Part XII, Section V: Separation Due to Financial Exigency or Program Curtailment

Updated: June 5, 2025

CONTENTS

  1. Introduction
  2. Termination Procedures
  3. Selection of the Reconsideration Panel
  4. Procedures for the Hearing

I. Introduction

The procedures in this section are governed by Sections 2 and 6 of POL06.35.04 Faculty Appellate Provisions (Implementing Processes for Sections 603, 604, 605, and 607 of The Code), as well as UNC Policy Manual and Code 100.1 Chapter VI – Academic Freedom and Tenure, Section 605.

These procedures provide the process and protocol intended to assist the Reconsideration Committee in the disposition of faculty appellate matters filed pursuant to Section 6 of the Policy, above.

II. Termination Procedures

Please see POL06.35.04, Section 6.3.2 for information about the notice accorded to faculty when their employment is to be terminated because of major curtailment or elimination of a teaching, research, or public service program or due to financial exigency.

III. Selection of the Reconsideration Panel

The Reconsideration Panel (hereafter, “the panel”) shall be composed of five regular members and one alternate, each of whom is a full time permanently tenured voting faculty member without administrative appointment. The alternate shall attend all sessions of the hearing and shall replace a regular member should that member be unable to attend the entire hearing. Members of the panel shall be chosen in accordance with the procedures for election of the Appellate Committee specified in the Bylaws of the East Carolina University Faculty Senate, and appointment of appeals panels described in Part XII, Section I of this Faculty Manual. Upon organization, the members of the Reconsideration Panel shall elect a chair and secretary. Should either officer be absent at the beginning of a hearing, the panel members shall elect an alternate chair or secretary for the purposes of the hearing. A quorum for the panel shall be the five members or four members and the alternate.

When the panel is convened to consider any matter associated with a faculty member’s request for a hearing, those Appellate Committee members who (i) participated directly in the decision to terminate the grievant’s employment, (ii) hold an appointment in the faculty member’s academic unit, (iii) might reasonably expect to be called as witnesses, (iv) might reasonably expect to be asked to serve as an advisor (see Subsection V.B. Procedures for the Hearing) to any party of the hearing, or (iv) may have any other conflict of interest should be disqualified from participation in the activities of a panel related to this specific request for a hearing. The grievant and the chancellor, or the chancellor’s designee, are permitted to challenge panel members for just cause. Parties request recusal of panel members by submitting the Request for Recusal form. The other members of the panel, including the alternate, will decide by majority vote (excluding the panel member being challenged) on any potential disqualifications if a panel member is challenged but wishes to remain.

When membership of the panel falls below the specified five members and one alternate, the Due Process appellate chair will select additional members of the Appellate Committee to serve on the panel as specified in Part XII, Section I of the Faculty Manual.

The panel may at any time consult with an attorney in the office of the University Counsel. The Office of University Counsel will endeavor to provide a consulting attorney for support of the hearing panel that does not have present or prior substantive involvement in the matter that gave rise to the hearing.

IV. Procedures for the Hearing

  1. Hearing Agenda
    If a faculty member requests a reconsideration of the decision to terminate employment under Section 6 of the Policy, the Chair of the Reconsideration Panel shall then notify the Grievant and the Provost, as well as any named respondent(s), of the setting of a time, date, and place for a hearing, including notification that identifies the membership of the Hearing Panel. The date for the hearing should be within forty-two (42) calendar days of the time the Appellate Steering Committee Chair receives the chancellor’s notification of the faculty member’s written request for a hearing.

    In order to facilitate the hearing process, the Hearing Panel chair, will also create an agenda to facilitate the completion of the hearing within one business day. The agenda will state limits on the amount of time that each party will be allocated for presentation of their cases. This agenda, with names of the panel members, procedures for submission of new documents, and handling of the witnesses, will be distributed to the panel, the grievant and the respondent no less than five (5) calendar days prior to the hearing date.
  2. Procedures for Submission of Hearing Documents
    As provided by the policy, at least fourteen (14) calendar days before the hearing, the parties shall submit documents and a list of witnesses to be used in the hearing along with a brief statement of the relevance for each witness. One digital copy of all information and documents shall be submitted to the Faculty Senate Office. Instructions for submission of the exhibits will be included in communications to the parties. The submitted information and documents shall have a table of contents with numbers (Arabic) assigned to all pages that exhibit information. Numbers shall be preceded by a “G” for the grievant’s submission or an “R” for the respondent’s submission. Exhibit G and Exhibit R shall include all information necessary to support or defend the respective positions of the parties. When possible, it is best to place all documents and photographs used as exhibits into one PDF, with a Table of Contents at the beginning that lists all the exhibits. If that is not possible, exhibits will need to be named in a way that keeps in in an order that aligns with the Table of Contents (e.g., G-011, G-002). Failure to submit evidence in the specified format may result in evidence being excluded from the hearing record by the panel.

    Once the copies as described above are received from both parties, the digital copies will be made available to each party.
  3. Procedures for Court Reporter/Hearing Transcript
    The Faculty Senate Office will arrange for the hiring and payment of a court reporter. The court reporter will be present and will make a verbatim record of the hearing. At the hearing, the Hearing Panel chair should instruct the court reporter to collect and mark all documents submitted by both parties and include them as exhibits with the transcript. The Office of University Counsel may also support the Faculty Senate Office in the retention of a professional court reporter for transcript services.
  4. Procedures Relating to the Order of the Hearing
    Please see POL06.35.04, section 6.4.3 for information about the way the hearing is conducted.

    The Hearing Panel Chair is responsible for ensuring order among hearing participants during the hearing so the complete transcript of the testimony is recorded and for working with the Faculty Senate Office Administrator to preserve all documents that are accepted by the Panel at the hearing as evidence. In addition, the hearing shall be conducted according to the latest edition of Robert’s Rules of Order, Newly Revised. When, despite due diligence, circumstances make it necessary to resolve an issue not addressed in these provisions, the panel chair shall have the authority to make a reasonable adjustment or exception that maintains the integrity of the process to the extent possible and consistent with applicable law and policy.
  5. Post-Hearing Information
    Following the conclusion of the hearing, the faculty member will be informed about any updates to the status of the pending matter for reconsideration. The Chancellor’s decision shall be conveyed in writing to the panel, Faculty Member, Faculty Senate Office, and relevant administrators by a method that provides delivery verification.

Faculty Senate Resolution #25-55, June 2025.