Procedures for Layoff Specific to the Reason for Layoff

Layoff Due to Prolonged Mental or Physical Illness: The decision to terminate an appointment due to a prolonged mental or physical illness must be based on clear and convincing evidence that the faculty member cannot continue to fulfill the terms and conditions of their appointment, even with reasonable accommodation. Evidence collected may include student feedback, course evaluations, classroom observations, or any other evidence as deemed necessary to make a reasonable judgement.
To secure the requisite evidence, the College may require that the faculty member or their representative make copies of the relevant medical records available to those persons at the College who are party to a possible decision to terminate the faculty member’s appointment or to the review of such a decision. The College, at its discretion, may require that the faculty member’s condition be evaluated by an appropriate health-care professional of the College’s choice. Failure of the faculty member or their representative to cooperate with these requests will result in the decision’s being made on the basis of the College’s evaluation of the faculty member’s condition on the basis of whatever information it has at hand.

The decision to terminate will be made only after the VPAA has consulted with the faculty member or their representative, and after the faculty member or their representative has been informed in writing of the basis of the proposed action and the reasons for it. If the faculty member or their representative so requests within 10 working days of the notice of termination, the situation will be reviewed by the Office of Human Resources before final action is taken. The opinion of the Office of Human Resources is not binding on either the President or the Board of Trustees. If the faculty member has tenure, the final decision to terminate the appointment is made by the Board of Trustees upon the recommendation of the President. In all other cases, the final decision to terminate the appointment is made by the President.
Layoff Due to Financial Exigency: Either the President or the Chairperson of the Board of Trustees may initiate consideration of a declaration of financial exigency. In either case, the other party must be consulted before any further action is taken.
If, after consultation with the President, the Chairperson of the Board decides to proceed toward a declaration of financial exigency, then the President and their Cabinet, together with Faculty Senate and the Deans, Chairpersons, and/or Directors of the affected area, will be charged to review the relevant data and possible courses of action, including constructive alternatives that would not require a declaration of financial exigency, and to present their findings and recommendations to the Executive Committee of the Board of Trustees.
1. No fewer than 10 working days will be allowed to conduct their review and to make their recommendations.
2. The Cabinet, the Faculty Senate, and the Deans, Chairpersons and/or Directors may work independently or together, but each is obligated to provide relevant information at its disposal to the other.
3. On any matter where consensus is not achieved, each body may present its findings and/or recommendations to the Board.
The Board may not declare a state of financial exigency until it has received and considered the findings and recommendations of the Cabinet and the Representatives of the Faculty or the time allowed for consideration by these parties has elapsed without issuing a report of findings and recommendations.

If the Board decides to declare a state of financial exigency, actions taken to implement its decision and plan of action must proceed in keeping with the policies and procedures described below.