4.10 Termination of Tenure

4.10.2C Expedited Procedures for Termination for Adequate Cause or Suspension Without Pay for Misconduct

In the following cases of alleged misconduct by a faculty member, the president, after consulting with the provost and the president of the Faculty Senate, may invoke an expedited procedure to accomplish termination or suspension without pay for Adequate Cause:

1. alleged misconduct involving:
   1. acts or credible threats of harm to a person or university property; or
   2. theft or misappropriation of university funds, property, services, or other resources,
      
      
      OR
      
      
2. indictment by a state or federal grand jury, or arrest and charge pursuant to state or federal criminal procedure, for:
   1. a felony; or
   2. a non-felony directly related to the fitness of a faculty member to engage in teaching, research, service, or administration.
      
      

Under the expedited procedure, the faculty member shall be offered the following process before termination or suspension without pay:

1. a written notice of the charges;
   
   
2. an explanation of the evidence; and
   
   
3. an informal opportunity to refute the charges in a meeting with the president.

After termination or suspension without pay, the faculty member shall be offered the full range of due process options available to faculty members under the Adequate Cause proceedings set forth in Section 4.10.2A(7)(c) or Section 4.10.2B(5)(c) of this handbook, except that the termination or suspension without pay shall not be stayed pending the outcome of an ad hoc hearing committee if the faculty member elects that method of contesting the action.

If the university’s final determination after either a UAPA proceeding or a tribunal proceeding is favorable to the faculty member and concludes that the faculty member should not have been suspended without pay or that the faculty member’s employment should not have been/should not be terminated for Adequate Cause, then full restitution of salary, academic position probationary period lost time, and tenure lost during the suspension without pay or termination will be made.