13.1.0 Procedures for Reduction and Discontinuance of Academic Programs and Majors in Conditions Other Than Financial Threat or Exigency
13.1.1 Academic Program and Major Reduction and Discontinuance
The college through its administration adds resources to academic programs and departments for the purpose of strengthening the college and enhancing the student experience. So too, the college has the authority to reallocate funds from one academic program to another. This is done through direct reallocation, i.e., funds are taken from one program and added to another program. It also may be done by not adding resources as costs increase or it might be done by not refunding a vacant position. Generally, this is done in negotiation directly with the impacted department.
13.1.2 Planned Reduction in Program Funding
In the case of a planned reduction in resources (program or personnel), if removing funding is such that it jeopardizes the quality or viability of a faculty approved program or academic major, it is incumbent upon the administration to bring the matter to the Educational Policy and Curriculum Committee (EPCC) for review. The administration will also provide a timetable for the resolution of the matter. The impacted department or program will have the right to a hearing by the EPCC regarding the matter. Should the EPCC disagree with the decision of the administration, the EPCC may seek a hearing before the Learning Programs Committee of the board of trustees, or its designees. The decision of the Learning Programs Committee is final.
Should the planned reduction in program funding result in terminating academic staff positions, non-tenured faculty, tenure-track faculty, or tenured faculty, the Faculty Personnel Committee will be notified. The college will use the termination procedures outlined in the Simpson College Faculty Handbook, Part II: Personnel Policies, Section 6 . The role of the Faculty Personnel Committee will be to make sure that the termination procedures have been followed. Tenured faculty members impacted by planned reduction in program funding will have the right of appeal using the procedures outlined in the Simpson College Faculty Handbook, Part III: Personnel Procedures, Section 13.3.0.
13.1.3 Elimination of a Major, Program or Academic Department
In the case of a planned elimination of a major, program, or department, the administration will present its plan, including a timetable for action, to the EPCC. The impacted department will have the right to a hearing by the EPCC. If the EPCC agrees with the proposal, it will send it with a positive recommendation to the full faculty for a vote. If the EPCC does not agree with the proposal, it will send it to the full faculty without recommendation for a vote. If a majority of faculty agrees with the plan, it will be implemented. If a majority of faculty does not agree with the plan, the matter will be referred to the board of trustees, or its designee for a decision. The decision of the board will be final.
Should the reduction plan include terminating academic staff positions, non-tenured faculty, tenure-track faculty, or tenured faculty, the Faculty Personnel Committee will be notified. All contract termination processes outlined in the Simpson College Faculty Handbook, Part II: Personnel Policies, Section 6 will be followed. Tenured faculty members impacted by planned reduction in program funding will have the right of appeal using the procedures outlined in the Simpson College Faculty Handbook, Part III: Personnel Procedures, Section 13.3.0.
13.2.0 Procedures for Retrenchment Under Conditions of Financial Threat and Financial Exigency
13.2.1 Retrenchment Under Conditions of Financial Threat
In the case of a perceived financial threat to the college and the belief that a declaration of retrenchment is warranted, the President will present the evidence of the financial threat to the faculty’s Faculty Liaison Council (FLC) for review and discussion. The administration will also provide a timetable for the resolution of the matter.
If the FLC agrees by majority vote that a financial threat exists and that the threat warrants retrenchment, the President will declare that a retrenchment situation exists and put into effect the procedure outlined in the Simpson College Faculty Handbook, Part III: Personnel Procedures, Section 13.2.3. The President will also provide the FLC with an estimate of when the retrenchment period will end. This may be a specific date, or a specific condition. For example, retrenchment may end at the end of a budget year or upon two consecutive years of balanced budgets.
If the FLC does not agree that a financial threat exists or that the threat does not warrant retrenchment, it will state its case in writing to the President and ask that the matter be reconsidered. Upon review, if the President does not agree with the FLC in its assessment of the situation, she or he will provide the FLC his or her rationale. If the FLC does not agree with the President’s assessment, the FLC has the opportunity to request a hearing of the College Board of Trustees or its designee. The decision of the College Board of Trustees is final.
13.2.2 Process to Address the Financial Threat
When the FLC and the President agree that a financial threat exists, and that it demands retrenchment, and that cuts in the academic program and/or staffing budget must be made, the President will ask the faculty to elect a special committee consisting of one tenured faculty member from each academic division of the college and two at-large representatives of the faculty to advise him or her about reducing the academic program. The President will provide the special committee with an estimate of the amount that must be cut from the academic budget and any recommendations it may have for reductions in the academic program to address the financial threat. The administration will also provide a timetable for the resolution of the matter.
The special committee will review the information and recommendations from the administration and use its discretion to make its own recommendations to cut the academic budget to the level required. The special committee will have the authority to seek and gather additional information from college offices outside of the academic affairs division and meet with other members of the faculty to develop its proposal. Maintaining the overall quality of the academic program and the needs of current students will remain paramount.
The special committee will consult with appropriate members of the faculty, including the division heads, department chairs and committees as necessary. Departments impacted by the recommendations of the special committee may appear before the special committee to appeal.
If the administration disagrees with the recommendations from the special committee, it will work to resolve the differences. If this is not possible, the special committee will have the opportunity to request a hearing of the College Board of Trustees or its designee. The decision of the College Board of Trustees is final.
Should the reduction plan include terminating academic staff positions, non-tenured faculty, tenure-track faculty, or tenured faculty, the Faculty Personnel Committee will be consulted. All contract termination processes outlined in the Simpson College Faculty Handbook, Part II: Personnel Policies, Section 6 will be followed. Tenured faculty who are impacted by the reduction have the right to appeal under the Simpson College Handbook, Part III: Personnel Procedures, Section 13.3.0.
13.2.3 Retrenchment Under Conditions of Financial Exigency
In the case of a perceived financial exigency to the college and should the President believe that a declaration of retrenchment is warranted, the President will present the evidence of the financial exigency and the administration’s plan and timetable to address the financial exigency to a joint meeting of the faculty’s Faculty Liaison Council (FLC) and the Educational Policy and Curriculum Committee (EPCC) for review and discussion.
If a majority of the FLC and EPCC members casting votes agree a financial exigency exists and that the situation warrants immediate retrenchment, and the plan presented by the President is appropriate, the President will put into effect the plan provided the FLC and EPCC.
If a majority of the members of FLC and EPCC do not agree with the President that a financial exigency exists or that the exigency warrants retrenchment, or that the President’s plan is appropriate, it will state its case in writing to the President and ask that the matter be reconsidered. Upon review, if the President does not agree with the members of the FLC and EPCC in their assessment of the situation, she or he will provide the FLC and the EPCC his or her rationale. If a majority of the members of the FLC and EPCC do not agree with the President’s assessment, the members of the FLC and the EPCC will have the opportunity to request a hearing before the College Board of Trustees or its designee. The decision of the College Board of Trustees is final.
Departments impacted by the recommendations of the administration may appear before the members of FLC and the EPCC to appeal.
Should the reduction plan include terminating academic staff positions, non-tenured faculty, tenure-track faculty, or tenured faculty, the Faculty Personnel Committee (FPC) will be consulted. All contract termination processes outlined in the Simpson College Faculty Handbook, Part II: Personnel Policies, Section 6 will be followed. Tenured faculty members impacted by planned reduction in program funding will have the right of appeal using the procedures outlined in the Simpson College Faculty Handbook, Part III: Personnel Procedures, Section 13.3.0.
The FPC will review the plan to terminate the positions to make sure all appropriate Handbook policies with regard to appropriate notice have been followed and bring any concerns to the attention of the President. If the issues are not resolved, the FPC will have the opportunity to request a hearing before the Board of Trustees or their designee. The decision of the College Board of Trustees is final.
13.3.0 Appeal Procedure for Tenured Faculty Affected by Retrenchment
13.3.1 Appeal to the Faculty Personnel Committee
Any tenured faculty member under the threat of termination for reasons of retrenchment will have the right to appeal to the Faculty Personnel Committee. After hearing the appeal, the Faculty Personnel Committee will make a recommendation to the President.
13.3.2 Appeal to the Board of Trustees
Any tenured faculty member whose appointment is terminated by using the procedures identified in Section 13.1.2, Section 13.1.3, and Section 13.2.0, will be given the right to appeal such action to the Learning Programs Committee of the Board (LPC), or its designee, provided he or she initiates such an appeal within a thirty-day calendar period following notification of such termination.
The request for such an appeal should be given in writing to the president of the college within the period indicated above. The president will in turn make arrangements for the hearing of such an appeal before the LPC to be held within a period not to exceed thirty calendar days following the request.
The faculty member may place before the LPC any data pertinent to his or her appeal and may have one advisor or representative present. The faculty member will have the ability to call witnesses.
Having studied the appeal, LPC will make the final decision.
13.3.3 Reassignment
In the event that a tenured faculty member’s appointment is to be terminated, the administration of the college will make every effort to place the faculty member in a suitable position elsewhere in the college. The college will provide reasonable re-training and/or financial assistance to help prepare for a reassignment at the college.
13.3.4 Assistance in Relocation
In the event retention of a tenured person is not possible, the administration of the college will provide assistance to such a person in securing a position in another college or university, or in a non-collegiate structure. These same services may be extended to persons on probationary or non-tenured contracts.
13.3.5 Notice of Termination
In all cases previously agreed upon, guidelines of notice of termination of contract will be followed (at least three months’ notice in the first year of appointment, or by March 1; at least six months’ notice in the case of second year appointment or by December 15; and at least one year’s notice or by May 31 before the termination date of the appointment for those who have completed a minimum of two years).
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