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5.5 UNIVERSITY OF HOUSTON SYSTEM FACULTY DISMISSAL POLICY

Approved 1984

1.0 Purpose

Each university of the University of Houston System, through faculty governance processes of the particular university shall develop policies and procedures pertaining to dismissal of faculty members. Such policies must be consistent with those specified herein and must be approved by the Chancellor of the University of Houston System.

2.0 Policy

Dismissal recommendations are initiated by the presidents of the component universities. The final decision concerning the dismissal of a faculty member is made by the Chancellor of the University of Houston System upon concurrence by the Board of Regents.

Campus policies and procedures for faculty dismissals must ensure that:

2.1 The rights of due process are protected.

2.2 Dismissal shall not infringe the constitutionally protected rights of an individual and shall not be used to restrain faculty members in their exercise of academic freedom.5.3. Dismissal procedures provide for timely written notice of impending dismissal, which specifies the grounds under which dismissal is sought.

2.3 The burden of proof in dismissal proceedings rests with the institution.

3.0 Definition

Dismissal is the termination of employment of a tenured faculty member, or of a probationary or special faculty member prior to the end of the term of appointment. Dismissal may be justified by one or more of the following:

3.1 Adequate Cause

3.1.1 Grounds related to demonstrated professional incompetence, or to dishonesty in teaching or research

3.1.2 Grounds related to substantial and manifest neglect of professional or academic responsibilities

3.1.3 Grounds related to actions that would result in a general condemnation of the faculty member by the American academic community

3.2 Financial Exigency

Termination of employment is justified by demonstrated and bona fide imminent financial crisis that threatens the continuation of the academic programs in their present form and that cannot be alleviated by other means. Each university will develop procedural standards to determine whether a state of financial exigency exists. Standards so developed will include provisions for faculty involvement in the determination and for a minimum 12-month notice of termination of appointment to tenured faculty. Non-tenured faculty will be given notice consistent with university nonreappointment guidelines.

3.3 Medical Reasons

Termination is justified by clear and convincing medical evidence that the faculty member cannot fulfill professional and academic obligations, or the terms and conditions of appointment.

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