The President has the responsibility for determining when to eliminate occupied academic positions or abandon academic programs or both, subject to approval by the Executive Vice Chancellor for Health Affairs. The decision of the President and the implementation of that decision shall be subject to the following minimum procedural requirements.
When such reductions are necessary as a result of financial exigency, the procedure for the selection and notification of those academic positions that are to be terminated shall be governed by this policy, and neither the procedures specified in HOOP Policy 4.08 Termination for Good Cause, nor the notice requirements of HOOP Policies 4.06 Tenure or 4.09 Reappointment and Nonreappointment shall be applicable.
For questions regarding this policy, contact the Office of the President.
This policy applies to academic programs and positions. Classified employees who are affected by academic program closure due to academic reasons should consult HOOP Policy 5.15 Reductions in Force. Administrative and professional employees who are affected by academic program closure for academic reasons should consult HOOP Policy 3.12 Separation Due to Permanent Closure.
Academic Program: A formal, published course of study that, when successfully completed by a properly enrolled student, culminates in the award of a degree or certificate. This definition does not apply to residency training programs.
Bona fide: Made or done in good faith, without deception or fraud. Some examples of bona fide academic reasons would include but are not limited to:
I. Review by Committee
On determining the existence of bona fide academic reasons that support considering an academic program for closure or the elimination of occupied academic positions; or on determining the existence of a financial exigency and the need to reduce academic positions or academic programs, or both, the President will appoint an ad hoc committee composed of faculty and administrative personnel to review the situation in depth and make recommendations to the President. One or more members of the ad hoc committee should represent the affected program.
A. Elimination for Academic Reasons
The review by the ad hoc committee will include, but not be limited to, an examination of the course offerings, degree programs, supporting degree programs, teaching specialties and semester hour production. The ad hoc committee should have access to all pertinent information including, but not limited to:
The ad hoc committee should also allow and encourage other appropriate members of the university community to provide further information and opinions both orally or in writing. All faculty in a program or in an academic position under consideration for closure will be notified and given an opportunity to contribute to the review process and have their contributions considered.
Upon completion of the review process, the ad hoc committee will make recommendations to the President regarding whether any academic program(s) should be closed or occupied academic positions, eliminated including the rationale for such recommendations.
B. Elimination Due to Financial Exigency
The committee will review and assess the academic programs of the university and identify those academic positions and academic programs that may be eliminated with minimum effect upon the degree programs that should be continued. 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 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 qualifications 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 university. Tenure status of a faculty member shall not be a consideration in the determination of whether a particular position should be eliminated except as stated below.
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 non-tenured faculty. If such faculty have the same tenure status, consideration will be given to the need of the university 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 cases where neither faculty member is tenured, length of service as a member of the faculty at the university may be the determining factor.
When the committee has completed its review, it will 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.
II. Review by Executive Vice Chancellor of Elimination for Bona Fide Academic Reasons
If the President determines an academic program should be abandoned for bona fide academic reasons, a request for approval with supporting documentation will be forwarded to The University of Texas System Executive Vice Chancellor for Health Affairs. The affected faculty will be informed in writing of the final decision.
III. Appeal Procedures
The President shall appoint a hearing committee to consider any appeals for reconsideration of termination decisions. Within 30 days from the date of notice of termination, a faculty member shall have the right to appeal to the hearing committee for reconsideration of the termination decision. The appeal for reconsideration shall be in writing and addressed to the President. A faculty member to be terminated who appeals to the hearing committee shall be given a written statement of the basis for the initial decision to reduce academic positions or to terminate and, upon request of the faculty member, shall be given any written data or information relied upon in arriving at such decision. The hearing committee shall 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.
IV. Requests for Reassignment of Tenured Faculty due to Elimination for Bona Fide Academic Reasons
If an academic program is to be closed or academic position(s) are to be eliminated, tenured faculty in the program or academic position(s) will be notified and asked to inform the President or designee in writing of the faculty member's request for reassignment to other academic program(s) and to provide details of the faculty member's qualifications to teach in such academic program(s).
The President or designee will offer the opportunity to meet individually with tenured faculty who respond to discuss possible employment alternatives to termination. If the decision is made not to retain, the President or designee will send a written response to the individual stating the reasons for non-retention. If retention of a tenured faculty member results in displacement of a tenured faculty member in another area, the displaced faculty member is entitled to make a written request for reassignment to other academic programs and to meet individually with the President or designee to discuss employment alternatives as previously explained.
V. Closing Date due to Elimination for Bona Fide Academic Reasons
The date for closing or phasing out an academic program will take into consideration the time required for anticipated completion by students currently enrolled or for facilitation of their placement in acceptable alternative programs.
VI. Notification of Nontenured, Tenure-Track Faculty and Nontenure-Track Faculty due to Elimination for Bona Fide Academic Reasons
Nontenured, tenure-track and nontenure-track faculty affected by the decision will be notified of the date for termination of their employment in accordance with HOOP Policy 4.09 Appointment and Non-Reappointment.
VII. Benefit Information and Employment Assistance due to Elimination for Bona Fide Academic Reasons
A faculty member whose employment is terminated will be informed of applicable benefits available on termination. Affected faculty members will also be offered assistance regarding available alternative employment opportunities.
VIII. Notification of Vacancies
Any faculty member terminated due to financial exigency will be notified when a vacancy occurs in the university 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.
IX. Administrative Matters
Administrators responsible for the closure of an organizational entity due to bona fide academic reasons or financial exigency should refer to the Guidelines for the Closure of an Organizational Entity for specific guidelines to be followed in the closure process and a checklist of steps to be taken.
Updated 4/03, 08/07, 08/08