A. Termination of service of a tenured faculty member or of an appointment before the end of its specified term may be made only for retirement, just cause, or retrenchment.

B. Before sending notices of termination because of retrench­ment, consultation on the proposed retrenchment shall take place with the Chairperson of any department or program affected and the Dean and college curriculum committee of any college affected. Also, the Educational Program and Policies Committee of the Faculty Senate shall be advised of the proposed retrench­ments. Following the completion of that consultation process, there shall be a meeting with TAUP upon reasonable notice, not to exceed two weeks, to discuss the rationale for and implementation of such retrenchment. At this meeting, Temple will provide the TAUP with a list of bargaining unit members designated for possible retrenchment along with their date of hire, department, date of tenure and rank; a list of sections being taught by Dean's appointment and part-time faculty for ELECT, QUEST, COMPOSITION 45, COMPOSITION 50 and INTELLECTUAL HERITAGE as specified in Section C. below; a list of Presidential track searches where authorization to hire exists; and a list of open suitable positions in accordance with Section C. below.

If and when retrenchment notices are sent, concurrent copies of such notices shall be furnished to TAUP. The notification date of a retrenchment notice shall be the recorded date of the certified mailing by Temple University.

C. Retrenchment is one of the most serious steps an institution of higher learning takes. Attempts will continue to be made to increase revenue by all feasible means.

Before terminating faculty members because of retrenchment, Temple will first utilize possible temporary alternative assignments and then make reasonable efforts to place the affected faculty members in other suitable positions. (Before sending a notice of retrenchment to a tenured faculty member, Temple shall offer such tenured faculty member a temporary alternative assignment, in accordance with Article 17, to teach a full work load in the ELECT, QUEST, COMPOSITION 45, COMPOSITION 50 and/or INTELLECTUAL HERITAGE courses, provided that (1) there is a full work load available which would otherwise be taught by a Dean's appointment or part-time faculty members, and (2) the tenured faculty member has the requisite skills and abilities after orientation, if appropriate, to teach such courses. In the event that more than one tenured faculty member is affected and there is not a sufficient work load for each, Temple shall follow the order of priorities set forth in Paragraph 3 of Section E of this Article. Such faculty members shall have two (2) weeks from date of notification to inform Temple of their willingness to accept such assignment.) The released tenured faculty member's position will not be filled with a replacement within a period of three years unless the released faculty member has been offered, by order of seniority, re-employment in a tenured position (with at least his/her previous rank and salary) and at least one month within which to accept or decline. An untenured Presidential faculty member's position will not be filled for a period of two years without prior notification to the released faculty member that candidates for the position are being sought.

Suitable positions for reassignment of tenured faculty within Temple University are:

• Other teaching positions
• Academic Professional positions
• Librarian positions
• Administrative positions

The bargaining unit status of the new positions will be determined by the duties associated with that position and the past decisions of the Pennsylvania Labor Relations Board.

For positions outside the TAUP Bargaining Unit, the faculty member's tenure status and salary may be changed at the end of the 12-month period. At the time the position is offered to the faculty member, Temple will inform the faculty member of the tenure status and pay rate which the position will have at the end of the 12 month notice period.

The salary and seniority of a faculty member moving to a new assignment within the TAUP Bargaining Unit shall not be reduced by that move.

If a retrenched tenured faculty member applies for and is accepted for an authorized academic professional or librarian position, the faculty member shall have regular appointment in that new position effective upon the first day of appointment in that position.

If a retrenched tenured faculty member applies to and is accepted for a tenure track position in another department, the faculty member's seniority and tenure shall be carried to the new department.

In filling vacancies within the TAUP Bargaining Unit, Temple shall give first consideration to a retrenched tenured faculty member in considering the qualifications of applicants for the position. Qualifications shall include appropriate academic credentials, present ability to perform the work required, quality of prior job performance, and potential for growth and achievement in the new job.

Reasonable efforts shall be defined as Temple's obligation to bring position vacancies to the attention of retrenched tenured faculty, and resumes of retrenched faculty shall be made available to those responsible for filling such vacant positions. Copies of such position vacancies shall be forwarded to the TAUP.

D. Written notice that employment is to be terminated because of retrenchment shall be given as follows:

1. For a faculty member holding a first one-year contract, at least three months,

2. For a faculty member holding a second one-year contract or a third one-year contract, at least six months,

3. For an untenured faculty member who has either:

a. completed three or more years of service at Temple, or

b. been issued a three-year contract at the time of first appointment to Temple, at least 12 months.

4. For tenured faculty, at least 12 months.

5. In each case, equivalent severance salary may be substituted providing it is mutually agreeable to Temple and the affected faculty member.

6. During the twelve (12) month notice period, a faculty member who has indicated a willingness to accept an assignment in ELECT, QUEST, COMPOSITION 45, COMPOSITION 50 and/or INTELLECTUAL HERITAGE, as per Article 13, Section C, shall continue to be entitled to such assignment if a workload becomes available during the twelve month notice period. If a workload becomes available and is accepted, the letter of retrenchment shall be rescinded.

E. The order of retrenchment for faculty within a department or program of instruction shall be:

1. Part-time faculty.

2. Non-tenured faculty, with individual decisions based upon such important factors as

affirmative action goals, academic excellence and years of service. In the event faculty within a department or program of instruction are to be retrenched, teaching fellows shall be retrenched along with part-time faculty before non-tenured faculty. It is understood that teaching fellows do not include graduate assistants or research assistant.

In cases 1 and 2, the faculty remaining shall have the requisite qualifications to perform the duties required.

3. Tenured faculty, provided that the faculty member with the least years of service to Temple University shall be released first.

a. In the event of identical years of service, the faculty member with the fewest years since achieving tenure shall be released first.

b. In the event of identical years since achieving tenure, the faculty member of lowest rank shall be released first.

c. A tenured faculty member can be retrenched in an order other than by seniority only if Temple justifies (in writing) that he/she cannot perform work which is essential to the continuation of his/her department or program, while another tenured faculty member of lesser seniority (who would continue to be employed instead of the faculty member of greater seniority) can do this essential work.

Time spent on unpaid leave, prior to July 1, 1983, not connected with the receipt of an educational or research/creative award, shall not accrue as years of service under Section E.3 (a), (b), and (c) above. Furthermore, service to Temple prior to a break in employment due to the resignation or non-renewal of a faculty member shall not be counted as years of service under Section E.3 (a), (b), and (c) above.

Time spent by tenured faculty on unpaid leave which commenced on or after July 1, 1983, and as approved by Temple on an annual basis, shall accrue as years of service under Article 13, Section E.3 (a), (b), and (c).

4. Any faculty member retrenched may utilize the grievance and arbitration provisions of this Agreement.

F. Dismissal/Discipline of Tenured Faculty for Just Cause:

1. Just cause means incompetence, grave misconduct, or neglect of duty.

2. A faculty member may be suspended immediately under extreme circumstances or if there is a threat of immediate harm to himself/herself or others.

3. The following procedures, which may be initiated by faculty, Department Chairpersons, Deans, the Provost, or the President, shall govern the dismissal/discipline of a tenured faculty member for just cause:

a. An attempt shall be made to resolve the matter informally through:

(1) personal conferences between the faculty mem­ber and appropriate administrative officers,

(2) an informal inquiry by the Personnel Committee of the Faculty Senate if the matter is not terminated by mutual consent or an adjustment does not result followed by,

(3) an informal report to the President regarding either an adjustment or whether, in its view, formal proceedings should be instituted.

b. Formal proceedings may commence at the direction of the President even if the recommendation of the Personnel Committee of the Faculty Senate is favorable to the faculty member.

Steps to be followed are:

(1) Formulation of a written statement of the grounds proposed for dismissal/discipline by the President and the Personnel Committee or, if there is a disagreement, by the President or the President's representative.

(2) The President shall inform the faculty member of the statement and also that, "if he/she so requests," a hearing to determine whether he/she should be removed from his/her faculty position on the grounds stated will be conducted by the Faculty Senate Personnel Committee. Where a hearing is requested, a committee of five members shall be selected for that purpose by the Personnel Committee of the Faculty Senate. The committee shall elect its own chairperson.

(3) The faculty member shall be informed in writing by the committee chairperson of the time, place, and procedures for the hearing and shall have reasonable time, in no event more than two months, to prepare his/her defense.

(4) The faculty member may be accompanied by another faculty member and/or by counsel at the hearing if he/she so chooses.

(5) No less than one week before the date set for the hearing, the faculty member shall reply, in writing, whether he/she wishes a hearing and, if so, should respond in writing to the statements in the President's letter.

(6) The faculty member shall be informed by Temple that failure to request a hearing shall indicate acceptance of dismissal/discipline.

c. Proceedings of the Committee shall involve:

(1) consideration of the written formulated state­ment of grounds for dismissal/discipline and the faculty member's written response.

(2) testimony of witnesses, if appropriate, and examination of other pertinent evidence.

(3) the faculty member normally shall have the right, within reasonable limits established by the Committee, to question all witnesses who testify orally.

d. The Committee shall submit a written recommendation and reasons therefore to the President and to the faculty member. If the committee recommends against dismissal/discipline, the President may (normally within one month) still dismiss/discipline the faculty member, but the faculty member may then seek to utilize the arbitration provisions of this Agreement.

G. Dismissal/Discipline of Non-Tenured Faculty for Just Cause:

1. Just cause means incompetence, grave misconduct, or neglect of duty.

2. An attempt shall first be made to resolve the matter informally through personal conferences between the faculty member and appropriate administrative officers.

3. If this fails to resolve the matter, the faculty member may be dismissed/disciplined by Temple, after consultation with the Department Chairperson.

4. A faculty member so dismissed/disciplined may utilize the grievance and arbitration provisions of this Agreement.

H. Non-Renewal of Untenured Faculty Appointments:

1. For full-time untenured Presidential faculty, written notice that employment is to be terminated shall be given as follows:

a. For a faculty member holding a first one-year contract expiring at the end of the Spring academic period, not later than March 15; or if the one-year appointment terminates at another time, at least three months in advance of its termination.

b. For a faculty member holding a second or third one-year contract expiring at the end of the Spring academic period, not later than December 15; or if the second or third one-year appointment terminates at another time, at least six months in advance of its termination.

c. For a faculty member who either has completed three or more years of service at Temple or has been issued a three-year contract at the time of first appointment at Temple, at least twelve months in advance of the expiration of the appointment.

2. For full-time untenured faculty who are not Presidentially appointed, if the letter of appointment does not con­tain a termination date, a faculty member shall be given notice of non-renewal at least three months prior to the expiration of his/her contract.

3. Temple shall have the option of substituting equivalent severance salary for the period of advance notice. In making this determination, Temple will take into consideration the faculty member's expressed preference.

I. Clinician Educator Track Faculty

During the life of this Agreement, the approved policies and practices may be altered only with the concurrence of the Board of Trustees and the Faculty Senate.

J. Special Appointment Faculty

Special Appointment Faculty will not exceed seven percent (7%) of the total Presidential Faculty of the School or College of the preceding academic year. Appendix C establishes the guidelines of the Special Appointment Faculty. In the event any particular School or College establishes a need to increase the percentage, such approval may be granted with the concurrence of the Collegial Assembly to a maximum of fifteen percent (15%).