Abrogation of Tenure Procedure

06 Jul 2016 17:57

Back to list of posts

Procedure for Abrogation of Tenure or Termination of Current Appointment

Preliminary Proceedings Concerning the Fitness of a Faculty Member — When reason arises to question the fitness of a faculty member who has tenure or whose term of appointment has not expired, the Division Chair and the Vice President for Academic Affairs shall discuss the matter with the individual in personal conference. If adjustments are required and are satisfactory, the matter may end at that point.

If a satisfactory adjustment does not result, a written statement detailing the grounds
proposed for dismissal shall be presented to the faculty member by the President of the
University. If the faculty member wishes to dispute the abrogation or the termination, the
faculty member may call for a hearing before the Promotion and Tenure Committee. The
request for hearing must be in writing to the President of the University within calendar 21
days of receipt of notice of proposed dismissal from the President of the University. The
Promotion and Tenure Committee shall conduct the hearing. The Promotion and Tenure
Committee shall give notice of the hearing and the faculty member shall be permitted to
appear with counsel. Following the hearing, and after considering all matters before it, the
Promotion and Tenure Committee shall report its findings to the President of the University

Suspension of the Faculty Member — Suspension of the faculty member during the
proceedings is justified if there is a threat of immediate harm to the individual in question,
to other faculty, staff or personnel, to the academic profession, or to the students or if the
quality of the performance of the institution is jeopardized by the individual's continuance.
The decision to suspend is entrusted to the discretion of the President and is effective
immediately. Suspension may be reviewed by the Promotion and Tenure Committee at the
request of the faculty member. The committee must recommend expeditiously to the
President that suspension be continued or discontinued. Unless legal considerations forbid,
any suspension will be with pay.

Consideration by USAO Regents — The President of the University shall transmit to the Board of Regents the full report, if any, of the Promotion and Tenure Committee. If the Board of Regents determines its intention to suspend, abrogate, and/or terminate employment of the faculty member, the Board shall give notice to the faculty member. The faculty member may, within 21 calendar days of receiving written notice of the Board’s intention to suspend, abrogate, or terminate employment, request a hearing before the Board of Regents. The Board shall schedule a hearing and advise the faculty member of the hearing date.

Termination of employment cannot become effective until one of the following has occurred:
(1) the faculty member fails to request a hearing before the Board of Regents within 21
days following the faculty member’s receipt of the Board’s notification of intent to
suspend, abrogate and/or terminate employment (time is of the essence); (2) the faculty
member waives such a hearing; or (3) after conducting the requested hearing, the Board of
Regents suspends, abrogates, and/or terminates the employment of the faculty member.

Effect of Abrogation or Termination — A decision by the Board of Regents to abrogate tenure or a decision to terminate an appointment of a non-tenured faculty member abolishes the employment relationship of the faculty member with USAO. In such case, the faculty
member is obligated to vacate any University facilities used by the faculty member and to
terminate all campus privileges and duties.


A. During the term of probationary service (see p. 23 supra.), a faculty member on a tenure track appointment shall be notified no later than March 1 before the expiration of the annual contract in the event the faculty member will not be reappointed to the faculty the following year.

B. Notwithstanding the terms in paragraph A. under Non-Reappointment, a faculty member denied tenure at the April meeting of the USAO Board of Regents under Procedures for Tenure, supra., will not be reappointed to a faculty position the following academic year.

C. A full-time faculty member who is not on tenure track may be notified at any time of

Comments: 0

Add a New Comment

Unless otherwise stated, the content of this page is licensed under Creative Commons Attribution-ShareAlike 3.0 License