CHAPTER THREE: 3900
EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF
December 2007
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 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]
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
C-3, must
be notified (RGP IIG5):
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) [new
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) [new
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 may not be deemed to renew the appointment for another full
term, but the existing term will be extended for the length of time necessary to
provide the employee the required 60 days' notice. [ed. 7-97]
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 C-3) 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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