Chapter Four

Sec. 4.5.1. Termination of Appointment by a Faculty Member

A faculty member may terminate an appointment effective at the end of a contract year, provided that notice is given to the dean in writing at the earliest possible opportunity, and in no event less than thirty daysbefore the end of the current contract year. The faculty member may properly request from the dean a waiver of the requirement of notice in the case of hardship.

Sec. 4.5.2 Probationary Academic Appointments

When a decision not to renew an appointment has been reached, the faculty member involved will be informed of that decision in writing by the dean and, if he/she so requests, will be advised orally of circumstances that contributed to that decision. If the faculty member so requests, the professional, academic, budgetary, management, planning, or other factors given in explanation of the nonrenewal will be confirmed in writing. The faculty member may request a review under provisions of the grievance procedure as stipulated in Article 4.4. Written notice that a probationary appointment is not to be renewed shall be given to a faculty member in advance of the expiration of the appointment, according to the following minimum periods of notice.

A. First Year of Probationary Service
In the first year of probationary service at the University of Louisville, not less than ninety days before the expiration of the contract.

B. Second Year of Service
Not later than six months before the end of the second contract year at the University of Louisville.

C. Service of More Than Two Years
After two or more years of service at the University of Louisville, notice of termination shall be given at least twelve months before the expiration of the appointment.

Sec. 4.5.3 Termination of Academic Employment Before the End of a Specified Term or for Persons with Tenure

A. Causes

1. Termination of an appointment with tenure, or of a special or probationary appointment before the end of the specified term, may be effected by the institution for any of the following causes only if the cause substantially impairs effectiveness as a faculty member:
   1. Incompetence,
   2. Neglect of or refusal to perform one's duty,
   3. Immoral conduct.
2. Termination of an appointment with tenure, or of a special or probationary appointment before the end of the specified term, may be effected by the institution for financial exigency or bona fide discontinuance or reduction of a unit, a department, a program or a service. In such case the affected faculty member shall have the right to have the issues reviewed by the University Faculty Grievance Committee, with ultimate review of all controverted issues by the Board of Trustees after recommendation by the Office of the President. This review will include consideration of the range of course offerings of the institution, the importance of the program to the academic objectives of the unit, faculty status, affirmative action, and the prospects for future funding from all possible sources.
   
   In every case of financial exigency or discontinuance or reduction of a unit, a department, or program of instruction, the faculty member concerned will be given appropriate notice as specified in Sec. 4.5.2 after recommendation by the President. Before terminating an appointment because of the discontinuance of a department, institute, program or service, every effort will be made to place affected faculty members in other suitable positions. If an appointment is terminated before the end of a period of appointment because of financial exigency, or because of the discontinuance or reduction of a program of instruction, the released faculty member's place will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reappointment and a reasonable period of time within which to accept or decline it.

B. Procedures

The procedures for termination of academic employment before the end of a specified term or for persons with tenure are specified in an Appendix: Termination Procedures to this Article.

Sec. 4.5.4 Action by the Board of Trustees

If dismissal or other penalty is to be recommended by the President, the President will, on request of the faculty member submitted ten (10) calendar days prior to the next regularly scheduled meeting of the Board of Trustees, transmit the record of the case to the Board of Trustees. The Board's review will be based on the record of the hearings and findings of the University Faculty Grievance Committee and it will provide opportunity for argument, oral or written or both, by the faculty member and the University or by their representatives. The Board of Trustees will then exercise its final authority and take appropriate action.