Notice of Non Renewal of Contract Sample Letter SECTION 11 NON by ztc36857

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									                                     SECTION 11

            NON-RENEWAL OF APPOINTMENT AND LAY-OFF

A. Non-Renewal

  1. Appointment and Non-Renewal Process –

     a. Faculty, other than those on multi-year contracts who have a contract of employment
        for a specific period of time, are to be appointed on an annual basis and should be
        advised of their reappointment each year. It is suggested that a statement indicating
        the reappointment be included in the annual evaluation or assignment letter.

          IMPORTANT: Since the contracts may arrive after the beginning of the
          contractual period, it is suggested that the reappointment and general annual
          assignment (noting the assignment may be subject to change) be conveyed in the
          annual evaluation letter.

     b. No appointment, other than for tenured or permanent status faculty members, should
        be considered to create any right, interest or expectancy beyond the specific term of
        the contract.

     c. A university may choose not to renew the employment of a non-tenured or non-
        permanent status faculty member, other than those on multi-year appointments, with
        appropriate notice as indicated below. However, the effective date of the non-
        reappointment may not occur during the term of the existing contract.

     d.   An administrator who is not renewing a faculty member’s appointment should meet
          with the faculty member and explain the reason(s) for non-reappointment and
          provide the faculty member with written notice of non-renewal.

     e. In the non-renewal process, a faculty member’s contract may not be broken; i.e., the
        notice date must not be within the current contract period.

          Only tenured or permanent status faculty have the right to annual re-appointment, all
          other faculty have the right to appropriate notice of non-renewal.

  2. Written Notice of Non-Reappointment Requirements – A letter of non-renewal must
     be provided within the following time limits provided in the university’s rules or a
     collective bargaining agreement. Examples of these limits are described below. A notice
     of a non-renewal of an appointment must be provided to those on limited appointments.
     These include appointments that are for less than one year, visiting or “soft money”




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appointments such as contract or grant appointments or specific projects or programs
which are in operation for a specified period of time as described below in c.

Faculty on multi-year appointments do not have to receive a non-renewal notice; the
initial offer of employment and contract should make it clear that the appointment is for
the specific contract period and no further notice may be required.




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   a. For example, the notice requirements for non-unit faculty may be as follows:

       1) In the initial contract year of university service (i.e., for 9-month faculty, a
          contractual period from August to May or, for 12-month faculty, a contractual
          period from July to June) 3 months prior to the effective date of the non-
          reappointment.
       2) In the second contractual year of university service, 6 months prior to the effective
          date of the non-reappointment;
       3) In the third contractual year of university service or beyond, 12 months prior to
          the effective date of the non-reappointment.
       4) These notification procedures also apply to non-unit faculty on “soft money” who
          have five (5) or more years of continuous university service.

   b. For example, notice requirements for in-unit faculty may be as follows:

       1) In the first two contractual years of university service, the faculty member must be
          notified one full semester (19.5 weeks) prior to the effective date of the non-
          reappointment;
       2) In the third and succeeding contractual years of continuous university service, one
          full year (12 months) prior to the effective date of the non-reappointment.
       3) These notification procedures also apply to in-unit faculty on “soft-money” who
          have five (5) or more years of continuous university service.

   c. For example, the notice requirements for visiting, temporary, “soft money”
      appointments may be as follows:

       1) Faculty on visiting or temporary appointment (less than one year) or appointed on
          “soft money” (for example, those on contracts, grants, sponsored research funds,
          grant and donation trust funds, or funds marked for special projects or programs
          or those made with special funds to meet enrollment demands) are not entitled to
          additional notice, if the following statement is included in the notice of
          appointment or reappointment:

          “Your employment under this contract will cease on the date indicated. No
          further notice of cessation of employment is required.”

       2) If the preceding statement is not included in the notice of appointment or
          reappointment, at least a ninety-day (90) notice is required. (Note: A similar
          period of notice (30 days) may be used for post-docs or others who have no
          continuous relationship with the university, if possible and appropriate. Refer to
          section 4, Appendix II.5.)

3. Non-Renewal Transmittal Procedures – Prior to the transmission of the letter
   indicating the notice of non-reappointment, the appropriate administrator should confer
   with the faculty and explain the reason(s) for non-reappointment (a reason does not have


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       to be based on performance or the like). This should be done as soon as the non-renewal
       decision is made and/or if such a decision is pending.

   4. Requirements of Letter of Non-Renewal – The letter indicating the notice of non-
      renewal should include the following items:

          A statement of the reasons for non-renewal is as follows:


               “The University has chosen to exercise its option to non-renew, with
               appropriate notice.” (Note: If the action were taken because of a tenure denial,
               this statement would not be appropriate.)

          A reference to the conference held to explain the reason(s) for the non-reappointment.

          The expiration date of the current contract.

          The last date of employment with the university.

          A reference to the appropriate appeal procedures in effect at the university (refer to
           Section 12) as follows:

           “If you believe your rights pursuant to University rules (or in the case of
           in-unit faculty members, the Collective Bargaining Agreement) have been
           violated or you wish to appeal this decision, you may elect to proceed
           through the appeals or grievance procedures available to faculty members.
           These include an appeal through the appropriate administrative structure
           (supervisor, P.I., chair, dean or director, or vice president, if appropriate),
           or filing a grievance under the procedures outlined in the university rules
           (or Collective Bargaining Agreement). Please note the specific time limits
           required for filing a grievance under the provisions of this rule. It is also
           important to emphasize that recourse to any one of the formal procedures
           constitutes a waiver of any other formal procedure otherwise available.”

          Copies of the appropriate university rule, which describes the appeal and grievance
           procedures, should be enclosed with the letter.

It is suggested that the letter of non-renewal or letters sent to a faculty member describing any other
negative personnel action, including disciplinary action or cause for termination, include references
to the appeal and grievance procedures available to the individual specifically noting any time limit
requirements. (Please refer to the language suggested for letters of denial of tenure or promotion in
Section 10.)

           Please refer to the sample non-renewal letter at the end of this section.



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B. Layoff – The normal provisions for layoff are described briefly below.

   1. Definition – Layoff is defined as:
       Termination of employment of a tenured/permanent status employee.
       Termination of a non-tenured/non-permanent status employee during the term of
         employment contract.
       Non-reappointment of an employee without the required notice, caused by one or
         more of the conditions in 2. directly below.

   2. Reasons for Layoff – As a result of adverse financial circumstances; reallocation of
      resources; reorganization of degree or curriculum offerings or requirements;
      reorganization of academic or administrative structures, programs, or functions; or
      curtailment of one or more programs or functions, the President may take action to “lay
      off” personnel.

   3. Requirement of Presidential Action – Layoff cannot be authorized without the approval
      of the President.

   4. Layoff Unit – The layoff unit may be a division, college, school, department, area,
      program, or other level of organization, as the President deems appropriate.

   5. Selection of those to be laid off – The normal order of which employees in-unit is to be
      laid off are:

          Non-tenured/non-permanent status* employees with five years of less continuous
           university service:
          Non-tenured/non-permanent status* employees with more than five years continuous
           university service;
          Employees who are tenured or have permanent status.

   6. Notification Requirements – Notification of layoff should be sent by certified mail as
      soon as practical, recognizing that it is desirable, where circumstances permit, to provide
      at least one year’s notice to employees having three or more years of service and six
      months’ notice to those with less service. In the case of layoff, the written notice should
      include:

          Effective date of layoff
          Reason for layoff
          Reason for shortened period of notification, if applicable, statement of recall rights
          Statement of appeal/grievance rights and applicable deadlines for filing
          Statement regarding retraining eligibility
          Statement that employee will receive information on state employment vacancies until
           recall period ends or reemployment offer is refused




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7. Recall Rights – Normally, for a period of two years following layoff, an employee who
   has been laid off, and who is not otherwise employed in an equivalent full-time position,
   should be offered reemployment in the same or similar position at the university, should an
   opportunity for such reemployment arise. An employee who refuses an offer of
   reemployment forfeits any further recall rights.

8. Payment for Accrued Leave –

      Upon layoff, an employee may be paid for up to thirty (30) days (240) hours of
       unused annual leave in a lump sum, unless the employee requests in writing that
       annual leave credits be retained pending reemployment.
      An employee with ten (10) or more years of service may be paid for unused sick
       leave, unless the employee requests in writing that unused sick leave be retained
       pending reemployment.




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                                          Appendix I

                            Sample of Letter of Non-Renewal

                                                                                           (date)
(first)
(second)
(third)

Dear (name):

This will confirm my conference with you on (date), during which I explained that the University
is exercising its option to provide a non-renewal of appointment with appropriate notice.

NOTE: The italicized language directly above would change if this non-renewal were for a
denial of tenure.

It is with regret that we must inform you that your contract with the (unit) of the University will
not be renewed. Your current contract expires _______, and your last day of employment will be
_________.

If you wish to appeal this decision or if you believe your rights pursuant to university rules have
been violated, you may elect to proceed through the appeal or grievance procedures available to
faculty members. These include:
        (1)    An appeal through the appropriate administrative structure (The appeal should
               begin at the level at which the decision was made, i.e. chair, dean/director or vice
               president, if appropriate.
        (2)    The grievance procedures outlined in the university rule (or for in-unit faculty, in
               the Collective Bargaining Agreement if appropriate).

Please note the specific time limits required for filing a grievance under the provisions of this
rule. It is also important to emphasize that recourse to any one of the formal procedures
constitutes a waiver of any other formal procedure otherwise available.


                                             Sincerely yours,



Attachments: (It is suggested that copies of the university rule that describes the
appeal and grievance procedures be attached to the letter.)


cc:    Dean or Director


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Department Chair
Personnel File




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