Index of the UNLV Bylaws

Chapter III
Section 19. Layoffs or Furloughs

• 19.1 Persons Subject to Layoffs or Furloughs. All persons holding authorized professional positions are subject to lay-off or furlough due to financial exigency or curricular reasons as outlined in the Nevada System of Higher Education Code, Sections 5.4.5, 5.4.6 and 5.4.7.


• 19.2 Curricular Reasons Defined. "Curricular reasons" refers to the bona fide discontinuance, reduction in size or reorganization of an administrative unit, project, program or curriculum for bona fide reasons pertaining to the missions of the University of Nevada, Las Vegas, resulting in the elimination of employment positions.


• 19.3 Layoffs or Furloughs for Financial Exigency. Layoff or furlough of individuals holding an appointment with tenure, or of a probationary or special appointment before the end of the specified term, may occur because of a bona fide financial exigency.


• 19.4 Establishment of Faculty Advisory Committee. In the event that the Board of Regents notifies the president of a possible financial exigency affecting the University of Nevada, Las Vegas, the president shall, within three college working days, convene the Faculty Advisory Committee to work with him or her in using all possible means to avert financial exigency. The Faculty Advisory Committee shall consist of the Executive Committee of the Faculty Senate, the Chair of the Faculty Senate Administrative Faculty Committee, and the Chair of the Faculty Senate Priority and New Program Committee. The president shall forward all recommendations of the Faculty Advisory Committee to the Chancellor. (B/R 3/03)


• 19.5 Financial Exigency. Immediately upon the declaration of a bona fide financial exigency by the Board of Regents the following procedures shall be implemented by the president:


• 19.5.1 Establishment of Ad Hoc Financial Exigency Committee. The president shall create an Ad Hoc Financial Exigency Committee to prepare recommendations for a plan to implement the discontinuance or reduction in size of administrative units, projects, programs or curricula to include layoffs, if necessary, due to the financial exigency. Each such plan shall establish the criteria necessary for recommending and determining such actions.


• 19.5.2 Financial Exigency Plan Requirements. The plan shall take into consideration the affirmative action goals of the University, the responsibility of the University to continue to offer the appropriate range of programs or curricula to its enrolled students and the missions of the University. The plan shall set criteria for identifying the individuals whose appointments are to be terminated. These criteria may include considerations of length of service, tenure status, rank and merit.


• 19.5.3 Ad Hoc Financial Exigency Committee. The president shall establish an Ad Hoc Financial Exigency Committee, determine the number of persons to serve on the committee, and appoint one half of the membership. The Faculty Senate shall elect the other half of the committee membership. The president and the Faculty Senate shall mutually agree on the appointment of a tenured academic faculty member as chair, who will vote only in case of a tie. If the president and the Faculty Senate cannot agree on the appointment of a chair, the president shall appoint the chair. The plan recommended by the committee must be approved by the president.


• 19.5.4 Transmittal of Financial Exigency Plan. The plan, as approved by the president, must be submitted to the Chancellor within the published time limit agreed to by the president and the Chancellor.


• 19.6 Notice of Proposed Termination. When a faculty member is given notice of proposed termination, the following procedures will apply:


• 19.6.1 Reconsideration. If the administration issues notice to a particular faculty member because of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to reconsideration. This will include a full hearing before a faculty committee as provided in UNLV Bylaws, Chapter III, Section 19.12.


• 19.6.2 Order of Layoffs and New Appointments.


• A. The appointment of a faculty member with tenure will not be terminated in favor of a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program or the University's mission would otherwise result.


• B. If the president terminates appointments because of financial exigency, he or she will not at the same time make new appointments except in extraordinary circumstances where a serious distortion in the academic program or the university's mission would otherwise result. (B/R 10/98)


• 19.6.3 Transfers. Before terminating an appointment because of financial exigency, the president, with faculty consultation, will make every reasonable effort to place the faculty member in another suitable position within the University System.


• 19.6.4 Restriction on Replacements. In all cases of termination of appointment because of financial exigency, the place of the faculty member concerned will not be filled by a replacement within a period of two years, unless the released faculty member has been offered reinstatement in writing and has been given a reasonable time in which to accept or decline in writing (no less than 20 calendar days). The reappointment referred to herein shall be at the faculty member's previous rank or range, inclusive of all cost-of-living increases given during the layoff. All sick leave and other accrued benefits shall be restored at the level present at the time of the layoff.


• 19.7 Periodic Review of State of Financial Exigency. A financial exigency, once declared, must be reviewed by the president every 180 calendar days or sooner if appropriate. Before making a recommendation to the Board of Regents on whether a state of financial exigency should be continued or declared ended, the president shall seek the advice of the Faculty Senate and shall obtain its recommendations concerning whether the state of financial exigency should continue or be declared ended. The Faculty Senate recommendations shall be forwarded to the Board of Regents along with the recommendations of the president.


• 19.8 Curricular Reasons for Termination. A person holding an authorized professional position may be terminated for curricular reasons, which is the bona fide discontinuance, reduction in size or reorganization of an administrative unit, project, program or curriculum. When it is determined that a proposed change within a program of study may result in the displacement of faculty the following steps shall be implemented:


• 19.8.1 Notification of Proposed Layoffs. When the recommendations of the appropriate Faculty Senate Priority and New Program Committee, as outlined in Chapter II, Section 6.3.7 and 6.3.8 of these Bylaws, include the potential for displacement of faculty, prior to approval by the Executive Vice President and Provost (or other appropriate administrator in the case of nonacademic faculty), faculty potentially affected will be informed by their supervisor within three college working days of the proposed change, the proposed time schedule and the possible alternatives to termination for curricular reasons which may be available within the University or within other System institutions. (B/R 10/98)


• 19.8.2 Alternatives to Layoffs. Among the alternatives to termination for curricular reasons to be investigated jointly by each potentially affected faculty member's supervisor and dean and the appropriate vice president are:


• A. All reasonable steps will be taken to identify a suitable, alternative appointment within the University for each faculty member who may be displaced. In consultation with the Faculty Senate Priority and New Program Committee, the president and the appropriate vice president shall designate appropriate receiving departments throughout the University for each potentially affected faculty member. A displaced faculty member may be appointed to a vacancy in such a designated receiving department unless the department demonstrates that the displaced faculty member is not suitable for such vacancy or unless the threat of layoffs for curricular reasons is removed. (B/R 10/98)


• B. All reasonable steps should be taken to investigate suitable, alternative appointments within other System institutions and to facilitate communication between each affected faculty member and other System institutions, when requested to by said faculty member.


• C. A careful review and evaluation of administrative appointment, early retirement options, retraining programs, non-University employment opportunities, or other alternatives shall be conducted and discussed with the affected faculty member.


• 19.8.3 Faculty Senate Priority and New Program Committee Recommendations. The recommendations of the Faculty Senate Priority and New Program Committee and the additional findings regarding displacement of faculty for curricular reasons shall be considered by the appropriate vice president or dean who shall either return the recommendations to the Faculty Senate Priority and New Program Committee for reconsideration or approve said recommendations and forward them to the president for final disposition. (B/R 3/03)


• 19.8.4 Procedures for Reviewing Curricular Revisions. Any curricular program proposal which has completed the procedures outlined herein, has been approved by the Executive Vice President and Provost (or appropriate administrator in the case of faculty units), and which necessitates termination for curricular reasons shall be implemented according to the following steps: (B/R 10/98)


• A. The academic department to be affected shall formally consider the proposed change and make its recommendation to the pertinent academic unit committee.


• B. The pertinent academic unit committee shall formally consider the proposed change and make its recommendation to the academic unit faculty.


• C. The academic unit faculty shall formally consider and act upon the recommendation of the pertinent academic unit committee.


• D. The recommendation of the academic department and of the academic unit faculty shall be forwarded to the Faculty Senate and the Academic Council, each of which shall formally consider the matter and forward its recommendation to the president.


• E. The nonacademic faculty unit to be affected shall formally consider the proposed change and make its recommendation to the Administrative Faculty Unit.


• F. The Administrative Faculty Unit shall formally consider the matter and forward its recommendation to the president.


• 19.8.5 Grievances. A faculty member may file a grievance a proposed relocation or termination resulting from discontinuance and has a right to a full hearing as provided in UNLV Bylaws, Chapter III, Section 18.12. (B/R 3/03)


• 19.8.6 Order of Layoffs for Tenured Faculty. Tenured faculty on regular, continuing contracts will not be terminated in favor of retaining nontenured faculty except in extraordinary circumstances where a serious distortion of the program would otherwise result.


• 19.8.7 Order of Layoffs for Nontenured Faculty. Nonacademic faculty on regular, continuing contracts will not be terminated in favor of other nonacademic faculty whose length of service is shorter, except in extraordinary circumstances.


• 19.9 Restriction on Replacements. If a faculty member is laid off for the above stated reasons, the faculty member's position will not be filled within a period of two years, unless a reasonable attempt to offer reappointment has been unsuccessful or reappointment has been offered in writing and the faculty member has not accepted the same in writing within 20 calendar days of receipt of the offer. The reappointment referred to herein shall be at the faculty member's previous rank or range, inclusive of all cost-of-living increases given during the layoff. All sick leave and other accrued benefits shall be restored at the level present at the time of the layoff.


• 19.10 RESERVED


• 19.11 Contents of Layoff Notices. Notice of the layoff of faculty members for financial exigency or curricular reasons shall be in writing and shall furnish the faculty member with a reasonably adequate statement of the basis for the decision to layoff the faculty member, a reasonably adequate description of the manner in which the decision was arrived at and a reasonably adequate disclosure of the information and data upon which the decision was based. The notice shall also inform the faculty member of the right to reconsideration, the procedures for reconsideration and the identity of the person or persons to whom a request for reconsideration should be directed.


• 19.12 Reconsideration Process. Within 15 calendar days after receipt of the notice of layoff, the faculty member may request reconsideration of the decision to layoff, at which time the following provisions and procedures are applicable:


• 19.12.1 Order of Procedure. The reconsideration process may include:


• A. RESERVED


• B. The soundness of the educational/professional judgments and the criteria for identification for termination of the individual; but the recommendations of a faculty body on these matters will be considered presumptively sound.


• C. Whether the criteria are being properly applied in the individual case.


• 19.12.2 Employment Review Committees. In the event decisions are made to layoff faculty members because of financial exigency or curricular reasons, the president shall establish one or more Employment Review Committees. The president shall determine the number of persons to serve on the committee(s), shall determine their terms of service and, in addition, shall choose one half of the membership of the committee(s) including one student. The Faculty Senate shall elect one half of the committee membership. The president and the Faculty Senate shall mutually agree on the appointment of a chair, who must be a tenured faculty member. If the president and the Faculty Senate cannot agree on the appointment of a chair, the president shall appoint the chair. The chair shall vote only in case of a tie vote. No one who took part in making the specific recommendation to the president to layoff the faculty member requesting the reconsideration may be a member of the Employment Review Committee.


• 19.12.3 Contents of Request for Reconsideration. The request for reconsideration shall be submitted in writing to the president, together with the reasons, arguments and documentation supporting the request for reconsideration. The president shall immediately send the request for reconsideration, together with a copy of the notice of layoff, to the Employment Review Committee.


• 19.12.4 Hearings. The Employment Review Committee shall hold a hearing on the request for reconsideration within 15 calendar days of its receipt or, given the number of requests that may be received, as soon after that time limit as is feasible. The hearing shall be informal and nonadversarial in nature. The committee shall have the discretion to consolidate hearings.


• 19.12.5 RESERVED


• 19.12.6 Administration's Response. The University administration shall have an opportunity to respond to the contentions of the faculty member requesting reconsideration or to otherwise correct any erroneous or misleading information presented to the committee.


• 19.12.7 President's Decision. The Employment Review Committee shall forward its written recommendation to the president on the issue or issues presented by the request for reconsideration within 10 calendar days after the conclusion of the hearing. The president shall make a decision within 5 calendar days after receipt of the recommendation. The president's decision shall be final and shall be sent, in writing, to the faculty member requesting reconsideration.


• 19. 12.8 Exclusive Means of Review. The review process involving financial exigency or curricular reasons shall be the exclusive means of review of such decisions.


• 19.13 Minimum Notice of Nonreappointment for Nontenured Faculty.


• 19.13.1 Minimum Notice of Nonreappointment for Nontenured Faculty. Unless provided otherwise in an employment contract, notice of nonreappointment to employment of nontenured faculty shall be given:


• A. Not later than March 1 of the first academic or fiscal year of service, if the employment contract terminates at the end of that year, or if an employment contract for a one year appointment terminates during an academic or fiscal year, at least 90 calendar days in advance of its termination;


• B. Not later than December 15 of the second academic or fiscal year of service, if the employment contract terminates at the end of that year, or if the second employment contract for a one year appointment terminates during an academic or fiscal year, at least 180 calendar days in advance of its termination;


• C. At least 365 calendar days in advance of the termination of each succeeding employment contract of one academic or fiscal year's duration after the second year of service;


• D. For employment contracts of less than one academic or fiscal year's duration, for a period of time which may be mutually agreed upon by the parties to such employment contracts, but, in all events, no less than 14 calendar days in advance of the termination of such contracts. (Nevada System of Higher Education Code 5.9.1.);


• E. Faculty holding contracts under Nevada System of Higher Education Code 5.4.2, shall have the same minimum notice as specified in Nevada System of Higher Education Code 5.9.1;


• F. Nontenured faculty members must be given written reasons for nonreappointment and have the right to reconsideration but not to grievance.


• 19.13.2 Shortened Notice of Nonreappointment for Financial Exigency for Nontenured Faculty.


• A. Nonreappointment of a nontenured faculty member at the end of an existing employment contract by the University because of a financial exigency shall conform to the shortened notice of nonreappointment, given in Nevada System of Higher Education Code 5.9.2, except that if a financial exigency is such that adequate funds do not exist to pay the terminated faculty member's salary for such period, the notice of nonreappointment may be shortened to a period commensurate with the amount of funds reasonably available to make such payments. Notice of nonreappointment for financial exigency shall require at least 60-calendar days’ notice, except as provided above.


• B. If a nontenured faculty member is not reappointed to employment under the shortened notice of nonreappointment because of financial exigency, the faculty member's position will not be filled by a new appointee within a period of two years, unless a reasonable attempt to offer reappointment has been unsuccessful or reappointment has been offered in writing and the faculty member has not accepted the same in writing within 20 calendar days of the receipt of the offer. The reappointment referred to herein shall be at the faculty member's previous rank and step or range. All sick leave and other accrued benefits shall be restored at the level present at the time of layoff.


• C. Faculty holding contracts under section 5.4.2(b) of the Nevada System of Higher Education Code shall receive the same shortened notice as specified in Nevada System of Higher Education Code 5.9.2. (B/R 6/89)