5.7 FINANCIAL EXIGENCY
Approved 1984
Termination of an appointment with tenure, or of a probationary or special appointment before the end of the specified term of that appointment, may occur under extraordinary circumstances because of bona fide financial exigency; i.e., an imminent financial crisis, which threatens the continuation of a strong academic program and which cannot be alleviated by less stringent means. The responsibility for demonstrating the existence and extent of the financial exigency will rest with the administration.
If the administration states that a financial exigency exists, the Chair of the Faculty Senate will appoint an ad hoc committee representing the faculty. This committee shall deliberate with the administration to determine if financial exigency does exist. The administration shall provide, both to the committee and to the affected faculty members, written evidence that a state of financial exigency does exist. If the institution, because of financial exigency, terminates appointments with tenure, or probationary or special appointments before the end of the specified term, it will not at the same time make new appointments except in extraordinary circumstances where a serious distortion in the academic program would otherwise result. Employment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program would otherwise result.
Before terminating an appointment because of financial exigency, the appropriate university administrator with faculty participation, will make a reasonable effort to place the faculty member concerned in another position within the University of Houston-Clear Lake for which he or she is professionally qualified.
In each case of termination of appointment because of financial exigency, probationary faculty members concerned will be given notice as prescribed under Separation. Tenured faculty members will be given notice at least 12 months prior to termination of appointment.
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