This section applies to resignations, suspensions, dismissals, nonrenewals, and releases, including both voluntary releases and those arising from program changes and financial emergencies. Further information on dismissals and releases due to budgetary and program changes is found in ABOR-PM 6-302(G), (H), and (I).
Academic professional employees who intend to resign will notify their immediate administrative head in writing of their intention as early as possible.
4B.4.02 Suspensions or Dismissals
The suspension or dismissal of academic professional employees will be governed by ABOR-PM 6-302(G) and 6-302(I). Just cause is required to dismiss an academic professional employee, and dismissal will not occur until such employee has been given an opportunity for a hearing as prescribed by ABOR-PM 6-302(I). The Committee on Conciliation established under the Constitution and By-Laws of the General Faculty of the University of Arizona will constitute the conciliation committee required under ABOR-PM 6-302(I)(3) and the Committee on Academic Freedom and Tenure established under the Constitution and By-Laws of the General Faculty of the University of Arizona will constitute the committee to conduct formal hearings required under ABOR-PM 6-302(I)(4). The rules and procedures provided in the Constitution and By-Laws for the respective committees will govern the conduct of the hearings except where specific provisions of ABOR-PM 6-302(I) provide otherwise.
4B.4.03 Decisions on Nonrenewal
For academic professional employees who have multiple-year appointments, review for renewal will be conducted during the year prior to the final year of such appointment.
In a college or division with multiple departments or units, any decision not to renew an academic professional employee's appointment will be initiated by a recommendation of the immediate administrative head to the dean or division administrator. The dean or division administrator will review the recommendation to nonrenew the appointment and make a decision whether to accept the recommendation.
In a single-unit college or division, the dean or division administrator will make the decision not to renew an academic professional employee's appointment.
The dean's or division administrator's decision will be final in all cases and is not subject to further administrative review.
4B.4.04 Notice of Nonrenewal
The University is not required to provide notices of nonrenewal for employees with appointments the University has indicated are not intended to extend beyond six months.
Year-to-year academic professional employees whose positions are funded by state appropriations, are entitled to no less than 90 days' notice of nonrenewal prior to the end of the contract period. Failure of the University to provide timely notice of nonrenewal to a state-funded academic professional employee will have the limited effect of extending the end of the appointment period to 90 days following the giving of notice.
If an academic professional employee's Notice of Appointment or Reappointment states that the appointment is funded fully or partially by nonstate sources and any of those nonstate sources is no longer available, the nonstate funded portion of the appointment may be reduced or terminated during the appointment to the extent such nonstate funds become unavailable; however, such academic professional employee will be provided with at least 30 days' notice prior to termination or salary and/or FTE reduction. Otherwise, the academic professional employee is entitled to the same notice as state funded academic professional employees on year-to-year appointments.
For academic professional employees who have multiple-year appointments, notice of nonrenewal will be given as set forth above depending on their source of funding.
4B.4.05 Reasons for Nonrenewal
An academic professional employee whose appointment is not renewed will not be entitled to a statement of reasons for that action. The decision not to renew an appointment, however, need not be construed as due to failure or poor performance on the employee's part. Considerations such as the need for a different area of specialization or for new emphases, the need to shift a position or resources to another department or unit, or the opportunity for an alternate program may dictate that the individual not be renewed or promoted.
4B.4.06 Release of Academic Professional Employees
Termination of the appointment of an academic professional employee because of institutional financial emergency or reorganization will be designated a "release." The Provost will be informed of all release actions before implementation of the action.
A. Release Due to Institutional Financial Emergency
Release of academic professional employees may occur when deemed necessary by the President due to a financial emergency as declared by the Board in accordance with the provisions of ABOR PM 6-302(H)(2).
B. Release Due to Reorganization
Release of academic professional employees may occur when a reorganization is deemed necessary due to a budget or program decision requiring program discontinuance, curtailment, modification, or redirection and when such a reorganization plan is approved by the Board in accordance with the provisions of ABOR PM 6-302(H)(3).