B. Proposed Revisions to UT HOP 3.16 Threatened Faculty Retrenchment (D 8009-8012)— Janet Staiger (professor, radio-television-film and committee chair).

Current “Financial Exigency” Policy

Sec. 3.16. Threatened Faculty RetrenchmentWhenever there is reason to anticipate that the University is sufficiently threatened by financial exigency, declines in enrollment, or changes in educational needs to endanger the continuance of the University’s obligations to faculty members with tenure or those on regular academic appointments, the President at the earliest date possible shall inform the President’s Advisory Council, the Faculty Council, the Committee of Counsel on Academic Freedom and Responsibility, and all potentially affected budgetary units about the threatening problem.  The President shall consult with these faculty groups to determine the nature and seriousness of the problem, the most appropriate of the possible courses of action to be taken, and the means of safeguarding faculty rights and interests, including tenure rights.  

(continued)

The Committee of Counsel on Academic Freedom and Responsibility shall advise, monitor, and make recommendations with respect to the protection of the rights of faculty members throughout the process of planning and effecting the solution to the problem.  In solving such a problem, The University shall make every reasonable effort to reassign affected faculty members to other suitable work and to aid them in finding other employment.

Proposed Revisions to HOP 3.16

• Declaration that UT-Austin will follow new policy of Regents’ Rules in Rule 31003.

• Discussion of two types of situations: 1. Abandonment of academic

positions or programs for academic reasons

2. Abandonment of academic positions or programs because of an institutional financial exigency

I. Abandonment for Academic Reasons• President will consult with budgetary

units and faculty council to determine Bona fide academic reasons Most appropriate of possible courses of

actions Means to safeguard faculty rights and

interests, including tenure rights• Faculty in the unit(s) will have

opportunity to participate in the review

I. (continued)• President will appoint a review committee

of at least 7 members. At least one-half will be faculty. The faculty will be chosen from nominations by the Faculty Council.

• A written report will be presented to the President for his/her decision.

• Any faculty terminated may request a hearing through the UT Faculty Grievance process (HOP 3.18).

II. Abandonment for Institutional Financial Exigency• The Regents’ Rules will define “financial

exigency” as “a demonstrably bona fide financial crisis that adversely affects the institution as a whole and that, after considering other cost-reducing measures, including ways to cut faculty costs, requires consideration of terminating appointments held by tenured faculty.”

II. (continued): Steps in the Process

• The President will inform the Faculty Council and budgetary units of the financial exigency.

• The President will consult with the Faculty Council and budgetary units about the problem and possible courses of action. “If reductions in faculty are unavoidable, the University will make every reasonable effort to reassign affected faculty members to other suitable work . . . .”

II. Steps in the Process (continued)• The President will write an Initial

Declaration of Financial Exigency.• The President will submit the Declaration

to the Faculty Council for advice and concurrence. Majority vote by the council members is necessary for concurrence; however, if concurrence is not possible, the President and Faculty Council will still proceed to create a joint Faculty Council-Presidential Exigency plan.

II. Steps in the Process (continued)

• The joint exigency plan will include a formula for membership for the Exigency committee to make recommendations: The committee will have a least 7

members, at least ½ of which will be faculty without administrative duties.

Faculty appointees will come from list of nominations from the faculty council.

At least ½ of nominees will be tenured faculty.

II. Steps in the Process (continued)

• The Exigency committee will review academic programs and records of possible faculty to be terminated. The proposed policy includes a list of what should be considered in the review.

• Recommendations will be in writing.

Procedure for Appeal• Faculty members whose positions will be

eliminated may appeal using the UT-Austin Faculty Grievance process (HOP 3.18), subject to the Regents’ Rules 31003 section 3.8 which also permits arguing about— The existence and extent of the

exigency— The criteria for termination used by the

Exigency Committee — The application of the criteria for

termination

Additional Points• Terminated faculty members will be given

“reasonable time to close down research or other such facilities in a non-destructive way.”

• “Terminated faculty will have right to first consideration” for newly opened positions as specified in Regents’ Rule 31003 section 3.6.

Four Amendments to Posted Policy1. In section I: Addition of the word “budget” for

clarityI. Abandonment of Academic Positions or

Programs for Academic and Budget ReasonsAn academic program under consideration for abandonment or an academic position that is under consideration for elimination for bona fide academic and budget reasons should be reviewed in depth through a procedure determined by the President in consultation with the Faculty Council. The President shall consult with the Faculty Council and the affected budgetary units to determine the bona fide academic and budget reasons, the most appropriate of the possible courses of action to be taken, and the means of safeguarding faculty rights and interests, including tenure rights.

2. In section I: Clarification that all faculty will be notified and permitted to contribute to the review process[Tenured] Faculty in a program that is under consideration for abandonment or in an academic position that is under consideration for elimination will be notified and afforded an opportunity to contribute to the review process. The President will appoint a Review Committee, at least one-half of which will have membership of faculty members without current administrative duties. The Faculty Council shall provide the nominations for the faculty members and will supply at least twice the number of faculty nominations as required for the Review Committee.

3. In Section I: definition of “program” added.A program shall be defined as a planned, coordinated group of courses for a specific curricular goal.

4. In Section II, revision of language to conform to AAUP guidelines regarding tenured facultyIn sections 3.3, Review Consideration, and 3.4, Tenure Preference. The Exigency Committee next recommends specific positions to be eliminated. These recommendations should also be contained in a written report. The recommendations should be related to the Exigency Committee’s assessment of programs. If other officers of the university, such as deans or program chairs, are involved in identifying individuals whose appointments are to be terminated, the process for obtaining these recommendations should be described in the report. (continued)

The Exigency Committee will have available the personnel records of those being considered including current curriculum vitas, annual reports for the past six years, promotion committee reports and recommendations, and results of periodic performance reviews. It will have access to full personnel files. ( The tenure status of a faculty member shall not be a consideration in the determination of whether a particular position shall be eliminated except as permitted in Section 3.4 below.) The appointment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program would otherwise result. (continued)

Faculty whose positions would be jeopardized by the proposed actions will be provided the opportunity to contribute meaningfully to the Committee’s review process, including the ability to respond in writing to the recommendations.

( For section 3.4, Tenure Preference. If, in the opinion of the committee, two or more faculty members are equally qualified and capable of performing a particular teaching role, the faculty member or members having tenure shall be given preference over non-tenured faculty. However, if such faculty member has the same tenure status, consideration will be given to other documented needs of the institution.)