Non-Renewal & Termination

Tenure Track Faculty

Non-Renewal

The first year of the initial appointment shall be a probationary year, and the appointment may be terminated at the end of that fiscal year if the appointee is so notified by March 1. In the event that the initial appointment is for two years, the appointment may be terminated if the appointee is so notified by December 15 of the second year.

After the second year of the initial appointment, the appointee shall be given one full year's notice if it is the intention of the University not to renew the appointment. If the appointee does not receive timely notification of nonrenewal, the initial appointment shall be extended for one additional year. Note that the formal intermediate review of tenure-track faculty often takes place in the third (and final) year of the initial appointment. Hence, in order to provide the required timely notification, the faculty member should be given a one year terminal appointment.

Tenured and Tenure-Track Faculty

Termination

For tenure track faculty, a term of service may be terminated by the appointee by resignation, but it is expressly agreed that no resignation shall become effective until the termination of the appointment period in which the resignation is offered except by mutual agreement between the appointee and the President.

For tenured and tenure track faculty, the President may terminate the appointment of a tenure-track appointee for moral turpitude, professional or scholarly misconduct, incompetence, or willful neglect of duty, provided that the charges be stated in writing, that the appointee be furnished a copy thereof, and that the appointee be given an opportunity prior to such termination to request a hearing by an impartial hearing officer appointed by the chief executive officer or a faculty board of review as provided for by the relevant institutional policy body. For additional information, see USM Policy II - 1.00 7 & 8.

The University may terminate any appointment because of the discontinuance of the department, program, school or unit in which the appointment was made; or because of the lack of appropriations or other funds with which to support the appointment. Such decisions must be made in accordance with standards and procedures set forth in written institutional policies.

Appointments shall terminate upon the death of the appointee.

Professional Track Faculty

Non-Renewal

Faculty with continuous full-time service of less than seven years must be provided written notice on non-renewal at least 90 days prior to the end of the appointment term. If such service is for seven years or more, the notice period is at least six months.

In all other cases, e.g., part-time faculty, faculty whose appointment term is less than an academic year, or full-time faculty with discontinuous service, the notice period is at least 30 days. If the length of required notice of non-renewal cannot be completed within the time remaining in the appointment term, this may be remedied by extending the Agreement by the number of days necessary to complete the notice requirement.

For more information, see the Policy on Notification for Professional Track Faculty Contract Changes.

Termination

University contract language details five reasons that a professional track faculty member's appointment may be terminated. Before terminating a faculty appointment prior to the end of term, it is recommended that the unit head consult with the Office of General Counsel.