Termination Not-for-Cause of Professional Faculty Appointment

University Policy: 05-100 Termination Not-for-Cause of Professional Faculty Appointment
Adopted:
Last Revised:
Responsible Executive: Vice Provost for Human Resources
Responsible Office: Human Resources
Download the Policy: (PDF)
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1. Policy Statement

1.1. Oregon State University (“university”) adopts this university policy to govern the termination of a professional faculty appointment not-for-cause. It is solely within the university’s discretion to determine the need for and to enact such terminations.

1.2. The university may terminate a professional faculty appointment due to a reorganization/redeployment of funds or lack of funding, or other reasons that do not rise to the level of a for-cause termination. Such not-for-cause terminations must be authorized by the relevant dean, vice provost, or vice president (or the president or provost for positions that report to the president or provost, respectively).

1.3. Professional faculty will be provided with advance notice as specified below before a termination not-for-cause is effective.

1.3.1. Professional faculty who have worked for the university without a break in service for less than six months will be given notice of at least one month before the appointment termination is effective.

1.3.2. Professional faculty who have worked for the university without a break in service for at least six months but less than four years will be given notice of at least two months before the appointment termination is effective.

1.3.3. Professional faculty who have worked for the university without a break in service for four or more years will be given notice of at least four months before the appointment termination is effective.

1.3.4. When the appointment is terminated not-for-cause, the professional faculty will be provided with notice in writing that will include the reason for the termination.

1.4. The university maintains sole discretion to terminate a professional faculty appointment at any time, with or without cause.

1.5. Terminations for cause are addressed under University Policy 05-105 Corrective Discipline and Termination for Cause of Professional Faculty Appointment.

2. Reason for Policy

2.1. This policy provides clarity as to how and in what circumstances a professional faculty appointment may be terminated for reasons not-for-cause.

3. Scope & Audience

3.1. This policy applies to all professional faculty except those positions that have an employment agreement with alternate termination provisions (such as athletic coaches).

3.2. To the extent that this university policy conflicts with any provisions in other university standards, policies, unit rules, or handbooks, the provisions of this policy supersede those other provisions.

4. Definitions

4.1. Break in service. Full separation from university employment, regardless of the duration, constitutes a break in service.

4.2. Cause. Unsatisfactory performance, misconduct, or violations of law or policy (as set forth in University Policy 05-105 Corrective Discipline and Termination for Cause of Professional Faculty Appointment).

4.3. Professional faculty. An employee holding an administrative professional title, without an assigned academic rank and categorized as professional faculty by the university. Employees who have an underlying tenure appointment and whose administrative position serves at the pleasure of the president, the provost, vice president, vice provost or a dean are not included within this definition for the purposes of this policy.

5. Responsibilities & Procedures

5.1. Responsible Office

5.1.1. The Office of Faculty Affairs will review requests for terminations not-for-cause from employing units and provide guidance.

5.1.2. The relevant dean, vice provost, or vice president is responsible for making the not-for- cause termination decision in accordance with this policy (or, for positions that report to the president or provost, this responsibility lies with the president or provost, respectively).

5.2. Appeal

5.2.1. An appeal right exists for professional faculty members who believe they were aggrieved by the procedural application of this policy or to assert a claim of discrimination or retaliation. Any such grievance will follow the process outlined in University Policy 576–050 Faculty Grievance Procedure.

6. Forms & Tools

6.1. None.

7. Frequently Asked Questions

7.1. Question: If my position is terminated not-for-cause, am I eligible for unemployment? Answer: Only the State of Oregon can determine unemployment eligibility. The University will report that your employment ended for reasons other than as related to cause.

7.2. Question: Some professional faculty appointments are paid from multiple fund sources. Are those positions eligible for advance notice of termination not-for-cause? Answer: Yes. Fund source does not change advance notice rights.

7.3. Question: What kind of university employment counts toward advance notice rights? Answer: Any university employment in a professional faculty appointment that is covered by the terms of this policy, at any percentage FTE, counts toward the advance notice rights.

8. Related Information

8.1. University Policy 05-105 Corrective Discipline and Termination for Cause of Professional Faculty Appointment.

8.2. University Policy 576-050 Faculty Grievance Procedure.

8.3. University Policy 580-021 Conditions of Service.

9. History

9.1. Adopted by OSU: University Policy 05-100 Termination Not-for-Cause of Professional Faculty Appointment was approved on an interim basis on September 28, 2021. The interim policy was revised and adopted as university policy on December 14, 2022.

9.2. Next scheduled review date: December 2025.

10. Website

10.1. https://policy.oregonstate.edu/UPSM/05-100_termination_not_for_cause_pr….

11. Contacts

University Human Resources
541-737-3103
https://hr.oregonstate.edu/