WIU/UPI Agreement 2007-2011

Article 22: Termination
Unit A

22.1. Termination of a tenured employee at any time or of a probationary employee before the end of the specified term may be effected for adequate cause, including violation of employment obligations or professional ethics as specified in Board or University policy, rules, and regulations, or in this Agreement. Termination is effected only by action of the Board of Trustees upon recommendation of the University President.

22.2. Before an employee is served a notice of intent to seek termination, reasonable attempts shall be made to resolve the matter informally. The University President or designee shall, when practicable, hold at least one meeting with the employee to discuss possible remedial actions by the employee or to discuss settlement of the matter. This meeting will follow consultation with the appropriate administrators. The Union Chapter President shall be informed of this meeting, and a Union Representative shall, with the consent of the employee, be present at the meeting. The employee shall receive prior written notice of the purpose of the meeting, including identification of the topic(s) to be discussed. Additional meetings may be held until either the employee or the University President or designee notifies the other in writing of her or his belief that further meetings will not be productive.

22.3. Within 10 days of notification by either the employee or the University President that further informal meetings will not be productive, the University President shall provide the employee written notification of one of the following:

  1. No further action will be taken and all references to the matter will be removed from the employee’s personnel file
  2. No further action will be taken but documentation pertaining to the matter will be left in the employee’s personnel file
  3. A lesser sanction has been deemed appropriate, in which case a sanction hearing panel will be convened, if applicable and requested within two calendar weeks
  4. Specific remedial actions are to be taken by the employee, the date by which these actions are to be taken, and the method for evaluating the success of the remedial actions
  5. The terms on which the matter is to be settled
  6. Notice of intent to seek termination

22.4. Notice of intent to seek termination shall include a statement of reasons.

22.5. Within 20 working days of receiving notification of intent to terminate, the employee has the right to request a formal hearing before a panel of five tenured Full Professors.

  1. The panel will be selected by the University President and the Union Chapter President or their designees, who will draw by lottery five names from a pool of tenured Full Professors who have been employed at WIU for at least five years.
    1. The pool will consist of two faculty from each department (including the Library) who are elected by their department colleagues no later than October 1 each year. Names will remain in the pool for two full years.
    2. The five names will include no more than two representatives from each college.
    3. The University President and the Union Chapter President will each have the right to veto five names.
  2. Every effort shall be made to adjust the schedule for hearings to accommodate the assignments of the faculty on the panel. When not under contract, faculty serving on the panel may be given compensation.

22.6. A hearing must be held within 90 days of the employee’s request for a hearing. The hearing shall be attended by the Academic Vice President or designee, the appropriate administrator(s), the employee, a Union Representative, and legal counsel if requested. If legal counsel is present at the request of the University, the expense will be paid by the University; if legal counsel is present at the request of the employee, the expense will be paid by the employee. Notice of this hearing shall be given to the employee and the Union. The employee will be afforded the opportunity to present witnesses and to confront and cross-examine all witnesses. The burden of proof that there is adequate cause for termination rests with the University and shall be satisfied only by clear and convincing evidence in the record considered as a whole. The University shall employ a certified court reporter to provide an official record of the hearing, a copy of which will be provided to the employee.

22.7. The panel shall review the reasons for the proposed termination and any related documentation. The panel may request any additional information or witnesses they deem necessary.

22.8. The panel will submit its recommendation to the employee and to the University President within 15 working days of the last day of the hearing. The panel may determine that there is, or is not, adequate cause for termination; if a sanction less than termination is found appropriate, the panel may make such recommendation (see Article 21). All recommendations shall be supported with reasons based on the evidence presented at the hearing.

22.9. The University President shall submit her or his recommendation to the employee by certified mail within 30 calendar days of receiving the panel’s recommendation. The University President’s recommendation, along with that of the panel, shall be delivered to the Board for final action.

22.10. The Board shall be provided copies of all official notifications, recommendations, and accompanying documentation.

22.11. The Board will notify the employee of its decision within 60 days of receipt of the University President’s recommendation.

22.12. An employee served with notice of termination may be suspended with compensation or reassigned by the University President if she or he is of the opinion that the employee’s presence in her or his appointed position constitutes a threat of health, safety, or bodily harm or represents a threat of substantial disruption or substantial interference with the normal and lawful activities of the University members individually or collectively, or harm to property. The University President, or designee, may also direct that the employee be removed and barred from University property. If, following the hearing process described above, it is determined that no actions against the employee will be imposed, the employee will be restored to her or his appointed position.

22.13. Records of previous disciplinary actions involving conduct of the same or similar nature may be used by the panel or University President.