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Faculty

CHAPTER THREE: 3900

EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF

January 2010


3900

NON-REAPPOINTMENT AT END OF CONTRACT OF NON-TENURED FACULTY AND EXEMPT STAFF

PREAMBLE: This section outlines the procedures, including appeal procedures, used when the university does not reappoint a non-tenured faculty member or an exempt employee at the end of his or her contract. It was a part of the 1979 Handbook, but was extensively revised in 2002 and 2010 to conform with Regent policy changes. Further information may be obtained from the Provost's Office (208-885-6448) or the Faculty Secretary's Office (208-885-6151). [rev. 7-02, ed. 12-07, 1-10]

CONTENTS:

A. General

B. Notice of Non-Renewal of Term Appointment

C. Elimination of Positions--Not Under Financial Exigency

D. Reduction in Force Under Financial Exigency

E. Review of Non-Renewal Decision

F. Appeal or Grievance Procedures

A.  GENERAL.  A non-tenured faculty member or other exempt employee with a term appointment must be advised at the time of his or her appointment of the criteria and procedures that are followed in decisions affecting reappointment.

B.  NOTICE OF NON-RENEWAL OF TERM APPOINTMENT.  Except as provided in D, the president's decision that a term appointment not be renewed must be communicated in writing to the employee concerned in accordance with the following standards [rev. 7-02]:

B-1.  With the exception of the nontenured faculty members covered in B-2 and the categories described in a and b of 3080 D-2, the employee must be notified at least 60 days before the end of the existing period of employment.  [ed. 7-98]

B-2.  A nontenured faculty member, as "faculty" is defined in 3520 B-4, must be notified (RGP IIG5): [ed. 1-10]

a.  Not later than March 1 of the first full academic year of service if the appointment is not to be renewed at the end of the academic year or, if a one-year appointment terminates during an academic year and is not to be renewed, at least three months in advance of its termination.

b.  Not later than December 15 of the second full academic year of service if the appointment is not to be renewed at the end of that year or, if the appointment terminates during an academic year and is not to be renewed, at least six months in advance of its termination.

c.  Not later than July 15 preceding the academic year at the end of which the appointment is to be terminated; or if the appointment terminates during an academic year and is not to be renewed, at least twelve months in advance of its termination. (RGP IIG) [rev. 7-02]

d. Failure to provide timely notice of nonrenewal because of mechanical, clerical, or mailing error does not extend or renew the letter of contract of employment for another term, but the existing term of employment will be extended to provide the employee with a timely notice of nonrenewal. (RGP IIG) [add. 7-02]

e. Nontenured faculty members who are notified that they will not be reappointed or that the succeeding academic year will be the terminal year of appointment are not entitled to a statement of reasons upon which the decision for such action is based.  No hearing to review such a decision will be held. (RGP IIG) [add. 7-02]

B-3.  Failure to give timely notice to an exempt employee not covered in B-2 or in a or b of 3080 D-2 because of mechanical, clerical, mailing, or similar errors is not deemed to renew the appointment for another full term, but the existing term must be extended for the number of days necessary to allow sixty (60) calendar days notice to the employee. (RGP IIF[ed. 7-97, rev. 1-10]

B-4.  Reasons for nonrenewal of a fixed term appointment need not be stated.  If reasons are given to the employee the furnishing of reasons does not convert nonrenewal to dismissal for cause and does not shift any burden of proof to UI.  Except as provided below, nonrenewal is not grievable within UI and is not appealable to the board [but see E and F]. [rev. 7-02]

C.  ELIMINATION OF EXEMPT POSITIONS--NOT UNDER FINANCIAL EXIGENCY. Circumstances may require the elimination of some positions even though the board has not directed a reduction in force resulting from a declaration of financial exigency [see 3970].  The departmental administrator, dean, or equivalent administrator makes the determination as to which exempt positions (those not defined as "faculty" in 3520 B-4) are to be eliminated.  This determination is based on considerations of budgetary restrictions, priorities for maintenance of programs and services, employees' fields of specialization, and their work performance. [rev. 7-02, ed. 12-07]

C-1.  When an exempt position is eliminated the employee occupying the position may be notified of a nonrenewal of the term appointment, with notice being given as specified in B. [rev. 7-02, ed. 12-07]

D.  REDUCTION IN FORCE UNDER FINANCIAL EXIGENCY.  Notice of nonreappointment is not required when the board has authorized a reduction in force resulting from a declaration of financial exigency and an exempt employee with a term appointment is to be laid off before the end of the contract term.  In that event, notice of layoff shall be given as provided under the rules for reduction in force [see 3970].

E.  REVIEW OF NONRENEWAL DECISION.  Nonreappointment of an non-tenured faculty member or an exempt employee at the end of his or her term of appointment is not subject to investigation or review, except as provided in F, and with the further exception that the employee may request an investigation and review to establish that written notice was or was not received in accordance with the provisions of B.  In such cases, the investigation and review will be concerned only with the manner and date of notification of nonreappointment and will not consider grounds for nonreappointment.  The employee must address a written request to the president for an investigation or review within fifteen days of receipt of the written notice of nonrenewal. [rev. 7-02, ed. 12-07]

F.  APPEAL OR GRIEVANCE PROCEDURES.  A non-tenured faculty member or exempt employee may have recourse to the internal grievance procedures used to allege discrimination prohibited by applicable law under the following circumstances and conditions:  (1) the employee alleges that an institutional decision not to recommend renewal of his or her appointment was the result of discrimination prohibited by applicable law, (2) the allegation is submitted in writing to the president within 20 days after the employee receives notice of nonrenewal, and (3) the allegation is made with particularity and supported by such documentary evidence and statements of witnesses as may be reasonably available to the employee under the circumstances.  The ultimate burden of proof rests with the employee and UI is required to offer evidence of the reasons for nonrenewal only if the employee has made a prima facie showing that the recommendation was made for reasons prohibited by applicable law. [rev. 7-02, ed. 12-07]

F-1.  The normal internal grievance procedures used to allege discrimination prohibited by applicable law will be followed unless changed by mutual agreement of the parties. [rev. 7-02]

F-2.  Unless mutually agreed by the parties, recourse to the grievance procedures will not delay the board's consideration of the recommendation of nonrenewal, nor will it delay the effective date of nonrenewal. (RGP IIF5b and RGP IIG5b) [ed. 7-02]

F-3.  UI's decision at the conclusion of the grievance procedure is final.  Nonetheless, the employee may elect to petition the board to review UI's action.  Such petition must be filed at the Office of the State Board of Education within 15 days after the employee receives notice of UI's final decision.  The board may grant the petition for review, or it may not, and the board may set out whatever procedure and conditions for review it deems appropriate.  The fact that a petition for review is filed does not stay the effectiveness of UI's final decision, nor does the board's grant of the petition, unless specifically provided by the board.  An employee need not petition the board for review in order to exhaust administrative remedies for purposes of judicial review. (RGP IIF5c and RGP IIG5b) [ed. 7-02]

F-4.  If a decision of the university is changed by the board and the appointment is renewed for another term, the employee may thereafter use the internal grievance procedure to seek to expunge the unfavorable decision from UI's personnel records.  However, under no circumstances will the board's record of the recommendation and its rejection of that decision be expunged. [rev. 7-02]

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University of Idaho, Moscow, ID, 83844