Termination of Service Policy

Purpose

The purpose of this policy is to define procedures for termination of service at the University. Termination of service procedures may vary depending upon category of employment. 

Resignation

Faculty: Letters of resignation for faculty should be submitted to department heads early in the academic year to provide sufficient time to plan the needs of the department. 

Non-Faculty Staff: Letters of resignation for employees in classified or unclassified staff positions should be submitted to the supervisor in advance, with a minimum two-week notice preferred.

Employment Checkout Procedures: Information concerning properly exiting from the University is located in the MyMcNeese Portal on the (HR) Exit Checkout Procedures card.

Termination of Faculty

Reference: University of Louisiana (UL) System Board Rules Part Two, Chapter III, Section XV

See also: Faculty Compensation Policy

Non-Renewal of Non-Tenured Faculty

A faculty appointment carries no assurance of reappointment, promotion, or tenure. Reappointments are made solely at the discretion of the institution with the approval of the UL System Board of Supervisors. The non-reappointment of a faculty member does not necessarily reflect on the faculty member’s work record or behavior. The determination by the University to reappoint, or not to reappoint, should be based upon a review of specific conditions relating to the position and academic program.

Non-reappointment of tenure-track personnel generally originates at the departmental level with recommendations passing successively to the dean, the provost and vice president for academic affairs, and the president. The department head is responsible for notifying the dean concerning non-renewal of a faculty member. The dean is responsible for sending their recommendation to the provost and vice president for academic affairs prior to the date on which the department head is to notify a faculty member of their non-reappointment. The provost and vice president for academic affairs must be notified prior to the department head notifying the faculty member. The department head provides written notice of the decision not to reappoint to tenure-track faculty members according to the schedule mandated by the UL System.

Unless an appointment is of a temporary nature or for a fixed term, such as visiting lecturer or special rank appointments, notice that an appointment is not to be renewed shall be given to the tenure-track faculty member in advance of the expiration of the appointment as follows:

1. If the appointment will not be renewed following the first year: Not later than March 1 of the first academic year of service if the appointment expires at the end of that academic year, or if a one-year appointment terminates during an academic year, at least three months in advance of its termination. In the specific case of program discontinuance, the notice requirement shall be at least three months in advance of termination.
2. If the appointment will not be renewed following the second year: Not later than December 15 of the second academic year of service if the appointment expires at the end of that academic year, or at least six months in advance of termination for appointments that do not expire at the end of the academic year. In the specific case of program discontinuance, the notice requirement shall be at least three months in advance of termination.
3. If the appointment will not be renewed following the third year: At least 12 months before the expiration of an appointment after two or more academic years of service at the institution. In the specific case of program discontinuance, the notice requirement shall be at least three months in advance of termination.
4. Instructors, visiting faculty, clinical faculty, and other special rank appointees on fixed term appointments (specifying beginning and ending dates) are employed on term contracts and are not covered by 1, 2, and 3 above. Non-renewal of these appointments does not require advance notice. In the specific case of program discontinuance, an instructor or other non-tenure track faculty may be terminated upon one-month notice.

Notwithstanding section 4 above, advance notice to an instructor or non-tenure-track faculty member that the appointment will not be renewed or will be altered shall not be required when there is cause for the termination due to reasons other than program discontinuance. Cause for discharge, termination or alteration of contract, or demotion in rank of instructors and non-tenure-track faculty shall consist of conduct seriously prejudicial to the University or UL System, such as infraction of law or commonly accepted standards of morality; failure to follow proper orders; violation of institutional, federal, state, or UL System rules and regulations; neglect of duty; incompetence or other conditions such as unsatisfactory performance that impair discharge of duties and the efficiency of the University. The foregoing enumeration of causes shall not be deemed exclusive. However, action to discharge, terminate, or demote shall not be arbitrary or capricious, nor shall it infringe upon academic freedom.

Tenured Academic Staff

Tenured faculty may be terminated for cause. Cause for discharge, termination of an appointment, or demotion in faculty rank shall consist of conduct seriously prejudicial to the University or UL System, such as infraction of law or commonly accepted standards of morality; failure to follow proper orders; violation of institutional, federal, state, or UL System rules and regulations; neglect of duty; incompetence or other conditions such as unsatisfactory performance that impair discharge of duties and the efficiency of the University. Financial exigency also constitutes cause as does program discontinuance.

The foregoing enumeration of causes shall not be deemed exclusive. However, action to discharge, terminate, or demote shall not be arbitrary or capricious, nor shall it infringe upon academic freedom. Faculty receiving unsatisfactory performance ratings in the annual performance review for two consecutive years or three in five years are subject to termination.

• Professional Ethics: As described in the American Association of University Professors Statement on Professional Ethics, faculty should conduct themselves in such a manner as to hold before their students and colleagues the best scholarly and ethical standards of their discipline. Faculty should demonstrate respect for students as individuals, foster honest academic conduct, and ensure their evaluations of students reflect each student’s performance.
• Collegial Behavior: An atmosphere of collegiality is an essential element in an academic environment. Accordingly, actions by faculty that serve to diminish significantly the atmosphere of collegiality may impair their own or others’ ability to function in a community of scholars. Faculty members should not discriminate against or harass faculty colleagues or other employees of the University. Faculty should show due respect for the opinions of others and should strive to be objective in their professional judgment of colleagues and others. When speaking or acting as private citizens, faculty should avoid creating the impression of speaking or acting for their department, college, or University.
• Moral Behavior: Although the institution does not seek to impose specific standards of morality on its faculty, behavior or conduct constituting moral turpitude may be sufficient cause for termination or other sanction if it places the University, its employees, or students in peril, or if it serves to prevent or impair a faculty member’s ability to fulfill the normal obligations of employment.
• Incompetence, Insubordination, or Neglect of Duty: Minor instances of insubordination or neglect of duty normally would be addressed through the annual performance review process. In circumstances in which a tenured faculty member is unable or unwilling to carry out the normal duties of employment, the faculty member may be subject to termination or other severe sanction.

University Faculty Review Panel

The president shall appoint an ad hoc committee of faculty members to review and hear the circumstances regarding termination or demotion in rank of a tenured faculty member. The faculty member being terminated or demoted shall be entitled to a hearing before the committee, and the charges against the faculty member shall be stated in writing and delivered to them at least five days prior to appearing before the committee. The committee chair shall forward the committee’s findings to the president who shall make the final determination. The committee’s function is to provide due process in cases of termination or demotion in rank of a tenured faculty member. 

Appeal to the University of Louisiana System Board of Supervisors

Except in cases where termination occurs pursuant to financial exigency or program discontinuance, the faculty member being terminated or demoted may petition the UL System Board of Supervisors within 30 days of being informed of the institutional decision for a review. No official action shall be taken by the institution until a final determination is made by the UL System Board of Supervisors. The purpose of the review is to determine if an appropriate process has been provided to the grievant, not to review particular circumstances or outcomes. Following this review, the grievant will be notified of the UL System Board’s decision. 

Termination for Financial Exigency

Reference: University of Louisiana (UL) System Board Rules Part Two, Chapter III, Section XVI

If the University declares a state of financial exigency, which is verified by UL System staff and the UL System Board of Supervisors concurs in this assessment, then the normal termination procedures described above will be suspended. In the event of a financial emergency, termination procedures and timetables for members of the academic community will be determined by a method to be prescribed by the president in accordance with UL System policies. The president will present this plan to the UL System Board of Supervisors for final approval prior to its implementation.

Termination of Administrative Staff

Reference: University of Louisiana (UL) System Board Rules Part Two, Chapter III, Section II

All unclassified administrative staff members shall hold their administrative positions at the pleasure or will of the UL System Board of Supervisors.

Any employee whose status changes from a 12-month to a nine-month salary basis or vice versa shall be offered a salary consistent with similar positions at the institution, at similar SREB institutions, or as approved by the UL System Board of Supervisors. This policy applies to administrative position changes only.

Communication

This policy is distributed via the University Policies webpage.