This Section applies to resignations, removals, dismissals, suspensions, nonrenewals, and releases of administrative personnel. For further information, see ABOR-PM 6-101(G) and (H).
Administrators who intend to resign at or before the expiration of their administrative appointments will notify their supervising administrator in writing of their intention as early as possible.
5.4.02. Removals, Dismissals, and Suspensions
Administrators may be removed by the President from their administrative assignments at any time but may not be dismissed during an appointment period without reasons for dismissal, except when deemed necessary due to a financial emergency as declared by ABOR. Reasons for dismissal may include, but are not limited to, incompetence or dishonesty in professional activities, neglect of properly assigned duties, or personal conduct that impairs the individual's fulfillment of properly assigned duties and responsibilities.
An administrator dismissed with reason may submit, within 15 days, a written appeal of the President's decision to ABOR. ABOR's determination will be final.
An administrator may be suspended with pay if the President determines that the continued presence of the individual on the campus may constitute a substantial interference with the orderly functioning of the University or of a substantial area, unit, college, or department of the University.
5.4.03 Nonrenewals of Administrative Appointments
Appointment to administrative service carries with it no assurance of reappointment or continuation. Administrative appointments are not eligible for tenure or continuing status. An administrator will not be entitled to an appeal or other review of the decision by the President or President's designee to nonrenew an appointment. Nor will an administrator be entitled to a statement of reasons for that action. The nonrenewal need not be construed as due to failure or poor performance. Considerations such as the need for a different area of specialization or for a new emphasis, the lack of a continuing position, the need to shift a position or resources to another department or unit, or the opportunity for a more vigorous program may dictate that the appointment not be renewed.
A. Notices of Nonrenewal—State-Funded Positions
If an administrator's Notice of Appointment or Reappointment states that the appointment is funded fully by state sources, the administrator will be provided with at least 90 days' notice of nonrenewal prior to the expiration of their current appointment. Failure to provide an administrator with a 90-day notice of nonrenewal will not constitute a renewal of appointment. The administrator will have no authority to continue to perform the assigned administrative duties following the expiration of the administrator's prior appointment period. If notice of nonrenewal is given fewer than 90 days prior to the end of an administrator's appointment period, the employee will be entitled to continuation of salary for 90 days from the date of notification. Duties will be assigned as appropriate.
B. Notices of Nonrenewal—Nonstate-Funded Positions
If an administrator'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 administrator's appointment is subject to termination on 30 days' notice; otherwise, the administrator will receive the same notice as state-funded administrators.
5.4.04 Release of Administrators Due to Institutional Financial Emergency
The President may release an administrator due to a financial emergency as declared by ABOR. If such a release occurs, the individual's personnel file will reflect that "the release was due to institutional financial emergency."
An administrator released due to institutional financial emergency will be accorded the following rights and privileges:
The individual will be notified in writing as far in advance of the release date as the President deems possible.
The University will make a reasonable effort to secure alternative appointments within the University in open positions for which the affected individual is qualified under existing criteria and to provide the administrator with information concerning other employment opportunities within the University that may be available.
An administrator released for institutional financial emergency will not be entitled to a hearing.