Academic Affairs Manual (ACD)

Effective: 7/1/1984

Revised: 7/1/2011

ACD 508–05: Release of Academic Professionals and Faculty

Purpose

To describe release of academic professionals due to financial emergency or reorganization and release of faculty for reorganization

Sources

Arizona Board of Regents Policy Manual - 6–201, 6–301

Office of the Provost of the University

Policy

Termination of academic professionals, academic professionals holding continuing appointments, or of probationary academic professionals during an appointment period may occur because of a financial emergency or because of reorganization. Such a termination of appointment shall be designated a “release.”

Release of tenured faculty, or release of tenure-eligible and fixed-term faculty prior to the end of the appointment period, may occur as a result of reorganization due to budgetary or programmatic considerations requiring program discontinuance, curtailment, modification, or redirection. A termination of faculty appointment under this policy shall be designated as a “release for reorganization.”

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Academic Professionals

Release Due to Financial Emergency

Release of a professional employee may occur when deemed necessary by the president due to a financial emergency as declared by the Board of Regents. Upon occurrence of the release, the individual’s personnel file shall designate that the release was due to financial emergency. An academic professional employee released due to financial emergency shall be accorded the following rights and privileges.

1. The individual shall be notified in writing of the decision to effectuate his or her release. Such notice shall be provided as far in advance of the release date as the president deems possible.
2. The university shall make a reasonable effort to secure alternative appointments within the university in open positions for which the affected individual is qualified under existing criteria. The university shall make a reasonable effort to ensure that the individual is made aware of openings at other Arizona universities and opportunities for retraining or further professional growth.
3. If, within a period of two years from the date of the release of an academic professional employee with continuing status, the president determines that the academic professional employee’s position should be reopened, then reappointment to the position shall first be offered to the released academic professional employee if the person’s most recent annual evaluation was satisfactory or better. The offer shall be sent to the last known mailing address of the employee and he or she shall have a reasonable time, not to exceed 30 days, within which to accept or decline the offer of reappointment.
4. An individual who believes that he or she has been released as a result of unlawful discrimination shall be entitled to a grievance hearing upon written request filed with the Academic Professional Grievance Committee and the president of the university within 15 days of receipt of notice of such release.

Release Due to Reorganization

Release of academic professional employees at the university may occur when reorganization is deemed necessary due to a budget or program decision requiring program discontinuance, curtailment, modification, or redirection, and when such a reorganization plan is approved by the Board of Regents. Such a release shall be designated in the employee’s personnel records as a “release for reorganization.” If the reorganization plan under consideration requires the release of academic professional employees, the president shall review the proposed reorganization plan and, if in concurrence, forward it to the Board of Regents for their approval. If the Board of Regents approves the plan and academic professional employees are released due to reorganization, each one shall be accorded the following rights and privileges.

1. The individual shall be notified in writing of the proposed course of action that will result in his or her release. Such notice shall be provided as far in advance of the release date as the president deems possible.
2. The university shall make a reasonable effort to secure alternative appointments within the university in open positions for which the affected individual is qualified under existing criteria and to provide to the employee information concerning other employment opportunities that may be available.
3. In the event that the program element that has been terminated should be re-instituted within a period of two years, new positions consisting of duties reasonably comparable to those of the released academic professional employee with continuing status shall not be filled without first offering reappointment to the released academic professional employee with continuing status. The released academic professional employee must be given a reasonable time, not to exceed 30 days, within which to accept or decline reappointment.
4. An individual who believes that he or she has been released as a result of unlawful discrimination shall be entitled to a grievance hearing upon written request filed with the Academic Professional Grievance Committee and the president of the university within 15 days of receipt of notice of such release.

See P14, “Academic Professional Release Process” for more information about the release process.

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Faculty

The university shall devote its best efforts to securing alternative appointments within the university for any faculty member who is released as a result of reorganization, use available resources to ensure that such faculty members are made aware of openings at other Arizona universities, and offer, as appropriate, opportunities for retraining or further professional growth. In the event that the program element that has been terminated should be re-instituted within a period of three years, new positions requiring qualifications and duties reasonably comparable to those of the released faculty member shall not be filled without first offering the appointment to the released tenured faculty member. The released faculty member must be given a reasonable time, not to exceed 30 days, to accept or decline reappointment. A tenured faculty member who is released shall be given a terminal year appointment unless the Board of Regents’ approval of the reorganization includes a specific determination that budgetary considerations do not permit such an appointment (from ABOR 6–201, K).

See ACD 501, “Conditions of Faculty Service” for more information about the release process.

Cross-References

For related information, see:

1. ACD 501, “Conditions of Faculty Service”
2. ACD 503, “Conditions of Professional Service”
3. ACD 509–02, “Grievance Policy for Faculty”

   and

4. ACD 509–03, “Grievance Policy for Academic Professionals.”

 

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