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Sec. 1 Purpose
The purpose of this document is to ensure full and consistent compliance with federal and state laws and Regents’ Rule 31008.
Sec. 2 Applicability
This policy covers policies and procedures for the termination for good cause or for summary dismissal of a (1) tenured faculty member; (2) term-tenured faculty member during the term of appointment; or (3) non-tenured faculty member during the term of appointment.
This policy does not cover a nonrenewal at the end of the faculty member’s appointment. Rule 31008, Section 7, applies when an institution decides not to renew or reappoint a non-tenured or term-tenured faculty member at the end of their appointment pursuant to Regents’ Rule 31007, Section 5, or Regents’ Rule 31002, Sections 1 and 2.
The procedures in Rule 31003 apply when a faculty member’s employment is terminated due to an institutional financial exigency or due to an institution’s decision to eliminate occupied academic positions or abandon academic programs.
Sec. 3 Good Cause
“Good cause” for termination may be found when the faculty member has engaged in one of the following forms of conduct and the faculty conduct is sufficiently serious in nature such that the president determines it is in the best interest of the institution to separate the implicated faculty:
(a) professional incompetence;
(b) continually or repeatedly failing to perform duties or meet professional responsibilities of the faculty member’s position;
(c) failure to successfully complete a required professional development program;
(d) conduct involving moral turpitude that adversely affects the institution or the faculty member’s performance of duties or meeting of responsibilities;
(e) violation of laws or System or institution policies substantially related to the performance of the faculty member’s duties;
(f) conviction of a crime affecting the fitness of the faculty member to engage in teaching, research, service, outreach, or administration;
(g) unprofessional conduct that adversely affects the institution or the faculty member’s performance of duties or meeting of responsibilities;
(h) falsification or misrepresentation of the faculty member’s academic credentials, scholarly work, or research data, or other research or academic fraud or misconduct, including but not limited to fabrication, falsification, plagiarism or misrepresenting publications;
(i) failure to maintain credentials or licenses required to perform job duties; or
(j) sexual misconduct.
Sec. 4 Grounds for Summary Dismissal
Summary Dismissal procedures may be initiated, in accordance with applicable procedures, when the allegations made against the faculty member are sufficiently serious in nature such that the president determines it is in the best interest of the institution to have the faculty member immediately removed from their position because the alleged conduct (1) creates a serious safety threat to students, faculty, staff, or members of the public; (2) creates a significant threat to national security; or (3) creates a significant adverse impact on the operation of the institution.
Sec. 5 Institution Policies and Procedures
Each institution shall adopt policies and procedures regarding faculty termination that comply with federal and state laws and Regents’ Rule 31008 and are substantively consistent with a model policy promulgated by U. T. System Administration. Institutional policies and procedures must be approved by the Chancellor, Executive Vice Chancellor for Academic Affairs or Health Affairs, and the Vice Chancellor and General Counsel. (Regents’ Rule 31008, Sec. 4)
