Non-Renewal of Non-Tenured or Non-Permanent Status Faculty Appointments; Notice of Ending Employment of Non-Tenured and Non-Permanent Status Faculty

REGULATIONS OF THE

UNIVERSITY OF FLORIDA

7.013 Non-Renewal of Non-Tenured and Non-Permanent Status Faculty Appointments: Notice of Ending of Employment of Non-Tenured and Non-Permanent Status Faculty.

(1)     Procedures for ending the employment of Non-Tenured or Non-Permanent Status Faculty.

(a)     Appointment periods are stated for the purpose of encumbering funds, thus non- tenured and non-permanent faculty appointments shall not create any rights, interest, or expectancy of continued employment. Faculty in these positions have the right to appropriate notice that the faculty member’s employment will end as provided in section (2) below.

(b)     The President or the President’s designee may choose to discontinue the employment of a non-tenured or non-permanent status faculty member in accordance with the provisions of this regulation.

(c)     By the end of the tenure probationary period, as defined in University of Florida Regulation 7.019, a faculty member in a tenure-accruing position who has not been granted tenure shall be given notice that the faculty member’s employment will end as provided for in sections (2) and (3) of this regulation.

(d)     A County Extension Agent I, II, III or IV who has not been granted permanent status by the end of the seventh year of continuous employment shall be given notice that the faculty member’s employment will end as provided for in sections (2) and (3) of this regulation. Refer to University of Regulation 7.025.

(e)     Non-tenured and non-permanent status faculty who are appointed to serve in an academic-administrative classification or administrative position and whose employment with the University will end shall be entitled to written notice in accordance with this regulation.

(f)     Faculty members with multi-year or term appointments are not entitled to notice of the ending of their employment under this regulation because their appointments by virtue of their specified term include such notice. The appointment and employment of a person holding a multi-year or term appointment automatically expires without notice at the end of the multi-year period specified in the employment offer and contract.

(2)     Notification Requirements

                  (a)     Notice that a faculty member’s employment will end shall be provided in writing. At any time during any appointment, the employment of a non-tenured or non-permanent status faculty member may be ended upon written notice as follows:

                 1.       For employees in their initial appointment period of faculty employment with the University, notice must be given three (3) months prior to the last day of employment;

                 2.      For employees in their second appointment period of faculty employment with the University, notice must be given six (6) months prior to the last day of employment; and

3.      For employees in their third appointment period of faculty employment or beyond with the University, notice must be given twelve (12) months prior to the last day of employment. These notification procedures also apply to faculty with five (5) or more years of continuous university employment as of June 30, 1993 whose salary is funded through “soft” money, e.g., contracts and grants, sponsored research funds, and grants and donation trust funds.

(b)      The requirement of written notice that employment will end as set forth in subsection (2)(a) of this regulation is not applicable to the following non-tenured, non-permanent status, non-tenure accruing or non-permanent status accruing faculty appointments if the statement described in subsection (2)(c) of this regulation is included in the individual’s notification of appointment:

1.       Those holding visiting appointments;

2.       Those who are appointed for less than one (1) academic year; or

3.        Except as provided in paragraph (2)(a)3 of this regulation, those whose salary is funded through “soft” money, e.g., contracts and grants, sponsored research funds, grants and donations trust funds, and special funds such as those allocated to meet enrollment demands.

(c)       Faculty not entitled to a written notice that his or her employment will end as provided in subsection (2)(b) above shall have the following statement included in the notification of the appointment or subsequent reappointment: “Your employment for this appointment period will cease on the date indicated. No further notice of cessation of employment is required.” If this statement is not included in either the notification of appointment or letter of appointment or reappointment, then the faculty member shall be provided with ninety (90) days notice prior to his or her last day of employment.

(3)       Notice that Employment will End.

(a)       Before sending the notice that employment will end as required under section (2) of this regulation, the President or designee shall confer informally with the faculty member concerning the end of employment.

1.        The notice shall include the following:

a.        A statement that the University is discontinuing the appointment;

b.        A reference to the meeting held with the President or designee to advise the faculty member that the faculty member’s employment will end;

c.       The expiration date of the current appointment period;

d.       The last date of employment with the University; and

e.       A copy of the appropriate appeal procedures in effect at the University. (Refer to University of Florida Regulation 7.041)

2.       After mailing of the notice, the President or designee can reassign such a faculty member to other institutional duties after consultation with the faculty member and the department or other affected units.

(b)      The University’s commitment to compensate the faculty member ends upon the last date of employment. However, should a faculty member enter into other full-time professional employment or employment which may interfere or conflict with the faculty member’s assignment without written approval of the President or designee prior to the end of the faculty member’s employment, the University will immediately terminate payment of any compensation thereunder.

Authority: BOG Regulation 1.001.

History: New 3-26-80, Amended 2-23-82, 3-6-85, Formerly 6Cl-7.13, Amended 5-19-93,

7-11-94, 6-28-98, 6-15-99, 6-27-02, 6-3-03, 7-19-05, 3-22-13, 1-19-17 (technical changes only).