Policies of Academic Freedom and Tenure

The University of North Carolina at Wilmington

Approved by the Board of Governors of The University of North Carolina - May 14, 1976, effective June 11, 1976; revisions approved July 20, 1979, effective July 20, 1979; revisions approved May 10, 1982, effective July 1, 1982; revisions approved November 11, 1994, effective December 9, 1995; revisions approved January 2001, effective July 1, 2001; revisions approved August 2007, effective August 2007; revisions approved October 2009.

This document sets forth the official policy of The University of North Carolina at Wilmington regarding academic freedom, rights, and responsibilities, promotion, and tenure of its faculty. Fundamental in this policy are the concepts of academic freedom, rights, and responsibilities as stated in Chapter VI of the Code of The University of North Carolina. Equally fundamental is an explicit policy of promotion and tenure.

1. Freedom and responsibility in the university community
2. Academic freedom and responsibility of faculty
3. Academic tenure
4. Policies on appointment, promotion, and tenure
5. Mediation of faculty grievances
6. Nonreappointment hearings procedure
7. Faculty committee to hear grievances
8. Policies regarding cessation of university employment
9. Termination of faculty employment
10. Retirement
11. Policy on leave
12. Implementation

Section IX . Termination of Faculty Employment

1. Reasons justifying termination and consultation required
   1. Reasons for terminating employment
   2. Consultation with faculty and administrative officers
2. Termination procedure
   1. Considerations in determining whose employment is to be terminated
   2. Timely notice of termination
   3. Type of notice to be given
   4. Termination if reconsideration not requested
   5. Request for reconsideration hearing
   6. Jurisdiction of Hearings Committee in reconsidering termination
   7. Conduct of hearing
   8. Hearing procedure
   9. Procedure after hearing
3. Assistance for faculty members and rights to new positions
   1. Institutional assistance to employees who are terminated
   2. First right of refusal of new positions

1. Reasons Justifying Termination and Consultation Required
      
1. Reasons for Terminating Employment
         The employment of a faculty member with permanent tenure or of a faculty member appointed to a fixed term may be terminated by The University of North Carolina at Wilmington because of (1) demonstrable, bona fide institutional financial exigency or (2) major curtailment or elimination of a teaching, research, or public service program. Financial exigency is defined as a significant decline in the financial resources of the institution that is brought about by a decline in instructional enrollment or by other action or events that compel a reduction in the institution's current operations budget. The determination of whether a condition of financial exigency exists or whether there shall be a major curtailment of elimination of a teaching, research, or public service program shall be made by the Chancellor, after consulting with the academic administra-tive officers and faculties as required by Section 605 of the Code. This determination is subject to the concurrence of the President and the approval of the Board of Governors. If the financial exigency or curtailment or elimination of a program is such that the institution's contractual obligation to a faculty member cannot be met, the faculty member's employment may be terminated in accordance with the institutional procedures set out in Section IX.B below.
      
2. Consultation with Faculty and Administrative Officers
         When it appears that the institution will experience an institutional financial exigency or when it is considering a major curtailment in or elimination of a teaching, research, or public service program, the Chancellor or his/her delegate shall first seek the advice and recommendations of the academic administrative officers and faculties of the departments or other units that might be affected.
      
2. Termination Procedure
      
   1. Considerations in Determining Whose Employment Is to Be Terminated
            In determining which faculty member's employment is to be terminated for the reasons set forth in Section IX.A.1, consideration shall be given to tenure status, to years of service to the institution, and to other factors deemed relevant, but the primary consideration shall be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the institution.
         
   2. Timely Notice of Termination
      1. When a faculty member's employment is to be terminated because of a major curtailment or elimination of a teaching, research, or public service program that is not founded upon financial exigency, he shall be given timely notice as follows: (1) one who has permanent tenure shall be given not less than twelve months' notice; and (2) one who was appointed to a fixed term and does not have permanent tenure shall be given notice in accordance with the requirements specified in Section IV.B.3.
      2. When a faculty member's employment is to be terminated because of financial exigency, the institution shall make every reasonable effort, consistent with the need to maintain sound educational programs and within the limits of available resources, to give the same notice as set forth in Section IX.B.2.a [immediately above].
            
   3. Type of Notice to Be Given
            The Chancellor or his/her delegate shall send the faculty member whose employment is to be terminated a written statement of this fact by registered mail, return receipt requested or by another means that ensures delivery to the faculty member and which provides proof of delivery. This notice shall include a statement of the conditions requiring termination of the faculty member's employment; a general description of the procedures followed in making the decision; a disclosure of pertinent financial data upon which the decision was based; a statement of the faculty member's right, upon request, to a reconsideration of the decision by a faculty committee if he/she alleges that the decision to terminate him/her rather than another faculty member was arbitrary or capricious; and a copy of this procedure on termination of employment.
           
   4. Termination If Reconsideration Not Requested
            If, within ten days after he/she receives the notice required by Section IX.B.3, the faculty member makes no written request for a reconsideration hearing, his/her employment shall be terminated at the date specified in the notice given pursuant to Section IX.B.3 without recource to any institutional grievance or appellate procedure.
         
   5. Request for Reconsideration Hearing
            Within ten days after receiving the notice required by Section IX.B.3, the faculty member may request by registered mail, return receipt requested or by another means that ensures delivery to the chancellor and which provides proof of delivery, a reconsideration of the decision to terminate his/her employment if he/she alleges that the decision was arbitrary or capricious. The request shall be submitted to the Chancellor and shall specify the grounds upon which the faculty member contends that the decision to terminate his/her employment was arbitrary or capricious and shall include a short, plain statement of facts that he/she believes support the contention.
           Submission of such a request shall constitute on the faculty member's part: (1) a representation that he/she can prove the contention, and (2) an agreement that the institution may offer in rebuttal of the contention whatever relevant data it may have.
         
   6. Jurisdiction of Hearings Committee in Reconsidering Termination
            If the faculty member makes a timely written request for a reconsideration of the decision, the Chancellor or his/her delegate shall insure that the hearing is accorded before the Faculty Hearings Committee (a subset of the Faculty Hearings Panel). The committee's jurisdiction is solely to consider whether the selection of the faculty member for termination, vis-a-vis other faculty members, was arbitrary or capricious. The committee's jurisdiction does not extend to a reconsideration of whether a financial exigency exists or a program should be curtailed or eliminated. This reconsideration hearing shall be held promptly, but the committee shall accord the faculty member five days from the time it receives his written request for a hearing to prepare for it.
           
   7. Conduct of Hearing
            The hearing shall be conducted informally and shall be closed to the public. The faculty member and the Chancellor have the right to legal counsel, to present the testimony of witnesses and other evidence, to confront and cross-examine adverse witnesses, and to examine all documents and other adverse demonstrative evidence. The faculty member and the committee shall be given access, upon request, to documents of The University of North Carolina at Wilmington that were used in making the decision to terminate the faculty member after the decision was made that some faculty member's employment must be terminated. The hearing shall be transcribed or recorded. Upon request, a transcript of the proceedings shall be provided the faculty member at the institution's expense. The committee may consider only such evidence that it considers fair and reliable. All witnesses may be questioned by the committee members. Except as herein provided, the conduct of the hearing shall be under the committee chairperson's control. The committee must preserve all testimony and evidence received at the hearing in a form that will allow a later review if the decision is appealed.
           For purposes of the hearing, a quorum is a simple majority of the total membership. No member of the committee who holds an appointment in the faculty member's department or school, participated directly in the decision to terminate this individual faculty member, or has any other substantial conflict of interest shall hear this case.
         
   8. Hearing Procedure
           The hearing shall begin with the faculty member's presentation of contentions, limited to those grounds specified in the request for hearing and supported by such proof as he/she desires to offer. The Chancellor or his/her representative may then present in rebuttal of the faculty member's contentions, or in general support of the decision to terminate his/her employment, such testimonial or documentary proofs as he/she desires to offer, including his/her own testimony.
           At the end of this presentation, the committee shall consider the matter in executive session and shall make its written recommendations to the Chancellor within ten days after its hearing concludes. The burden shall be on the faculty member to satisfy the committee that his/her contention is true by a preponderance of the evidence.
         
   9. Procedure after Hearing
           If the committee determines that the faculty member's contention has not been established, it shall, by a simple unelaborated statement, so notify him/her and the Chancellor. The faculty member may then appeal the decision to terminate his/her employment to the UNCW Board of Trustees in accordance with Section 605C(6) of the Code.
           If the committee determines that the faculty member's contention has been satisfactorily established, it shall so notify him/her, and the Chancellor in writing. The notice to the Chancellor shall also include a recommendation for corrective action by the Chancellor.
           Within ten days after receiving the recommendation, the Chancellor shall send written notice to the faculty member and the chairperson of the committee what modification, if any, he/she will make with respect to the original decision to terminate the faculty member's employment. If the Chancellor fails to reverse the original decision, the faculty member may appeal the termination to the UNCW Board of Trustees in accordance with Section 605(C) of the Code. If the Chancellor concurs in a recommendation of the committee that is favorable to the faculty member, his/her decision is final.
          
3. Assistance for Faculty Members and Rights to New Positions
       
   1. Institutional Assistance to Employees Who Are Terminated
           The institution, when requested in writing by an employee whose employment has been terminated, shall give him/her reasonable assistance in finding other employment.
         
   2. First Right of Refusal of New Positions
           For two years after the effective date of termination of a faculty member's contract for any reason specified in Section IX.A, the institution shall not replace the faculty member without first offering the position to the person whose employment was terminated. The offer shall be made by registered mail, return receipt requested, to the faculty member's last known address, and he/she shall be given thirty calendar days after he/she receives the notice to accept the offer.