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4.15 Separation

4.15 Separation

4.15.1 Resignation

If a faculty member desires to terminate an existing appointment or to decline reappointment, the faculty member must give notice in writing not later than two weeks after receipt of the contract/appointment for the forthcoming academic year or on or before May 1 of the current year, whichever is later. In case of hardship or a situation in which the faculty member would otherwise be denied substantial professional advancement, the faculty member may properly petition the provost & vice president for academic affairs for a waiver of this requirement. The College considers it both unprofessional and unethical for a faculty member to actively solicit employment elsewhere for a particular academic year after returning a signed contract or reappointment form for that academic year. The College reserves the right to express its concern about such action directly to the institution(s) to whom the faculty member is applying.

4.15.2 Termination by Mutual Consent

An appointment to the faculty of the College may be terminated at any time by mutual agreement between the faculty member and the College.

4.15.3 Retirement

A tenured appointment at the College ends upon retirement. Faculty should contact the Office of Human Resources in advance of their retirement for assistance.

4.15.4 Notice of Non-Reappointment

When a decision not to renew a notice appointment faculty appointment has been reached, the faculty member involved must be notified in writing by the applicable dean. Such faculty may appeal under the faculty grievance procedure only in order to ensure a review of the procedures leading to the decision.

Written notice that an appointment is not to be renewed must be given to the faculty member in advance of the expiration of the appointment:

  1. In the first academic year, not later than March 1;
  2. In the second academic year, not later than December 1;
  3. Thereafter, not later than June 1 of the academic year preceding the terminal appointment.

4.15.5 Separation from Employment Due to Medical Reasons

As approved by the Ithaca College Board of Trustees 5/20/2011.

Benefit-eligible faculty who are unable to work due to long-term illness or medical condition may be eligible for benefits under the College's Long-term Disability Program as  set forth in Volume III of the Ithaca College Policy Manual.

4.15.6 Procedures for the Warning and Dismissal of a Faculty Member

4.15.6.1 Letter of Warning

  1. When the administration, in consultation with the planning unit personnel committee, believes that a faculty member's actions provide cause for disciplinary action because of nonfeasance (serious and willful neglect of faculty duties and responsibilities) or misfeasance (performance of such duties in a manner of academic or professional incompetence), the president will write the faculty member a letter of warning detailing the alleged nonfeasance or misfeasance. When the administration believes that a faculty member's actions provide cause for disciplinary action because of malfeasance (purposeful misconduct in or related to a faculty member's responsibilities to the College), the president will write the faculty member a letter detailing the malfeasance. The letter will include reference to dates, times, and places. Proper exercise of academic freedom will not lead to a letter of warning.
     
  2. This letter is to be hand delivered or, when this is not possible, sent to the faculty member's home address by registered mail with restricted delivery. If the return receipt is not received within five (5) days, the College will make additional efforts to notify the faculty member.
     
  3. This letter must contain specific instructions regarding changes to be made in the faculty member's actions and a time frame within which these changes must occur.
     
  4. If the faculty member wishes to deny charges or objects to specific instructions or to the time frame, the faculty member may commence the formal grievance procedure.
     
  5. If the faculty member does not deny all the charges, or if the grievance procedure sustains some of the charges, the faculty member is considered to have received a letter of warning and is subject to the procedure described in section 4.15.6.1 (a).
     
  6. If through the grievance procedure some charges are not upheld by a preponderance of the evidence, the letter of warning will be rewritten to include only those charges that were upheld. If through the grievance procedure none of the charges are upheld by a preponderance of the evidence, the letter of warning will be withdrawn and the faculty member will continue in the employment of the College without prejudice.

4.15.6.2 Letter of Dismissal

  1. If, after a letter of warning has been issued and adequate time to modify has been provided, the faculty member continues to engage in acts of nonfeasance, misfeasance, or malfeasance which the administration - after consultation with the personnel committee of the planning unit or school - deems adequate cause for dismissal, the president may write a letter of dismissal to the faculty member. In justifying this dismissal, the letter must cite evidence of failure to correct problems alleged in the letter of warning or cite evidence of nonfeasance, misfeasance, or malfeasance since the time the letter was sent.
     
  2. There may be some cases where a faculty member's actions constitute such flagrant and egregious abuse of position as to warrant dismissal without a prior letter of warning. In such cases the administration's first letter may be a letter of dismissal.
     
  3. The letter of dismissal is to be hand delivered or, when this is not possible, sent to the faculty member's home address by registered mail with restricted delivery. If the return receipt is not received within five (5) days, the College will make additional efforts to notify the faculty member. A letter of dismissal may be grieved using the formal grievance procedure.
     
  4. If through the grievance procedure the charges are not upheld by a preponderance of the evidence, the letter of dismissal will be withdrawn and the faculty member will be reinstated in the employment of the College with back pay and without prejudice as to the charges.

4.15.6.3 Letter of Immediate Suspension

In extreme cases, where the faculty member's continued presence seriously and adversely affects the functioning of the College or jeopardizes the safety or welfare of any person, the administration may immediately suspend the faculty member. The administration shall attempt to inform the faculty member immediately of the suspension. Furthermore, the president will send a letter of immediate suspension to the faculty member's home address by registered mail with restricted delivery. If the administration is unsuccessful in informing the faculty member of the suspension, and if the return receipt is not received within five (5) days, the College will make additional efforts to notify the faculty member. If the faculty member is reinstated or the suspension continues beyond two weeks, compensation will then be reinstituted retroactive to the beginning of the suspension. The faculty member may grieve the suspension according to the formal grievance procedure.

Last Updated: May 20, 2011