APPENDIX C:
Board of Regents By-laws Relating to Program Elimination
POSTED SEPTEMBER 4, 2002
University of Nebraska-Lincoln
| 4.4.1 | Special Appointments. Appointments to (a)
all administrative and non-faculty professional staff positions, and (b)
all appointments to faculty positions that are not "Appointments for
a Specific Term," "Health Professions Faculty Appointments"
or "Continuous Appointments" shall be "Special Appointments."
The following types of faculty appointments shall be filled by Special Appointment
only: (1) temporary appointments, (2) appointments to part-time positions,
(3) appointments for less than one academic year in any rank, (4) courtesy
appointments, (5) appointments to volunteer status, (6) annual appointments
beyond retirement age, (7) appointments to the rank of instructor, assistant
instructor, lecturer, or senior lecturer (8) appointments to ranks preceded
by the designation "visiting," and (9) appointments supported
by funds over which the University does not have control or which the University
cannot reasonably expect to continue indefinitely, provided, that the total
period of full-time service on a faculty Special Appointment in the rank
of instructor shall not exceed seven years. A "Special Appointment" will terminate in accordance with the time stated in the appointment to the position or in the written contract, and, if no time is stated in the appointment to the position or in the written contract, the appointment may be terminated by either party giving the other at least 90 days notice of the date of termination. Such appointments may also be terminated by the University for adequate cause, disability, bona fide discontinuance of a program or department, or extraordinary circumstances because of financial exigencies. A member of the faculty may hold a "Special Appointment" coincident with an "Appointment for a Specific Term," "Health Professions Faculty Appointment" or a "Continuous Appointment," and the terms of the Special Appointment may be independent of the terms of the other appointment status as a faculty member. |
| 4.7.1 | Termination of a "Special Appointment" Prior to Expiration
of the Stated Term: Reasons; Rights of the Appointee. A "Special
Appointment" may be terminated prior to the expiration of the stated
term, or with less than 90 days notice by the University if no term is stated,
only for adequate cause, retirement for age or disability, bona fide discontinuance
of a program or department, or extraordinary circumstances because of financial
exigency. The President or Chancellor, as appropriate, shall be empowered
to approve appeal and grievance procedures that will insure to staff with
respect to termination of their non-faculty special appointments the rights
similar to those provided by Section 4.13.2 and 4.14.2 of these Bylaws to
staff with respect to termination of faculty appointments. |
| 4.9 | Termination of an "Appointment for a Specific Term"
or a "Health Professions Faculty Appointment" Prior to Expiration
of the Stated Term: Reasons; Rights of the Appointee. An Appointment
for a Specific Term or a Health Professions Faculty Appointment may be terminated
prior to the expiration of its term only for the reasons stated in Section
4.11, and before such termination the appointee shall have the rights specified
in Section 4.14.2. |
| 4.11 | Termination of a Continuous Appointment: Grounds. A Continuous
Appointment may be terminated only for adequate cause, retirement for age
or disability, bona fide discontinuance of a program or department, or extraordinary
circumstances because of financial exigency. Before any termination for
cause may occur, it shall be necessary to submit the matter to the Academic
Freedom and Tenure Committee in the manner provided in Section 4.14.2. |
| 4.12 | Termination of Appointments for Financial Exigency or Because
of Discontinuance of a Program or Department: Time. When any type
of appointment is terminated because of financial exigency or discontinuance
of a program or department, whether the termination is effective on or before
the date stated for termination in the written appointment contract, the
University shall give notice of termination as soon as possible, and shall
make reasonable efforts to notify persons twelve (12) months prior to the
effective date of termination. In such a case the released faculty member's
place will not be filled by a replacement within a period of two years unless
the released faculty member has been offered reappointment and a reasonable
time within which to accept or decline it. |