2.8 SEPARATION AND RELATED ACTIONS
This section describes Roanoke College policies dealing with separation and related actions.
2.8.1 SEPARATION
At times, Roanoke College or individual faculty members may find it necessary to sever their contractual relationship. To protect the interests of both parties, categories of separation are here defined and the policies and procedures related to each are set forth.
The types of separation are as follows:
a. resignation;
b. retirement;
c. non-renewal of probationary (one-year) contract;
d. lay-off;
e. suspension or dismissal for cause.
2.8.1.1 RESIGNATION
Resignation is a severance action by which a faculty member voluntarily seeks to be released from a contract with the College. Because of the extreme hardship which is often caused by untimely resignation, it is requested that all faculty members provide the earliest possible notice of an intent to resign. Faculty must give notice to the Dean of the College no later than sixty days prior to the start of the next academic year.
If a resignation is for reasons of prolonged mental or physical illness, the College, in
consultation with the individual or his or her representative, may consider whether the option of leave of absence would be appropriate and beneficial for all parties concerned.
2.8.1.2 RETIREMENT
1. By action of the Board of Trustees, the College regards 65 as the normal retirement age. However, employees may continue to work as long as they are professionally and physically able. In recognition of the trend toward earlier retirement, College employees may retire as early as age 60.
No later than September of the year prior to the faculty member's reaching the normal retirement age, the department chair will meet with the faculty member to discuss anticipated retirement plans. The purpose of the meeting is to assist the chair in completing staffing plans for the following year. The chair will notify the Dean of the College as to whether normal retirement is intended and whether recruitment of a replacement is requested.
2. The Retirement and Pension Plan, adopted as of September 1, 1955 under the Teachers Insurance and Annuity Association, is required of all full-time personnel who become associated with the College.
3. Employees hired after December 31, 1999 will not be eligible for Post Retirement Health Benefits.
Employees who are under the age of 60 January 1, 2000 – Medical benefits will be provided to official retirees at the prevailing cost-sharing arrangement between the employee and Roanoke College. An employee retiring who has reached the age of 60 and has served 15 years (or its full-time equivalent) will be provided with medical coverage and will pay a portion of the premium for their coverage equal to the existing cost-sharing percentage for active employees. This cost-sharing arrangement will apply to retirees age 60-65 as well as retirees enrolled in the Medicare Supplement provided by Roanoke College.
Employees age 60 or above on January 1, 2000 – Medical benefits will be provided to official retirees in retirement. An employee retiring who has reached the age of 60 and has served 15 years (or its full-time equivalent) will be provided with medical coverage as follows:
Post Retirement Health Benefits are not provided to dependents.
4. Ranked faculty between the ages of 57 and 67 who have been employed for at least fifteen years may elect to participate in the Phased Retirement Plan (see section 2.14.5.1).
2.8.1.3 NON-RENEWAL
(PROBATIONARY CONTRACTS ONLY)
The term "non-renewal" means that the College has decided not to renew a faculty appointment at the conclusion of the stated probationary contract term (see Section 2.2.2 for the definition of probationary contract). Non-renewal is different from "lay-off" in Section 2.8.1.4 and "dismissal for cause" in Section 2.8.1.5.
Legitimate reasons for non-renewal of a probationary contract may include, but are not necessarily limited to, the following:
a. cancellation of or change in a program as defined in Section 2.8.1.4.1.;
b. declining enrollment or enrollment emergency;
c. overstaffing;
d. incongruence between the interests of the faculty member and the goals of the College;
e. unfavorable reviews of the faculty member's major appointment responsibilities.
2.8.1.3.1 Notice of Non-Renewal
Notice of non-renewal must be given in writing by the following dates:
a. on or before February 1 of the first academic year of service if the initial appointment is not to be renewed;
b. on or before December 15 of the second academic year of service if the appointment is not to be renewed; or
c. at least twelve months from the time of official notice to reappoint the faculty member if the faculty member is in the third or more year of an academic probationary appointment.
If the faculty member wishes to know the reason(s) for non-renewal, the request should be made to the Dean of the College in writing.
2.8.1.4 LAY-OFF
Lay-off is a temporary severance action by which the College interrupts the services of a ranked faculty member before the expiration of his or her current contract, without prejudice as to his or her performance. Lay-off occurs because of a major institutional change or emergency and affects both tenured and probationary contract faculty. Reasons for lay-off are:
a. major change in curricular requirements, academic program, or departments, or
b. enrollment emergency.
2.8.1.4.1 Changes in Curricular Requirements or Academic Programs
Lay-off of a ranked faculty member may occur as a result of a major change, including discontinuation of a curricular requirement, an academic program or department in whole or in part. Decisions involving layoffs as a result of such major changes shall be made by the Vice President and Dean of the College.
Faculty laid off under a program change will receive at least one year's notice from the time of a final decision and official notice to the faculty member to change or eliminate the program. The College will normally end such programs and the faculty member's relationship with the College at the end of an academic year. Faculty laid off under this section have the same rights as those under Enrollment Emergency as delineated in Section 2.8.1.4.2.
2.8.1.4.2 Enrollment Emergency
When a sudden decline in enrollment occurs, the President may declare, after consultation with appropriate Faculty groups, a state of enrollment emergency. In such a situation, the President and the Dean of the College, in conjunction with the Faculty Affairs Committee and other appropriate Faculty groups, shall develop a plan to resolve the state of emergency. Such an action will set up a plan and procedure which will follow the same procedures and policies under Lay-off in Section 2.8.1.4.3.
2.8.1.4.3 General Procedures Regarding Lay-Off
When enrollment emergency or major changes in the curricular requirements, academic programs, or departments in whole or in part necessitate the lay-off of ranked faculty members, a serious institutional effort will be made to find employment either at Roanoke College or elsewhere.
If a faculty member is laid off for the reasons described in the previous two sections, no replacement for his or her position will be hired within a period of three years unless the laid off faculty member has been offered reappointment and has been given at least one month after written notice of the offer of reappointment within which to accept the reappointment.
It shall be the duty of the laid off faculty member to keep the College informed of his or her current address for purposes of this section, and notice sent to the address by the College shall be presumed received if sent by certified mail with return receipt requested.
2.8.1.4.3.1 Specific Procedures on Lay-Off
Lay-offs of specific faculty shall be determined by the Departments concerned in consultation with the Vice President and Dean of the College. They shall safeguard the academic quality of the College by insuring that evaluation of the curriculum takes place.
The Vice President and Dean of the College shall make the recommendations for the determination of elimination of program(s) to the President.
2.8.1.4.3.2 Order of Lay-Offs
Once the academic program to be affected has been determined, the decision to lay-off a particular faculty member shall be according to the following procedures:
Prior to lay-off, the following voluntary programs should be investigated.
1. If a program must get by with one fewer person, it should consider retaining all faculty but on a reduced salary and work load. For example, if a program with five persons is to be reduced to four, all five could volunteer to go on four-fifths salary and work load, thus keeping everyone employed during the temporary crisis. While such a program is not very appealing, its voluntary nature must be emphasized;
2. The possibility of voluntary early or phased retirement should be investigated;
3. The possibility of pro rata part-time employment should be investigated;
4. Tenured faculty should be considered for non-teaching positions.
a. All administrative ranked faculty and term contract faculty should be eliminated within the program or department unless program integrity is considered a major factor.
b. With program integrity in mind, the non-tenured faculty should be laid off next.
c. If a tenured faculty member is to be laid off, the following order should be followed: lowest rank, lowest seniority in rank.
2.8.1.4.3.3 Appeals on Lay-Off
If the administration issues notice to lay off a particular faculty member because of reasons discussed in Sections 2.8.1.4.1 and 2.8.1.4.2, the faculty member will have the right to appeal. See Section 2.16 for grievance procedures.
2.8.1.5 DISMISSAL FOR CAUSE
Dismissal for cause is a severance action by which Roanoke College terminates its contract with a faculty member for just cause. Imposition of dismissal is not used to restrain faculty members in their exercise of academic freedom. Dismissal proceedings may be instituted on the basis of any of the following grounds:
a. professional incompetence;
b. continued neglect of or refusal to perform assigned academic duties;
c. deliberate and serious violation of the rights and freedom of fellow faculty members, administrators, or students;
d. conviction of a felony or a misdemeanor that impairs academic effectiveness;
e. failure to follow the canons and professional ethics of one's discipline;
f. falsification of credentials or experience;
g. sexual harassment (see sec. 2.9.7);
h. establishment of a relationship with a student that exploits the trust and dependency of the student, or one that would impair the teacher's professional judgment (see sec. 2.9.3.1., 2nd paragraph);
i. failure to follow standards of the institution with respect to the guidelines within this Handbook after oral and written warnings;
j. failure to follow the obligations of the Academic Integrity system (see Section 3.4.2);
k. violation of the Substance Abuse Policy (see sec. 2.9.8 of Handbook).
2.8.1.5.1 Dismissal Procedures
a. Written notice to the faculty member from the Dean of the College that a recommendation for dismissal for cause shall be made to the President. This notice shall contain a written statement of the grounds upon which the recommendation is to be made and a summary of information supporting such grounds.
b. A reasonable opportunity for the faculty member to meet with the Dean of the College to present his or her defense to the dismissal recommendation.
c. Any dismissal for cause will be automatically reviewed by the Faculty Grievance Committee unless the faculty member stipulates in writing that he/she does not want such review.
2.8.2 ACTION SHORT OF DISMISSAL FOR CAUSE
The President may elect to impose a disciplinary action short of dismissal, such as suspension for a specified period of time without pay. Such an action may also be taken where it is determined by the President that there is a strong likelihood that the faculty member's continued presence at the College poses an immediate threat of harm to the College or to individual members of the College community.
2.8.3 DISCIPLINARY WARNING
Dismissal for cause shall in normal circumstances be preceded by a written admonition by the appropriate administrative officer (chair, Dean of the College, President of the College) describing the alleged problem and warning that the faculty member's contract is in jeopardy. The warning must always stipulate a period of time within which correction of the alleged problem is expected. If the faculty member fails to correct the negligence, dismissal procedures or a lesser sanction may be applied. Such actions are grievable through the procedures in Section 2.16.
2.8.4 PROLONGED PHYSICAL OR MENTAL ILLNESS
Suspension of an appointment with tenure or a probationary contract for medical reasons will be based upon substantial medical evidence that a faculty member is or will be unable, despite reasonable accommodations, to perform the terms, conditions, and normal duties of the appointment due to medical conditions for an extended period of time.
The decision to suspend an appointment for medical reasons will be made only after there has been appropriate consultation and after the faculty member or his or her representative has been informed in writing of the basis of the proposed action and the reasons for it. If the faculty member or his or her representative so requests within thirty (30) calendar days of the notice of suspension, the situation will be reviewed by the Faculty Grievance Committee before final action is taken by the President. The College will in each case work within the disability program to ease the burden of any such medical suspension as far as is contractually possible.
2.8.5 CONVERSION OF GROUP INSURANCE
Generally, all benefits terminate on the first of the month following separation from employment. Employees who are separated have the right to continue group health and to converting life insurance by paying the premiums. Please contact Personnel Services to obtain information on the continuation privileges of group insurance and to complete the proper forms for continuing the benefits desired.