/Institutions/Keuka-College/json/2025-2026/Faculty-Handbook-local.json

/Institutions/Keuka-College/json/2025-2026/Faculty-Handbook.json

Article I - Sanctions and Terminations

The guidelines and expectations set forth in this section shall inform and govern procedures relative to separation/termination of faculty and the grievance processes that result from those separations/terminations, except in catastrophically disruptive or extraordinary circumstances that by reasonable measure immediately threaten the College's ability to operate. Examples of catastrophically disruptive circumstances include (but are not limited to) pandemics, war, a terrorist act that has a demonstrable effect on the College, and a generalized lack of availability of raw materials or energy, that directly threaten the College's ability to operate in furtherance of its mission. These circumstances shall not include typical financial distress nor the inability of the College to generate an annual budget surplus. Furthermore, should these catastrophically disruptive circumstances occur, the president of Keuka College must demonstrate to the Faculty Liaison Committee in writing, using verifiable data and specific details, why the guidelines and expectations set forth in Part D - Article III and items in this article related to Termination of Appointment Due to Financial Exigency and Staff Reduction and Termination of Appointment Due to Discontinuance of Program or Department Not Mandated by Financial Exigency shall not inform and govern procedures relative to separation of faculty and the grievance processes that result from those separations.

Absent the above described and specific circumstances, and absent a written demonstration to the Faculty Liaison Committee by the president of Keuka College described above, the procedures delineated in the items Part D - Article III and Part E - Article I items Termination of Appointment Due to Financial Exigency and Staff Reduction and Termination of Appointment Due to Discontinuance of Program or Department Not Mandated by Financial Exigency of the Faulty Handbook will govern any faculty separations, as well as the grievance processes that result from those separations.

SECTION 1 - Sanctions Other than Termination

1. Minor Sanction - If the administration believes that the conduct of a faculty member justifies imposition of a minor sanction, such as a reprimand, it shall notify the faculty member regarding the basis of the proposed sanction and provide them with the opportunity to persuade the administration that the proposed sanction should not be imposed.
2. Major Sanction - If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave, it may impose a severe sanction, such as unpaid suspension from service for a stated period.

SECTION 2 - Termination of Appointment by the Institution for Cause

Faculty members terminated for cause shall not be entitled to any severance pay or advance notice. Termination of an appointment with continuous tenure, or other faculty members, including those on special appointment are entitled to due process as outlines in provision one and two below. All nonspecial appointment faculty (e.g., tenured and tenure-track faculty, librarians, instructors, and clinical faculty) are also entitled to provision three and four.

1. Adequate cause for dismissal will be related directly and substantially to the fitness of the faculty member in their professional capacity as a teacher or researcher. However, violation of College policies involving safety, anti-harassment, anti-discrimination, anti-retaliation, poor attendance (excluding legally protected absences), violating agreements or conditions of employment, or violating any applicable laws, rules, ordinances, or regulations may also constitute cause. Dismissal will not be used to restrain faculty members in the exercise of academic freedom or other legal rights.
2. If it deems appropriate, the College may precede the termination decision with the following steps:
   1. A discussion between the faculty member and appropriate administrative officers looking toward a mutual settlement.
   2. If the decision is made to proceed with the dismissal, a statement of charges should be framed with reasonable particularity by the president of their delegate.
3. Pending a final recommendation by the review panel, the faculty member will be suspended, or assigned to other duties in lieu of suspension, where the College has any reason to believe that immediate harm to themself or others is threatened by their continuance. The College will determine the length and severity of the suspension or other sanctions.
4. Salary during the period of suspension is at the discretion of the College.

SECTION 3 - Termination of Probationary Appointment

The purpose of a probationary appointment is to provide time for the faculty member to grow into their position at the College and create an academic routine consistent with the level of scholarship and professional development, teaching, and service expected of the Keuka College faculty.

1. If a probationary appointment is not going to be renewed, the faculty member will be informed of that recommendation or decision in writing by the body or individual making the initial recommendation or decision.
2. Notice of nonreappointment must be given to the faculty member in advance of the expiration of their appointment as follows:
   1. No later than May 1 for reappointment;
   2. Not later than June 15 for tenure and promotion.
3. The probationary faculty member may request that they be advised of the reasons that contributed to that decision.
4. If the faculty member so requests, the reasons given in explanation of the nonrenewal will be confirmed in writing by the body or individual making the initial negative recommendation or decision.
5. Within two weeks of receiving the decision not to reappoint, or two weeks after receiving written explanation of the reasons of nonrenewal, if so requested, the faculty member may request reconsideration by the recommending or deciding body.
6. If the faculty member alleges that inadequate consideration (e.g., procedural issues) significantly contributed to a decision not to renew the appointment, their allegation will be considered by the appointed review panel, which shall make recommendation to the provost and president as outline in Part A - Article III - Section B. In so far as the petition for review alleges inadequate consideration. the functions of the appointed review panel, which reviews the faculty member's position, should be the following:
   1. To determine whether the decision was the result of adequate consideration, with the understanding that the review panel should not substitute its judgment  for that of the Professional Standards Committee.
   2. To request consideration by the Professional Standards Committee  when the review panel believes that adequate consideration was not given to the faculty member's qualifications.
   3. To provide copies of its report and recommendation to the faculty member, the body, or the individual who made the decision, and the president or other appropriate administrative officer.
   4. All materials used for review will be kept in the evaluation file until the evaluation process is complete, at which time they will be moved to the faculty member's personnel file in the Office of the Provost.  
7. If the faculty member on probationary or other nontenure appointment alleges that a decision not to reappoint was based significantly on consideration violative of (1) academic freedom, or (2) governing policies on making appointments without prejudice with respect to legally protected classes, the allegation will be given preliminary consideration by the review panel, which will seek to resolve the matter.
   1. The allegation must be presented with a statement that the faculty member agrees to the presentation of such reasons and evidence that the decision-making bodies had complied in support of its decision.
   2. If the difficulty is not resolved at this state, the matter will be heard in formal proceeding by the review panel. The faculty member making the complaint is responsible for stating the grounds upon which they base their allegations, and the burden of proof shall rest upon the faculty member. If the faculty member succeeds in establishing a prima facie case, it is incumbent upon those who made the decision not to reappoint them to come forward with evidence in support of their decision.
8. In all cases where inadequate consideration is involved, or where issues of academic freedom or prejudice are alleged, or where notice of reasons, standards, and criteria relative to the probationary period are involved, the faculty members are to be guided by the policies and procedures described in the Employee Handbook with respect to formal proceedings, nondiscrimination, and any applicable state and federal laws, rules, ordinances, and regulations.

SECTION 4 - Termination of Other Nontenure-Track Faculty

1. Those faculty with nontenure-track appointments who establish a case to the satisfaction of the Faculty Liaison Committee that a decision not to reappoint, outside of the contract terms, was based significantly on consideration violative of academic freedom shall be entitled to a review panel as described in Part A - Article III - Section 8.
2. All the above faculty should have access to the review panel to hear their case.

SECTION 5 - Termination for Medical Reasons

Termination of an appointment with tenure, or of a probationary or special appointment before the end of the period of appointment, for medical reasons will be based upon clear and convincing medical evidence that the faculty member cannot continue to fulfill the essential duties of the appointment (with or without reasonable accommodation).

1. The decision to terminate will be reached only after there has been appropriate consultation and after the faculty member concerned, or someone representing the faculty member, has been informed of the basis of the proposed action and has been afforded an opportunity to present the faculty member's position and to respond to the evidence.
2. If the faculty member so requests, the evidence will be reviewed by the Office of Human Resources before a final decision is made by the Board of Trustees on the recommendation of the president.
3. The faculty member may be given severance salary as prescribed in the Procedures Relating to Termination of Employment in Section 10.

SECTION 6 - Termination of Appointment Due to Retirement

A faculty member may express their intent to retire at the end of an academic year, provided that they give notice in writing at the earliest possible opportunity but not later than May 15 or 30 days after receiving notification of the terms of their appointment of the academic year, whichever date occurs later. In exceptional circumstances, the faculty member may ask the appropriate offices of the institution to waive this requirement, but they should conform to the College's decision.

Multi-year faculty retirement agreements may be negotiated between the individual faculty member and the provost in consultation with Human Resources.

Faculty should review the emeritus section of this handbook to review qualifications for that special status.

SECTION 7 - Termination of Appointment by the Faculty Member

A faculty member may terminate their appointment effective at the end of an academic year, provided they give notice in writing at the earliest possible opportunity but no later than May 15 or 30 days after receiving notification of the terms of appointment of the academic year, whichever date occurs later. In exceptional circumstances, the faculty member may ask the appropriate officials of the institution to waive this requirement, but they should conform to the College's decision. A faculty member's decision to violate the terms of their employment contract may carry imposed institutional sanctions.

SECTION 8 - Termination of Appointment Due to Discontinuance of Program or Department not Mandated by Financial Exigency

1. When discontinuance of a program, department, or discipline is mandated by financial exigency of the institution, the standards of Part D will apply. When discontinuance of an appointment with continuous tenure, or of a probationary or specified appointment before the end of the specified term, occurs as a result of a bona fide formal discontinuance of a program or department of instruction, the following standards and procedures will apply.
   1. The decision to formally discontinue a program or department of instruction will be based essentially upon educational considerations, as recommended by the faculty as a whole with appropriate recommendation from the Curriculum Committee, with the final decision resting with the Board of Trustees. Educational considerations do not include cyclical or temporary variations in enrollment. They must reflect long-range judgments that the educational mission of the institution as a whole will be enhanced by the discontinuance.
   2. Before the administration issues notice to a faculty member of its intention to terminate an appointment because of formal discontinuance of a program or department of instruction, the institution will make every effort to place the faculty member concerned in another suitable position for which that individual is qualified. If placement in another position would be facilitated by a reasonable period of training, at the College's sole discretion, financial and other support for such training may be offered. If the College determines that no suitable position is available with the institution, with or without training, the faculty member's appointment then may be terminated as described in Procedures Relating to Termination of Employment in Section 10.
   3. A faculty member may appeal a proposed relocation or termination resulting from a discontinuance and has a right to request full proceedings before the review panel.

SECTION 9 - Termination of Appointment Due to Financial Exigency and Staff Reduction

Termination of an appointment with continuous tenure, or other faculty member before the end of the specified term, may occur under extraordinary circumstances, or because of a demonstrably bona fide financial exigency (e.g., an imminent financial crisis that threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means).

1. If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial exigency, the faculty member will not have the right to full proceeding by the review panel.
2. If the institution, because of financial exigency, terminates appointments, it will not at the same time make new appointments except in circumstances where other programs, student learning or experience, or operations will be adversely affected by the vacancy.
3. 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 result.
4. In any cases of termination of appointment because of financial exigency, the faculty member concerned will be given notice or severance salary in accordance with Procedures Relating to Termination of Employment.
5. In all cases of termination of appointment because of financial exigency, the place of the faculty member concerned will not be filled by a replacement within a period of one year, unless the released faculty member has been offered reinstatement and a reasonable time in which to accept or decline it.

SECTION 10 - Procedures Relating to Termination of Employment

The president will be available for ultimate review in case of termination of appointment.

1. If the appointment is terminated, the faculty member will receive salary or notice as negotiated in a severance agreement between them and the College.
2. The provision for terminal notice or salary need not apply when there has been a finding that the conduct that justified dismissal involved moral turpitude.