{"id":1150,"date":"2014-05-15T16:03:10","date_gmt":"2014-05-15T21:03:10","guid":{"rendered":"https:\/\/www.nicholls.edu\/policy-procedure-manual\/?page_id=1150"},"modified":"2024-07-17T21:26:13","modified_gmt":"2024-07-17T21:26:13","slug":"2-14-5-reduction-in-force-terminations","status":"publish","type":"page","link":"https:\/\/www.nicholls.edu\/policy-procedure-manual\/2-faculty-personnel-policies\/2-14-separation\/2-14-5-reduction-in-force-terminations\/","title":{"rendered":"2.14.5. Reduction in Force Terminations"},"content":{"rendered":"
<\/a> 2.14.5.2 Priorities<\/a><\/p>\n 2.14.5.3 Criteria<\/a><\/p>\n 2.14.5.4 Plan for Termination for Reduction in Force for Financial Exigency<\/a><\/p>\n 2.14.5.5 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the University<\/a><\/p>\n 2.14.5.6 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the Board of Supervisors<\/a><\/p>\n 2.14.5.7 Timelines for Notifications for Reduction in Force<\/a><\/p>\n 2.14.5.8 Board of Supervisors Review<\/a><\/p>\n 2.14.5.9 Re\u2013employment Provisions<\/a><\/p>\n 2.14.5.10 Faculty Reassignment and Other Assistance<\/a><\/p>\n Chapter III, Section XVII of the Board of Supervisors Rules gives general definitions and guidelines for a condition known as financial exigency, a situation that may indicate a need for staff reduction. According to the Rules, financial exigency exists at the institution level and shall be verified by the System staff after the institution has declared a state of emergency. The following is the Board policy on financial exigency:<\/p>\n \u201cAnything in the Rules of the Board of Supervisors for the University of Louisiana System to the contrary notwithstanding, if the Board determines that a condition of financial exigency exists at an institution, program or budget unit within an institution, or in the University of Louisiana System generally, then the furlough, layoff, and\/or termination of tenured faculty, non\u2013tenured faculty, or other contract employees before the end of their contract term will be handled in accordance with the financial exigency policy set forth below.<\/p>\n \u201c1. Definition of Financial Exigency. A condition of financial exigency shall exist whenever the financial resources of an institution are not sufficient to support the existing programs and personnel of the institution without substantial impairment of the ability of the institution to maintain the quality of its programs and services. Financial exigency may result from a substantial reduction in financial resources or from the failure to receive increases in financial resources sufficient to maintain the appropriate level of service. Evidence of financial exigency may include, among other factors, reduction of state appropriations, faculty and staff salary levels substantially below national and regional averages, significant loss of personnel, or inability to attract new personnel apparently due to inadequate salary and other support, and substantial threat of deterioration of facilities due to lack of resources for maintenance.<\/p>\n \u201c2. Board of Supervisors for the University of Louisiana System Action. The Board, in the exercise of fiscal responsibility, may decide to declare financial exigency with respect to the System as a whole or to one or more institutions of the System, or to one or more programs and\/or budget units within institutions. Reasonable efforts shall be made to ensure that students affected will be allowed to complete their programs, within the limits of budgetary restraints, at the institution or by transfer to another institution.<\/p>\n \u201c3. Implementation of Declaration of Financial Exigency. Upon a declaration of financial exigency by the Board, the president of each institution, after consultation with representative faculty and staff, and approval by the System President, shall determine whether furloughs, layoffs, and\/or terminations are required and which employees will be affected. This determination shall be made in accordance with procedures established by the System President, and approved by the Board, which will give primary consideration to the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the institution. The procedure should also give priority to tenured faculty over non\u2013tenured faculty in retention.<\/p>\n \u201cFaculty and other employees under contract who are furloughed, laid off, and\/or terminated before the end of their contract terms for reasons of financial exigency shall, whenever possible, be notified at least 90 days in advance of the date of the furlough, layoff, and\/or termination. Notice shall be in writing and shall be delivered personally or by certified mail, with return receipt requested. Notice shall be complete upon delivery or mailing and shall include:<\/p>\n \u201cThe term \u201cfurlough\u201c, as used in this policy, is defined as temporary leave without pay for any employee, including tenured faculty members, non\u2013tenured faculty, or other contracted employees, before the end of their contract term. The term layoff, as used in this policy, is defined as the temporary dismissal of any employee, including tenured faculty members, non\u2013tenured faculty, or other contracted employees, before the end of their contract term. Layoffs may lead to eventual termination. Layoffs and\/or terminations may occur within a program or budget unit or other unit of an institution without a net loss of faculty members or other personnel at the institution. Specifically, layoffs and\/or terminations in some programs or budget units may occur with simultaneous authorization of new positions for different duties in other units, depending upon the needs of such units.<\/p>\n \u201c4. Approval Required. Anything in the regulations of the Board notwithstanding, if the Board declares financial exigency, either at an institution, program or budget unit, or in the System, as provided in (3) above, program modifications or discontinuances recommended by the institution and approved by the System President must be approved by the Board. With respect to the implementation of such program and\/or budget unit modifications or discontinuances upon a declaration of financial exigency, decisions with respect to furlough, layoff, and\/or termination of any tenured faculty, non\u2013tenured faculty, or other contract employee before the end of their contract term must be approved by the institution president and the System President, and the decisions are final upon approval of the System President. Review of such decisions by the Board is at its sole discretion.<\/p>\n \u201c5. Termination of Financial Exigency. Financial exigency shall terminate either at the end of the fiscal year, or after one calendar year, depending upon the financial state of the institution, program or budget unit at the end of the fiscal year.<\/p>\n \u201c6. Published Policy. The institution shall make provisions to publish a reference to and summary of this Rule in their faculty handbook.<\/p>\n \u201c7. Emergency procedure. The System President may allow the institution to implement emergency procedures to be reviewed at the next full Board meeting.<\/p>\n “8. Furloughs outside of Financial Exigency. In addition to furloughs implemented under a declaration of financial exigency, the Board may initiate separate measures which authorize the campuses to take specific employee actions, including furloughs, in the event of severe budgetary constraints. Such actions may only take place with the recommendation of the System President and approval of the Board. (See PPM, Employee Furloughs)\u201d<\/p>\n <\/a><\/p>\n Back to Top<\/a><\/p>\n <\/p>\n In the event of a bona fide financial exigency or the formal discontinuance of a degree or program area, the retention of viable academic programs and the protection of tenure are of primary importance. Therefore, when reasonable means for coping with bona fide financial exigency or formal discontinuance of degree or program areas have been exhausted with the exception of reduction in force of faculty members, terminations of faculty appointments shall be made by the President, based on recommendations of the Provost and Vice President for Academic Affairs and Faculty Senate and in accordance with the following priorities:<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n \u201cContinuous service\u201d as used in the following shall include time spent on sabbatical leave, official leave without pay, sick leave, and annual leave. Resignations for any period of time shall constitute a break in continuous service.<\/p>\n In making decisions on reductions in force, the following criteria shall be considered:<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n The plan for terminations due to reduction in force for Financial Exigency is as follows:<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n The plan for termination for Reduction in Force for formal discontinuance of a degree or program areas initiated by the University is as follows:<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n The Plan for termination for Reduction in Force for formal discontinuance of degree or program areas initiated by the Board of Supervisors or the Board of Regents is as follows:<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n Notification of termination for reduction in force must be sent to faculty by registered mail and must specify the reasons for, evidence supporting, the effective date of termination and faculty members\u2019 right to a review hearing.<\/p>\n Notice of termination for reduction in force due to financial exigency may be given at any time and may take effect before expiration of academic or fiscal year contracts, provided that a minimum of sixty (60) calendar days expires between the date of notification and the effective date of termination unless otherwise directed by the Board of Regents or the Board of Supervisors.<\/p>\n Notice of termination for reduction in force due to formal discontinuance of degree or program areas must be given not later than one (1) calendar year in advance of its effective date unless otherwise directed by the Board of Regents or the Board of Supervisors.<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n Affected persons may petition the Board within 30 days for a review after all due process has been exhausted at the institutional level. Review of termination for reduction in force is possible for tenure contract faculty on the grounds of illegal discriminatory practices, violations of academic freedom, or an injury resulting from arbitrary or capricious application of the provisions of Chapter 2 of this Manual. Review is also available on these grounds for probationary and term contract faculty terminated before the end of the contract period.<\/p>\n Requests for review of termination for reduction in force must be made directly to the Board of Supervisors.<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n If tenure contract faculty are terminated for reduction in force, they shall receive notice at the address on file in the Department of Human Resources of all faculty vacancies advertised within a three\u2013year (3) period of the effective date of termination. It is the duty of the terminated faculty to maintain a current address in the Department of Human Resources. If terminated tenure contract faculty seek re\u2013employment and believe they are qualified for the vacancy, they shall have the right to request re\u2013employment from the President.<\/p>\n If, in the judgment of the President, who must consult with the Provost and Vice President for Academic Affairs and the appropriate Dean and Department Head, faculty who seek re\u2013employment meet or exceed qualifications for the vacancy as stated in the position announcement, they shall be reemployed in the announced position at the salary and rank in accord with the announced position.<\/p>\n Back to Top<\/a><\/p>\n <\/a><\/p>\n In the event of scheduled terminations of tenure contract faculty, the University shall, to the extent of available resources, in the period between notification and the effective date, assist faculty members to prepare for assignment to other degree or program areas where vacancies exist or are anticipated.<\/p>\n Assistance may include, but need not be limited to, awarding of a development or enhancement leave or participation in other faculty development programs; provision of outplacement seminars dealing with employment search strategies, career changes, and the like; use of University resources, as approved by the Provost and Vice President for Academic Affairs, in the employment search; and other appropriate services offered through the Office of Academic Affairs for a period of six months from the effective date of termination.<\/p>\n Back to Top<\/a><\/p>\n <\/p>\n <\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" 2.14.5.1 Other Definitions 2.14.5.2 Priorities 2.14.5.3 Criteria 2.14.5.4 Plan for Termination for Reduction in Force for Financial Exigency 2.14.5.5 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the University 2.14.5.6 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program […]<\/p>\n","protected":false},"author":6,"featured_media":0,"parent":1115,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-1150","page","type-page","status-publish","hentry"],"yoast_head":"\n
\n2.14.5.1 Other Definitions<\/a><\/p>\n\n
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2.14.5.1 Other Definitions<\/h4>\n
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2.14.5.2 Priorities<\/h4>\n
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2.14.5.3 Criteria<\/h4>\n
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2.14.5.4 Plan for Termination for Reduction in Force for Financial Exigency<\/h4>\n
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2.14.5.5 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the University<\/h4>\n
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2.14.5.6 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the Board of Supervisors<\/h4>\n
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2.14.5.7 Timelines for Notifications for Reduction in Force<\/h4>\n
2.14.5.8 Board of Supervisors Review<\/h4>\n
2.14.5.9 Re\u2013employment Provisions<\/h4>\n
2.14.5.10 Faculty Reassignment and Other Assistance<\/h4>\n
Changes to Section of Manual<\/h5>\n
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\n Effective Date<\/th>\n Origin<\/th>\n Change Form<\/th>\n<\/tr>\n \n N\/A<\/td>\n <\/td>\n <\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n