Whereas the Provost Crabtree has affirmed his support for shared
asserting that "administrators must make every effort to involve
critical stages of the decision making process," and…
Whereas the UTK Faculty Handbook (section 2.14.3) Procedures for
Tenure, part 3 states that "[e]traordinary circumstances' may
(a) financial exigency or (b) major program discontinuations. In
the termination of tenured faculty may take place only after sustained
deliberation and discussion of the exigency or of the program change.
deliberations and discussions must include the faculty of the University
through appropriate committees of the Faculty Senate, of the college,
the department involved."
Whereas, Provost Crabtree affirmed the importance of upholding
Faculty Handbook and AAUP principles regarding discontinuation of
Therefore be it resolved that the UTK Faculty Senate support the
working to ensure the University of Tennessee comply with both the
Handbook and the AAUP Policy Statement on the Discontinuance of
Department Not Mandated by Financial Exigency when implementing
academic program cuts.
From the AAUP Policy Statement:
Recommended Institutional Regulations on Academic Freedom and Tenure
TERMINATION OF APPOINTMENTS BY THE INSTITUTION Discontinuance of
Department Not Mandated by Financial Exigency (d) Termination of
appointment with continuous tenure, or of a probationary or special
appointment before the end of the specified term, may occur as a
bona fide formal discontinuance of a program or department of instruction.
following standards and procedures will apply.
(1) The decision to discontinue formally a program or department
instruction will be based essentially upon educational considerations,
determined primarily by the faculty as a whole or an appropriate
thereof. [NOTE: "Educational considerations" do not include
temporary variations in enrollment. They must reflect long-range
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
to place the faculty member concerned in another suitable position.
placement in another position would be facilitated by a reasonable
training, financial and other support for such training will be
no position is available within the institution, with or without
the faculty member’s appointment then may be terminated, but
provision for severance salary equitably adjusted to the faculty
length of past and potential service. [NOTE: When an institution
discontinue a program or department of instruction, it should plan
to bear the
costs of relocating, training, or otherwise compensating faculty
adversely affected.] (3) A faculty member may appeal a proposed
termination resulting from a discontinuance and has a right to a
before a faculty committee. The hearing need not conform in all
a proceeding conducted pursuant to Regulation 5 (DISMISSAL PROCEDURES)
essentials of an on-the-record adjudicative hearing will be observed.
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
determination that a program or department is to be discontinued
considered presumptively valid, but the burden of proof on other
rest on the administration.
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