UNIVERSITY OF PITTSBURGH POLICY 02-02-09

CATEGORY:              ACADEMIC AFFAIRS

SECTION:                  Faculty Appointment and Tenure

SUBJECT:                 Termination Due to Reorganization or Termination of Academic Programs

EFFECTIVE DATE:   July 5, 1988

PAGE(S):                   4

I.    SCOPE

      This policy establishes the rights of tenure-stream and tenured faculty members when

      academic programs are reorganized or terminated according to the University Planning

      and Resource Management Procedure Manual.

II.   POLICY

      Except for cause or by action of the Board of Trustees acting under Chapter II, Article II,

      Section IV, Paragraph D of the University BYLAWS, termination of tenured faculty is

      possible only if a school or regional campus (not a smaller unit) is terminated rather than,

      in substance and effect, only reorganized.

      If a proposal to terminate, reorganize, or merge an academic program has been approved

      by the appropriate authority, faculty affected shall be accorded the rights and privileges

      outlined below:

      1.    Faculty on Tenure-Stream Appointments

            -     Each tenure-stream faculty member will be permitted to complete the period of

                  appointment in accordance with the terms of his contract, including the notice that

                  specified in the Handbook for Faculty.

            -     Each tenure-stream faculty member who has been given notice of termination at

                  the end of the contract period will be released at the end of any term or session

                  from his or her contract upon request, even though the contract may extend

                  beyond that time.

            -     Each tenure-stream faculty member who is given notice of termination at the end

                  of the contract period under this policy shall be given a personal letter from the

                  Provost or Senior Vice President for the Health Sciences that expressly states that

                  termination does not imply a negative judgment about the person's individual

                  performance, but is due to a program change.

            -     The Provost or Senior Vice President for the Health Sciences shall offer to send

                  letters of explanation and professional resume on behalf of such persons to other

                  institutions to assist in efforts to find them suitable placement elsewhere.  The

                  Office of the Provost or the Senior Vice President for the Health Sciences shall

                  provide assistance in placement and counseling.

      2.   Tenured Faculty (In the case of program terminations or reorganizations that do not

            involve the termination of a school or regional campus)

            -     The Bylaws state "Tenure is held by a faculty member only in the school or at the

                  regional campus where the tenure is granted."

            -     In all reorganizations and terminations of programs, except the termination of a

                  school or regional campus, the tenure of a tenured faculty member will remain in

                  effect.  If a department or program within a school is terminated, but not the school,

                  the faculty member will continue to be employed full time at the same rank without

                  reduction in monthly compensation.  A good faith offer not involving the

                  relinquishment of tenure will be made to the person involved, as provided below.

            -     The University will offer to each tenured faculty member affected another suitable

                  faculty position in a related field.  Where necessary to permit the faculty member to

                  perform newly assigned duties effectively, faculty so reassigned shall be offered

                  special leave generally not to exceed one calendar year without loss of contract

                  compensation, for study to upgrade his or her expertise or to change specialties.

            -     Consultation should take place among the reassigned faculty member, the

                  appropriate Deans, the Provost or the Senior Vice President for the Health

                  Sciences, and the program faculty in order to develop a plan for the best

                  assignment of the faculty member upon his or her return and also ensure that the

                  benefit of the leave will be consonant with his subsequent duties.  Wherever

                  feasible, study will be at the University of Pittsburgh tuition-free; if study at the

                  University is not feasible, every effort will be made to provide the faculty member

                  with a grant to meet some or all of the travel and tuition expenses elsewhere.

            -     As an alternative, a tenured faculty member who has the requisite characteristics,

                  skills, and interests may request or may be offered a professional administrative

                  appointment.  Such appointments shall be made at the discretion of the University

                  administration in accordance with usual administrative procedures, without loss of

                  academic tenure and without reduction in compensation.

            -     If the faculty member does not wish to accept the reassignment offered, the

                  Senate president will arrange for a panel of fact-finders to be appointed who will

                  investigate the problem and issues, present an analysis of the positions of the

                  parties and offer a recommendation which may be in support of the administration's

                  offer, the affected individual's own proposal or an option developed by the panel

                  itself after consulting with the parties involved.  See Procedure 02-02-09,

                  Termination Due to Reorganization or Termination of Academic Programs.

            -     At any time within two years after acceptance of a reassignment under the

                  provisions above, the faculty member may elect to terminate his or her employment

                  with severance pay, or, if eligible, may elect to retire under an early retirement plan.

      3.    Tenured Faculty (In cases involving the termination of a school or regional campus)

            -     Under circumstances in which termination of tenured faculty is contemplated due

                  to the termination of a school or regional campus, the Provost or the Senior Vice

                  President for the Health Sciences will first attempt reassignment to an appropriate

                  academic appointment in another school within the University.  Such assignment

                  will be based on recommendation of the faculty and Dean of the school.  If such an

                  assignment does not continue tenure and is terminated within three years, the

                  individual shall then receive severance pay.  At any time within two years after

                  acceptance of such a reassignment the faculty member may elect to terminate his

                  or her employment with severance pay, or, if eligible, may elect to retire under an

                  early retirement plan.

            -     As an alternative, the faculty member may be offered an administrative

                  appointment in accordance with paragraph 2 above, but not necessarily continuing

                  tenure, at a salary appropriate to the position.

                  If such an appointment does not continue tenure and is terminated within three

                  years the individual shall then receive severance pay.  At any time within two years

                  after acceptance of such a reassignment the faculty member may elect to

                  terminate his or her employment with severance pay, or if eligible, may elect to

                  retire under an early retirement plan.

            -     In the event that reassignment is not possible or is rejected, tenured faculty

                  members shall be provided notice of termination of no less than one calendar year,

                  subject to the provisions below.

            -     In any case, each faculty member whose appointment will not be continued due to

                  termination of a school or regional campus shall be given a personal letter from

                  the Provost or the Senior Vice President for the Health Sciences that expressly

                  states that a termination does not imply a negative judgment about the person's

                  individual performance but is due to a program change.

            -     The Provost or the Senior Vice President for the Health Sciences shall offer to

                   send letters of explanation and professional resume on behalf of such persons to

                   other institutions to assist in efforts to find them suitable placement elsewhere. 

                   The Office of the Provost or the Senior Vice President for the Health Sciences

                   shall provide assistance in placement and in appropriate counseling.

      A tenured faculty member who is terminated under the provisions of this policy shall

      receive severance pay, other non-university employment notwithstanding, according to

      Procedure 02-02-09.

      At the discretion of the University administration and with the agreement of the affected

      faculty member, a term appointment or retirement may be selected in lieu of severance

      pay as provided below.

      Term Appointments

      In place of termination with severance pay, a tenured faculty member may be offered a

      full- or part-time terminal appointment for a period and at a salary and fringe benefits

      mutually agreed upon.  Throughout this terminal appointment, a faculty member may

      resign at any time, effective on the completion of any one term or session in which he is

      teaching, to accept another position or to accept retirement.

      Modified Retirement

      In place of termination with severance pay, a faculty member whose appointment is to be

      terminated and who is eligible for retirement benefits may elect to retire.  Upon retirement,

      he or she may be offered a part-time appointment within the University at a salary and

      fringe benefits and for a period mutually agreed upon by the University and the faculty

      member.  The compensation for such a part-time appointment will be in addition to the

      TIAA/CREF and other retirement income.

      -     Tenured faculty who are eligible to retire under an early retirement incentive plan may

            elect to do so in lieu of severance pay.

III.  REFERENCE

      Procedure 02-02-09, Termination Due to Reorganization or Termination of Academic

      Programs