Termination and Dismissal

VII.  Termination and Dismissal of Faculty

The procedures described in this section shall apply in all cases, and only in such cases, in which the Administration seeks the Termination or Dismissal of a faculty member holding a tenured appointment at the College, or the Termination or Dismissal of a faculty member holding a probationary appointment at the College, prior to the end of such probationary faculty member’s term of appointment specified at the time such appointment was made.

A.   Definitions of Termination and Dismissal of Appointments by the College

1.   Termination refers to action that would cause employment to cease at the end of an academic year when a prior commitment had been made to continue employment beyond that year, as in the case of tenure.

2.   Dismissal refers to action which would cause employment to cease prior to the end of a specific contract year, for instance, at mid-term of a year or during a semester.

3.   Termination and Dismissal shall not be used for the purpose of restraining faculty members in their exercise of academic freedom or their other rights as United States citizens; however, neither the privileges of academic freedom nor the rights of Unites States citizens shall preclude Termination or Dismissal in circumstances where the actions of a faculty member are found to be in violation of provisions (other than with respect to academic freedom) set forth in this Handbook.

B.   Termination and Dismissal only for Adequate Cause

1.   Termination or Dismissal (1) of an appointment with tenure or (2) of a special or probationary appointment, before the end of a specified term, may be effected by the College only for adequate cause.  Adequate cause shall include the following:

a.   A state of financial exigency at the College, validly found and declared to exist pursuant to provisions set forth in Section VII.B.2. of this Handbook.

b.   The discontinuance of an academic department or program, if and only if such discontinuance was effected pursuant to procedures set forth in Section VII.B.3. of this Handbook.

c.   Clear and convincing medical evidence that the faculty member is unable to discharge her/his required duties pursuant to procedures set forth in the Section VII.B.4. of this Handbook.

d.   Professional unfitness or incompetence pursuant to procedures set forth in Section VII.B.5. of this Handbook.

e.   Willful misconduct pursuant to the procedures set forth in Section VII.B.6. of this Handbook.

f.   Conduct of a Continuing Duration pursuant to the procedures set forth in Section VII.B.7. of this Handbook.

(i)   Conduct proscribed by the Albright College Faculty Policy on Harassment and Abuse as set forth in Appendix B. of this Handbook pursuant to the procedures set forth in Sections VII.B.8. and VII.B.9. of this Handbook.

(ii)  Felonious conduct pursuant to the procedures set forth in Section VII.B.10. of this Handbook.

2.   Financial Exigency

a.   The College shall have the right, following a valid declaration that the College is in a condition of financial exigency, to terminate certain contractual obligations of the College.

b.   A state of financial exigency may be validly declared to exist at the College if and only if, in the good faith determination of the College, for the 12 month period beginning at the Effective Date:

(i)   The operating costs required to fulfill existing College financial obligations and to fund such discretionary spending as is required to maintain the College’s then current academic and extra-curricular programs without material reduction in content or quality.

(ii)  Exceed the guaranteed and reasonably projected revenue from all sources including student tuition, government and private grants, gifts and loans.

(iii) By an amount that is greater than the amount of funds that could be taken from reserve funds or the principal from the College’s endowment.

(iv) Without imprudently and in disregard of sound business and financial judgment exercised in accordance with generally accepted principles of academic management.

(v)  Creating the unacceptable risk that the College would be unable to maintain its then current academic and extra-curricular programs without material reduction in content or quality without continued deficits in its annual operating budgets.

c.   The faculty acknowledges that the valid declaration of the existence of a state of financial exigency is the prerogative solely of the Trustees of Albright College and that applicable law and the College’s governing regulations authorize the Trustees to make such a declaration at their sole discretion, provided that such discretion is exercised in good faith compliance with each and every provision of this Section VII.B.

d.   In addition to the judgment of the Trustees, a valid declaration of a state of financial exigency at Albright College requires substantial, good faith compliance with each and every provision of this Section VII.B.2. by all administrative and faculty bodies and persons whose actions are required by this Section VII.B.2.

e.   The determination that the College is in a condition of financial exigency requires a good faith, soundly reasoned subjective analysis of accurately stated empirical facts in a manner consistent with generally accepted financial principles fairly applied to the specific circumstances of the College.

f.   In all instances in which anybody or person is required by the provisions of this Section 1 to take any action, reach any judgment, provide any recommendation or make any decision (all such actions being collectively referred to herein as an “Action” or, in the plural, as “Actions”), such body or person, as the case may be, shall prior to taking any such Action be provided with all financial and other data relevant to the Action by the body or person called upon to take Action and by any other body, person, agent or employee of the College possessing or otherwise being aware of such relevant financial or other data, whether of an historic or forward looking nature; in all events, all data, financial or otherwise, and whether historic or forward looking (henceforth the “Relevant Data”) in the possession or control of one body or person shall be provided to all other bodies and persons required by the provisions of this Section 1 to take any Action as a condition precedent to the valid declaration of a state of financial exigency.

g.   The following procedure shall be followed in order for a state of financial exigency to be validly declared to exist at the College:

(i)   Both the President of the College and the Trustees of the College shall have the right to direct the initiation of such a procedure.

(ii)  The Vice President for Administration and Finance (henceforth the “Vice President”) shall prepare, sign, and provide the President with a report (the Vice President’s Report”) setting forth:

All relevant data.
A statement whether, in his or her opinion, the Relevant Data permit the valid declaration of a state of financial exigency.

If in the opinion of the Vice President the Relevant Data do not permit the valid declaration of a state of financial exigency, a detailed recommendation of revenue increasing and cost reducing measures to be taken by the College without the declaration of a state of financial exigency.

If in the opinion of the Vice President the Relevant Data do permit the valid declaration of a state of financial exigency, a statement either recommending the declaration of a stage of financial exigency or recommending against a declaration of a state of financial exigency, and in either event a detailed recommendation of revenue increasing and cost reducing measures to be taken by the College.

(iii)  After such review and study of the Vice President’s Report as the President deems proper, the President shall transmit the President’s Report to the Faculty Executive Committee.

(iv)  The President’s Report shall include:

A true and complete copy of the Vice President’s Report as such Report was signed and provided to the President by the Vice President.

All Relevant Data in possession, custody or control of the President or otherwise relevant to the President’s Recommendation (as defined below) and not included in the Vice President’s Report.

The President’s statement, made with particularity and with demonstrated adequate consideration of each and every statement with the Vice President’s Report either recommending that a declaration of financial exigency be made or recommending that a declaration of financial exigency not be made and, in either event, setting forth with particularity such steps as the President recommends be taken by the College to reduce operating costs and increase operating revenue and the endowment.

(v)  The Faculty Executive Committee, including such subcommittees of the FEC as the FEC deems proper and in consultation with such persons and bodies within and without the College as the FEC deems appropriate, shall give adequate consideration to the President’s Report, which consideration shall include:

Detailed questioning in executive session of the President, the Vice President, and any person or persons relied upon by the President or Vice President in preparation of the President’s or Vice President’s Report.

Such meetings of the full faculty as are deemed necessary by the FEC.

The advice of such legal, financial and other expert consultants as the FEC shall request.

(vi)  After such review and study of the President’s Report as the FEC deems proper, the FEC shall transmit the FEC’s Report to the President and to each member of the faculty.  The FEC Report shall include such steps as the FEC recommends to be taken by the College and be forwarded to the Board of Trustees along with the Report of the President.

(vii) Trustee Action

In exercising their discretion, the Trustees shall give adequate consideration to the Vice President’s Report, the FEC Report, the President’s Report and to all relevant data.  At the conclusion of the Trustees consideration their decision shall be reported to the Vice President for Finance and Administration, the Chief Academic Officer, the President and the FEC.

(viii) If a condition of Financial Exigency has been validly declared by the Board of Trustees, and if this leads to the discontinuance of an academic department or academic program of study, such discontinuance will be pursued according to the provisions in Section VII.B.3. of this Handbook.

3.   Discontinuance of an academic department or program.

a.   Discontinuance of an academic program is affected pursuant to the general policies set forth in Section VII.

b.   Should the program discontinuance result in the Termination or Dismissal of either 1) an appointment with tenure, or 2) a probationary appointment before the end of the term of the appointment, then the procedures described below in Section VII.C. shall be followed.

The Chief Academic Officer and the FEC shall prepare a report that includes the criteria, data, and full information supporting their proposed elimination of an academic department or program.  Educational and financial considerations shall be given equal weight.  Educational and financial considerations shall reflect long run judgments concerning the educational mission of the College as whole rather than short-term, cyclical, or temporary conditions.

If the FEC and the Chief Academic Officer cannot reach a consensus report, then separate reports shall be prepared.

(i)   All reports shall be forwarded to the President.

(ii)  The Board of Trustees will make a decision upon adequate consideration of the report(s).

(iii) In all cases involving the Termination of a faculty position of either a tenured or non-tenured nature, the following guidelines are to be followed:

(a)   The appointment of a faculty member with tenure will not be terminated in favor of a member without tenure except in circumstances in which an academic program of the College would be seriously affected.  A non-tenured person may be retained instead of a tenured person if it is demonstrated that the former exhibits professional background and instructional skills essential to a position that one or more of the latter does not possess.

(b)   Before Termination in the case of tenured persons, every effort will be made to place such a person in another position of the College appropriate to his or her abilities or capabilities given reasonable retraining for such a position.  In the event this is not possible, every effort will be made to assist such a person in securing a position in another college or university.  These same services may be extended to persons on probationary or non-tenured contracts but are not to be considered to be mandatory.

(c)   In all cases previously agreed upon, guidelines of notice of Termination of contract will be followed (at least three months notice in the first year of appointment, or March 15; at least six months notice in the case of second year of appointment or December 15; and at least one year notice for those who have completed a minimum of two years of service.

(d)   If a faculty member’s position is terminated because of elimination of a department or a program, the position cannot be filled within a three-year period unless it is first offered to the former staff member.  The position may be refilled with another person if the teaching job description and qualifications have been substantially altered in the interests of improvement of the academic program and the formerly employed person does not meet the qualifications.

(iv)  Appeal Procedures

As part of the normal process of consultation in all matters involving recommendations for Termination of contract, action not to replace a position vacated by death or retirement, or action to eliminate programs or staff for reasons either of financial exigency or other considerations, the Chief Academic Officer will communicate to that group involved with long-range planning any such proposals under consideration.  This group will be given the privilege of reviewing such proposals prior to any final decision from the perspective of their impact upon the future plans of the College and forward to the President any opinions or recommendations for consideration it deems appropriate.

Any faculty member whose appointment is terminated by any of the above procedures may be given the right to appeal such action to the Academic Affairs Committee of the Board of Trustees, provided he or she initiates such an appeal within a fifteen-day calendar period following notification of such Termination.

The request for such an appeal action should be given in writing to the President of the College within the period indicated above.  The President will in turn make arrangements for the hearing of such an appeal before the Academic Affairs Committee of the Board of Trustees within a period not to exceed fifteen calendar days.

The faculty member may place before the Committee any data pertinent to his or her appeal and may request the presence of one other person that he or she wishes to invite for support or assistance in such an appeal.

The Chief Academic Officer shall be responsible for presentation of all considerations involved in such a decision considered to be appropriate and to review reasons for any actions taken.

Having studied such an appeal, the Academic Affairs Committee of the Board of Trustees will report its findings to the Board of Trustees for a final determination.

4.   Termination for Medical Reasons

a.   Termination of a tenured appointment or of a non-tenured appointment before the end of the period of appointment, for medical reasons, shall be based upon clear and convincing medical evidence that shall, if the faculty member so request, be reviewed by the Faculty Executive Committee before a final decision is made by the Board of Trustees on the recommendation of the President of the College.

b.   No action with respect to a faculty member shall be taken that is violative of the provisions of the Americans with Disabilities Act, the administrative rules and regulations promulgated under and pursuant to the authority of the Act, or any applicable statue, rule, or regulation of the Commonwealth of Pennsylvania, and nothing set forth in the Handbook shall be interpreted to permit, require, call for, or condone any such action.

5.   Professional Unfitness, Incompetence or Neglect of Duty

a.   Termination of a tenured appointment or of a non-tenured appointment before the end of the period of appointment, for professional unfitness and incompetence, shall be based upon clear and convincing evidence that shall, if the faculty member so request, be reviewed by the Faculty Executive Committee before a final decision is made by the Board of Trustees on the recommendation of the President of the College.

b.   Adequate cause for Termination or Dismissal for professional unfitness shall be related directly and substantially to the ability and willingness of the faculty member to discharge his or her teaching, advising and service obligations to the College, or his or her scholarly or professional work as such obligations and the expected nature and scope of such scholarly or professional work have been set forth in writing at the time of the faculty member’s initial appointment and revised, if at all over the course of time.

c.   Examples of Professional Unfitness or Incompetence may include, but are not limited to, fundamental lack of professional integrity as the presentation of false credentials, plagiarism, presentation of the work of another as one’s own, or the falsification of results obtained or procedures utilized in research.

6.   Willful Misconduct

a.   Found to have been intended:   

To preclude, and in fact to have precluded, the College’s ability to preserve its normal operational procedures; or

To destroy, and in fact to have destroyed, the proper function of the College; or

(i)   To disrupt, and in fact to have disrupted, the educational process at the College; or

(ii)  To materially and substantially interfere with, and in fact to have materially and substantially interfered with, such appropriate discipline in the operation of the College as is required to discharge the College’s responsibilities to its student; the families of its students; and/or its faculty, administration and staff.

b.   AND, for one of the list in Section 6.a. immediately preceding, found

(i)   To have been continuous in duration over a period of days AND

(ii)  To have continued after written instructions to end such conduct were delivered to the faculty member by the Chief Academic Officer or President of the College. OR expressly found to have been engaged in conduct, the intended and actual consequences of which: 1) are described by one or more of the provisions of Section 6.a. immediately above and 2) should reasonably be expected to result from even so brief manifestation of the conduct alleged as to preclude, as a practical matter, the prevention of such consequences by the faculty members’ response to instructions from the Chief Academic Officer or president to desist from the conduct charged.

c.   Examples of Willful Misconduct may include, but are not limited to theft or reporting to work under the influence of drugs and alcohol.

7.   Conduct of a Continuous Duration

a.   Found in fact to have caused one or more of the conditions set forth in Section VII.B.6.a. above AND to have been intentionally undertaken with reckless indifference to the probable consequences of such conduct for the College, its students, faculty, administration or staff, AND

b.   Found 1) to have been continuous in duration over a period of days AND 2) to have continued after written instructions to end such conduct were delivered to the faculty member by the Chief Academic Officer or President of the College OR expressly found to have been conduct the reasonably expectable and actual consequences of which (i) are described by one or more of the provisions of Section VII.B.6.a. above and (ii) should be reasonably be expected to result from even so brief manifestation of the conduct alleged as to preclude, as a practical matter, the prevention of such consequences by the faculty member’s response to instructions from the Chief Academic Officer or President to desist from the conduct charged.

8.   Conduct Proscribed by the Harassment and Abuse Policy

Conduct, including a single instance of such conduct, proscribed by Clauses I.B.6.7.8., and 9. of the Albright College Faculty Policy on Harassment and Abuse (“Policy on Harassment and Abuse”), as set forth in Appendix B of this Handbook.

9.   Repeated Instances of Conduct Proscribed by the Harassment and Abuse Policy

Conduct proscribed by Clauses I.B.1.2. of the Policy on Harassment and Abuse.  If such conduct is found to have occurred, and if the faculty was found to have engaged in a prior instance of conduct proscribed by  Clauses I.B.1.2 of the Policy on Harassment and Abuse, and was given written warning that a finding of having again engaged in any conduct proscribed by  Clauses I.B.1.2 of the Policy on Harassment and Abuse could be found to be adequate for Dismissal or Termination.  For Termination or Dismissal under this provision the faculty member must have received prior written warning regarding this behavior and repeated said behavior after receiving the written warning.

10.   Felonious Conduct

Felonious conduct is defined by applicable state or federal legislation, including a single instance of such conduct, for which a faculty member is found or pleads guilty or with respect to which the faculty member enters a plea of nolo contendere; provided, however, that upon the indictment or other formal imposition of charges of such conduct against a faculty member, the member may, but need not, be placed on administrative leave, at full pay, at the sole discretion of the President of the College, but such conduct shall not be grounds for Dismissal or Termination unless or until a final, non-appealable judgment of guilty is entered against the faculty member or the members pleads guilty or nolo contendere, and further provided, that in the event all charges of felonious conduct brought against the member are withdrawn or a judgment of not guilty is entered in favor of the faculty member, the faculty member shall be permitted to resume full, active participation in all aspects of the life of the College, and no adverse consequences shall be suffered by the member on the grounds of the conduct charged against him or her, or on the grounds of arrest or indictment therefore.

C.   Termination and Dismissal Procedures

1.   Termination or Dismissal of a faculty member with tenure, or with a special or probationary appointment before the end of the specified term

a.   Such termination or dismissal shall be preceded by discussions between the faculty member and appropriate administrative officer(s), including the Chief Academic Officer, seeking resolution of the dispute between the College and the faculty member on mutually agreed terms.

b.   If the discussions described in Section C.1.a. immediately preceding do not produce a mutually agreeable resolution, the President shall create, sign, and provide to the faculty member a written statement of the charges, framed with sufficient particularity to permit the faculty member to make a detailed response and refutation of any and all alleged facts and conclusions pertaining to these charges.   

2.   Termination or Dismissal Action Contested

a.   In the event that a faculty member against whom charges seeking Termination or Dismissal are made determines to contest before the FEC the sufficiency of the charges against him or her as grounds, under the provisions of the Handbook, for Termination or Dismissal, the member shall so advise the President and the chair of the FEC within two weeks of receipt of the written statement of the charges as per Section C.1.b. above.

b.   Within three weeks of the receipt of such notice, the chair of the FEC shall convene an executive session of the FEC, advised, should the FEC so choose, by legal counsel of the FEC’s choice, to review the general procedures applicable to adjudication of the dispute and to determine such specific procedures, consistent with the generally applicable procedures, for the adjudication.

c.   The FEC shall have broad discretion, within the constraints and obligations imposed by the general procedures, to determine the rules and procedures that shall govern the adjudication of the dispute.

d.   At the request of one of the parties, or on her/his own initiative, if an FEC member deems herself/himself disqualified for bias or interest, that FEC member shall remove herself/himself from the adjudication of the dispute and shall not be made privy to or participate in the review of any material put before the FEC or any discussion of the dispute by the FEC, and shall express no views regarding the dispute.  Each party shall have a maximum of two challenges.

e.   Evidentiary Hearing

(i)   In all events, a faculty member who has given timely notice to the FEC of his or her intention to contest the charges brought by the College shall have the right, but not the obligation, to contest such charges at an evidentiary hearing before the FEC as the sole tribunal.

(ii)  After consultation with the President and the faculty member the FEC shall determine whether the hearing is open or closed.

(iii) Both the faculty member and the College shall have the right, at such hearing and at all other stages of the adjudication.

(iv) The faculty member has the right:

(a)   To be represented by an advisor or his or her choice, who may be, but need not be, a licensed attorney; all payments, if any, required to be made to such representative, shall be borne by the party served by the representative to whom payment is owed.

(b)   To present, on his or her own behalf or through his or her representative, all evidence, whether in writing or through oral testimony, reasonably deemed relevant to the adjudication by the FEC, and to cross examine, to such extent and in such manner reasonably prescribed by the FEC, witnesses called by the other party.

(c)   To address argument to the FEC, on his or her own behalf or through his or her representative, with respect to any and all matters deemed by the FEC to be material to the adjudication of the dispute, and at such times and for such length of time as the FEC deems just and proper.

(v)  In the event that a witness called by one of the parties declines to appear or to answer one or more questions put to him or her, or in the event that documentary evidence sought by one of the parties is not provided by the other or by a third party, the FEC shall have full authority to determine the inference, if any, with respect to matters material to the adjudication of the dispute that the FEC shall draw from such event.  No such inferences shall be drawn if third parties are unwilling to participate in such an evidentiary hearing.

(vi)  It shall in all events be the obligation solely of the party wishing to have information examined by the FEC to place such information before the FEC, and to provide the other party with a true, correct and complete copy of all such information at the same time the information is provided to the FEC.

(vii) The FEC shall grant adjournments to enable either party to investigate evidence concerning which a valid claim of surprise is made.

(viii) At such time as the FEC, in its sole discretion, determines that presentations by the parties shall be concluded, the chair of the FEC shall state on the record that the hearing is then concluded and that the FEC shall meet to determine its ruling on the basis, and only on the basis, of:

(a)   The record of the adjudication as a whole, including the evidence admitted to the record by the FEC,

(b)   The statements made on the record by the parties or their representatives;

(c)   Written submissions of the parties made to and accepted by the FEC;

(d)   The oral testimony presented at the hearing and admitted to the record by the FEC; and

(e)   The various rulings made by the FEC, made known to the parties with opportunity for challenges thereto, prior to or at the hearing.

(ix)   An audio recording of the hearing or hearings shall be made.  Either party may have a court reporter at their own expense.

f.   Waiver of Hearing

(i)   In the event that the faculty member waives such a hearing, the FEC shall proscribe reasonable procedures for the submission to it, by both parties, of such information as the parties deem relevant to the proof or refutation of the charges and for the FEC’s adequate consideration of such material after submission.

(ii)  It shall in all events be the obligation solely of the party wishing to have information examined by the FEC to place such information before the FEC, and to provide the other party with a true, correct and complete copy of all such information at the same time the information is provided to the FEC.

g.   The burden of proof that adequate cause exists rests with the College and shall be satisfied only by clear and convincing of evidence in the record considered as a whole.

h.   The FEC shall not be bound by the rules of evidence promulgated by and binding in any judicial forum, and may admit any evidence that is of probative value in determining the issues.  The FEC shall make every possible effort to obtain such evidence as the FEC deems most reliable with respect to the facts for the proof or refutation of which the evidence is sought.

i.   The findings of fact and the decision shall be based solely on the hearing and/or written record.

j.   The members of FEC, and only such members (but accompanied, should they choose, by their counsel), who participated in the adjudication, including the hearing, if any, shall meet in executive session, at their earliest possible opportunity after the close of the hearing, for such time and on such occasions as the FEC deems necessary for the just and proper adjudication of the dispute, based on an adequate consideration of the record of the adjudication.

k.   At such time as the FEC has determined whether, in its judgment, adequate cause has been proven by the College, by clear and convincing evidence, the FEC shall prepare a written statement setting forth, first, its finding with respect to the proof or lack thereof of adequate cause, and second, an explanation of its determination, set forth with sufficient particularity to permit a determination of the presence or absence of adequate consideration by the FEC of the matters brought (or sought to be brought) before it. Such statement shall be signed and dated by all members of the FEC subscribing thereto.

l.   In the event that there is a minority opinion within the FEC with respect to the determination of proof or lack thereof of adequate cause, or with respect to the statement explaining such determination, the members of the FEC holding such minority view(s) shall subscribe their name(s) to a statement expressing the existence of such view(s) and such statement, if any, as such subscribers wish to make in support of or with regard to their own view(s) or those of the majority.

m.   The statement of the FEC, and any minority statement(s), shall be transmitted by the chair of the FEC simultaneously to the appellant faculty member and to the President.

n.   If the FEC states that it has determined that, in its judgment, adequate cause has not been proven by the College by clear and convincing evidence, the President, after adequate consideration of the FEC statement and of such matters in the record as are cited by the FEC in support of its judgment, shall advise the FEC and the faculty member whether the President accepts the judgment of the FEC and withdraws his or her charges against the faculty member. If the President determines to reject the finding of the FEC and declines to withdraw charges against the faculty member, the President shall so advise the faculty member and the FEC in a writing setting forth his judgment and the reasons for such judgment, stated with sufficient particularity to permit a determination of the presence or absence of adequate consideration by the President of the statement and support thereof put before him by the FEC.

o.   If the FEC states that it has determined that, in its judgment, adequate cause has not been proven by the College by clear and convincing evidence and the President advises the faculty member and the FEC that he or she declines to withdraw charges against the faculty member, the faculty member and the FEC shall have a period of 14 days during which both shall have the right to prepare and submit a written response to the President.  Copies of such response shall be provided to all parties.

p.   After considering the written response, if the President still declines to withdraw the charges, the President shall so advise all parties.

D.   Action by the Board of Trustees

1.   A Termination or Dismissal bthe President of the College may be appealed to the Board of Trustees by the affected faculty member after exhausting the remedies described in Section C. immediately above.

2.   If the faculty member wishes to appeal the President’s decision to the Board of Trustees, he shall give written notice of such intention to the President within FIVE (5) DAYS of actual, knowing receipt by the faculty member of the President’s final determination. Upon timely receipt of such notice, the President shall promptly transmit the notice of appeal to the Board along with his or her recommendation that the faculty member be dismissed or terminated for adequate cause proven. The President shall at the same time transmit to the Board of Trustees the entire record submitted to him by the FEC, along with such written responses, if any, as the President has timely received from the FEC or the faculty member. If a notice of appeal is not timely submitted to the President, the President shall promptly after expiration of the time permitted for such notice transmit to the faculty member a notice of Termination or Dismissal for adequate cause proven.

3.   If the faculty member has given timely notice of an intent to appeal to the Board, the Trustees’ review of the dispute shall, after adequate consideration by the Board of the record transmitted to it, and pursuant to such procedures as the Board shall at their reasonable discretion determine, permit both the faculty member and the President, or their respective counsel or other representatives, to be heard in opposition to or in support of the President’s of Dismissal or Termination recommendation.

4.   The decision of the President shall either be sustained, or the matter returned to the President with a statement setting forth specific objections, questions and/or recommendations with respect to any aspect of the dispute. A copy of such statement shall be transmitted to the faculty member by the Board at the same time as the statement is transmitted to the President.  The President, if asked to do so, shall then reconsider his decision through deliberations with the FEC, at which time adequate consideration shall be given by the President and the FEC to each and every specific objection, question and/or recommendation set forth by the Board of Trustees and to all matters, if any, in the record (or to the absence from the record of any matters) cited by the Board in their statement. In the event that the Board asks for additional evidence as to any matter, or in the event that the President or the FEC determine that additional evidence is needed in order to give adequate consideration to one or more of the matters set forth by the Board in its statement, the FEC shall so advise the faculty member and shall establish fair, just and reasonable procedures for the presentation of such evidence, in the first instance to the FEC and then by transmittal to the President.

5.   After giving adequate consideration to all matters raised by the Board and/or in the course of deliberation with the FEC and/or to such new evidence, if any, as is received into the record by the FEC, the President shall transmit to the Board of Trustees, the faculty member and the chair of the FEC her/his conclusion following reconsideration, along with all additional material, if any, admitted to the record by the FEC, and along with a statement setting forth the grounds for her/his conclusion with sufficient specificity to permit an independent determination of the presence or absence of adequate consideration by the President of all matters raised by the Board.

6.   In the event that the President concludes after reconsideration not to withdraw the charges against the faculty member, the faculty member shall have SEVEN (7) DAYS after receipt of notice thereof within which to submit his or her own response to the Board’s statement.

7.   After receipt of the President and faculty member’s statement, or at the expiration of the time within which the faculty member’s statement may be submitted, which ever first occurs, the Board of Trustees shall make its final decision after adequate consideration of the President’s and Faculty Executive Committee’s reconsideration, including any additional evidence submitted therewith, and, if timely submitted, of the faculty member’s response to the Board’s statement.  The Board’s decision is final.

E.    Terminal Salary or Notice

1.   If the appointment is terminated, or if the faculty member is dismissed, he/she shall receive her/his salary and notice in accordance with the schedule of notice to which faculty are entitled under VI. or, if he/she has tenure, for at least one year.

2.   The provision for salary or terminal notice stated immediately above in VII.E.1. need not apply in the event that there has been a finding that the conduct involved Willful Misconduct, described in VII.B.5.6.7.8.9., in which case the President, shall determine when, if any, payment shall be made beyond the effective date of the Termination or Dismissal, taking into account the length and quality of service of the faculty member.