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.



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