back 2005-2007
Appendix I
Reduction in Force Procedures
The procedures for Reduction in Force are predicated on the existence of plans developed through use of the Planning Process (Appendix D). It is the existence of a comprehensive planning process and the resulting plans for various contingencies which permits the President to delay requesting the declaration of Reduction in Force as long as possible consistent with faculty termination notification requirements.
It is the intention of the Board that the termination of faculty members in accordance with the terms of this chapter shall be undertaken only if in the opinion of the Board of Trustees good faith efforts by the academic units and the administration have been unsuccessful at devising alternatives to faculty terminations which are acceptable to concerned academic units.
In order to maintain the University’s strong commitment to diversity and academic integrity, The rules set forth herein make provision for adherence during the reduction process to the University's Strategic Plan and to the goals and requirements of the University's Affirmative Action Program to the fullest extent allowed by law.
A. Purpose
The rules and procedures set forth herein are intended to achieve the following ends:
1. To establish and maintain orderly procedures for allocating resources among various academic units or sub-units.
2. To provide members of the University community with an opportunity to participate in decisions relating to Reduction in Force.
3. To provide maximum feasible notice in advance to faculty members who must be terminated from employment Western Washington University in connection with a Reduction in Force.
4. To seek to minimize the distress of any faculty members who may be terminated in connection with the reduction by assistance in securing employment.
5. To provide for orderly procedures for dealing with budget emergencies which cannot be responded to through Reduction in Force.
B. Conditions for the Initiation of Reduction in Force
The initiation of procedures for the Reduction in Force should require the recognition and confirmation by representative bodies of the University. Conditions existing at Western Washington University which may cause a declaration of Reduction in Force are
1. Financial exigency
2. Governor's Executive Order to reduce allotments
3. Reductions in faculty related to enrollment decline
4. Legislative action reducing allotments
C. Definitions
As used herein, the following terms shall have the indicated meanings:
1. "Reduction in Force" shall refer to the reassignment of faculty, reduction, or consolidation in whole or in part of academic units or sub-units, and the furlough or termination from employment of administrative or faculty members necessitated by the conditions above.
2. "Academic unit" shall refer to a college with one or no department, or an academic department which is the primary area of academic appointments.
3. "Academic sub-unit" shall mean a generally recognized division or part of an academic unit of this University which upon a significant number of other university and college campuses of our general size, type and mission, is organized and usually recognized as an independent unit (as "unit" is defined above). Normally, the term shall not apply to a simple curricular emphasis, organizational division, or affiliation within what is generally recognized as a single academic discipline. Furthermore, the particular unit to be sub-unitized at this University shall have been understood to be composed of separate and separable parts before Reduction in Force is declared and initiated. Academic sub-units and their faculty shall be identified in the University, college, and unit plans. Exception to these requirements for sub-unitization must be approved by the college/school planning committee and dean, and must be included in the University Plan.
4. "Financial emergency" is defined as a situation that requires budget reductions of such urgency and magnitude that the processes and notification requirements contained within the Faculty Handbook Reduction in Force provisions cannot be met. (See Section P, Financial Emergency Policies.)
5. "Financial exigency" is defined as a condition of projected deficit in the University's operating budget of such magnitude that reduction in tenured or tenure-track faculty is necessary. Such budgetary deficits are most often caused by events external to the University.
D. Initiation of Reduction in Force
The University President shall have the authority to request the Board of Trustees to initiate a Reduction in Force based on Conditions for the Initiation of Reduction in Force above. It is the expectation of the University community that any Reduction in Force affecting faculty shall be declared and initiated after a good faith effort to consider feasible alternatives to Reduction in Force has been made, e.g., such voluntary actions as reduced appointments, leave without pay, shared appointments, reassignment to another academic unit, transfer to a non-teaching position, supplementation of teaching with non-teaching duties, early retirement with appropriate compensation, etc. Such a request shall be accompanied by a written statement of reasons, outlining the circumstances of financial deficit warranting the termination from employment of University personnel. The President in consultation with appropriate faculty and other affected groups shall specify the academic units from which faculty positions shall be terminated. When selecting units from which positions will be terminated, the President shall take into consideration the Strategic Plan goals of quality, diversity, and community service; and shall follow relevant University policies such as the Affirmative Action Policy. The Board will then take appropriate action after consideration of the President’s request.
E. Termination of Faculty Members from Employment
In those instances in which the Board of Trustees requires an academic unit to terminate a faculty member (or faculty members) from employment, the procedures set forth in Section F through Section P apply.
F. Qualification of Individual Faculty Members for Sub-Units
Departments shall assign individual faculty members to sub-units where appropriate. Such assignments shall be reviewed by the college planning committees and approved by the deans. For colleges without departments, review shall be by the University Planning Council and approval by the Provost/Vice President for Academic Affairs provided they do so within 15 days of approval of their assignment. In cases where the Provost/Vice President for Academic Affairs is the employment official, they may appeal to the President. An area will be recognized as a sub-unit during the procedures constituting the Reduction in Force only if the proposed sub-unitization has been reviewed and approved at least 12 months prior to the declaration and initiation of the Reduction in Force.
G. Retention Priority Criteria Within Academic Units or Sub-units
1. The following criteria shall be utilized in determining the retention priority of all faculty members within an academic unit or sub-unit:
a. Tenured faculty members shall have retention priority over all untenured faculty members; untenured, tenure-track faculty members shall have retention priority over all non-tenure track faculty members;
b. Between faculty members with same tenure status (tenure status may be tenured, untenured tenure track, or non-tenure track), the faculty member with the higher rank shall have retention priority;
c. Between faculty members with same tenure status and rank, the faculty member who has the greater seniority in rank at Western Washington University shall have retention priority, with the exception that any faculty member who did not pass his/her two most recent general merit reviews shall forfeit all seniority in rank until he/she passes a general merit review;
d. Between faculty members with the same tenure status, rank, and seniority in rank, the faculty member who has the greater total seniority shall have retention priority; (The phrase "total seniority" as it is used in this section is explained in Section G.2 below.)
e. If after application of the above criteria two or more faculty members are equal in retention priority, then the decision determining who shall be retained will be made (with input from a committee comprised of faculty from the relevant college) by the dean of the college if the college has departments, or by the Provost/Vice President for Academic Affairs if the college has no departments, by determining which faculty has made the substantially greater contribution to the educational goals of the academic unit. The retention decision is to be based on relevant academic criteria. In this connection, the administrator shall seek the advice of the faculty of the unit concerned.
The criteria used for determining whether or not one faculty member has a substantially greater contribution to the educational goals of the academic unit shall be
(i) the faculty member's demonstrable achievement in the areas of both teaching and scholarship, and
(ii) the faculty member's contribution to the mission requirements of the department and college, and to the goals of the University's Strategic Plan.
2. "Total seniority" for the purposes of Section G.1.d shall be determined in the following manner:
a. Academic service at Western Washington University shall be counted in full;
b. College and university academic experience (and other academically related experience as determined by the academic unit) prior to employment at Western Washington University shall be counted at 50 percent;
c. Veterans as defined in (1) WAC 251-10-045 shall have added to their unbroken service in an institution of higher education their total active military service, not to exceed five years. The combined total of unbroken institutional employment and active military service will constitute the veterans' layoff seniority. For the purpose of the rule, "veteran" shall not include any person who, as a veteran, retired with twenty or more years' active military service and has military retirement pay in excess of five hundred dollars per month.
3. Faculty members with the least retention priority shall be the first to be terminated.
H. Affirmative Action Policy During Reduction in Force
In instances where application of the Retention Priority Criteria (above) will have an adverse impact on the University's affirmative action goals and the University's commitment to a diverse and high quality faculty, the President shall make a good faith effort to prevent that impact by awarding retention priority to one or more tenured female or minority faculty members. Application of this policy shall have the effect of crediting the unit or sub-unit in question with the termination of an FTEF for the purposes of Reduction in Force.
I. Notice of Termination
1. Notice of termination from employment at Western Washington University in connection with a Reduction in Force shall be given to affected faculty members by the President in accordance with the following guidelines:
a. Non-tenured faculty members occupying a tenure track position shall be notified in writing via registered mail by March 15 or, after one year's service, at least two full academic quarters prior to the effective date of termination or be given equivalent compensation. The summer session may be considered a full academic quarter only if compensation for that session is augmented to total a full academic quarter's compensation.
b. Tenured faculty members shall be given three academic quarters of notification before termination of employment, or three quarters of compensation, or some combination thereof. The summer session may be considered a full academic quarter only if compensation for that session is augmented to total a full academic quarter's compensation.
2. A faculty member who files an appeal from a notice of termination shall be deemed to have received formal written notice of termination as of the date of receipt of the original notice, and not as of the date of the final decision of the appeal.
3. Individual faculty members who are required to take a partial reduction in assignment in connection with a Reduction in Force shall, if further reduced in assignment as a result of a subsequent Reduction in Force, again be given the full notice specified in this section.
J. Informal Appeals
1. Any faculty member who is aggrieved by a notice of termination may file a written appeal with the President. Such an appeal must be filed with the President within 30 days after receiving the notice of termination. The written appeal shall clearly indicate the basis for the faculty member's grievance. The President shall review the appeal on an informal basis and shall either uphold the previous decision of the University or order a revision or rescission of the previous action. If the President denies the appeal of a faculty member, then the President shall furnish to the faculty member a written statement indicating the reasons for the denial.
2. The President shall complete the informal review process and furnish a written response to the faculty member within 45 days after receiving the written appeal, provided, however, that upon the request of the President, this time limit may be extended by the Board for an additional period not to exceed 45 days. If the President fails to comply with the time limit set forth in this section, the faculty member shall thereupon be entitled to request a formal administrative review of the appeal by the Board pursuant to Section K.
K. Formal Administrative Review
Any faculty member who is aggrieved by the informal decision of the President upholding the faculty member's termination shall be entitled to a formal administrative review of the matter by the Board in accordance with the provisions of RCW Chapter 34.05, WAC 516-108, and WAC Chapter 10-08.
L. Reemployment List
1. Whenever a full-time equivalent faculty position (or portion thereof) becomes available in an academic unit from which there have been both terminations and faculty reductions in assignment and compensation-based participation in alternative methods of reduction in lieu of terminations, the position shall be utilized to reemploy terminated faculty member(s) pursuant to provision (3) below, unless (a) a majority of the faculty members of the unit or sub-unit submit a request to the President that the position be allocated among the individuals taking reductions in connection with participation in alternative methods of reduction in lieu of terminations, and (b) the Board orders that the position be so allocated.
2. The President shall establish and maintain for a period of four years a list of all faculty members terminated from employment in connection with a Reduction in Force.
3. Subject to the provisions of (1) above, and Section M, the University will not fill a vacant faculty position by hiring an individual not on the reemployment list without first:
a. Notifying in writing via registered mail each faculty member on the reemployment list of the existence of the vacant position;
b. Permitting each individual on the list to apply for the vacant position;
c. Making a written offer of reemployment to a faculty member on the list who applies for the position and who is determined to be qualified for the position by the affected unit in consultation with the dean and planning committee of the college.
4. It is the responsibility of the faculty members terminated from employment in connection with Reduction in Force to notify the President of any changes in address.
5. An individual on the reemployment list who wishes to apply for a vacant faculty position must submit an application to the Provost/Vice President for Academic Affairs within 20 days after receiving notice of the existence of the position. For purposes of this subsection, an individual will be deemed to have received notice of a position three days after the date on which the notice is mailed by the University.
6. A faculty member on the reemployment list who receives an offer of reemployment must notify the Vice President for Academic Affairs in writing of acceptance or rejection of the offer within ten days after the date on which the offer is made.
7. A faculty member on the reemployment list who fails to comply with the time limitations and requirements set forth in subsections (4), (5) and (6) with regard to a particular vacant faculty position shall be deemed to have waived all right to be reemployed in that position.
8. Whenever two or more faculty members on the reemployment list are determined by provision 3(c) above to be qualified for a vacant position, the position shall first be offered to the faculty member who is most highly qualified for the position.
9. A tenured faculty member terminated under Reduction in Force will continue to have access to university facilities for the period in which that person is eligible for reemployment. The University will supply services such as limited secretarial services to assist the former faculty member in finding another academic position. The Personnel Office will assist in the orderly transition from state-supported benefits to individually contracted programs. The University will provide limited financial support to a faculty member, during the period between notice of termination and termination date, to attend one national meeting for the purpose of seeking alternative employment.
M. Affirmative Action Policy During Reemployment
The President may temporarily suspend the operation of Section I and Section L where necessary in order to achieve or maintain compliance with federal, state or University Affirmative Action guidelines, orders, goals, or regulations.
N. Status of Faculty Member if Reinstated into Previously Held Position
A faculty member reinstated into the academic unit or sub-unit from which he or she was terminated in connection with a Reduction in Force shall be reemployed at a rank and salary step no lower than that in which he or she was serving at the time of termination, and such an individual's service at Western prior to termination shall be counted in determining the individual's right to tenure, profession leave, and fringe benefits.
O. Securing of Other Employment for Tenured Faculty Terminated Through Reduction in Force Because of Financial Exigency
Before termination of the employment of a tenured faculty member because of financial exigency, the University, with faculty participation, will make reasonable effort to place the faculty member concerned in a vacant position within the University for which he/she is qualified. The qualifications of such faculty members are to be determined by the affected, receiving academic unit in consultation with the dean and planning committee of the college. The Board of Trustees will be informed in stances in which the affected academic unit determines that such a faculty member is not regarded as qualified for appointment in this unit.
P. Financial Emergency Policies: Reductions not Covered by the Exigency Policy
An emergency is defined as a situation that requires budget reductions of such urgency and magnitude that the processes and notification requirements contained within the Faculty Handbook Reduction in Force provisions cannot be met.
Although the conditions that constitute an emergency may continue indefinitely, the emergency response to these conditions will extend no longer than two years.
In cases of emergency, it will be the policy of the University to develop ameliorative solutions in which the entire university community, i.e., faculty, staff and administrators, or as nearly as is reasonably achievable, will share proportionately. Effort will be made to adopt measures that do not require terminations of persons without normal notice time, e.g., periods without pay, reduced appointments, periods of institutional closure, etc. If the emergency conditions are expected to continue beyond two years, remedial action consistent with the Reduction in Force procedures will be initiated concurrently with the implementation of emergency action.
Procedures:
1. The President will consult frequently with the Executive Council of the Faculty Senate concerning developments that portend the requirement for emergency action.
2. If in the President's judgment emergency action is necessary, he/she will present to the Faculty Senate justifications for the declaration of a budget emergency and proposals for meeting it. The President will discuss these matters with the Faculty Senate and consider alternative responses to the end of achieving solution upon which there is broad agreement.
3. The President will present a proposal describing the emergency, its probable duration, and proposed solutions with justifications, to the Board of Trustees.
4. The President will implement actions approved by the Board of Trustees.
(Approved by the Board of Trustees, August 22, 1997)