Faculty Termination

This termination policy applies to all full-time faculty members serving under a signed contract: (a) with tenure, as described in the Tenure and Tenure Renewal section of this Handbook; or (b) under a nontenure continuing appointment as described in the Nontenure Continuing Appointments section of this Handbook; or (c) under a limited term appointment prior to achieving either tenure or nontenure continuing appointment status. In the case of a faculty member serving under a nontenure continuing appointment or a limited term appointment [categories (b) or (c) above], this policy only applies if the termination occurs during the term of the contract or limited term appointment. This policy does not apply to the University’s decision not to renew a faculty contract, except in the case of tenured faculty members. The grounds sufficient for termination are limited to one or more of the six reasons cited below. The Grievance Policy is to be used for all other disputes.

Relationship of the Termination Policy to Tenure Status

The institution retains the option not to renew the contract or continuing appointment of a faculty member without tenure, including temporary and adjunct faculty, since this policy does not apply to that situation. In keeping with Bethel’s longstanding policy, tenure status is awarded to faculty members in discrete terms, initially for five years. After the mandatory probationary period, an initial term of tenure is extended conditional upon the faculty member having demonstrated strong and effective performance according to the criteria and procedures specified in the appropriate tenure policy.

The renewal of tenure for subsequent terms is not automatic nor to be presumed without a satisfactory performance evaluation. Subject to opportunity for remediation, tenure renewal may be denied if the institution’s faculty and administrative review process demonstrates that the faculty member’s performance is unsatisfactory as judged by the criteria and procedures specified in the appropriate tenure policy. Termination is not an automatic consequence of the denial of tenure or tenure renewal. If termination is to occur, it will be done in accord with the procedures and criteria set forth in this termination policy.

Reasons for Termination

Tenured faculty are subject to either Termination for Cause or to Strategic Termination.

Termination for Cause

1. Breach of Contract -- Informal meetings, documented formal meetings, and written statements have established evidence of a breach of contract which has been communicated to the faculty member.

2. Moral Turpitude -- Evidence of moral turpitude has been presented to the administration regarding a faculty member. After preliminary verification of the charges, the faculty member has been so informed.

3. Incompetence -- Informal meetings, documented formal meetings, and written statements have established an unremediated pattern of incompetence that has been communicated to the faculty member.

4. Persistent Disruptive Behavior -- Informal meetings, formal meetings, and written statements have established a documented pattern of behavior that is disruptive to the functioning of the department and/or the University and that interferes with the achievement of the departmental and/or University mission.

Strategic Termination

5. Institutional Welfare -- There has been a continuing significant pattern of declining enrollment as validated by the Provost and University President, or an explicit written change in departmental or institutional philosophy approved by the Provost and University President, or a documented change in curriculum approved by the Provost and the University President that may necessitate the termination of a faculty member, department, or degree program. Documentation of such facts shall be formally communicated in a timely manner to the appropriate dean, department chair (or program director), and the faculty member.

6. Financial Exigency -- Termination of a faculty member, department or degree program may occur when the President and the Board of Trustees have declared to the institutional faculties that they have determined a state of financial exigency exists, that is, an untenable economic condition prevails which materially compromises the financial well-being of the institution as a whole, and which cannot be sufficiently mitigated by other means.

Procedure for Termination for Cause

The divergent characters of For Cause and Strategic terminations will be addressed by divergent policies and procedures.

1. The Provost notifies the faculty member of the intent to terminate and a copy of the notification is confidentially sent to the FPRC chair.
   
   
2. If the faculty member and the Provost fail to reach a mutually satisfactory resolution, the Provost notifies the FPRC chair, who then forms a Termination Hearing Committee (THC) which will complete its work within 45 days. The THC consists of three tenured faculty, one chosen by each of the following: the university president, the FPRC committee chair, and president of the CAS faculty senate or the CAPS/SEM/GS faculty affairs council (FAC) chairperson.
   
   
3. The Provost or the Provost’s representative shall present the case for termination at a hearing to the THC. The faculty member has the right to hear the presentation, and the right to rebuttal within two weeks of the hearing. The THC then reports to the Provost and the faculty member its recommendation for resolution.
   
   
4. The Provost will review the THC report; if the faculty member continues to be under consideration for termination, he or she is so informed and has 10 days to request an alternative dispute resolution via mediation services. The mediation services shall be provided by an independent mediation services firm on a rotating basis from a list of such firms maintained by the Provost’s office. All mediation costs shall be paid by Bethel. Mediation shall continue until the matter is resolved or the mediator declares an impasse and recommends discontinuance of the mediation process.
   
   
5. The President and Provost then make the decision on termination.
   
   
6. The faculty member has 15 days after termination to request binding arbitration of the termination decision. The arbitration panel is to be formed according to established Bethel arbitration policy.
   
   
7. In all cases, the Provost shall have the option to place the faculty member on immediate paid leave of absence until the termination process is completed or discontinued. During the termination process, up to and including arbitration, both the faculty member, the Provost, and all other concerned or involved persons are bound to keep all issues confidential among those who have a need to know. All documentation related to termination, including minutes of all meetings and hearings, shall be kept in confidential files in the President’s office for seven years.

Procedure for Strategic Termination

1. The Administration informs the faculty community about strategic challenges that call for contraction of academic instruction.
   
   
2. The Administration seeks faculty feedback about ways to address strategic challenges with maximum effectiveness and minimal challenges to the Bethel community and its mission.
   
   
3. In order to finalize and implement strategic decisions resulting in the termination of tenured faculty, the Administration confidentially notifies the faculty member and the department chair or program director who has been charged with the supervision of the faculty member over the previous or upcoming year. The department chair or program director and the faculty member shall have 30 days to respond. If the termination has been initiated under the institutional welfare clause, the faculty member shall have the right to meet with the President and Provost accompanied by his/her department chair or program director and dean to orally respond. The purposes of this response shall be to:
   
   
   1. Inform Administration about the missional impact of the decisions; and
   2. Propose alternative methods to achieve final financial or strategic goals.
      
      
4. Terminations of faculty may be considered when programs are actually being contracted or canceled, or if other exceptional circumstances arise in the judgment of the President and the Board of Trustees. The University is not bound to any specific solution prior to considering the termination of faculty members, but may consider strategies such as expenditure of one time money or reserves as bridge funding, furloughs, pay cuts, deferred compensation plans, early retirement packages, deferral of nonessential capital expenditures, and cuts to non-educational programs and services, including expenses for administration and placement of a faculty member into an open position for which the faculty member is qualified as an alternative to termination, but at the compensation and benefits associated with such a position, without reference to the faculty member’s prior contract compensation. A tenured faculty member will not be terminated while a faculty member without tenure is retained, unless terminating the nontenured faculty member would undermine the viability of a continuing academic program. A terminated faculty member may apply for any open position at the University on the same basis as any other candidate.
   
   
5. Faculty members to be terminated shall be notified by October 15th that they will not be offered a contract for the next academic year.
   
   
6. Terminated faculty are notified in a process applying best practices and compassionate principles of Christian community.
   
   
7. The notification process includes the following terms and notifications:
   
   
   1. the date of termination;
   2. the date of discontinuation of pay and/or benefits if different from the termination date;
   3. whether any separation assistance is available, and if so, the specific terms and conditions that the faculty member must accept to qualify for the assistance;
   4. the text the university proposes to use in its official termination letter that clearly specifies the reason for termination; and
   5. the text the university proposes to use in any internal or external communication referencing the termination.
      
      
8. Faculty subject to Strategic Termination have 30 days to respond to the university’s proposed terms of termination or request a modification to the university’s terms. If during the 30 day response period, the terms of the strategic termination program have changed, the faculty member will have an additional 10 days to respond to the University’s proposal from the date the faculty member is informed of the change.
   
   
9. If the faculty member requests any modifications to the university’s proposed terms of termination, the Provost shall have seven days to reply to the faculty member.

Office of the Provost
Approved by CAS Faculty Senate and CAPS/Seminary/GS Faculty Affairs Committee, May 2018