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Publication Date: November 14, 1997

Chapter 2

Faculty and Academics

2.13 Termination and Nonreappointment of Teaching Personnel

  1. Termination

    1. Background

      Termination of the employment of a UTSA faculty member who has been granted tenure and of all other faculty members before the expiration of the stated period of appointment, except as is otherwise provided in Part One, Chapter III, Subsections 6.(11) or 6.(12) and Subdivision 6.26 of the Board of Regents' Rules and Regulations or by resignation or retirement, will be only for good cause shown. Faculty member, as used in this Subsection, includes a professional librarian with an academic title. In each case the issue will be determined by an equitable procedure, affording protection to the rights of the individual and to the interests of the System and University.

    2. Temporary Suspension

      If the President determines that the nature of the charges and the evidence are such that it is in the best interest of the institution, the accused faculty member may be suspended with pay pending the completion of the hearing and final decision by the Board of Regents.

    3. Procedure

      In cases of incompetency or gross immorality where the facts are admitted or in the case of a felony conviction, the hearing procedures shall not apply and dismissal by the President will follow. In cases where other offenses are charged and in all cases where the facts are in dispute, the accused faculty member will be informed in writing of the charges, by the President. Following reasonable notice, the charges will be heard by a special hearing tribunal whose membership shall be appointed by the President from members of the faculty whose academic rank is at least equal to that of the accused faculty member. The hearing tribunal shall not include any accuser of the faculty member. If the accused faculty member is not satisfied with the fairness or objectivity of any member or members of the hearing tribunal, the faculty member may challenge their alleged lack of fairness or objectivity, but any such challenge must be made in writing at least three (3) week days prior to the date of the hearing. The accused faculty member shall have no right to disqualify any such member or members from serving on the tribunal. It shall be up to each such challenged member to determine whether he or she can serve with fairness and objectivity in the matter, and if any such challenged member should voluntarily disqualify himself or herself, the President shall appoint a substitute member of the tribunal who is qualified hereunder.

      In every such hearing the accused faculty member will have the right to appear in person and be represented by counsel of the faculty member's selection and to confront and cross-examine witnesses who may appear.

      The accused faculty member shall have the right to testify, but may not be required to do so, and may introduce in his or her behalf all evidence, written or oral, which may be relevant or material to the defense.

      A stenographic or electronic record of the proceedings will be taken and filed with the Board of Regents', and such record shall be made accessible to the accused.

      A representative of the institution may appear before the hearing tribunal to present witnesses and evidence against the accused faculty member and in support of the charge brought against such faculty member, and such institutional representatives shall have the right to cross-examine the accused faculty member (if the faculty member testifies in his or her own behalf) and the witnesses offered on behalf of the faculty member.

      The institution has the burden to prove good cause for termination by the greater weight of the credible evidence.

      The hearing tribunal, by a majority of the total membership, will make written findings on the material facts and a recommendation of the continuance or termination of the accused faculty member's tenure. The hearing tribunal, by a majority of its total members, may make any supplementary suggestions it deems proper concerning the disposal of the case. The original of such findings and the basic recommendation, together with any supplementary suggestions, shall be delivered to the Board of Regents' and a copy thereof to the accused faculty member. If minority findings, recommendations, or suggestions are made, they shall be similarly treated.

      The Board of Regents', by a majority of the total membership, will approve, reject, or amend such findings, recommendations, and suggestions, if any, or will recommit the report to the same tribunal for hearing additional evidence and reconsidering its findings, recommendations, and suggestions, if any. Reasons for approval, rejection, or amendment of such findings, recommendations, or suggestions will be stated in writing and communicated to the accused faculty member.

  2. Standards of Conduct

    Any employee of UTSA, including any member of the faculty or administration, who, acting either singly or in concert with others, obstructs, disrupts, or interferes with any teaching, educational, research, administrative, disciplinary, public service, or other activity, meeting, or event authorized to be held or conducted on the campus of UTSA or on property or in a building or facility owned or controlled by the U.T. System or component institution is subject to discipline, including dismissal. Obstruction or disruption includes but is not limited to any act that interrupts, modifies or damages utility service or equipment, communication service or equipment, university computers, computer programs, computer records or computer networks accessible through System or institutional computer resources.

    Every faculty member and employee is expected to obey all federal, state, and local laws, and particularly Section 42.01 of the Texas Penal Code and Sections 4.30 and 4.31 of the Texas Education Code. Any faculty member or employee who violates any provision of these three statutes is subject to dismissal as a faculty member or employee, notwithstanding any action by civil authorities on account of the violation.

    The minimum standards of individual conduct required by the penal statutes of Texas or the United States are both expected and required of every faculty member and employee of the System and its component institutions. Any faculty member or employee who violates the minimum standards of conduct required by any felony statute of Texas or the United States is subject to dismissal as a faculty member or employee, regardless of whether or not any action is taken against the faculty member or employee by civil authorities on account of such violation. If action for dismissal is taken, the President shall proceed with the action in the same manner as he or she would in the case of a violation by a faculty member or employee of any other provision of Board of Regents' Rules and Regulations or a provision of the UTSA Handbook of Operating Procedures.

  3. Nonreappointment

    1. Notice

      1. Reappointment of nontenured members of the faculty to a succeeding academic year may be accomplished only by notice by the President or his or her delegate with the approval of the Board of Regents'.

      2. In the event of decision not to reappoint a nontenured faculty member in an academic rank specified in Part I, Chapter III, Subsection 6.21 of the Board of Regents' Rules and Regulations and Section 2.2 of this Handbook of Operating Procedures, written notice will be given not later than March 1st of the first academic year of probationary service if the appointment expires at the end of that academic year, or not later than December 15th of the second academic year of probationary service if the appointment expires at the end of that academic year. After two or more academic years, written notice shall be given not later than thirty (30) days prior to the end of the then current academic year that the subsequent year will be the terminal academic year of appointment and a Memorandum of Appointment shall be provided to such faculty member in accordance with Chapter III, Section 1.61 of the Regents' Rules and Regulations. The notice required by section 1.61 is not applicable where termination of employment is for good cause or program abandonment under the Regents' Rules and Regulations. The written notice shall be sent by certified mail, return receipt requested, to the last address given by the faculty member. Each faculty member shall keep the President or his or her delegate notified of his or her current mailing address. The notice required by this Section is not applicable where termination of employment is for good cause.

      3. Full-time faculty members, including professional librarians with academic titles, who are notified in accordance with Part One, Chapter III, Subsections 6.23, 6.7 or 6.8 of Board of Regents' Rules and Regulations that they will not be reappointed or who are notified in accordance with Subsection 6.23 or Subsections 6.7 or 6.8 that the subsequent academic year will be the terminal year of appointment shall not be entitled to a statement of the reasons upon which the decision for such action is based.

    2. Review

      1. The affected faculty member may present a grievance, in person, to the chief academic officer on an issue or subject related to the nonrenewal decision. The chief academic officer shall meet with the faculty member. Unless a review by a hearing tribunal is requested and granted pursuant to section B below, the nonrenewal decision shall not be subject to further review.


      2. A review by a hearing tribunal shall be granted only in those cases where the affected faculty member submits a written request for a review to the President that describes in detail the facts relied upon to prove that the decision was made for reasons that are unlawful under the Constitution or laws of Texas or the United States. If the President determines that the alleged facts, if proven by credible evidence, support a conclusion that the decision was made for unlawful reasons, such allegations shall be heard by a hearing tribunal under the procedures in Part I, Chapter III, Subsection 6.3 of the Board of Regents' Rules and Regulations as in the case of dismissal for cause, with the following exceptions:

        1. the burden of proof is upon the affected faculty member to establish by the greater weight of the credible evidence that the decision in question was made for reasons that are unlawful under the Constitution or laws of Texas or the United States;

        2. the administration of the institution need not state the reasons for the questioned decision or offer evidence in support thereof unless the affected faculty member presents credible evidence that, if unchallenged, proves the decision was made for unlawful reasons;

        3. the hearing tribunal shall make written findings and recommendations based on the evidence presented at the hearing and shall forward such findings and recommendations with the transcript and exhibits from the hearing to the President; and

        4. the President may approve, reject, or amend the recommendations of the hearing tribunal or may reach different conclusions based upon the record of the hearing. The decision of the President shall be final.

  4. Failure to Provide Notice

    Notwithstanding any provisions of the Board of Regents' Rules and Regulations to the contrary, no person shall be deemed to have been reappointed or to have been awarded tenure because notice is not given or received by the time prescribed in Part I, Chapter III, Subsections 6.23, 6.7 or 6.8 of the Board of Regents' Rules and Regulations and Section 2.10 of this Handbook of Operating Procedures or in the manner prescribed in Part I, Chapter III, Subsections 6.(11) of the Board of Regents' Rules and Regulations and Section 2.10 of this Handbook. Should it occur that no notice is received by the time prescribed in the Board of Regents' Rules and Regulations and Section 2.10 of this Handbook of Operating Procedures, it is the duty of the faculty member concerned to make inquiry to determine the decision of the President, who shall without delay give the required notice to the faculty member.

  5. Termination After Periodic Performance Evaluation

    For individuals found to be performing unsatisfactorily under the provisions of the Periodic Performance Evaluation of Tenured Faculty Policy in Section 2.10, Faculty Reappointment, Tenure, and Promotion, in the Handbook of Operating Procedures, review to determine if good cause exists for termination under the current Board of Regents' Rules and Regulations may be considered. All proceedings for termination of tenured faculty on the basis of periodic performance evaluation shall be only for incompetency, neglect of duty or other good cause shown and must be conducted in accordance with the due process procedures of the Board of Regents' Rules and Regulations, Part One, Chapter III, Subsection 6.3 including an opportunity for referral of the matter to alternative dispute resolution. Such proceedings must also include a list of specific charges by the President and an opportunity for a hearing before a faculty tribunal. In all such cases, the burden of proof shall be on the institution, and the rights of a faculty member to due process and academic freedom shall be protected.

Editorial Amendment
Issued April 2003

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