Retrenchment Due to Financial Exigency Sample Clauses

Retrenchment Due to Financial Exigency a. A condition of financial exigency shall be declared by the Board of Trustees at such time as the University faces an imminent financial crisis which threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means. b. Proposals to eliminate academic units or programs shall proceed in accordance with the University protocols and procedures for review of such proposals, provided that the review process therein specified shall, following a declaration of financial exigency, be completed in accordance with a timetable established by the ▇▇▇▇▇▇▇ following consultation with the Faculty Senate and not to exceed six (6) months. c. If the course of action adopted by the Board of Trustees requires termination of faculty appointments, under the direction of the President or his or her designee, a staffing plan will be developed in coordination with affected college or school or division Deans, Directors and Chairs, to address such personnel actions. Staffing plans may include proposals for reductions in FTE (e.g. reduced workload and reduced salary), temporary or permanent reassignments within the institution or other options that may obviate or lessen the need for faculty terminations. i. In all cases requiring termination of faculty members, primary consideration shall be given to the University’s responsibility to offer academic programs consistent with its institutional mission and established strategic priorities. Except for compelling and bona fide reasons relating to academic and program needs, appointment terminations will be made within academic units in conformance with the following order of priority: (a) part-time faculty (i.e. less than .75 FTE) in an affected program; (b) non-tenure track faculty members in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service; (c) non-tenured, tenure-track faculty in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service; (d) tenured faculty in an affected program in reverse order of rank, and within each rank, in reverse order of seniority or credited professional service. ii. In any case in which the order of termination is based on other than seniority, the ▇▇▇▇ will provide in writing to the Union the reasons for this decision. d. Affected faculty will receive written notice of termination from their ▇▇▇▇ or decanal equiv...
Retrenchment Due to Financial Exigency. The following procedures are used for the reduction of Unit members, how such personnel shall be laid off, and how they shall be recalled. The term ▇▇▇▇ is generic in nature as is the term academic unit. When read in this document, such terms appropriately apply to the Division of Library Services.
Retrenchment Due to Financial Exigency. The following procedures are used for the reduction of Unit members, how such personnel shall be laid off, and how they shall be recalled. The term ▇▇▇▇ is generic in nature as is the 8 In the case of decisions to discontinue an academic program by the Board of Regents, “the procedure surrounding the dismissal was improper” will not be considered grounds for grievance. term academic unit. When read in this document, such terms appropriately apply to the Division of Library Services.
Retrenchment Due to Financial Exigency a. A condition of financial exigency shall be declared by the Board of Trustees at such time as the University faces an imminent financial crisis which threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means. Such a declaration shall be made by the Board of Trustees upon recommendation of the University President. The recommendation of the President shall be made following consultation with the Faculty Senate Executive Council and the Union President, such consultation to be held jointly or separately in the sole discretion of the President. The President’s recommendation must include submission to the Board of Trustees of documentation of the financial position of the University, a request for the declaration and reasons therefor, and a plan to address the financial condition of the Univer-
Retrenchment Due to Financial Exigency a. A condition of financial exigency shall be declared by the Board of Trustees at such time as the University faces an imminent financial crisis which threatens the survival of the institution as a whole and which cannot be alleviated by less drastic means.

Related to Retrenchment Due to Financial Exigency

  • Financial Exigency 14.01 The termination of the employment of any Employee because of financial exigency shall only occur after a declaration of financial exigency by the Board of Governors. 14.02 The Board of Governors shall not declare a state of financial exigency except on bona fide financial grounds. 14.03 If the Board of Governors believes a financial exigency exists it shall give notice to the Union of that belief together with a statement of the financial reasons for that belief and shall establish a financial commission of three (3) persons. The Board of Governors shall consult the Union to establish an agreed list of names from whom these three (3) shall be chosen. The three (3) persons shall be selected by the Board of Governors within thirty (30) days of the decision to establish a financial commission. The terms of reference of the commission shall be: 14.03.1 to assess whether in the light of a full examination of the University's financial situation a bona fide financial exigency exists; 14.03.1.1 the commission shall have access to all that financial information referring to the operations, assets and the ancillary enterprises of the University which is necessary to make a judgment as to whether there is a financial exigency or not; 14.03.1.2 the commission shall invite submissions or written representations from the Union, the faculty and the student representative council; 14.03.1.3 the occurrence of an operating deficit in any given year shall not necessarily constitute a bona fide financial exigency; 14.03.2 to make recommendations, if it sees fit, as to what measures might be taken, whether through reductions of academic staff or other means, to resolve the exigency; 14.03.3 to assess whether a decision to resolve the financial exigency through reductions of academic staff is necessary. 14.04 The report of the commission shall be advisory to the Board of Governors. The report shall be submitted to the Board of Governors within twenty (20) Days of the commission being constituted. After receiving the report the Board shall make a decision as to whether or not a financial exigency exists, and shall promptly communicate this decision to the President, the Senate and the Union. The Board may not unreasonably disagree with the report of the commission. If the Board declares that a state of financial exigency exists it shall make the report of the commission available to the Senate and the Union. 14.05 It is the responsibility of the Senate to recommend the general areas, by discipline, in which reductions are to be made. 14.05.1 Within twenty (20) Days of receiving the commission's report, the Senate shall make its recommendations to the President. If the President does not accept all the recommendations of the Senate he or she shall, within twenty (20) Days of receiving them, convoke a meeting of the Senate to discuss his or her reasons for rejecting or modifying them. Within thirty (30) Days of this meeting the President shall communicate his or her final decisions to the Departments with a statement of all the reasons of which the decisions are based. 14.05.2 The decision of the President shall not be subject to arbitration procedures as set out in Article 15 of this Agreement unless the grievance to be submitted to arbitration is based on an alleged violation of Article 2.04, Article 2.05 or Article

  • Mileage Measurement Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. 4.

  • Change in Accounting Method Neither Company nor any of its Subsidiaries has agreed to make, nor is it required to make, any material adjustment under Section 481(a) of the Code or any comparable provision of state, local, or foreign Tax Laws by reason of a change in accounting method or otherwise.

  • Termination for Market Change (a) In the event of delay or interruption under B8.33, exceeding 90 days, and Contract has not been modified to include replacement timber, this contract may be terminated upon election and written notice by Purchaser, if (i) a rate redetermination for market change under B3.33 shows that the appraised weighted average Indicated Advertised Rate of all Included Timber remaining immediately prior to the delay or interruption has been reduced through a market change by an amount equal to or more than the the weighted average Current Contract Rate, or (ii) the appraised value of the remaining timber is insufficient to cover the adjusted base rates as determined under B3.33.

  • Rate Redetermination for Market Change In the event of delay or interruption, exceeding 90 days, under B8.33, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the delay or interruption and the appraised unit value of Included Timber immediately after the delay or interruption. The appraisal shall be done after any rate redetermination done pursuant to B3.31, using remaining volumes.