2.14.5.1 Other Definitions

2.14.5.2 Priorities

2.14.5.3 Criteria

2.14.5.4 Plan for Termination for Reduction in Force for Financial Exigency

2.14.5.5 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the University

2.14.5.6 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the Board of Supervisors

2.14.5.7 Timelines for Notifications for Reduction in Force

2.14.5.8 Board of Supervisors Review

2.14.5.9 Re–employment Provisions

2.14.5.10 Faculty Reassignment and Other Assistance

Chapter III, Section XVII of the Board of Supervisors Rules gives general definitions and guidelines for a condition known as financial exigency, a situation that may indicate a need for staff reduction. According to the Rules, financial exigency exists at the institution level and shall be verified by the System staff after the institution has declared a state of emergency. The following is the Board policy on financial exigency:

“Anything in the Rules of the Board of Supervisors for the University of Louisiana System to the contrary notwithstanding, if the Board determines that a condition of financial exigency exists at an institution, or in the University of Louisiana System generally, then the furlough, layoff, or termination of tenured faculty, non–tenured faculty, or other contract employees before the end of their contract term will be handled in accordance with the financial exigency policy set forth below.

“1. Definition of Financial Exigency. A condition of financial exigency shall exist whenever the financial resources of an institution are not sufficient to support the existing programs and personnel of the institution without substantial impairment of the ability of the institution to maintain the quality of its programs and services. Financial exigency may result from a substantial reduction in financial resources or from the failure to receive increases in financial resources sufficient to maintain quality. Evidence of financial exigency may include, among other factors, reduction of state appropriations, faculty and staff salary levels substantially below national and regional averages, significant loss of personnel, or inability to attract new personnel apparently due to inadequate salary and other support, and substantial threat of deterioration of facilities due to lack of resources for maintenance.

“2. Board of Supervisors for the University of Louisiana System Action . The Board, in the exercise of fiscal responsibility, may decide to declare financial exigency with respect to the System as a whole or to one or more institutions of the System. Reasonable efforts shall be made to insure that students affected will be allowed to complete their programs, within the limits of budgetary restraints, at the institution or by transfer to another institution.

• “A declaration of financial exigency shall represent a determination by the Board, upon recommendation of the institution president and System President, that the financial condition of an institution, or System has reached a crisis in which the entity must carefully reexamine its priorities and reduce programs or personnel or both to effect a cost savings sufficient to alleviate the financial exigency.
• “The determination of financial exigency affecting the System or any institution shall be the sole responsibility of the Board. However, the president of an institution, after consultation with representative faculty members and approval by the System President, may request such a determination by the Board through the System President. When such determinations are made, this policy, along with any implementing procedures, will take precedence over those applicable Board policies which govern normal operating procedures. Implementation of a declaration by the Board of financial exigency shall be developed with the understanding that action taken will be consistent with the basic mission of the System to provide the best possible education, research, and public service.

“3. Implementation of Declaration of Financial Exigency. Upon a declaration of financial exigency by the Board, the president of each institution, after consultation with faculty and staff, and approval by the System President, shall determine whether furloughs, layoffs, or terminations are required and which employees will be affected. This determination shall be made in accordance with procedures established by the System President, and approved by the Board, which will give primary consideration to the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the institution. The procedure should also give priority to tenured faculty over non–tenured faculty in retention.

“Faculty and other employees under contract who are furloughed, laid off, or terminated before the end of their contract terms for reasons of financial exigency shall, whenever possible, be notified at least 90 days in advance of the date of the furlough, layoff, or termination. Notice shall be in writing and shall be delivered personally or by certified mail, with return receipt requested. Notice shall be complete upon delivery or mailing and shall include:

1. a statement of the conditions requiring furlough, layoff, or termination;
2. a general description of procedures followed in making the decision;
3. a statement of the employee’s right to respond orally and in writing to a designated official or committee of the institution;
4. and the employee’s right to a review by the institution president within the time specified in the notice as to the reasons for the furlough, layoff, or termination; and
5. the employee(s) shall also have the right, upon written request within 20 days from the date of notification of the final decision of the institution president, to apply in writing to the System office for a review of the decision.

“The term “furlough“, as used in this policy, is defined as temporary leave without pay for any employee, including tenured faculty members, non–tenured faculty, or other contracted employees, before the end of their contract term. The term layoff, as used in this policy, is defined as the temporary dismissal of any employee, including tenured faculty members, non–tenured faculty, or other contracted employees, before the end of their contract term. Layoffs may lead to eventual termination. Layoffs or terminations may occur within an academic unit or other unit of an institution without a net loss of faculty members or other personnel at the institution. Specifically, layoffs or terminations in some academic or other units may occur with simultaneous authorization of new positions for different duties in academic or other units, depending upon the needs of such units.

“4. Approval Required. Anything in the regulations of the Board notwithstanding, if the Board declares financial exigency, either at an institution, or in the System, as provided in section (b) above, program modifications or discontinuances recommended by the institution and approved by the System President must be approved by the Board. With respect to the implementation of such program and modifications or discontinuances upon a declaration of financial exigency, decisions with respect to furlough, layoff, or termination of any tenured faculty, non–tenured faculty, or other contract employee before the end of their contract term must be approved by the institution presidents and the System President, and the decisions are final upon approval of the System President. Review of such decisions by the Board is at its sole discretion.

“5. Termination of Financial Exigency. Financial exigency shall terminate either at the end of the fiscal year, or after one calendar year, depending upon the financial state of the institution at the end of the fiscal year.

“The institution shall publish in its faculty handbook procedural policies developed by administration, faculty, and staff. These policies must be approved by the Board. Any changes or updates of the policy must be approved by the Board prior to implementation.

“Emergency procedure. by the System President may allow the institution to implement emergency procedures to be reviewed at the next full Board meeting.

“Affected persons may petition the Board within 30 days for a review after all due process has been exhausted at the institutional level.”

2.14.5.1 Other Definitions

• “Reduction in force” is termination resulting from a bona fide financial exigency or the formal discontinuance of a degree or program area (retrenchment).
• Definition of “bona fide financial exigency” exists when the financial resources of the University’s educational and general budget are judged by the Board of Supervisors to be inadequate to maintain the fiscal solvency of University operation.
• “Formal discontinuance” means the elimination of a degree or program area through action initiated by the University, the Board of Supervisors or the Board of Regents..
• “Degree” means any Associate, Baccalaureate or Master’s Degree, or Specialist’s Degree awarded by the University.
• “Program” means curriculum area or service/support area.
• “Curriculum area” means clusters of courses designated by a common and approved course prefix. “Service/support areas” include all those units of the University not directly involved in delivery of instruction, for example, student services, physical plant, the University Library. Program reductions in non–academic areas are not governed by this Manual, but by pertinent Board of Supervisors regulations or internal administrative policies and procedures.

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2.14.5.2 Priorities

In the event of a bona fide financial exigency or the formal discontinuance of a degree or program area, the retention of viable academic programs and the protection of tenure are of primary importance. Therefore, when reasonable means for coping with bona fide financial exigency or formal discontinuance of degree or program areas have been exhausted with the exception of reduction in force of faculty members, terminations of faculty appointments shall be made by the President, based on recommendations of the Provost and Vice President for Academic Affairs and Faculty Senate and in accordance with the following priorities:

1. attrition resulting from resignation, non–reappointment, early retirement, or other severance actions;
2. termination of term contract faculty appointments by seniority, without regard to degree or program area, prior to termination of probationary or tenure contract appointment;
3. termination of probationary or tenure contract faculty appointment with regard to the criteria specified in the following sections.

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2.14.5.3 Criteria

“Continuous service” as used in the following shall include time spent on sabbatical leave, official leave without pay, sick leave, and annual leave. Resignations for any period of time shall constitute a break in continuous service.

In making decisions on reductions in force, the following criteria shall be considered:

• protection of tenure contract faculty;
• protection of highest ranked academic faculty;
• within rank, seniority in the degree or program area, as determined exclusively by length of continuous service at the University shall prevail;
• impact of terminations on students enrolled in degree or program areas;
• Board of Supervisors policies on program discontinuance and program review.
• the cumulative results of the Annual Report of Academic Programs (2.14.5.5a).

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2.14.5.4 Plan for Termination for Reduction in Force for Financial Exigency

The plan for terminations due to reduction in force for Financial Exigency is as follows:

1. Within five (5) working days of a declaration of bona fide financial exigency, the President shall notify the President’s Cabinet, the Faculty Senate and the Budget Committee of such declaration and charge that Cabinet and Committee to prepare, within a maximum of fifteen (15) calendar days of receipt of such notice, a list of degree or program areas to reduce or eliminate. If the Cabinet and Committee do not submit a recommended plan, or if the plan does not require reductions in force, or if the plan removes the condition of financial exigency, the President in consultation with the Provost and Vice President for Academic Affairs shall exercise sole discretion in responding to the financial exigency.
2. If the plan requires reductions in force, the President shall notify the Academic Council and Senate Executive Committee that reductions in force are necessary and charge the Council and Committee to prepare a recommended list of specific personnel reductions within the degree or program area within a maximum of fifteen (15) calendar days of receipt of such notice.
3. If the Academic Council and Senate Executive Committee do not submit a recommended list within the timelines of this provision, the President, in consultation with the Provost and Vice President for Academic Affairs and the Faculty Senate President, shall exercise sole discretion in preparing the termination list of degree or program areas to reduce or eliminate.
4. Anywhere in the course of their deliberations, the Cabinet, Council and Committees may seek information or recommendations from departments, Department Heads, Deans, college or departmental committees, individual faculty members, or other appropriate sources such as student organizations and regional and community advisory councils; it may hold open hearings. All recommendations must be forwarded to the President along with the Faculty Senate’s recommendations.
5. As soon as the list of degree or program areas to be reduced or eliminated is approved by the President, he [she] shall direct the Dean of the college(s) housing reduced or eliminated degree or program areas to recommend names of faculty members to be reduced in force. In accord with criteria specified in section 2.14.5.3, the Deans shall convey recommendations to the Provost and Vice President for Academic Affairs for submission, with any additional recommendations by the Provost and Vice President for Academic Affairs, to the President.
6. The President will forward to the Board of Supervisors his or her recommendation and a timetable for implementation.
7. Upon approval by the Board of the President’s recommendation and timetable for implementation and prior to the President’s final decision on terminations for reduction in force, the affected faculty member shall be notified in writing by the President of the proposed termination action, the evidence supporting such action, and the right of the faculty members to be afforded an opportunity for a hearing within ten (10) working days of receipt of the President’s notice.
8. If the faculty member so requests, the President shall constitute a Committee in accordance with the procedures and processes given in section 2.14.3.3.

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2.14.5.5 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the University

The plan for termination for Reduction in Force for formal discontinuance of a degree or program areas initiated by the University is as follows:

1. The Provost and Vice President for Academic Affairs with assistance from the appropriate Deans and Department Heads will develop an annual report of Academic programs. The report will focus on enrollments, graduates, faculty productivity, and need for the program. The report will give special consideration to programs of growth and programs of decline. The report will also contain specific recommendations and will reflect the stated mission and goals of the University.
2. The recommendation for formal discontinuance of existing degree or program areas initiated within the University shall occur only after a Program review by the Courses and Curriculum Committee and the Academic Council and only upon approval of the President.
3. Program reviews shall be conducted in accordance with Nicholls State University, Board of Supervisors, and Board of Regents policy and those procedures properly adopted by the Boards
4. The President’s recommendation along with other records will be forwarded to the Academic Council, President of the Faculty Senate, and the Courses and Curriculum Committee.
5. If formal discontinuance of an existing degree or program area initiated from within the University does not require reduction in force, the President shall submit the proposal to discontinue, together with appropriate recommendations to the Board of Supervisors for its action.
6. If formal discontinuance initiated from within does require reduction in force, the plan outlined in 2.14.5.4 shall be followed.

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2.14.5.6 Plan for Termination for Reduction in Force for Formal Discontinuance of a Degree or Program Areas Initiated by the Board of Supervisors

The Plan for termination for Reduction in Force for formal discontinuance of degree or program areas initiated by the Board of Supervisors or the Board of Regents is as follows:

1. Formal discontinuance of existing degree or program areas initiated by action of the Board of Supervisors or the Board of Regents shall occur only after Board of Supervisors consultation with the President who shall, in turn, consult with the Provost and Vice President for Academic Affairs, the Academic Council, and the Faculty Senate President.
2. If formal discontinuance initiated by the Board of Supervisors or the Board of Regents does not require reduction in force, the President shall accomplish the discontinuance as directed.
3. If formal discontinuance initiated by the Board of Supervisors or the Board of Regents does require reduction in force, the plan as outlined in Section 2.14.5.4 shall be followed.

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2.14.5.7 Timelines for Notifications for Reduction in Force

Notification of termination for reduction in force must be sent to faculty by registered mail and must specify the reasons for, evidence supporting, the effective date of termination and faculty members’ right to a review hearing.

Notice of termination for reduction in force due to financial exigency may be given at any time and may take effect before expiration of academic or fiscal year contracts, provided that a minimum of sixty (60) calendar days expires between the date of notification and the effective date of termination unless otherwise directed by the Board of Regents or the Board of Supervisors.

Notice of termination for reduction in force due to formal discontinuance of degree or program areas must be given not later than one (1) calendar year in advance of its effective date unless otherwise directed by the Board of Regents or the Board of Supervisors.

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2.14.5.8 Board of Supervisors Review

Affected persons may petition the Board within 30 days for a review after all due process has been exhausted at the institutional level. Review of termination for reduction in force is possible for tenure contract faculty on the grounds of illegal discriminatory practices, violations of academic freedom, or an injury resulting from arbitrary or capricious application of the provisions of Chapter 2 of this Manual. Review is also available on these grounds for probationary and term contract faculty terminated before the end of the contract period.

Requests for review of termination for reduction in force must be made directly to the Board of Supervisors.

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2.14.5.9 Re–employment Provisions

If tenure contract faculty are terminated for reduction in force, they shall receive notice at the address on file in the Department of Human Resources of all faculty vacancies advertised within a three–year (3) period of the effective date of termination. It is the duty of the terminated faculty to maintain a current address in the Department of Human Resources. If terminated tenure contract faculty seek re–employment and believe they are qualified for the vacancy, they shall have the right to request re–employment from the President.

If, in the judgment of the President, who must consult with the Provost and Vice President for Academic Affairs and the appropriate Dean and Department Head, faculty who seek re–employment meet or exceed qualifications for the vacancy as stated in the position announcement, they shall be reemployed in the announced position at the salary and rank in accord with the announced position.

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2.14.5.10 Faculty Reassignment and Other Assistance

In the event of scheduled terminations of tenure contract faculty, the University shall, to the extent of available resources, in the period between notification and the effective date, assist faculty members to prepare for assignment to other degree or program areas where vacancies exist or are anticipated.

Assistance may include, but need not be limited to, awarding of a development or enhancement leave or participation in other faculty development programs; provision of outplacement seminars dealing with employment search strategies, career changes, and the like; use of University resources, as approved by the Provost and Vice President for Academic Affairs, in the employment search; and other appropriate services offered through the Office of Academic Affairs for a period of six months from the effective date of termination.

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Changes to Section of Manual

Effective Date	Origin	Change Form
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