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POLICY #6.22
SUBJECT: Bona Fide Program Discontinuance Procedures

I. PURPOSE

The purpose of this Policy is to establish the procedures the University will use to determine whether a Program, as defined in this Policy, should be discontinued and whether the Program’s faculty should be reassigned or terminated because of the Discontinuance. This Policy also articulates and operationalizes the role of Faculty Senate, the University’s institutionally recognized faculty governance organization.

II. REFERENCES

  1. Utah Code §
  2. Utah Code §
  3. Utah Board of Higher Education Policy
  4. Utah Board of Higher Education Policy

  5. Utah Board of Higher Education Policy
  6. American Association of University Professors (AAUP)
    (Regulation 4, Section d)
  7. Southern Utah University Policy 6.2 Academic Officers
  8. Southern Utah University Policy 6.12 Financial Crisis and Bona Fide Financial
    Exigency
  9. Southern Utah University Policy 6.27 Faculty Workload

III. DEFINITIONS

  1. Academic Officer: A University employee defined in 麻豆果冻视频 Policy 6.2.
  2. Day(s): Dates and times when the University conducts its regular business. Most often that is Monday thru Friday between the hours of 8:00 AM and 5:00 PM Mountain Daylight/Standard Time. Days and times when the University is closed for breaks between academic terms, federal and state holidays, or for emergency declarations by Government officials, are not counted in the timelines established by this Policy.
  3. Discontinuance: The termination of a Program or modification of a program to such a degree that a faculty member’s position is no longer needed for reasons based upon Educational and Academic Considerations.
  4. Educational and Academic Considerations: Indicators, metrics/data, factors, criteria, or observations that are regularly relied upon to evaluate the viability of Programs but does not include cyclical or temporary variations in enrollment.
  5. Faculty: See definitions of Faculty in 麻豆果冻视频 Policy 6.0.
  6. Full-Time Equivalent (FTE): A faculty member with full-time employment at the University has a nine (9) month appointment with teaching workload expectations defined by 麻豆果冻视频 Policy 6.27. For the purposes of this Policy, determining fractional workloads is based on the number of Instructional Credit Hours (ICHs) the faculty member teaches in a particular Program or discipline.
  7. Policy: Any use of the word Policy refers to this Policy on Program Discontinuance.
  8. Program: A unit within the University with an identifiable teaching, research, or other academic mission. A Program is to be determined by existing academic standards, and Programs are never to be defined with the aim to single out individual faculty members for adverse treatment. For a unit to be designated as a Program, it shall have an identified group of faculty and shall fulfill one (1) or more of these criteria:
    1. The unit has program, center, institute, laboratory, department, school, or college in its title or has otherwise been designated as a program;
    2. The unit offers or administers a degree, certificate, or some other credential;
    3. The unit has an identifiable curriculum or “a related cluster of credit-bearing courses that constitute a coherent body of study within a discipline or set of related disciplines” or is formally described in current institutional catalogs or other publications; or
    4. The unit has a separate budget as listed in official institutional documents.

IV. POLICY

  1. Procedures to Determine Whether Discontinuance is Advisable
    1. Authority to Discontinue Programs. The University President retains full authority to discontinue academic programs, and may exercise that authority at their discretion in consultation with the University’s Board of Trustees.
    2. Faculty Participation. The faculty, through the academic departments and the Faculty Senate, provide input regarding the future of specific academic Programs within the institution and the status of individual faculty members in those Programs. The procedures described in this Policy are the University’s attempt to provide for substantive consultation with an institutionally recognized faculty governance organization as expected by the Utah Board of Higher Education.
    3. Procedural Sequence to Initiate Program Discontinuance.
      1. Possible Discontinuation of a Program may be initiated by a committee of faculty from the department or college of which the Program is a part, an Academic Officer as defined in 麻豆果冻视频 Policy 6.2, or the University President.
      2. The initiating committee or Academic Officer shall prepare a written proposal containing the following elements:
        1. The Program’s name or title;
        2. The faculty members that have taught courses associated with the Program and may be impacted by the Discontinuance;
        3. The reasons for proposing the Discontinuance of the Program and any supporting evidence that substantiates the reasons;
        4. A proposed timeline for accomplishing the Discontinuance, including the termination of impacted faculty if termination is a probable consequence of the Discontinuance;
        5. An explanation and justification for eliminating faculty positions/lines and if an incumbent faculty member cannot be re-assigned or transferred to a different department/program, a recommendation to terminate with a justification for the recommendation; and
        6. Proposed Educational and Academic Considerations to assist the Academic Affairs Committee in articulating the standards by which the proposal should be evaluated.
      3. The author, if someone other than the Provost, shall submit it to the Provost or their designee.
      4. The Provost or their designee will distribute the proposal to the following stakeholders for their input and recommendation:
        1. Faculty members directly impacted by the proposal;
        2. All faculty in the affected department or Program;
        3. Faculty in related Programs or Programs that might be impacted by the proposal;
        4. Relevant Academic Officers as defined in Policy 6.2;
        5. Faculty Senate President; and
        6. 麻豆果冻视频SA Academic Vice President.
      5. Comments, data, and recommendations regarding the proposal should be written and given to the dean with supervisory authority over the Program within 30 Days of receiving the proposal.
      6. During the 30 Days that the proposal is undergoing stakeholder review, the Faculty Senate President shall notify the Faculty Senate Academic Affairs Committee that it must articulate Educational and Academic Considerations for the proposal to be evaluated by the Deans’ Council and full Faculty Senate. Relying on Educational and Academic Considerations, the University’s decision to Discontinue a Program must be based on evidence and reflect judgments that in the long term the basic educational mission of the institution will be strengthened by the Discontinuance or modification of the program. Consideration shall be given to a Program’s quality, essentiality, productivity, and cost effectiveness among others articulated by the Academic Affairs Committee of the Faculty Senate.
      7. At the end of the 30 Days, the dean with supervisory authority over the Program will append the input to the proposal and submit the documents to the Deans’ Council and Faculty Senate for review and vote. The Deans’ Council and Faculty Senate should review the proposal using the Educational and Academic Considerations articulated by the Academic Affairs Committee and consider the reasons, available evidence, stakeholder input, and possible alternatives.
      8. If there is agreement among the Deans’ Council and the Faculty Senate, based on a majority vote of those entities, that Discontinuance is advisable, the proposal will be forwarded to the Provost to present at the President's Cabinet for its recommendation to the President.
      9. If there is disagreement among the Deans’ Council and the Faculty Senate, the two groups will convene to see if agreement is achievable through modifying the proposal. If agreement cannot be achieved, the proposal will be forwarded to the President’s Cabinet for review. A letter detailing the reasons for the impasse for the proposed Discontinuance shall be prepared by the Provost, reviewed by the Deans' Council and Faculty Senate Executive Committee, and forwarded to the President’s Cabinet for its ultimate consideration and recommendation to the President. In addition to communicating the action of the Faculty Senate and the Deans' Council, the Provost will also provide their individual recommendation.
      10. If the Deans’ Council and the Faculty Senate agree that the program should not be Discontinued, the Provost shall prepare a letter detailing the reasons for rejecting= the proposed Discontinuance, have the letter reviewed by the Deans’ Council and Faculty Senate Executive Committee, and forward it to the President’s Cabinet for its review, consideration, and recommendation to the President. The President has the authority to override the Deans’ Council and Faculty Senate.
      11. The Provost or their designee shall compile a record of all documents associated with the deliberations prior to the President’s Cabinet review and determination. This record shall be maintained for the purpose of facilitating hearings initiated by faculty members facing termination or change of status as a result of an approved Program Discontinuance.
      12. Communications detailing the recommendations of the Deans’ Council and Faculty Senate regarding the proposed Discontinuance shall accompany subsequent recommendations made by the President’s Cabinet to the Board of Trustees and Utah Board of Higher Education.
  2. Procedures to Terminate or Change the Status of Faculty Impacted by
    Discontinuance
    1. The University will endeavor to place the faculty member in another suitable position at the University before a faculty member is notified of an intent to terminate their position. The University will assess the qualifications of the impacted Faculty member and the essential duties and responsibilities of alternate positions to determine suitability. If any deficiencies in qualifications could be remedied by short-term, reasonably priced training, the University will offer to provide such training to make the faculty member suitable for the alternate role.
      1. When an alternate role is another Faculty position in a different Program or department, the decision to accept tenured Faculty rests with the Faculty in the department which would be receiving such a Faculty member and the supervising dean. These tenured and tenure-track Faculty must decide by simple majority vote (of those attending a called faculty meeting) whether the tenured Faculty member in question is qualified for any vacant position, or would be after a reasonable period of training. If the vote is in favor, particularly where the placement would be facilitated by a reasonable period of training, financial support not to exceed a one academic-year (nine [9] month) sabbatical leave will be recommended to the President and the Board of Trustees by the dean and department chair of the receiving department.
      2. The tenured and tenure-track Faculty of a receiving department may displace a non-tenured or non-tenure track Faculty member to install a tenured Faculty member in a position for which they are qualified, if this does not compromise the integrity of the Program, and is deemed to be in the best interest of the Program.
      3. The displacement of a non-tenured or non-tenure track Faculty to install a tenured Faculty member who has been recommended for termination shall only occur at the discretion of the tenured and tenure-track Faculty of a receiving department. A tenured or tenure-track Faculty member whose position has been eliminated due to Program Discontinuance is not guaranteed another position to maintain employment at the University.
    2. After the Utah Board of Higher Education has approved the Program Discontinuance, and if no suitable alternative role can be arranged by the University, the Provost or their designee will notify the impacted Faculty member, in writing, that their position will be eliminated, and that the Faculty member will be terminated. The written notice will include a statement informing the faculty member that they may request a hearing before the Faculty Review Board of the Faculty Senate if they are to be terminated or have their employment reduced to part time (FTE of 60% or less).
    3. If Faculty members are involved with multiple Programs in various disciplines, and if Discontinuance of at least one (1) Program occurs thereby eliminating a specific discipline, Faculty positions associated with that Discontinued Program may be absorbed by related Programs or disciplines. If Faculty positions cannot be absorbed, positions will be reduced in status by their FTE commitment to the Discontinued Program.
    4. A maximum of two (2) academic years, beginning at the start of the following fall semester after a final decision to Discontinue an academic program, shall pass before the actual Discontinuation takes effect. After that time, a further phase-out period may be approved by the supervising dean to avoid undue hardship for students already in the program. This time frame can be reduced, however, if all the following criteria are met:
      1. If fewer than 10 students are enrolled in the program,
      2. If other arrangements can be made for students in the program, and
      3. If the discontinuance coincides with the natural attrition of faculty.
    5. Notice of Termination
      1. Non-Tenure Track Faculty (Lecturers, part-time, special appointments, term, visiting, or other such non-tenure track Faculty). As a result of a bona fide Program Discontinuance, notice of termination or reduction in status of a non-tenure-track Faculty, should be given in writing in accordance with these time standards:
        1. Not less than 60 days before the effective day of the termination if they have been employed for five (5) or more years, or
        2. Not less than 30 days before the effective date of termination if they have been employed for less than five (5) years.
      2. Tenure-track Faculty without Tenure. As a result of a bona fide program discontinuance, notice of termination or reduction in status of a non-tenured Faculty, or of intention not to recommend reappointment to the Board of Trustees, should be given in writing in accordance with the time standards unless that is not feasible because of directives from the Board of Higher Education or Legislature:
        1. Less than one (1) year of service, three months of notice to be given by March 15 if possible;
        2. More than one (1) year but less than 18 months of service, six (6) months of notice to be given by December 15 if possible;
        3. More than 18 months of service, nine (9) months of notice given by June 30. In essence, this timeframe permits the Faculty member to serve one (1) additional academic year before the termination takes effect.
      3. Tenured Faculty are entitled to nine (9) months of advanced notice of their termination unless that is not feasible because of directives from the Board of Higher Education or Legislature. In essence, this timeframe permits the Faculty member to serve one additional academic year before the termination takes effect.
    6. Severance Pay in lieu of Notice. In lieu of adequate notice as stipulated in Sections IV.C.5 a tenured or tenure-track Faculty member who is terminated, or diminished in FTE for bona fide program discontinuance, is entitled to severance pay for three (3) months, six (6) months, or nine (9) months depending on the length of their service. Severance pay will be equivalent to present, academic year salary in case of termination, or the difference between their present salary and the salary of the diminished FTE or the reduced status. All salary amounts are based on a nine-month academic year base, and represent 1/3, 2/3, or 3/3 of that salary, respectively, for three (3), six (6), or nine (9) months.
    7. Salary Settlement for Terminated Faculty. For tenured or non-tenured Faculty facing termination because of Program Discontinuance, the University may offer a salary settlement in lieu of the Faculty member's continued employment during the time stipulated for notice of termination. If salary settlement is accepted, it shall be unqualified and unconditional, with the understanding that the University has no further responsibility to the individual, and the individual has no further claim or recourse upon the institution. A Faculty member is not eligible for both severance pay and salary settlement.
    8. Right to Reinstatement. If a position, terminated because of Program Discontinuance, is reinstated within three (3) years, then the tenured or tenure-track Faculty member terminated shall have the right of immediate reinstatement, unless that individual previously accepted a salary settlement.
    9. Hearing Procedures for Faculty Terminated because of Program Discontinuance
      1. Due process differs from Termination for Cause. Because decisions leading to Program Discontinuance involve faculty at the department and/or college level, the Faculty Senate, Deans’ Council, and Academic Officers, the procedural due process for faculty members affected by Program Discontinuance is different than one that is being terminated for cause.
      2. Eligibility to request a hearing. If a Faculty member will be terminated or have their FTE reduced by 40% or more, the Faculty member may request a hearing before the Faculty Review Board.
      3. Substantive basis of hearings. The hearing, if requested by the Faculty member, is limited to the following issues:
        1. The decision for Program Discontinuance was arbitrary and capricious, or pretextual relative to the Faculty member’s recommended termination.
        2. The decision for Program Discontinuance was not in accordance with this Policy and led to an adverse decision regarding the impacted Faculty member.
        3. The decision for Program Discontinuance resulted from Educational and Academic Considerations that were discriminatory or prejudicial or were applied in ways that were discriminatory or prejudicial.
      4. Request for Hearing. The impacted Faculty member may request a hearing by writing to the Faculty Senate President. This written request for hearing should identify the substantive bases for the request, and reference available evidence that supports the identified bases. The Faculty Senate President will share a copy of the Faculty member’s request for hearing with the Provost or their designee so they may prepare a response to the substantive bases identified in the request. The Provost or their designee will have 10 Days to prepare a response.
      5. The Faculty Senate President will provide the hearing request and the response to the Chair of the Faculty Review Board. The Chair of the Faculty Review Board will schedule a hearing within 20 Days of receiving the request and response.
      6. The Faculty Review Board will adopt hearing procedures to facilitate the hearing consistent with standards common to administrative hearings. The Faculty Review Board and its hearing procedures are not subject to rules of evidence or rules of procedure common to courts. The standard of evidence for hearings is the preponderance of evidence.
      7. The decision for Program Discontinuance will be considered presumptively valid, and the Faculty member will have the burden of persuasion regarding any assertion that suggests otherwise. On other issues and bases the University administration will assume the burden of proof.
      8. The Faculty Review Board may determine any of the following:
        1. The Faculty member’s request and substantive bases are not supported by a preponderance of the evidence and therefore are insufficient to change the decision to terminate their position or reduce their FTE.
        2. The Faculty member’s request and substantive bases are supported by a preponderance of the evidence and therefore are sufficient to change the decision to terminate their position or reduce their FTE. In such cases, the Faculty Review Board may recommend the termination be reevaluated by the University and an alternative course of action be pursued to restore the Faculty to employment.
        3. The reevaluation of termination or reduction in FTE should be completed by December 1 of the calendar year in which the recommendation for termination or reduction was made.
      9. The Faculty Review Board Chair will draft a written determination that reflects the decision of the Board within five (5) Days of the hearing. The written determination will be provided to the Faculty member, the Provost, and the President.
      10. If the Faculty Review Board has recommended the termination or reduction be reevaluated, the University President may
        1. Elect not to follow the recommendation with a written decision outlining the reasons; or
        2. Elect to follow the recommendation and initiate the re-evaluation with the stakeholders that may be impacted by restoring the Faculty member to employment.
      11. The President should deliver their written decision regarding the recommended re-evaluation within 10 Days of receiving it to the Faculty member, the Faculty Review Board Chair, and the Provost. The President’s decision will be final.
      12. A Faculty member may resign their position at any time during the procedures for Program Discontinuance.
  3. Relationship to Financial Exigency
    1. 麻豆果冻视频 Policy 6.12 incorporates hearing procedures established in this Policy. Faculty who desire a hearing because their position is being terminated or reduced as a result of Financial Exigency should consult this Policy.
    2. The substantive bases for hearings associated with Financial Exigency are different. Those bases include:
      1. The validity or efficacy of criteria used by the institution to determine which Faculty should be subjected to termination or reduction;
      2. The application of the criteria to the impacted Faculty was clearly erroneous; or
      3. The application of the criteria were pretextual or discriminatory for the impacted faculty. In this case, the Faculty member assumes the burden of proof.
    3. Faculty members may not contest the necessity of declaring Financial Exigency or Financial Crisis.
    4. The hearing procedures for Financial Exigency may be modified by the Faculty Review Board, but will generally follow the sequence outlined in this Policy. In addition, the Faculty Review Board will adopt specific hearing procedures to facilitate the hearing.

V. RELEVANT FORMS/LINKS

N/A

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible office for this Policy is the Office of the President. For questions about Program Discontinuance, contact the Provost's Office.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: May 5, 2000

Amended: July 1, 2024 (temporary authorization); March 28,2025