In the event that financial exigency requires a reduction in academic programs or faculty positions or both, The University of Texas Health Science Center at Houston (UTHSC-H) will develop a plan that permits the institution to maintain a high caliber academic program within its financial capabilities and with minimal reduction of faculty. This plan will be developed in accordance with procedures specified in the Rules and Regulations of the Board of Regents of The University of Texas System, Series 31003, Abandonment of Academic Positions or Programs.
On determining the existence of a financial exigency and the need to reduce academic positions or academic programs, or both, the UTHSC-H president will appoint a committee composed of faculty and administrative personnel to make recommendations to the president as to which academic positions and/or academic programs should be eliminated as a result of the financial exigency. The review will include, but not be limited to, an examination of the course offerings, degree programs, supporting degree programs, teaching specialties, and semester credit hour production.
If the committee determines that one or more academic positions in a degree program or teaching specialty should be eliminated, the committee will recommend the particular position or positions to be terminated by reviewing the academic qualifications and talents of holders of all academic positions in those degree programs or teaching specialties, the needs of the program they serve, past academic performance, and the potential for future contributions to the development of the UTHSC-H. Tenure status of a faculty member shall not be a consideration in the determination of whether a particular position should be eliminated.
However, if in the opinion of the committee, two or more faculty members are equally qualified and capable of performing a particular teaching role, the faculty member or members having tenure shall be given preference over nontenured faculty. If such faculty have the same tenure status, consideration will be given to the need of the UTHSC-H for capabilities for teaching in multiple disciplines, and the faculty member or members qualified by training and experience to teach in more than one discipline or area of specialization will be given preference over a faculty member or members qualified to teach in only one discipline or area of specialization. In other instances, length of service as a member of the faculty at the institution will be the determining factor.
When the committee has completed its review, it will promptly recommend to the president those persons who may be terminated, ranked in order of priority, with the reasons for their selection. The president, after consultation with institutional administrative officers as he or she may deem appropriate, will determine which academic positions are to be terminated because of the financial exigency, and will give the holders of these positions written notice of the decision.
Any person terminated due to financial exigency will be notified when a vacancy occurs in the UTHSC-H in his or her field of teaching within the next two academic years following the termination. If such person makes timely application and is qualified for the position to be filled, he or she shall be offered employment in that position. If the vacancy is in a field of teaching in which two or more persons were terminated because of financial exigency, all will be notified of the vacancy and of those so notified and making timely application, employment will be offered to the person who is the better qualified for the position to be filled.
The UTHSC-H president will appoint a hearing committee to hear any appeals for reconsideration of termination decisions based on financial exigency. Within 30 days from the date of the notice of termination, a person will have the right to appeal to the hearing committee for reconsideration of the termination decision. The appeal for reconsideration must be in writing and addressed to the president. A person to be terminated who appeals to the hearing committee will be given a written statement of the basis for the initial decision to reduce academic positions and, on request, will be given any written data or information relied on in arriving at the decision to terminate.
The hearing committee will set the date, time, and place for hearing the appeal for reconsideration. The hearing will be held within 30 days of the date of the written request unless the person to be terminated waives this time requirement; however, the hearing will be held within 90 days from the date of the request.
The hearing committee will conduct the hearing in accordance with the following conditions and procedures:
The hearing committee will make written findings of fact and recommendations to the president as soon as practical following the hearing. The president will have the final decision to either accept or reject the recommendation of the hearing committee.
This policy and its procedures more specifically refer to UTHSC-H faculty members. Classified employees who are affected by institutional decisions made as a result of financial exigency should consult 5.15 Reductions in Force; administrative and professional (A&P) employees who are affected by such decisions should consult 3.12 Separation Due to Permanent Closure.
Updated 10/00; 08/07