II. EMPLOYMENT

2.1 EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION

2.1.1 In order to provide equal employment and advancement opportunities to all individuals, employment decisions at the University shall be based solely on merit, qualifications, and abilities.

2.1.2 The University does not discriminate against any employee or applicant for employment on the basis of race, sex, color, disability, national origin, religion, creed, age, marital status, change in marital status, sexual preference, citizenship or authorized alien status, veteran or disabled veteran status or Vietnam veteran status or any other classifications protected by law.

If required by law the University will make reasonable accommodations for qualified individuals unless doing so would result in undue hardship to the University.

2.2 CATEGORIES OF EMPLOYMENT

2.2.1 Ranked faculty are faculty who have been appointed to one of four academic ranks: Instructor, Assistant Professor, Associate Professor, or Professor. Ranked faculty may be categorized as regular, visiting or emeritus. (See section 6.2 Initial Appointment Criteria for Faculty).

2.2.1.1 Regular ranked faculty are eligible for multi-year appointments after demonstration of satisfactory performance as outlined in section 3.3.

2.2.1.2 Visiting ranked faculty are appointed for a semester or a full academic year and are not eligible for multi-year appointments. There shall be a limit of three consecutive years on visiting faculty appointments.

2.2.2 Full-time ranked faculty teach 24 credit hours or their equivalent in an academic year.

2.2.3 Part-time ranked faculty teach 12 to 23 credit hours or their equivalent in an academic year.

2.2.4 Non-Ranked faculty are temporary faculty of the University who are assigned teaching, service, or scholarly responsibilities. This includes, but is not limited to, faculty designated as Adjunct or Artist/Writer/Scholar in Residence. (See section 6.3 Policy on Artists/Writers/Scholars in Residence).

2.3 SECONDARY EMPLOYMENT

2.3.1 Secondary employment is any work done elsewhere while serving as ranked faculty at the University. This includes, but is not limited to, adjunct teaching, consulting, research, and other professional activities, whether compensated or not. ranked faculty may hold secondary employment as long as the secondary employment does not create a conflict of interest or interfere with the work required of ranked faculty by the University

2.3.2 The University shall determine when a ranked faculty's activities create a conflict of interest or interfere with job duties to the University.

2.3.3 The ranked faculty shall submit written notice to the department chair and Academic Dean upon initial hire or within ten days after the ranked faculty enters into any secondary work relationship.

2.3.4 Ranked faculty are not expected to provide written notice during semesters when they are not teaching any required credit hours.

2.3.5 During semesters when ranked faculty are teaching the required credit hours, secondary work should not usually exceed on the average eight hours per week.

2.3.6 Although faculty member's primary obligation is to the University and the students as defined in the employment contract, a reasonable amount of consultation and other outside professional activities are beneficial to a faculty member's professional development. Consulting and other professional activities should not exceed more than the equivalent of one day per week. In performing consultations or other professional activities, faculty members will not represent their work as being done on behalf of or through the University unless prior explicit written authority has been given by the University.

2.4 TERMINATION OF EMPLOYMENT

2.4.1 Termination of employment includes any action that permanently severs the employment relationship between an employee and the University. All decisions terminating the employment relationship, whether by the employee or the University, shall be documented in writing and filed in the employee's personnel file. Types of termination include resignation, retirement, non-renewal of contract, dismissal for cause, and layoff.

2.4.2 RESIGNATION

2.4.2.1 A ranked faculty member resigns when he or she voluntarily seeks to be released from their contract or when the ranked faculty member voluntarily rejects an offered contract renewal. Faculty members shall give the University no less than two weeks notice prior to the requested date of resignation and are encouraged to give the earliest possible notice.

2.4.2.2 The University may request that an employee leave the University at any time after receiving notice of resignation provided that the University pays the employee up to the employee's resignation date or end of contract date whichever is earlier.

2.4.3 RETIREMENT

2.4.3.1 Ranked faculty members who intend to retire should notify the University at the beginning of their last year in order to give the University sufficient time to seek a replacement. Any faculty member who retires from the University is deemed to have separated in good standing.

2.4.3.2 Ranked faculty are eligible for Voluntary Load Reduction as a method of retirement.

2.4.4 NON-RENEWAL OF CONTRACT (See section 3.4, 7.2.2).

Non-renewal of a ranked faculty member contract occurs when the ranked faculty member is offered a terminal contract.

A ranked faculty member shall receive written notice of a terminal contract by the Academic Dean on or before June 1st of the current contract year.

2.4.5 DISMISSAL FOR CAUSE

2.4.5.1 Dismissal for Cause is the termination of employment when the faculty member's performance, behavior, or conduct is unacceptable or when the faculty member violates University policies, mission, or educational goals.

2.4.5.2 Dismissal for cause includes but is not limited to:

1. Professional incompetence that seriously interferes with performance and endangers the teaching environment.
2. Continued neglect of academic duties after oral and written warnings.
3. Serious personal misconduct.
4. Deliberate and serious violation of the rights and freedom of fellow faculty members, staff, or students;
5. Conviction of a crime directly related to the faculty member's fitness to practice his or her profession or to teach at the University.
6. Falsification of credentials and experience.
7. Serious failure to follow the canons and professional ethics of the faculty's discipline.
8. Failure to follow the policies of the University after written warnings

2.4.5.3 Dismissal for Cause Procedure.

1. The Academic Dean, after consultation with the Faculty Review Committee, will serve written notice to the faculty member of dismissal for cause. The notice shall contain the reasons for such dismissal and state the effective date of the dismissal.
2. Depending on the seriousness of the violation or on the immediate danger to the University, students, faculty, or staff, the dismissal may be immediate.
3. The faculty member will have three working days after receipt of the written notice of dismissal for cause to request in writing to meet with the Academic Dean and the Faculty Review Committee to present a defense.
4. If the Academic Dean and Faculty Review Committee conclude after hearing in which defense is presented that the dismissal should go forward, the affected faculty member may, within seven days of the dismissal notice, appeal to the President.
5. The President may dismiss the faculty member, discipline the faculty member short of dismissal, or exonerate the faculty member.
6. A ranked faculty member who is dismissed will receive no less than two weeks salary from the date of written notice of dismissal.
7. The President will report any dismissal or disciplinary action short of dismissal of a faculty member to the Academic Affairs Committee of the Board of Trustees.

2.4.5.4 Actions Short of Dismissal. The Academic Dean, in consultation with the Faculty Review Committee may take action short of dismissal. If such action is suspension, the suspension may not exceed one full year, but may entail the total or partial discontinuance of all salaries and benefits, the suspension of all promotion and salary increments, and the temporary suspension or withdrawal of all faculty privileges.

2.4.6 LAYOFF

2.4.6.1 Layoff is the termination of employment when the University eliminates a position(s), program(s), or department(s) for budgetary or enrollment reasons. A layoff is not due to a faculty member's performance, behavior, or conduct.

2.4.6.2 Prior to any recommendation of a faculty layoff to the Board of Trustees, the President will consult with the Academic Dean and the Coordinating Council concerning the reasons and the administration's plan for the layoff. The administration in developing its plan must consider various options including, but not limited to, voluntary salary reductions, load reductions, placement elsewhere in the University, and early retirement.

2.4.6.3 Order of Layoff
If the purposes of the layoff can be accomplished, faculty will be laid off beginning with those holding term contracts, special appointment faculty, and visiting faculty, followed by regular appointment faculty starting with the lowest rank and lowest earned degree.

2.4.6.4 The President will recommend to the Board of Trustees a plan for faculty layoff.

2.4.6.5 No layoff of faculty will occur without approval of the Board of Trustees.

2.4.7 REHIRE
In Case of faculty layoff:

2.4.7.1 The University will not fill any ranked position in the academic discipline within a period of two years, without first giving the laid off faculty member two weeks to accept or decline the re-activated position.

2.4.7.2 A laid off faculty member is responsible for keeping the Academic Dean's Office informed of a current address. The offer of a re-activated position shall expire three weeks after written notification to the current address on record.