termination, or dismissal.

A.  Special Appointments

Special appointments are faculty with set-term appointments.  Special appointments include all adjunct faculty. 

Special appointments are not probationary appointments.   

1.  Termination of Special Appointments

A special appointment terminates at the end of the term stated on the contract and may be renewed at the discretion of the University. Special appointments can also be terminated for adequate cause.

2.  Request for Review

Within twenty (20) calendar days after receiving the notice of termination of a special appointment, a faculty member may request review of the decision and a hearing by the Standing Committee of Faculty Rights (SCFR) by filing written notice with the deciding body or individual and the chair or the senior member of SCFR.

The request for review may be made on the following allegations:

a.  The University failed to comply with applicable policies;

b.  The University gave the decision inadequate consideration; or

c.  The nonrenewal decision violated:

i.    Academic freedom;

ii.   Rights guaranteed by the United States Constitution; or

iii.  Terms of the employment contract or other written agreement.

The allegation(s) must be supported by specific reasons why the decision violated these rights and a summary of the evidence to support the allegation(s).

Within twenty (20) calendar days of receiving the written notice and specifications, the University will provide a response to the faculty member and the chair of SCFR.

B.  Probationary Appointments

Probationary appointments include all faculty who are not tenured or on special appointment.  

1.  Nonrenewal of Probationary Appointment

The University has discretion in renewing probationary appointments.  While no cause is required in its determination not to renew a probationary appointment, the University must provide notice to the faculty member that the appointment will not be renewed.

a.  Notice

The department chair, dean, or other authorized person will provide the faculty member with notice that their probationary appointment will not be renewed.  Included in this notice will be a reference to the policy section that provides for the nonrenewal.

b.  Timing of Notice

i.    If the faculty member is in their first year of employment, notice must be given at least 90 days prior to termination.

ii.   If the faculty member is in the second year of employment, notice must be given at least 180 days prior to termination.

iii.  If the faculty member has been employed for two or more years, notice must be given at least one year prior to termination.

 c.  Reconsideration Request

Within ten (10) calendar days of receiving notice, the faculty member may request the deciding body or individual to reconsider the decision.  In the request, the faculty member may also request mediation.

The University shall respond in writing to the faculty member within ten (10) calendar days of receiving the request. 

2.  Termination of Probationary Appointment based on Financial Exigency, Loss of Legislative Appropriations, Loss of Institutional or Program Enrollment, Consolidation of Organizational Units or Program Areas or Elimination of Courses

a.  Financial Exigency

Probationary appointments may be terminated based on financial exigency. The Board of Higher Education makes the determination that a financial exigency exists, requiring action from the University. 

Termination of employment because of financial exigency is not to be considered dismissal as a sanction.

b.  Loss of Legislative Appropriations, Loss of Institutional or Program Enrollment, Consolidation of Organization Units or Program Areas or Elimination of Courses

The University may determine that it is necessary to terminate probationary appointments based on loss of legislative appropriations, loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses.  

Termination of employment because of loss of legislative appropriations, loss of institutional or program enrollment consolidation of organization units or program areas or elimination of courses is not to be considered dismissal as a sanction.

c.  Notice

The University will give notice of nonrenewal at least 90 days prior to the end of the contract term.  

Termination will be effective at the end of any contract term.

The notice of nonrenewal shall include a reference to the policy section pursuant to which the action is taken.  

d.  Provisions Regarding Timing of Notice and Reconsideration Request under Nonrenewal of Probationary Appointment do Not Apply

The Timing of Notice and Reconsideration Request provisions under Nonrenewal of Probationary Appointment do not apply to terminations that are based on financial exigency, loss of legislative appropriations, loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses. 

3.  Request for the Standing Committee on Faculty Rights to Review Decision and Conduct a Hearing

Within twenty (20) calendar days of:

a.  Receiving the notice of nonrenewal of a probationary appointment; 

b.  Receiving the results of a reconsideration request (see 1. Nonrenewal of Probationary Appointment, c. Reconsideration Request);

c.  Conclusion of a mediation (see 1.Nonrenewal of Probationary Appointment, c. Reconsideration Request)

a faculty member may request review of the decision and a hearing by the Standing Committee of Faculty Rights (SCFR) by filing written notice with the deciding body or individual and the chair or the senior member of SCFR.

The request for appeal may be made on the following allegations:

d.  The University failed to comply with applicable policies;

e.  The University gave the decision inadequate consideration; or

f.   The nonrenewal decision violated:

i.    Academic freedom;

ii.   Rights guaranteed by the United States Constitution; or

iii.  Terms of the employment contract or other written agreement.

The allegation(s) must be supported by specific reasons why the decision violated these rights and a summary of the evidence to support the allegation(s).

Within twenty (20) calendar days of receiving the written notice and specifications, the University will provide a response to the faculty member and the chair of SCFR.

 

C.  Tenured Faculty Members

Tenured faculty members are tenured faculty who have a right, subject to Board policy, to continuous academic year employment in an academic unit or program area as defined by the administration and stated on the contract.  The purpose of tenure is to assure academic freedom.

At times it may become necessary to terminate tenured faculty employment based on financial exigency, loss of legislative appropriations, loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses.  

Before notice of termination is given to a tenured faculty member, the University will follow its Procedure under V605.03 Nonrenewal, Termination or Dismissal of Tenured Faculty for Financial Exigency, Loss of Legislative Appropriations, Loss of Institutional or Program Enrollment, Consolidation of Organizational Units or Program Areas or Elimination of Courses.  

As part of this procedure, faculty participation will be solicited concerning:

1.  The extent to which there are grounds for termination of tenured appointments;

2.  Judgments determining where within the overall academic program termination of appointments may occur; and 

3.  The procedure and criteria for identifying the individuals whose appointments are to be terminated.

Additionally, in making its determination, the University gives significant consideration to: 

4.  Length of service and tenure status in the retention of faculty members within the affected academic unit or program area

5.  Curriculum requirements

6.  Professional achievements, 

7.  Breadth of competence, and 

8.  Equal employment opportunity.  

The University will follow its Procedure for Financial Exigency, Loss of Legislative Appropriations, Loss of Institutional or Program Enrollment, Consolidation of Organizational Units or Program Areas or Elimination of Courses.

a.  Termination Based on Financial Exigency

Tenured faculty members may be terminated based on financial exigency. The Board of Higher Education makes the determination that a financial exigency exists, requiring action from the University.

Termination of employment because of financial exigency is not to be considered dismissal as a sanction.

The University will provide the tenured faculty member written notice of termination at least 90 calendar days prior to the date of termination.

b.  Termination Based on Loss of Legislative Appropriations

The University may determine that it is necessary to terminate a tenured faculty member based on loss of legislative appropriations. 

Termination of employment because of loss if legislative appropriations is not to be considered dismissal as a sanction.

The University will provide the tenured faculty member written notice of termination at least twelve (12) months prior to termination.  

c.  Termination Based on Loss of Institutional or Program Enrollment, Consolidation of Organization Units or Program Areas or Elimination of Courses

The University may determine that it is necessary to terminate a tenured faculty member based on loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses. 

Termination of employment because of loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses is not to be considered dismissal as a sanction.

The University will provide the tenured faculty member written notice of termination at least twelve (12) months prior to the date of termination.

d.  Request that University Circulate Tenured Faculty Vita to Other Academic Units or Program Areas within the NDUS System

A tenured faculty who receives a termination notice based on financial exigency, loss of legislative appropriations, loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses may request the University circulate their vita to other academic units or program areas within the institutions of the NDUS.

e.  Fair Consideration Given to Qualified Tenured Faculty Members for Vacant Academic Positions at the University 

During the period of the terminal appointment, the University will fairly consider tenured faculty members for vacant academic positions at the University for which the faculty member is qualified.

The faculty within any academic unit or program has the major responsibility in determining the qualifications required for their unit or program.

If a tenured faculty member accepts an appointment in a different academic unit or program area, the faculty member shall retain their tenure status, subject to approval of the Board.

f.  Released Faculty Member has First Option of the Eliminated Position if It Becomes Available in Two Years

If a position is terminated based on financial exigency, loss of legislative appropriations, loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses, it shall not be filled with a replacement for two years unless the released faculty member has been offered appointment with tenure.   The faculty member must be given reasonable time to accept or decline the position.

g.  Request for Review

Within twenty (20) calendar days of receiving notice of termination, the tenured faculty member may file a request for review.   Review will follow the Procedure under V605.03 Nonrenewal, Termination or Dismissal of Tenured Faculty for Financial Exigency, Loss of Legislative Appropriations, Loss of Institutional or Program Enrollment, Consolidation of Organizational Units or Program Areas, or Elimination of Courses.

The provisions of SBHE Policy 605.4 Hearings and Appeals do not apply to tenured faculty members who are terminated based on financial exigency, loss of legislative appropriations, loss of institutional or program enrollment, consolidation of organizational units or program areas or elimination of courses.

D.  Voluntary Faculty Termination

A faculty member may terminate an appointment by giving notice in writing.  Faculty are encouraged to give notice well in advance of the date of termination of employment at the end of a contract term.

1.  Eligibility in the State Uniform Group Insurance Program

Eligibility to participate in the state uniform group insurance program during summer months is as follows:

a.  A faculty member with a nine-or-ten-month contract covering the regular academic year (generally, August to May) who gives notice of resignation prior to the end of the contract term and completes the contract term will have an insurance program termination date of July 2. 

b.  A faculty member with a nine-or-ten-month contract covering the regular academic year (generally, August to May) who completes the contract term and then gives notice of resignation before the beginning of the next regular contract term will have an insurance program termination date of July 2. 

c.  A faculty member with a nine-or-ten-month contract covering the regular academic year (generally, August to May) who does not return for work the next regular term will have an insurance program termination date of July 2. 

d.  If a faculty member with a nine-or-ten-month contract also has a contract for the summer term and resigns but completes the term, the effective date of termination of the insurance program is July 2 or the ending date of the summer term contract, whichever is later.

e.  Nothing in this section prohibits a faculty member from receiving insurance program benefits based on a spouse’s employment, eligibility, and participation in the state uniform group insurance program during the summer months.

f.  This provision does not apply if employment is terminated and a faculty member does not complete the contract term.

g.  This provision does not apply if a faculty member provides notice of other health plan coverage during the summer months.

E.  Termination for Adequate Cause

A faculty member may be dismissed at any time for adequate cause.  Adequate cause means:

1.  Demonstrated incompetence or dishonesty in teaching, research, or other professional activity related to institutional responsibilities;

2.  Continued or repeated unsatisfactory performance evaluations and failure to respond in a satisfactory manner to a recommended plan for improvement;

3.  Substantial and manifest neglect of conduct;

4.  Conduct which substantially impairs the individual’s fulfillment of their institutional responsibilities of others;

5.  Medical reasons such as a physical or mental inability to perform assigned duties, provided that such action is consistent with laws prohibiting discrimination based upon disability; 

6.  Significant or continued violations of Board policy or institutional policy, provided that for violations of institutional policy the institution must notify the faculty member in advance in writing that violation would constitute grounds for dismissal, or the institutional policy must provide specifically for dismissal as a sanction; or

a.  Notice

An authorized University officer shall give written notice to the faculty member of its intent to dismiss.  Additionally, the officer may choose but is not required to schedule a meeting with the faculty member to discuss the action.   The notice must include, but is not limited to the following:

i.   Specific reasons for the action;

ii.  Inform the faculty member that the officer will forward a recommendation to dismiss to the University president unless the faculty member requests a hearing before Standing Committee on Faculty Rights within twenty (20) calendar days of receipt of the notice;

iii.  Inform the faculty member that if they do not make a timely request for a hearing, the president, upon receipt of the recommendation to dismiss, shall make a decision and provide written notice and reasons for the action to the faculty member within ten (10) business days of receipt of the recommendation.

b.  Faculty Member’s Right to Request a Hearing before the Standing Committee on Faculty Rights

Within twenty (20) calendar days of receiving the notice of intent to forward a recommendation to dismiss to the University President, the faculty member may request a formal hearing before the Standing Committee on Faculty Rights, pursuant to NDUS 605.4 Hearings and Appeals.

c.  Faculty Member’s Status while a Final Decision is Pending

Pending a final decision on dismissal for adequate cause, if it is in the best interests of the faculty member or the University, the faculty member may be suspended by the University president or assigned to other duties in lieu of suspension.  The faculty member’s salary and fringe benefits will continue during a period of suspension.  After the University proceedings have concluded if the University president makes the final decision that dismissal is appropriate, salary and benefits will be terminated.

d.  Administrative Determination that Faculty Member’s Conduct Does Not Warrant Termination but a Lesser Sanction

If the administration determines that the faculty member’s conduct does not warrant termination but provides reasonable grounds for a sanction, the administration will inform the faculty member in writing of the sanction and the reasons for the sanction.

i.   Available Sanctions

(1)  Demotion;

(2)  Suspension (but not including suspension pending a dismissal or termination decision);

(3)  Salary reduction or loss of salary, or 

(4)  Restriction or loss of privileges imposed as a formal disciplinary measure.  

A sanction does not include implementation of an improvement plan or performance action plan or negative comments in a performance review, letter of reprimand or other document placed in a personnel file.   Rights to respond to a performance review or to a letter of reprimand or other document placed in a personnel file are set forth in N.D.C.C. 54-06-21 and institutional grievance procedures adopted under SBHE Policy 612.

ii.  Review of Imposed Sanction if the Sanction is Imposed Following a Hearing by the Standing Committee on Faculty Rights and is Based on the Hearing Record

If the sanction is imposed following a hearing by the Standing Committee on Faculty Rights and based on the hearing record, there is no further review.

iii.  Review of Imposed Sanction if the Sanction is Imposed without a Hearing

If the sanction is imposed without a hearing, the faculty member may request a review.  Within twenty (20) calendar days of receiving notice of imposition of a sanction, the faculty member may file with the University’ president and chair or senior member of the Standing Committee on Faculty Rights (SCFR) a request for review.   The request for review must specify the reasons for review. 

The University will respond within twenty (20) calendar days of receiving the request for review.

Within twenty (20) calendar days of receiving the University’s response, SCFR will review the matter according to (reference procedure).  Additionally, SCFR will issue a written report to the President and may make recommendations to resolve the dispute.  SCFR will state its reasons for its recommendations.

Within ten (10) business days of receiving SCFR’s report and recommendations, the President will make the final decision and provide written notice of the decision to the faculty member.

The sanction will not be imposed until the proceedings are concluded and the University President makes the final decision.

Sponsor: President

Reviewed: Winter 1996

Revised: Fall 2005

Reviewed by Faculty Senate: Winter 2006

Revised: Winter 2006

Revision by Natalie Wintch (June 2019); tracked changes by Dahlberg and NDUS Legal (Chris) approved by Faculty Senate & UPC Spring 2022