2.13 Termination or Nonreappointment of a Faculty Member

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I. POLICY STATEMENT

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The University of Texas is committed to recruiting and retaining faculty members who are of the highest quality. Toward that end, faculty members must abide by the standards of conduct as specified in the Board of Regents’ Rules and Regulations (Regents’ Rules) 30103. The termination and nonreappointment of faculty members who do not meet these expectations, as well as procedures for reviewing these actions, is addressed in this policy.

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II. RATIONALE

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The termination of faculty members at UTSA is governed by Regents' Rule 31008, Termination of a Faculty Member and UTS 198, Termination of a Faculty Member, and the non-reappointment of faculty members is governed by Regents' Rule 31007, and Regents' Rule 31002. This policy is intended to be fully consistent with UT System  rules, but UT System rules will supersede in the event of any conflict.

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III. SCOPE

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This policy applies to all UTSA faculty in academic ranks specified in HOP policy 2.02, Faculty Appointments and Titles, who are terminated or not reappointed.

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IV. WEBSITE ADDRESS FOR THIS POLICY

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https://www.utsa.edu/hop/chapter2/2.13.html

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V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

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1. University of Texas System Policies or the Board of Regents' Rules and Regulations
   1. Board of Regents’ Rule 30103, Standards of Conduct
   2. Board of Regents’ Rule 31007, Number 2, Section 5, Tenure, Probationary Service
   3. Board of Regents’ Rule 31008, Termination of the Faculty Member
2. State Statutes
   1. Texas Education Code Section 51.942, Performance Evaluation of Tenured Faculty
   2. Texas Education Code Section 51.943, Renewal of Faculty Employment Contracts
3. UTSA HOP Policies
   1. UTSA Handbook of Operating Procedures (HOP) policy 2.02, Faculty Appointments and Titles
   2. UTSA HOP policy 2.10, Faculty Reappointment, Tenure, and Promotion
   3. UTSA HOP policy 2.36, Procedures for Review of Nonreappointment of a Nontenured Tenure-Track Faculty Member

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VI. CONTACTS

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If you have any questions about HOP policy 2.13,Termination and Nonreappointment of a Faculty Member, contact the following office:

The Office of the Provost and Senior Executive Vice President for Academic Affairs
210-458-4110

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VII. DEFINITIONS

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1. Tenure: A status of continuing appointment as a member of the faculty at UTSA.
2. Tenure Titles: Except for the titles Regental Professor and Regents’ Research Scholar, the only titles to be used henceforth in which faculty members may hold tenure are as follows: (a) Professor and (b) Associate Professor. 
3. Tenure-Track Faculty (Untenured): A faculty position associated with a probationary appointment which can lead to tenure but which has not yet been granted tenure. Specific tenure-track titles are contained in HOP policy 2.02. Examples include Assistant Professor, Instructor, and Associate Professor hired without tenure.

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VIII. RESPONSIBILITIES

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1. President
   1. Provides written notice to faculty member on decisions or recommendations for termination or lesser disciplinary action.
   2. Reviews written request for Hearing Panel. If appropriate, appoints members of the Hearing Panel in accordance with UTS 198.
   3. Receives report from Hearing Panel and makes final determination.
   4. Provost and Executive Vice President for Academic Affairs (Provost)
   5. Reviews the allegation and determines whether if true it justifies recommending proceeding with the good cause procedures or through the summary dismissal procedures.
   6. Presents the faculty member with written notice of allegations and an explanation of the evidence supporting termination.
   7. Meeting/Hearing opportunity with faculty member
2. Chair of the Hearing Panel
   1. Convenes the Hearing Panel and ensures that all procedures are followed.

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IX. PROCEDURES

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1. Termination of a Tenured Faculty Member
   1. Termination of the employment of a UTSA faculty member who has been granted tenure before the expiration of the stated period of appointment, except for resignation or retirement, will be only for good cause shown or through summary dismissal. Exceptions for all other faculty members who hold an academic title as specified in HOP policy 2.02-IX-A-I are provided in Regents' Rule 31007, Number 2, Section 5: “Probationary Service” and the Texas Education Code Section 51.943: “Renewal of Faculty Employment Contracts”. In each case, the issue of good cause or summary dismissal will be determined by the procedures provided in Regents’Rule 31008“Termination of a Faculty Member” and UTS 198 “Termination of a Faculty Member.”
2. Initial Review
   1. Upon receipt of an allegation of misconduct, the Provost, or the designated administrator (hereinafter “the Provost” for either), shall review the allegation and determine whether if true it justifies recommending proceeding with the good cause procedures or through the summary dismissal procedures.

      The Provost may determine that recommending initiation of the summary dismissal procedures is proper at any point during the Provost’s investigation and review of an allegation.

3. Termination for Good Cause
   1. Termination of a faculty member will only be for good cause shown and after providing the faculty member with appropriate due process, as detailed in Regents Rule 31008 and UTS 198.
   2. If as outlined in Regents Rule 31008, Part 2, Section 6, the President of UTSA determines that the nature of the charges and the evidence are such that it is in the best interest of the institution to do so, the accused faculty member may be suspended pending the completion of the hearing and the final decision by the Board of Regents.
   3. A faculty member placed on leave without pay will be given notice and an opportunity to respond before the unpaid leave becomes effective.
4. Summary Dismissal
   1. Summary Dismissal procedures may be initiated, in accordance with Regents Rule 31008, Part 2, Section 5, when the allegations made against the faculty member are sufficiently serious in nature such that the president determines it is in the best interest of the institution to have the faculty member immediately removed from their position because the alleged conduct (1) creates a serious safety threat to students, faculty, staff, or members of the public; (2) creates a significant threat to national security; or (3) creates a significant adverse impact on the operation of the institution.
   2.  A faculty member subject to summary dismissal procedures shall be immediately placed on a leave of absence without pay while the allegations are being reviewed.
   3. If the review of the allegations results in the faculty member being summarily dismissed, the former faculty member may appeal the dismissal decision through the process outlined in UTS 198, Part III.
5. Notice of Nonrenewal to Nontenured Faculty Members
   1. In the event of decision not to reappoint a nontenured faculty member in an academic rank specified in HOP 2.02. A, “Tenure and Tenure Track Academic Titles,” written notice will be given to him or her not later than March 1 of the first academic year of probationary service if the appointment expires at the end of that academic year, or not later than December 15 of the second academic year of probationary service if the appointment expires at the end of that academic year. After two or more academic years, written notice shall be given not later than 30 days prior to the end of the then current academic year that the subsequent year will be the terminal academic year of appointment and a Memorandum of Appointment shall be provided to such faculty member in accordance with Texas Education Code Section 51.943. The notice required by this Subsection is not applicable where termination of employment is for good cause under  Rule 31008, Number 2, Section 1 of the Regents’ Rules, or through summary dismissal, as defined in Section IX, Part D, of this policy.
   2. Faculty members must provide their current mailing address to the President of UTSA or his or her delegate. The written notice required by this policy shall be sent by certified mail, return receipt requested, to the last address given by the faculty member.
   3. Full-time faculty members who are notified in accordance with these provisions that they will not be reappointed shall not be entitled to a statement of the reasons upon which the decision for such action is based. Such a decision shall only be subject to review pursuant to the procedures provided in  Regents’ Rule 31008  (“Termination of the Faculty Member”), Number 2, Section 7.
   4. No person shall be deemed to have been reappointed or to have been awarded tenure because written notice is not received by the time prescribed as per Regents’ Rules, this policy, and HOP policy 2.10, Faculty Reappointment, Tenure, and Promotion. No nontenured member of the faculty shall expect continued employment beyond the period of his or her current appointment. Should it occur that notice is not received by the time prescribed in these policies, it is the duty of the faculty member to inquire about the decision of the President, who shall without delay give the required notice to the faculty member. If a non-tenured tenure track faculty member is not reappointed as a tenure track faculty member, reappointment of the faculty member in a fixed-term-track position may be accomplished only as described in HOP 2.28 (Appointing Former Tenure Track Faculty Members to Fixed-Term Track Faculty Positions).
6. Procedures: The procedures for reviewing termination of a faculty member for good cause are presented in UTS 198, Part II, “Termination for Good Cause.” The procedures for reviewing the summary dismissal of a faculty member are presented in UTS 198, Part III, “Summary Dismissal.”
   
   A preferred timeline related to actions regarding those reviews is available here. A good-faith effort should be made to follow the timeline. However, the timeline may be reasonably altered to accommodate university schedule and extenuating circumstances, and following the timeline is also contingent upon the availability of faculty to serve on a Hearing Panel.

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X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

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None

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XI. FORMS AND TOOLS/ONLINE PROCESSES

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None

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XII. APPENDIX

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None

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XIII. Dates Approved/Amended

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10-02-2026
11-17-2023
08-10-2021
09-29-2020