Termination

1. Full-Time Non-Tenure Track Faculty: Limestone may terminate the employment of anyone in this group of faculty without stated sufficient reason at any time.  When the annual appointment of faculty in this group will not be renewed, Limestone will endeavor to give written notice of non-renewal with as much advanced notice as possible. If a faculty member’s appointment is not renewed, the faculty member’s appointment will be honored through the end of the stated appointment expiration date. Faculty in this group have no right to appeal the termination of their employment.  
2. Full-Time Tenure Track Faculty in their first three years of service: Limestone may terminate the employment of anyone in this group of faculty for any reason and at any time.  When the annual appointment of faculty in this group will not be renewed, Limestone will endeavor to give written notice of non-renewal with as much advanced notice as possible. If a faculty member’s appointment is not renewed, the faculty member’s appointment will be honored through the end of the stated appointment expiration date. Faculty in this group may appeal the termination of their employment for any reason other than non-renewal in writing to the President within 30 calendar days of the date they are notified of termination of employment.  The President may perform any review or investigation the President deems necessary and will give written notice of the decision on appeal.  The President’s decision on appeal will be Limestone’s final decision on the termination.  
3. Full-Time Tenure Track Faculty with more than three years of service: Limestone may terminate the employment of anyone in this group of faculty upon notice of non-renewal or upon a determination that “sufficient reason” exists.  Non-renewal of appointment may be for any reason and Limestone will provide notice of non-renewal by December 1. If a faculty member’s appointment is not renewed, the faculty member’s appointment will be honored through the end of the stated appointment expiration date.  Faculty in this group may not appeal non-renewal of their appointment. The Dean of the College makes the initial determination that sufficient reason exists and recommends termination to the Provost who makes the final decision on termination.  Sufficient reason may include, but is not limited to:
   1. 1. Failure of performance to a degree deemed by the Provost in consultation with the applicable Academic Dean, neglect of duty or unwillingness to meet the required duties regardless of procedures in the Evaluation of Faculty Policy;
      2. Insubordination, including failure to comply with lawful directives of supervisors or the administration;
      3. Repeated failure to maintain collegiality with faculty, staff, or the administration, regardless of the circumstances;
      4. Ethical misconduct, including academic dishonesty and all other forms of dishonesty;
      5. Loss of licensure for any period of time;
      6. Being charged with a felony;
      7. Any action incompatible with the ideals and/or Mission of the University;
      8. Violation of the Harassment Policy, including but not limited to, sexual harassment or misconduct;

This group of faculty may appeal the determination of “sufficient reason” in writing to the President within 30 calendar days of the date they are notified of termination of employment.  The President may perform any review or investigation the President deems necessary and will give written notice of the decision on appeal.  The President’s decision on appeal will be Limestone’s final decision on the termination.

4. Tenured Faculty:  Tenure will be granted judiciously and requires approval by the Board of Trustees or a committee thereof as the Board may determine from time to time.  Currently, tenure recommendations require approval by the Board of Trustees’ Committee on Academic and Student Affairs and the full Board of Trustees.  
   1. Reasons for Termination of Tenured Faculty: Except as otherwise stated herein, tenured faculty can only be subject to termination for: financial exigency, academic program changes, the inability to teach, including with reasonable accommodation, due to medical circumstances, and “sufficient reason.” Sufficient reason may include, but is not limited to:  
      1. Failure of performance to a degree deemed by the Provost in consultation with the applicable Academic Dean, neglect of duty or unwillingness to meet the required duties regardless of procedures in the Evaluation of Faculty Policy;
      2. Insubordination, including failure to comply with lawful directives of supervisors or the administration;
      3. Repeated failure to maintain collegiality with faculty, staff, or the administration, regardless of the circumstances;
      4. Ethical misconduct, including academic dishonesty and all other forms of dishonesty;
      5. Loss of licensure for any period of time;
      6. Being charged with a felony;
      7. Any action incompatible with the ideals and/or Mission of the University;
      8. Violation of the Harassment Policy, including but not limited to, sexual harassment or misconduct;  
   2. Process for Termination of Tenured Faculty for Sufficient Reason:
      1. Allegations and evidence of Sufficient Reason to terminate the employment of the tenured faculty member may originate from a variety of sources.  Regardless of the origin of the source the Provost will determine and gather the information the Provost deems necessary to recommend termination of employment for Sufficient Reason.
      2. The Provost and tenured faculty member will meet without representatives to attempt resolution of the matter.  The Provost may impose requirements of the faculty member in order to resolve the matter.
      3.  If the matter is unresolved or the faculty member refuses or fails to meet requirements imposed as determined by the Provost, then the Provost will present the matter to the President with the Provost’s recommendation for disciplinary action and recommendation as to whether the faculty member can effectively perform his/her duties without being removed from his/her position pending the President’s decision and the post-decision appeal.
      4. The President has complete authority and discretion to gather any additional information the President deems necessary to address the matter, and may engage the assistance of others internally or externally to assist in the information gathering process.  At any point in the President’s consideration of the matter, the President will meet with the faculty member, accept written evidence or information provided by the faculty member, and will interview all witnesses offered by the faculty member, within reason.  The President will inform the faculty member of the decision on termination.  Upon continued employment, the President may impose discipline and/or conditions of continued employment.  Upon termination of employment, the President will provide a written explanation of the specific matters resulting in the decision, the facts relied on, and the President’s assessment thereof.  The tenured faculty has no right to appeal discipline or conditions of continued employment.  The tenured faculty may appeal termination of employment in writing via email to the President within 30 calendar days of receipt of the President’s written explanation of termination.  The tenured faculty member may be relieved of all duties during the appeal.       
   3. Appeal of Tenured Faculty Termination:  Within 48 hours of receipt of the tenured faculty member’s appeal, the President will provide the appeal to the Coordinating Committee, which will appoint an Appeals Committee.  The Appeals Committee will consist of five members, which may include Academic Deans (but not the Dean of the faculty member’s college) and tenured or tenured track faculty with more than three years of service.

The President will provide all information relied upon in making the termination decision to the Appeals Committee within seven (7) calendar days of formation of the Appeals Committee, which will include all evidence presented by the tenured faculty member.  The Appeals Committee will meet with the President and separately meet with the tenured faculty member.  The Appeals Committee may obtain any additional information it deems necessary and may interview witnesses.  Within 45 calendar days of being formed, the Appeals Committee will meet in private to vote openly (not anonymously) on the appeal, and will report to the President in writing the number of votes in support of termination and the number of votes against termination along with an explanation.  The Appeals Committee may also recommend alternative discipline, sanctions, or conditions of continued employment.

The President may meet with and/or question the Appeals Committee (as a group) about their findings, vote, and recommendations.  The President will confer with the Provost.  The President will then make the final decision on termination of the tenured faculty member’s employment and any discipline, sanctions, and/or conditions of employment if the President allows continued employment.     

5. Financial Exigency and Academic Program Changes:
   1. All faculty, including tenured faculty, may lose employment due to financial exigency or changes in an academic program.   
   2. Financial Exigency: Financial exigency is an imminent financial crisis that threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means, as declared by the Board of Trustees. In the event of financial exigency, the Provost and the Academic Deans will seek input from the faculty and will make a recommendation to the President regarding the reduction of faculty. The President, with advanced notice to the Committee on Academic and Student Affairs of the Board of Trustees, will decide which faculty to reduce.  No advanced notice is required for termination of faculty based on financial exigency, however, Limestone will endeavor to provide faculty with as much advanced notice as possible.  
   3. Academic Program Changes: The Provost, with input from the Academic Deans, will continuously evaluate student demand for the academic programs in conjunction with Limestone’s mission, vision, curricular or strategic direction, or financial best interest.  With input from the Academic Deans, the Provost may recommend changes to academic programs including the addition, elimination, or adjustments in faculty positions within, those programs, to the President at any time.  Likewise, the President may recommend the same categories of academic program changes for consideration by the Provost, and with input from the Academic Deans. Limestone will attempt to make decisions regarding faculty impacted as a result of academic program changes in order to be able to communicate those changes by December 1^st.  Tenure status will be considered when Limestone’s changes to an academic program do not result in the elimination of the entire program. The President must approve all changes to academic programs. 

When changes result in the termination of faculty, including tenured faculty, faculty will be given as much advanced notice as possible at the President’s discretion.  Limestone will consider whether impacted faculty are the best candidates for any open existing, or newly created, faculty positions and if so, will offer them those positions first. If a tenured faculty member’s position is eliminated due to academic program changes, then in the event the eliminated position is reinstated within the same department, the tenured faculty member will be given first priority for that position for three years.

6. Tenured Faculty Who Cannot Teach Due to Personal Medical Circumstances
   1. Tenured faculty who cannot teach their full course load, with or without reasonable accommodation, due to their own medical circumstances may be terminated, pursuant to applicable law, without regard for their tenured status. Tenured faculty with legally qualifying disabilities will be given the same considerations of reasonable accommodation as all other employees, as required by law.