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 Sections 6-303(G), (H), and (I).
Service professional employees who intend to resign will notify their immediate administrative head or supervisor in writing of their intention as early as possible.
4C.4.02 Suspensions or Dismissals
The suspension or dismissal of service professional employees will be governed by ABOR-PM 6-303(F) 6-303(I). A service professional employee may be suspended with pay for reasons that are in the best interests of the University, the Board, or the employee, as determined by the President.
Just cause is required to dismiss a service professional employee. Dismissal will not occur until such employee has been given an opportunity for a pre-dismissal meeting and a just cause hearing in accordance with ABOR-PM Sections 6-303(I) and (J) and the University's Dismissal Hearing Procedures for Service Professional Employees.
4C.4.03 Decisions on Nonrenewal
The immediate administrative head or supervisor may decide not to renew the appointment of any service professional employee. In such cases, the immediate administrative head's or supervisor's decision is final and is not subject to further review.
4C.4.04 Notices 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.
Service 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 service professional employee will have the limited effect of extending the end of the appointment period to 90 days following such notice.
Service professional employees whose Notice of Appointment or Notice of Reappointment reflects that they are non-state funded are subject to termination or reduction in FTE and/or salary on 30 days' notice when such funding is no longer available; otherwise, they are entitled to the same notice as state funded service professional employees.
4C.4.05 Reasons for Nonrenewal
No justification is required for a nonrenewal of a service professional employee, and a service 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.
4C.4.06 Release of Service Professional Employees
Termination of the appointment of a service 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 service 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 6-303(H)(2).
B. Release Due to Reorganization
Release of service 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 6-303(H)(3).