XXI. Termination of Faculty Members with Tenured Appointments for Reasons Other Than Cause

A. General Principles. The Board of Trustees is ultimately responsible for the vibrancy of Columbia College Chicago’s mission, the appropriateness of the areas of its academic focus, and the strength of its financial condition. When a serious problem exists in any of these areas, the Board of Trustees has a fiduciary responsibility to use its full authority to preserve the health and vitality of the College. In particular, the Board of Trustees may act if, at any time, it believes one or more of the following circumstances exists: (1) the College as a whole or a specific Area of Academic Focus faces imminent, serious financial difficulty, (2) a specific Area of Academic Focus no longer materially contributes to the mission or purposes of the College, or (3) a reallocation of resources is necessary or prudent for the continued educational or financial vitality of the College as a whole or a specific Area of Academic Focus. (Any such circumstance is referred to as an “Adverse Circumstance.”) In the event the Board determines, in accordance with the provisions of Section XXI.E., that an Adverse Circumstance exists, the Board will direct the President to take such steps as it deems appropriate, which steps may include the termination of faculty members with Tenured Appointments. The authority of the Board of Trustees to make such a determination and to direct that such steps be taken is not subject to challenge or review.

B. Advisory Report. In the event the Board believes that a situation, condition, or development at the College (“Questioned Situation”) may be or may become an Adverse Circumstance, it will direct the President to prepare, within a specified period of time, a written report (“Advisory Report”) with respect to the Questioned Situation. In the Advisory Report, the President will (1) evaluate the nature, seriousness, and reasonably anticipated adverse effects of the Questioned Situation, (2) describe the steps that have been taken to address the situation, and (3) recommend the further steps that should be taken to address the situation, which further steps may include the termination of faculty members with Tenured Appointments. In the case of a Questioned Situation relating solely to a specific Area of Academic Focus, the President will include in the Advisory Report an evaluation of the availability of economically and academically reasonable measures for retaining all faculty members with Tenured Appointments, whether through reassignment or otherwise.

C. Faculty Consultation. Prior to presenting the Advisory Report to the Board of Trustees, the President’s Advisory Report will be Delivered in draft form to all members of the Executive Committee ("Committee") of the Faculty Senate. The Chair of the Committee will then call a special meeting or meetings of the Committee for the purpose of discussing the draft Report, formulating comments on it, and developing recommendations as to the steps that should be taken to address the Questioned Situation. Within thirty Business Days after receipt of the draft Advisory Report, the Chair of the Committee will Deliver to the President the Committee’s written comments and recommendations.

D. President’s and Committee’s Recommendations. Within ten Business Days of receipt of the Committee’s comments and recommendations, but in no event later than the end of the period specified by the Board of Trustees, the final version of the President’s Advisory Report and the Committee’s written comments and recommendations will be Delivered to the Chair of the Board of Trustees.

E. Board of Trustees’ Determination. Based on the President’s Advisory Report, the Committee’s written comments and recommendations, and such other information as it deems relevant, the Board of Trustees will determine whether the Questioned Situation constitutes an Adverse Circumstance. In the event it determines that an Adverse Circumstance exists, the Board will direct the President to take such steps as it specifies. Such steps may include the termination of faculty members with Tenured Appointments only if the Board has considered the appropriateness, likely effectiveness, and availability of other means for addressing the Adverse Circumstance. In the case of an Adverse Circumstance relating solely to a specific Area of Academic Focus, such other means will include any economically and academically reasonable measures recommended by the President or the Committee for retaining all faculty members with Tenured Appointments. In the case of any Adverse Circumstance, such other means will include reduction or cessation of programs or activities not directly related to the instruction of students, termination of faculty members with non-Tenured Appointments, the reduction of faculty and administrative compensation, and the reassignment of faculty responsibilities. The Board’s authority, in the event of an Adverse Circumstance, to direct the President to take such steps as it specifies, including the termination of faculty members with Tenured Appointments, is not limited in any way by this Statement except to the extent of its obligation, in the specified circumstances, to consider the foregoing enumerated factors.

F. Faculty Terminations and Review. If the steps specified by the Board of Trustees to address an Adverse Circumstance include the termination of faculty members with Tenured Appointments, whether on a College-wide basis or in a specific Area of Academic Focus, the President will direct the Provost, after consulting with the School Deans, the Chairs’ Council, and the officers of the Senate and giving due consideration to the College’s needs and unique faculty situations, promptly to identify the faculty members whose Tenured Appointments are to be terminated and to notify such faculty members that their Appointments will be terminated at the end of the final year of the teach-out plan for the program as determined by the Office of the Provost. A faculty member may challenge or seek review of the determination to terminate the faculty member’s Tenured Appointment solely in accordance with Section XXII (Review of Nonrenewal, Denial of Tenure, or Termination of Faculty Appointments).

G. Compensation. Any faculty member whose Tenured Appointment is terminated in accordance with the provisions of this Section XXI will be entitled to receive full compensation and benefits for the academic year following the year in which the faculty member’s Tenured Appointment was terminated but otherwise will cease, as of the end of the academic year in which his or her Tenured Appointment was terminated, to have any privileges or obligations associated with a faculty appointment at the College.