Resign a Contract

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					SUBJECT: Faculty Separation                                                                      INDEX#: F-11
SECTION: Faculty Information, Governance, and Employment Policies                                 PAGE: 1 of 2
DATE:    October 18, 1996

At times, Dakota Wesleyan University or individual faculty members may find it necessary to sever their
contractual relationship; the various types of employment separation are described below.

VOLUNTARY SEPARATION
Resignation and retirement are separation actions by which a faculty member voluntarily severs his/her
employment relationship with the University.
It is requested that all faculty members provide the earliest possible notice of intent to resign; notice should be
given in writing to the President of the University with a copy to the Vice President for Academic Affairs and
Dean. The University expects that faculty members will fulfill the terms of their contracts; however, in the
unusual circumstances that a faculty member must resign mid-contract, he/she will be paid a pro rata portion of
her/his salary based on the number of days of instruction provided.

INVOLUNTARY SEPARATION
Involuntary separation is an employment-termination action by which Dakota Wesleyan University severs its
employment relationship with a faculty member. Generally, involuntary separation actions fall into the categories
discussed below.

Nonreappointment of Probationary Contracts and Nonrenewal of Term Contracts
The term nonreappointment generally applies to probationary (tenure-track) contracts, while the term nonrenewal
generally applies to term contracts; both terms mean that the University has decided not to renew an appointment
at the conclusion of its term due to:
      unsatisfactory performance, or lack of progress meeting the institution's criteria for reappointment,
         renewal, or awarding of tenure
        changes in staffing needs
        budgetary constraints beyond the annual budget but short of financial exigency which make it imprudent
         to renew the appointment
Recommendations for nonreappointment of nonrenewal may originate from the Vice President for Academic
Affairs and Dean in consultation with the members of the affected department or division, or from the Committee
on Rank and Tenure. The decision rests, in the final instance, with the Vice President for Academic Affairs and
Dean with the approval of the President.
The University should make every effort to notify faculty members of nonreappointment as early as possible,
under any of the three reasons given above. In addition, in the case of nonreappointment of probationary contracts
due to unsatisfactory performance or lack of progress meeting the institution's criteria for reappointment, renewal,
or awarding of tenure, the following notification schedule should be followed:
     for faculty in their first year, March 1
     for faculty in their second year, December 15
     for faculty in their third-sixth year, November 15
Notification of nonreappointment of a probationary faculty member will be given in writing by the President to the
affected faculty member; this notification will include the reasons for nonreappointment.
Whenever possible, these courtesies will be extended to the nonrenewal of term contracts.


Major Changes in Academic Program
The decision to formally discontinue or change a department or program may be initiated by a department/division
or program, the Educational Policies and Curriculum Committee, the Vice President for Academic Affairs and
Dean, or the President. The final arbiter for decisions involving major changes will be the full Board of Trustees
upon recommendation of the Academic Affairs Committee of the Board.
Decisions pertaining to personnel changes resulting from program review will be made by the Division Chairs, the
Vice President for Academic Affairs and Dean, and the President. Such decisions should be based upon
educational considerations which reflect the long-range judgement that the educational mission of the University
will be enhanced by the change(s) and should not be based upon cyclical or temporary variations in enrollment.
SUBJECT: Faculty Separation                                                                      INDEX#: F-11
SECTION: Faculty Information, Governance, and Employment Policies                                 PAGE: 2 of 2
DATE:    October 18, 1996

If the University reinstates the department or program within two years, any tenured faculty who were terminated
due to change or discontinuation should be offered reappointment under conditions comparable to those held at the
time of termination.

Financial Exigency
Financial exigency is a rare and serious institutional crisis which threatens the University as a whole. It is defined
as the critical, pressing, or urgent need on the part of the University to reorder its monetary expenditures in such a
way as to remedy and relive a state of urgency within the University created by its inability to meet its annual
monetary expenditures with sufficient revenue to prevent a sustained loss of funds.
In considering how to deal with the financial situation, the retention of a viable academic program should be the
primary goal. Consideration should be given to the essential needs of each department and ht academic integrity
of the institution.
Before any faculty are terminated because of financial exigency, the Board of Trustees must officially declare that
financial exigency exists. Subsequently, the faculty shall be represented in processes relating to program
reorganization, or the curtailment or termination of instructional programs due to financial exigency, through the
University and Educational Policies and Curriculum Committee. Faculty will not necessarily be represented in
individual personnel decisions; the President and the Board of Trustees shall have final authority in all matters
related to financial exigency and personnel changes so caused.
If it is necessary to terminate the employment of tenured faculty members, degrees, rank, and years of service
should be taken into account. Tenure rights should be protected as much as possible and an institutional effort
should be made to find a suitable faculty position for the faculty member at Dakota Wesleyan University. A
tenured faculty member should not be terminated in favor of a nontenured person except in extraordinary
circumstances where a serious distortion of the academic program would otherwise result. If termination of
tenured faculty is necessary, the following criteria should be applied in order:
      1. program integrity;
      2. faculty rank;
      3. academic degree; and
      4. seniority in rank.

Dismissal for Cause
Dismissal for cause is a separation action by which Dakota Wesleyan University terminates its contract with the
faculty member for cause. Any teaching contract is subject to such action. Generally, dismissal proceedings will
result from serious misconduct, which may include, but is not limited to, the following:
     a. professional incompetence;
     b. continued neglect of academic duties in spite of oral and written warnings;
     c. serious personal misconduct;
     d. deliberate and serious violation of the rights and freedom of fellow faculty members , administrators, or
          students;
     e. conviction of a crime directly related to the faculty member’s fitness to practice her/his profession;
     f. serious failure to follow the cannons and professional ethics of one’s discipline or the teaching profession
          in general;
     g. falsification of credentials or experience.
Dismissal procedures usually begin with the Vice President for Academic Affairs and Dean providing written
notice to the faculty member and the President that grounds for dismissal for cause may exist. This notice usually
contains a summary of the evidence and stipulates a period of time within which correction of the alleged problem
is expected. If the faculty member fails to correct the problem, dismissal proceedings may be initiated. The
faculty member should have the opportunity to meet with the President to present her/his defense to the dismissal
recommendation before such recommendation is acted upon by the President.
In all cases of faculty dismissal for cause, the President determines what, if any, salary payments are to be made
beyond the date of dismissal.



See also: Faculty Evaluation, Faculty Contracts

				
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