PERSONNEL RETRENCHMENT
Effective: August 15, 2024
Purpose: To provide guidance for the requirements and criteria related to personnel retrenchment.
Scope: This policy applies to all University employees campus wide.
Responsible Office: President’s Office; Human Resources
Policy Statement: Decreases in enrollment, budget reductions, and/or a declaration of financial exigency may lead to personnel retrenchment and the elimination of faculty positions at the University.
If it is necessary, for the reasons stated above, for Emporia State University to embark upon personnel retrenchment this action shall be in accordance with the criteria and procedures set forth herein.
For the purposes of this policy, personnel retrenchment may include the following actions:
- Lay-offs: Elimination of non-tenured and/or tenured faculty
- Lay-offs: Voluntary early retirement
- Decreased Appointments: Fractional appointments (e.g., half-time or 75% time)
In order for personnel retrenchment to include the elimination of tenured positions, a declaration of financial exigency must be declared in accordance with Policy 3.51 - Financial Exigency.
In the event of a declaration of financial exigency or other circumstances warranting a personnel retrenchment, it shall be the responsibility of the President, in consultation with the University Personnel Retrenchment Committee, to develop a plan for reductions in personnel.
General Criteria for Personnel Retrenchment Plan
When it is necessary to eliminate positions and thus terminate faculty, the criteria to be considered follow in order or priority:
- The ability of the University to accomplish its stated mission and to continue the quality of its mission and services shall be maintained in making any determination regarding the elimination of faculty.
- First, unfunded or vacant positions will be eliminated. Second, positions occupied by individuals holding temporary appointments will be eliminated. (For purposes of this policy, tenured faculty members who participate in a phased retirement program are not considered to be holding a temporary appointment.) Next, graduate teaching assistants in unclassified positions will be eliminated.
When personnel retrenchment decisions affect only individuals in academic probationary positions (i.e., tenure-track faculty) because no declaration of financial exigency has been made, the elimination of positions shall be made in accordance with the following considerations, in order of priority:
- Competencies, as defined by AAUP and as needed by the academic unit, and the individual’s performance evaluation;
- Compliance with the affirmative action/equal opportunity policies of the University; and
- Length of service at ESU.
When retrenchment decisions may affect all faculty because a declaration of financial exigency has been made, the elimination of positions shall be made in accordance with the following consideration, in order of priority:
- Contingent faculty (i.e., those neither tenured nor in the tenure track) shall be released before tenure-track faculty.
- Tenure-track faculty shall be released before tenured faculty.
- No termination should be made which would prevent any unit of the University from performing the tasks considered essential.
- Terminations should not be based on the decreasing demand for the services of any unit over less than a three (3) year historical period.
- Terminations within a given unit should ordinarily be made according to rank and within rank according to years of service at ESU.
- Termination should comply with the affirmative action/equal opportunity policies of the University.
Consideration of Alternatives to Elimination of Positions
In developing the personnel retrenchment plan, the President shall minimize the number of positions to be eliminated, to the extent possible, by considering other options including, but not limited to, the implementation of one or more of the following:
- Voluntary early retirement or phased retirement options may be developed and/or encouraged by the University.
- The Deans of the various schools/colleges and other administrative heads may be encouraged to make genuine efforts to transfer tenured faculty members partially or wholly to other positions in which they can perform competently.
- Sabbaticals and leave without pay for retraining should be encouraged to develop new competencies even if they cause temporary weakness (e.g., some essential courses may not be offered for a brief time such as a semester or even a year).
The standards of due notice of non-appointment stated in the University Policy Manual shall not be violated even during periods of declared financial exigency. Any faculty affected by this policy who so desires may avail themselves of the due process procedures of Emporia State University as set forth in the University Policy Manual.
Any individual affected by modifications in any committee’s proposed personnel retrenchment plan has the same right to review at the proper level as those individuals who were affected by recommendations before modifications were made.
The President of the University shall formally announce to the Faculty Senate the Final Personnel Retrenchment Strategic Plan of the University and shall proceed to implement the program in accordance with the Personnel Retrenchment Policy and Procedures founds in the University Policy Manual and other relevant procedures of the University.
Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.
Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources procedures, Academic Affairs procedures, and General University procedures.
[President’s Office procedures - coming soon]
[Academic Affairs procedures - coming soon]
[Human Resources procedures - coming soon]
Related Policy Information: 3.53 – Financial Exigency