Abrogation of tenure or termination of contract proceedings can occur at any time.
Abrogation of tenure is a process totally separate from the process described in Post-Tenure Review supra., pp. 29-30). Tenure is not license to breach Faculty Responsibilities and Ethics. In addition to the formal tenure review process, tenure may be abrogated and appointments may be terminated at a time determined at the discretion of the President of the University for any of the following reasons:
Incompetence,bothintentionalandunintentional,innormalinstructionalandother institutional responsibilities as defined in Faculty Responsibilities and Ethics. Refusal to teach or inability to teach content of courses as described in the University catalogue is one possible example of incompetence.
Failuretomeetnormalinstructionalandotherinstitutionalresponsibilitiesasdefined in Faculty Responsibilities and Ethics (supra., pp. 16-18). As faculty are required to be available five days a week during regular business hours, refusal to teach a course at a time during regular business hours as assigned by the Division Chair, or abuse of sick leave or failure to meet classes according to policies of the University and of the Oklahoma State Regents for Higher Education, are possible causes for abrogation proceedings.
Attempts to obstruct the legitimate operations of the institution as defined by state law and the Oklahoma State Regents for Higher Education.
Lackofneedfortheinstructor'sservicesand/orfinancialexigencies.(Withrespectto financial exigencies, see Faculty Financial Exigency Policy, infra., pp. 36-38).
Moral turpitude. Definition of such turpitude should take into account local community standards, professional ethics, and the mores of general American culture. Behavior legitimated by law and by judicial decisions cannot be considered grounds for abrogation of tenure unless it directly results in the causes specified in items A, B, C, D, and E.
Procedure for Abrogation of Tenure or Termination of Current Appointment
Preliminary Proceedings Concerning the Fitness of a Faculty Member -- When reason arises to question the fitness of a faculty member who has tenure or whose term of appointment has not expired, the Division Chair and the Vice President for Academic Affairs shall discuss the matter with the individual in personal conference. If adjustments are required and are satisfactory, the matter may end at that point.
If a satisfactory adjustment does not result, a written statement detailing the grounds proposed for dismissal shall be presented to the faculty member by the President of the University. If the faculty member wishes to dispute the abrogation or the termination, the faculty member may call for a hearing before the Promotion and Tenure Committee. The request for hearing must be in writing to the President of the University within calendar 21 days of receipt of notice of proposed dismissal from the President of the University. The Promotion and Tenure Committee shall conduct the hearing. The Promotion and Tenure Committee shall give notice of the hearing and the faculty member shall be permitted to appear with counsel. Following the hearing, and after considering all matters before it, the Promotion and Tenure Committee shall report its findings to the President of the University expeditiously.
Suspension of the Faculty Member -- Suspension of the faculty member during the proceedings is justified if there is a threat of immediate harm to the individual in question, to other faculty, staff or personnel, to the academic profession, or to the students or if the quality of the performance of the institution is jeopardized by the individual's continuance. The decision to suspend is entrusted to the discretion of the President and is effective immediately. Suspension may be reviewed by the Promotion and Tenure Committee at the request of the faculty member. The committee must recommend expeditiously to the
President that suspension be continued or discontinued. Unless legal considerations forbid, any suspension will be with pay.
Consideration by USAO Regents -- The President of the University shall transmit to the Board of Regents the full report, if any, of the Promotion and Tenure Committee. If the Board of Regents determines its intention to suspend, abrogate, and/or terminate employment of the faculty member, the Board shall give notice to the faculty member. The faculty member may, within 21 calendar days of receiving written notice of the Board’s intention to suspend, abrogate, or terminate employment, request a hearing before the Board of Regents. The Board shall schedule a hearing and advise the faculty member of the hearing date. Termination of employment cannot become effective until one of the following has occurred: (1) the faculty member fails to request a hearing before the Board of Regents within 21 days following the faculty member’s receipt of the Board’s notification of intent to suspend, abrogate and/or terminate employment (time is of the essence); (2) the faculty member waives such a hearing; or (3) after conducting the requested hearing, the Board of Regents suspends, abrogates, and/or terminates the employment of the faculty member.
Effect of Abrogation or Termination -- A decision by the Board of Regents to abrogate tenure or a decision to terminate an appointment of a non-tenured faculty member abolishes the employment relationship of the faculty member with USAO. In such case, the faculty member is obligated to vacate any University facilities used by the faculty member and to terminate all campus privileges and duties.
Duringthetermofprobationaryservice(seep.26supra.),afacultymemberona tenure track appointment shall be notified no later than March 1 before the expiration of the annual contract in the event the faculty member will not be reappointed to the faculty the following year.
NotwithstandingthetermsinparagraphA.underNon-Reappointment,afaculty member denied tenure at the April meeting of the USAO Board of Regents under Procedures for Tenure, supra., will not be reappointed to a faculty position the following academic year.
A full-time faculty member who is not on tenure track may be notified at any time of non-reappointment.