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Resolution passed unanimously by the Faculty Senate Budget Committee, April
21, 2003

Whereas the Provost Crabtree has affirmed his support for shared governance,
asserting that "administrators must make every effort to involve faculty at
critical stages of the decision making process," and…

Whereas the UTK Faculty Handbook (section 2.14.3) Procedures for Revocation of
Tenure, part 3 states that "[e]traordinary circumstances' may involve either
(a) financial exigency or (b) major program discontinuations. In either case
the termination of tenured faculty may take place only after sustained
deliberation and discussion of the exigency or of the program change. Such
deliberations and discussions must include the faculty of the University
through appropriate committees of the Faculty Senate, of the college, and of
the department involved."

Whereas, Provost Crabtree affirmed the importance of upholding both the
Faculty Handbook and AAUP principles regarding discontinuation of academic

Therefore be it resolved that the UTK Faculty Senate support the Provost in
working to ensure the University of Tennessee comply with both the Faculty
Handbook and the AAUP Policy Statement on the Discontinuance of Program or
Department Not Mandated by Financial Exigency when implementing any future
academic program cuts.

From the AAUP Policy Statement:

Recommended Institutional Regulations on Academic Freedom and Tenure (4)
Department Not Mandated by Financial Exigency (d) Termination of an
appointment with continuous tenure, or of a probationary or special
appointment before the end of the specified term, may occur as a result of
bona fide formal discontinuance of a program or department of instruction. The
following standards and procedures will apply.

(1) The decision to discontinue formally a program or department of
instruction will be based essentially upon educational considerations, as
determined primarily by the faculty as a whole or an appropriate committee
thereof. [NOTE: "Educational considerations" do not include cyclical or
temporary variations in enrollment. They must reflect long-range judgments
that the educational mission of the institution as a whole will be enhanced by
the discontinuance.] (2) Before the administration issues notice to a faculty
member of its intention to terminate an appointment because of formal discontinuance of a
program or department of instruction, the institution will make every effort
to place the faculty member concerned in another suitable position. If
placement in another position would be facilitated by a reasonable period of
training, financial and other support for such training will be proffered. If
no position is available within the institution, with or without retraining,
the faculty member’s appointment then may be terminated, but only with
provision for severance salary equitably adjusted to the faculty member’s
length of past and potential service. [NOTE: When an institution proposes to
discontinue a program or department of instruction, it should plan to bear the
costs of relocating, training, or otherwise compensating faculty members
adversely affected.] (3) A faculty member may appeal a proposed relocation or
termination resulting from a discontinuance and has a right to a full hearing
before a faculty committee. The hearing need not conform in all respects with
a proceeding conducted pursuant to Regulation 5 (DISMISSAL PROCEDURES) but the
essentials of an on-the-record adjudicative hearing will be observed. The
issues in such a hearing may include the institution’s failure to satisfy any
of the conditions specified in Regulation 4(d). In such a hearing a faculty
determination that a program or department is to be discontinued will be
considered presumptively valid, but the burden of proof on other issues will
rest on the administration.

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