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17.1 Retrenchment is
defined in this Agreement as the termination
of Bargaining Unit Faculty Member(s) with continuing
appointments as a result of any of the following three
circumstances: (1) financial
exigency; (2) significant reduction in enrollment of a college, department, or
program continuing over four or more academic semesters (not counting summer)
and which is expected to persist; or (3) discontinuation of a college,
department or program. Financial
exigency means that severe financial problems exist which threaten the
University’s ability to maintain its operations at an acceptable level of
quality.
If
the termination of a Bargaining Unit Faculty Member based on reduced need or
financial exigency pursuant to Article 15 also involves termination of tenured
and tenure track faculty members, it shall be considered retrenchment.
17.2 Should the University
President anticipate the need for retrenchment that includes termination of tenured
or tenure trackBargaining Unit
Faculty faculty, the data and information upon which this decision
is based shall be provided to the AAUP-WSU.
17.3 The AAUP-WSU shall be
provided access and the opportunity to inspect and/or copy any information
relevant to the anticipated retrenchment within ten (10) calendar days after
the delivery of a written request to the Provost. However, the AAUP-WSU is not
entitled to any information that is confidential under any applicable law. In
addition, the AAUP-WSU is entitled to view information in its existing form
only.
17.4 Within sixty (60) calendar
days after receipt of the data and information in Section 17.3 a joint
Committee on Retrenchment, with three members appointed by the University and
three members appointed by the AAUP-WSU, shall submit its advisory
recommendations to the University President. Such recommendations may include
ways to relieve the exigency by raising additional funds, by reallocating
funds, or by cutting or eliminating specified activities.
17.4.1 In making its
recommendations, the Committee on Retrenchment shall give consideration to
long-term enrollment projections, the mission of the University as a whole, the
continued accreditation of academic units, the effect on joint programs with
other institutions, and the impact on the students registered in the programs.
17.4.2 In the case of an
anticipated reduction in size or discontinuation of a College, Department, or
Program, the Committee on Retrenchment’s recommendations shall include
consideration of–
its
historical role and contributions in the University’s educational, scholarly
and service mission, and those long-range circumstances which may have changed
to alter that role and those contributions;
the
dependence of other programs in the University on the College, Department, or
Program;
duplication
elsewhere in the University of courses, research or services offered through
the department, college or program, and possible organizational arrangements
which might serve as alternatives to discontinuation;
arrangements
which can be made to allow students enrolled to satisfy degree or certificate
requirements;
stature of
its faculty and alumni, and the possible consequences to the academic stature
of the University through discontinuation;
the profile
of ages, periods of service and tenure status of its Bargaining Unit Faculty
Members and an estimate of their possible usefulness elsewhere within the
University; and
possible
arrangements for planned phasing out of the College, Department, or Program as
an alternative to abrupt discontinuation.
17.5 The President shall
forward the recommendations of the Committee on Retrenchment along with his or
her recommendations to the Board of Trustees.
17.6 Procedures for
Retrenchment.
17.6.1 The University shall, in
good faith, consider whether the need for retrenchment can be alleviated
through normal attrition or other alternatives to retrenchment. In making its
decisions about retrenchment, the University shall, in good faith, give
consideration to the factors listed in 17.4.1 and 17.4.2.
17.6.2 Consistent with the
operating needs of the level of organization the University has deemed
appropriate for retrenchment, the University shall retrench faculty by rank in
inverse order of seniority within the unit(s) identified for retrenchment.
17.6.3 Before the
University retrenches Bargaining Unit Faculty or TET Bargaining Unit Faculty,
it must retrench all others with teaching responsibility within a particular
Program, Department or College. Visiting faculty will be
retrenched before Instructors, who will be retrenched before Lecturersbefore Lecturers,
who will be retrenched before Senior Lecturers within a particular Program,
Department or College. , unless
it can be shown that those non-Bargaining Unit Members are academically essential
(in particular, essential with regard to their teaching or service) to the
continuation of the academic mission of that Program, Department, or College. In like fashion, Clinical Instructors will be retrenched before Clinical
Assistant Professors.
17.6.6 Within each academic
rank, seniority shall be calculated from the earliest date of continuous
University employment.
17.6.6.1 Leaves with pay shall
count as years of service for seniority.
17.6.6.2 While unpaid leaves
shall not count as years of service for seniority, neither do they constitute a
break in continuous University employment.
17.6.6.3 Periods of continuous
employment wherein an individual is outside the Bargaining Unit, such as service as a chair, dean, provost or
President, shall count as years of service for seniority.
17.6.7 To meet operating needs
of the unit(s) being reduced, the University will retain specific Bargaining
Unit Faculty Members who are best qualified to meet programmatic, curricular,
or other needs.
17.6.8 The termination of a
Bargaining Unit Faculty Member may not be necessary if his or her salary is
paid by restricted funds.
17.6.9 Bargaining Unit Faculty
Members whose positions are terminated shall be offered available faculty
positions for which they are fully qualified or for which they can become fully
qualified within the period of their notification of termination as specified
in Section 17.6.10. Where feasible, the University will consider relocating
Bargaining Unit Faculty Members in a non-faculty position, as an alternative to
termination.
17.6.10 A Bargaining Unit
Faculty Member whose appointment is terminated shall receive salary and
benefits (or notice) in accordance with the following schedule:
Service as a Full-Time
Faculty Member |
Salary and Benefits (or
Notice) |
less than nine months |
three months |
at least nine but less than
eighteen months |
six months |
at least eighteen months |
twelve months |
At least eighteen months and has
continuing employment status |
Current academic
year plus twelve months |
At least ten
years and has
continuing employment status |
Current academic
year plus twelve months (eighteen months minimum) |
17.7 The University shall not fill a position in a discipline
in which a Bargaining Unit Faculty Member, who has been retrenched, is
professionally qualified for a period of two (2) years from the date of
termination of service, unless the position is first offered to that Member and
he or she is given at least thirty (30) days to decide whether to accept or
decline the position. The Bargaining Unit Faculty Member shall be able to
complete the term of his or her current employment (up to one year) before
beginning the recalled position at Wright State University.
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17.1 Financial exigency means
that severe financial problems exist which threaten the University’s ability to
maintain its operations at an acceptable level of quality. If the
termination of a Bargaining Unit Faculty Member based on reduced need or
financial exigency pursuant to Article 15 also involves termination of tenured
and tenure track faculty members, it shall be considered retrenchment.
17.2 Should the University
President anticipate the need for retrenchment that includes termination of tenured
or tenure track faculty, the data and information upon which this decision is
based shall be provided to the AAUP-WSU.
17.3 The AAUP-WSU shall be
provided access and the opportunity to inspect and/or copy any information
relevant to the anticipated retrenchment within ten (10) calendar days after
the delivery of a written request to the Provost. However, the AAUP-WSU is not
entitled to any information that is confidential under any applicable law. In
addition, the AAUP-WSU is entitled to view information in its existing form
only.
17.4 Within sixty (60) calendar
days after receipt of the data and information in Section 17.3 a joint
Committee on Retrenchment, with three members appointed by the University and
three members appointed by the AAUP-WSU, shall submit its advisory
recommendations to the University President. Such recommendations may include
ways to relieve the exigency by raising additional funds, by reallocating
funds, or by cutting or eliminating specified activities.
17.4.1 In making its
recommendations, the Committee on Retrenchment shall give consideration to
long-term enrollment projections, the mission of the University as a whole, the
continued accreditation of academic units, the effect on joint programs with
other institutions, and the impact on the students registered in the programs.
17.4.2 In the case of an
anticipated reduction in size or discontinuation of a College, Department, or
Program, the Committee on Retrenchment’s recommendations shall include
consideration of -
its
historical role and contributions in the University’s educational, scholarly
and service mission, and those long-range circumstances which may have changed
to alter that role and those contributions;
the
dependence of other programs in the University on the College, Department, or
Program;
duplication
elsewhere in the University of courses, research or services offered through
the department, college or program, and possible organizational arrangements
which might serve as alternatives to discontinuation;
arrangements
which can be made to allow students enrolled to satisfy degree or certificate
requirements;
stature of
its faculty and alumni, and the possible consequences to the academic stature
of the University through discontinuation;
the profile
of ages, periods of service and tenure status of its Bargaining Unit Faculty
Members and an estimate of their possible usefulness elsewhere within the
University; and
possible
arrangements for planned phasing out of the College, Department, or Program as
an alternative to abrupt discontinuation.
17.5 The President shall
forward the recommendations of the Committee on Retrenchment along with his or
her recommendations to the Board of Trustees.
17.6 Procedures for
Retrenchment.
17.6.1 The University shall, in
good faith, consider whether the need for retrenchment can be alleviated
through normal attrition or other alternatives to retrenchment. In making its
decisions about retrenchment, the University shall, in good faith, give
consideration to the factors listed in 17.4.1 and 17.4.2.
17.6.2 Consistent with the
operating needs of the level of organization the University has deemed
appropriate for retrenchment, the University shall retrench faculty by rank in
inverse order of seniority within the unit(s) identified for retrenchment.
17.6.3 Visiting faculty will be
retrenched before Instructors, who will be retrenched before Lecturers,
who will be retrenched before Senior Lecturers within a particular Program,
Department or College, unless it can be shown that those non-Bargaining Unit
Members are academically essential (in particular, essential with regard to
their teaching or service) to the continuation of the academic mission of that
Program, Department, or College. In like fashion, Clinical Instructors
will be retrenched before Clinical Assistant Professors.
17.6.6 Within each academic
rank, seniority shall be calculated from the earliest date of continuous
University employment.
17.6.6.1 Leaves with pay shall
count as years of service for seniority.
17.6.6.2 While unpaid leaves
shall not count as years of service for seniority, neither do they constitute a
break in continuous University employment.
17.6.6.3 Periods of continuous
employment wherein an individual is outside the Bargaining Unit, such as
service as a chair, dean, provost or President, shall count as years of service
for seniority.
17.6.7 To meet operating needs
of the unit(s) being reduced, the University will retain specific Bargaining
Unit Faculty Members who are best qualified to meet programmatic, curricular,
or other needs.
17.6.8 The termination of a
Bargaining Unit Faculty Member may not be necessary if his or her salary is
paid by restricted funds.
17.6.9 Bargaining Unit Faculty
Members whose positions are terminated shall be offered available faculty
positions for which they are fully qualified or for which they can become fully
qualified within the period of their notification of termination as specified
in Section 17.6.10. Where feasible, the University will consider relocating
Bargaining Unit Faculty Members in a non-faculty position, as an alternative to
termination.
17.6.10 A Bargaining Unit
Faculty Member whose appointment is terminated shall receive salary and benefits
(or notice) in accordance with the following schedule:
Service as a Full-Time
Faculty Member |
Salary and Benefits (or
Notice) |
less than nine months |
three months |
at least nine but less than
eighteen months |
six months |
at least eighteen months |
twelve months |
17.7 The University shall not fill a position in a discipline
in which a Bargaining Unit Faculty Member, who has been retrenched, is
professionally qualified for a period of two (2) years from the date of
termination of service, unless the position is first offered to that Member and
he or she is given at least thirty (30) days to decide whether to accept or
decline the position. The Bargaining Unit Faculty Member shall be able to
complete the term of his or her current employment (up to one year) before
beginning the recalled position at Wright State University. |
