School/Division/Program Discontinuation

The College may decide to discontinue a school/division/program, either with or without a declaration of financial exigency, when it believes that the cost of the school/division/program has become excessive relative to the educational priorities and financial resources of the institution and has significant, adverse consequences for staffing and funding the rest of the College’s academic program. Any decision must also include consideration of the impact of the decision on the mission/vision of the College and the overall pedagogic impact on the College. The discontinuation of a school/division/program will be decided in consultation with the faculty and it may require the layoff of all faculty within that school/division/program, whether tenured or untenured, and, potentially, the transferring of faculty to either staff positions or the acceptance of other options by faculty as outlined below. Layoff of faculty must comply with notification guidelines outlined in the relevant sections of this handbook.
A decision to recommend the discontinuation of a school/division/program to the President will be made by the VPAA, upon conclusion of the consultation process described below.

In considering whether to make a recommendation to discontinue a school/division/program, the VPAA shall consult with the relevant school/division/program members through the relevant Division or Department Chair(s) or Dean(s) and the Faculty Senate to assure due consideration of the relevant facts and issues. At the conclusion of this consultation, should the VPAA decide to recommend discontinuation, they will forward the recommendation(s) to the full faculty for its response and recommendation. Having received the faculty’s response and recommendation, the VPAA will submit their recommendation on discontinuation to the President, with copies sent to the members of the relevant school/division/program, Dean(s)/Chair(s) and Faculty Senate Chair.

The final decision on discontinuation rests with the President. A decision to discontinue school/division/program cannot become effective at any time other than the end of an academic year, except in cases of financial exigency.

When circumstances necessitate laying off ranked faculty members due to school/division/program discontinuation, the institution will make a good faith effort, to the extent of the College’s financial ability, taking into consideration all of its obligations, to offer the faculty member concerned another academic position, if available, for which they are qualified. Those options could include serving as a part-time non-tenured faculty member.

Likewise, should no other faculty position be obtainable, a staff position for which the faculty member is qualified, if available, may instead be offered.

If placement in a faculty or staff position would be facilitated by a reasonable period of training, financial and other support for such training will be offered, as determined by the VPAA and the President to the extent of the College’s financial ability, taking into consideration all of its obligations. Decisions on what would constitute “a position for which the faculty member is qualified,” “a reasonable period of training” and/or “level of financial or other support” during the “transition process” will be determined by the VPAA in consultation with the affected faculty member, the relevant school/division/program and Division or Department Chair(s)/Dean(s), and the Chairperson of Faculty Senate.

An “available position,” whether a faculty or a staff position, does not include a position that is currently filled by a full-time employee.

Should the decision to discontinue a school/division/program necessitate the layoff of more than one faculty member, and should the College’s financial ability not enable it to offer to all the laid-off faculty either an academic or a staff position as described above, the order of offering a suitable position will be:
1. tenured members in order of seniority
2. untenured members in order of seniority
Should the College’s financial ability or the absence of “suitable positions” not enable it to offer either an academic or staff position, or should a faculty member not desire such a position even if offered, the faculty member, if eligible, could take early retirement or attempt to negotiate a mutually agreeable severance package with the College.

Faculty who accept the offer of new, full-time teaching responsibilities as a result of school/division/program discontinuation will suffer no reduction in salary, benefits or rank, nor will they be negatively affected in either promotion and/or tenure decisions. A faculty member’s seniority in the institution is not affected even if they join a new school/division/program as the result of their school/division/program’s discontinuation. Their contract, rights and responsibilities will continue to be guided by the same Faculty Handbook policies that governed them prior to the school/division/program discontinuation.

Faculty who accept the offer of a staff position or a combination of faculty and staff duties will retain faculty status and rights, but will be subject to the salary, benefits and responsibilities associated with the new position.

The refusal of a tenured or untenured faculty member of a discontinued school/division/program to accept the offer of new duties in either an academic or staff position for which, with a reasonable period of training, they are qualified, constitutes a resignation by the faculty member from the institution at the end of their current contract year. Should a faculty member file, and win, an appeal based on the grounds stipulated below, the resignation will not take effect.
If a tenured full-time faculty member is laid off, no full-time replacement for their position will be hired within a period of three years unless the terminated faculty member has been offered reappointment under conditions comparable to those operative at the time of their layoff, and has been given a least two weeks after written notice of the offer of reappointment within which to accept the reappointment.
If a tenured full-time member is laid off, no part-time replacement for their position will be hired within a period of three years unless the terminated faculty member has been offered the contract to teach the desired courses on a part-time contract and has been given at least two weeks after written notice of the offer of reappointment to a part-time contract within which to accept the reappointment.

If a replacement is needed within three years to fill a full-time position of an untenured full-time faculty member who was laid off, the College may at its discretion offer the terminated faculty member reappointment under conditions comparable to those operative at the time of their layoff. If the former faculty member accepts reappointment, service prior to layoff will be credited in full toward the period for tenure and eligibility for promotion and sabbatical leave.

If a replacement is needed within three years to fill a part-time position of a probationary full-time faculty member who was laid off, the College may at its discretion offer the terminated faculty member reappointment to teach the desired courses on a part-time contract and has been given at least two weeks after written notice of the offer of reappointment to a part-time contract within which to accept the reappointment.

It shall be the duty of the laid off faculty member to keep the College informed of their current address for purpose of this section. An offer of reappointment sent by certified mail to the most recent address in College records shall be presumed received.
Tenured faculty members who are to be laid off will be given notice by June 30^th either that they are to be laid off at the end of the following academic year or that they will be laid off effective at the beginning of the upcoming academic year and receive one full year’s severance pay in lieu of a year’s notice.
Untenured faculty members will be given the usual notice required for non-reappointment.
Faculty on term appointments whose appointments are terminated before the end of the stated term will receive one-half the salary due them for the remaining term of their contract or one year’s salary, whichever is less.

Grievances Regarding School/Division/Program Discontinuation:

A faculty member who is laid off due to school/division/program discontinuation may file a grievance with the PSC if they believe that the decision to discontinue their school/division/program:

violated one or more of the procedures stated above;
was made on grounds that are discriminatory or in violation of academic freedom;
was arbitrary.

The burden of proof in the case of such an appeal rests on the faculty member.

A faculty member may also file a grievance if they believe that the decision(s) relating to what constitutes “a position for which the faculty member is qualified,” “a reasonable period of training” and/or “level of financial or other support” during the “transition process” was arbitrary or blatantly unreasonable.

The burden of proof in the case of such an appeal rests on the faculty member.

The PSC will report its findings and recommendations to the President of the College. If the committee’s findings support the faculty member’s allegation(s), in whole or in part, it may recommend that the President reconsider the decision(s) relating to what constitutes “a position for which the faculty member is qualified,” “a reasonable period of training” and/or “level of financial or other support” during the “transition process.” The President’s decision is final.