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University of Maryland, College Park Procedures for Reduction, Consolidation, Transfer, or Discontinuance of Programs

Consolidated USM and UMD Policies and Procedures

II-8.00(A) UNIVERSITY OF MARYLAND AT COLLEGE PARK PROCEDURES FOR REDUCTION, CONSOLIDATION, TRANSFER, OR DISCONTINUANCE OF PROGRAMS

( APPROVED BY THE PRESIDENT 30 APRIL 1991. AMENDED FEBRUARY 6, 1995)

The review of a department, program, school, or unit for
  discontinuance or modification involves primarily academic
  considerations and is part of the normal administrative cycle.
  Whenever reasonably possible, the following procedures shall
  pertain:
 
       1.   When the President of the University of Maryland at
  College Park declares that there may be a necessity for the
  consolidation, transfer, discontinuance, or significant reduction
  of a department, program, school, or other academic unit or
  subunit on campus, and that these measures are likely to entail
  the termination or the transfer of faculty, the matter will be
  submitted to the Academic Planning Advisory Committee ("APAC").
  APAC will review the proposal and its effect on faculty,
  students, and staff.
 
       2.   Any proposal to discontinue an academic unit, to
  reallocate a significant portion of its budgeted faculty
  positions among other academic programs, units, or courses of
  study, or to transfer programs or units from this institution to
  another institution shall be reviewed and evaluated by APAC.  The
  Committee may recommend modifications.  Where relevant, the
  evaluation shall be based on the following considerations, which
  are not listed in any order of priority or preference:
 
            (a)  The centrality of each program or course of study
  to the mission of this institution or to the mission of the
  college, school, or department within which it is located;
 
            (b)  The academic strength and quality of the academic
  program or unit, and of its faculty in terms of national ratings;
 
            (c)  The complementarity of the academic program or
  department and the work done therein to some essential program or
  function performed on this institution;
 
            (d)  The duplication of work done in the academic
  program or department by work done in other programs or
  departments elsewhere within the University of Maryland System;
 
            (e)  The student demand and projected enrollment in the
  subject matter taught in the program or unit;
 
            (f)  The current and predicted comparative cost
  analysis/effectiveness of the program or unit; and,
 
            (g)  Such other pertinent factors as the Committee
  deems proper, after consultation with the Senate Executive
  Committee.
 
  APAC will submit its report and recommendations to the Provost.
 
       3.   Before APAC completes its report and recommendations,
  it shall conduct at least one open hearing at which anyone
  affected or concerned about the proposed action may be heard,
  except that the college, school, department, program, unit, or
  subunit directly affected by the proposal may, at its request, be
  heard in closed session.
 
       4.   APAC shall share with the academic program or unit and
  the affected faculty therein any information and documents it may
  have obtained during its review of the proposal.  It will
  endeavor to do so at least five (5) working days before any
  meeting with the unit and affected faculty.  Persons affected by
  the proposal will be given an opportunity to make written
  submissions or oral presentations.  APAC may establish such
  procedures, including time limitations and rules for relevancy,
  as it determines necessary to proceed in an ordered and efficient
  manner.  The open and/or closed session is for the purpose of
  obtaining information.  It is not intended as an adversarial or
  adjudicatory process.  Thus, for example, persons offering
  testimony may be questioned by the Committee, but "cross
  examination" is not within the character of the proceeding.
 
       5.   The Provost shall review APAC's recommendations and
  submit his or her proposal with APAC's recommendations to the
  President.  The President will either return the proposal to the
  Provost for further consideration or submit the Provost's
  proposal and APAC's recommendations to the Senate.
 
       6.   The College Park Senate and its committees shall be
  given a reasonable time to conduct review proceedings,
  deliberate, and make its own recommendations concerning the
  proposal to the President.
 
       7.   When an academic program or unit is to be discontinued
  or transferred, every effort should be made to phase it out over
  a period of time, with due notice to the students and with due
  regard for the contractual rights of faculty whose appointments
  will be affected.
 
            (a)  Students whose access to required course offerings
  is affected by academic reorganization should be afforded
  reasonable opportunities to complete their required coursework
  either at this institution or through cooperative arrangements
  and transfer of credit from other colleges and universities both
  within and outside the University of Maryland System.
 
            (b)  Tenured faculty on lines that are terminated or
  transferred should be reassigned to teaching and/or research in
  related programs or units or to administrative duties when
  qualified for the position and where the need exists.
  Thereafter, similar consideration should be accorded instructors
  and lecturers who have achieved more than seven years continuous
  full-time service, as per Section I.C.13, of the University
  System Policy on Appointment, Rank, and Tenure of Faculty.
 
            (c)  In no instance shall an eliminated academic
  program or unit be re-established at the University of Maryland
  at College Park within six years without offering reappointment
  to all former faculty members whose appointments in that program
  or unit had been terminated.
 
            (d)  For three years from the date of termination, the
  University of Maryland at College Park will endeavor to notify
  individual faculty members whose appointments had been terminated
  because of program elimination of the availability of faculty
  positions at their ranks at this institution that are appropriate
  for persons of their training and experience.  They will be
  notified at the same time the job announcement is made, and will
  be encouraged to apply for positions.
 
       8.   Notice period for termination:
 
            For the purpose of these procedures, the applicable
  termination notice period is determined by the status of the
  faculty at the time the notice of termination is given.
 
            (a)  Non-tenure track faculty, as defined in the
  University of Maryland System Policy on Appointment, Rank, and
  Tenure of Faculty, shall be given written notice of up to one
  year but not less than 30 days prior to the date of termination
  of appointment.
 
            (b)  Non-tenured, tenure-track faculty shall be given
  notice of termination not less than one year prior to the date of
  termination of appointment.
 
            (c)  Full-time instructors or lecturers, with seven or
  more years of continuous service to the institution, commencing
  July 1, 1984, shall be given written notice of termination of at
  least one year prior to the date of termination of appointment.
 
            (d)  Tenured faculty members shall be given notice as
  set forth in University of Maryland System Policy on Appointment,
  Rank and Tenure of Faculty, Section I.C.9, or corresponding
  sections of earlier faculty appointment agreements still in
  effect, as applicable.
 
            (e)  Notice of termination shall be effective on the
  date the notice is mailed by U.S. certified or registered mail,
  return receipt requested, to the last address that the terminated
  faculty member has on record with the University of Maryland at
  College Park.
 
       9.   Appeal process:
 
            The President shall establish an appeals committee
  pursuant to UMS BOR Policy on Faculty Retrenchment (November 29,
  1990, II-8.00).  A faculty member whose appointment is terminated
  under these procedures shall have a right to appeal in accordance
  only with these procedures.  No other appeal procedures within
  the University of Maryland at College Park are applicable.
 
            The faculty member must include all grounds for appeal
  in the written request for appeal.
 
            The filing or consideration of a request for appeal
  will not alter the effective date of termination of the
  appointment.
 
  Appeal Schedule
 
            (a)  A request for appeal must be filed with the
  President within 10 working days after the effective mailing date
  of the notice of termination.
 
            (b)  The committee shall inform the faculty member of
  the date, time, and place of the hearing no later than 10 working
  days after the President's receipt of the request for appeal.
  The committee must schedule the hearing to occur within 30-45
  calendar days after the President's receipt of the appeal.
 
            (c)  The faculty member must provide to the committee a
  statement of facts on which the appeal is based and a list of
  witnesses and documents to be introduced at the hearing no later
  than five working days prior to the date of the hearing.
 
            (d)  The committee shall send its recommendation to the
  President no later than 10 working days after the date of the
  conclusion of the hearing.
 
            (e)  Within 10 working days after receipt of the
  committee's recommendation, the President shall issue a final
  decision and mail to the faculty member by U.S. certified or
  registered mail, return receipt requested.
 
  Grounds for Appeal
 
       The grounds for appeal shall be limited to:
 
            (a)  procedural error;
 
            (b)  insufficiency of notice of termination; and
 
            (c)  the termination was otherwise unlawful.
 
  Conduct of the Hearing
 
            (a)  The institution will be represented by the Office
  of the Attorney General or its designee.
 
            (b)  The faculty member may be represented by legal
  counsel throughout the appeal proceedings at the faculty member's
  expense.
 
            (c)  The hearing shall be audiotaped, and a copy of the
  tape shall be made available if requested by the faculty member.
 
            (d)  The faculty member and the institution each may
  call witnesses and present documentary evidence at the hearing.
  Each member of the committee may call and question witnesses and
  request the presentation of documentary evidence.
 
            (e)  The formal rule of evidence and of judicial
  procedure shall not apply to the appeal hearing; however, the
  committee may exclude irrelevant or repetitious testimony.
 
            (f)  The faculty member's failure to appear at the
  hearing shall be deemed a voluntary dismissal of the appeal.
 
            (g)  The appeal committee must make the decision based
  on the record.
 
            (h)  Postponement of the hearing may be granted at the
  discretion of the committee upon the written request of the
  faculty member.
 
       10.  Notification of Termination
 
            The President shall give a written notice of
  termination to each faculty member whose appointment is to be
  terminated pursuant to these procedures.  The termination notice
  shall include:
 
            (a)  notification that the appointment is being
  terminated pursuant to these procedures;
 
            (b)  the applicable notice period;
 
            (c)  the effective date of termination;
 
            (d)  the statement that System Administration shall
  send, for a period of one year, written notice of faculty
  openings within the System to the last address that the faculty
  member has on record with the institution;
 
            (e)  notification of the right of the faculty member to
  appeal the termination of appointment and a copy of these
  procedures.