LU modifies policy allowing faculty terminations

Lincoln University faculty gather for a Faculty Senate meeting on campus in September 2016.
Lincoln University faculty gather for a Faculty Senate meeting on campus in September 2016.

Lincoln University curators have approved a modified policy for "termination of tenure due to discontinuation" of an academic program or department.

The issue involves a declaration of "financial exigency," which the Chronicle of Higher Education explained in 2011 is rarely used but "basically acknowledges that a college cannot meet its contractual obligations and allows it to take unusual cost-saving steps, like firing tenured faculty members."

The curators voted 5-0 Wednesday to change LU's existing policy, adding: "Financial exigency may be declared by the president of the University either for the entire University or for specific colleges, schools, departments or programs."

The revised policy also requires the Board of Curators' approval for any declaration to be made.

LU President Kevin Rome took part in the conference call while traveling, so he was not available for an interview explaining the policy change.

That was left to Jefferson City lawyer Kent Brown, who represents LU in legal matters.

"Generally, circumstances have been considered, but there is nothing specific that's prompted it at this time," Brown told the News Tribune. "It's just an effort to clarify the policies - which is an ongoing effort."

The conference call meeting originally had been scheduled for last Friday but was postponed because of the icy weather.

After former Gov. Jay Nixon last July withheld $1 million from the state's appropriation to match $1 million in federal funds for Lincoln's land grant program, Rome and Dean Albert E. Essel announced LU's College of Agriculture, Environmental and Human Sciences had only enough money to pay seven months' salary - through some time in May - if the state didn't fulfill its obligation to provide the state's match for the federal funding.

Rome wrote in November: "Should the withholding continue beyond Nixon's last day in office, there is a very real possibility of layoffs in the spring."

This week, Gov. Eric Greitens announced an additional $146 million in withholdings - including more than $1.34 million from Lincoln's core budget and another $80,837 in the state's land grant match on top of the $1 million Nixon withheld.

Although Brown said no specific situation prompted the request for the policy change, Faculty Senate Chair Bryan Salmons told the News Tribune on Wednesday: "It does no good - legally speaking - to have it revised with an eye toward retroactive implementation.

"So I must conclude that there are particular programs and faculty for which this revised termination policy is devised."

Salmons had said last year that some faculty were worried Rome's administration wanted to find a way to terminate tenured faculty without going through the normal processes.

He didn't say Wednesday if the revised policy fit with those faculty members' concerns.

LU administrators also have reportedly terminated contracts as of the end of school in May for five professors in the history and music departments, after the curators last summer ended two music degrees and suspended Lincoln's history degree program.

The school still has not identified those teachers and wouldn't say Wednesday if their situation also was part of the reason for the revised policy.

Brown said the revised policy requires Lincoln's president to "initially study the data and funding and enrollment and things like that. And if he or she makes a determination that there is a financial need to reduce salaries or whatever, then the (curators) would have to concur that there is in fact a financial exigency."

The findings would have to conclude "federal, state or other funding source is no longer providing support at an appropriate level; or enrollment decline in a given discipline, department, school or program no longer justifies existing faculty size."

The policy requires non-tenured faculty to be terminated before tenured faculty members, and "faculty members with the shortest term of service will generally be terminated before those with longer periods of service."

Still, the policy reads, "Academic rank shall not be a factor in terminating faculty."

The policy also promises "every effort shall be made to relocate persons (who are) displaced."