Common use of Termination for Poor Performance Clause in Contracts

Termination for Poor Performance. Bargaining Unit Faculty in all ranks on fixed-term or continuing appointments may be terminated for poor performance. When notified in writing by February 1 of their first academic year of service, faculty will be terminated at the conclusion of that academic year. Following the first year, the university will provide written notice at least twelve months in advance of termination. Notice is not required; however, if the Member’s fixed term appointment expires before a termination for poor performance would have taken effect. 15.3.1 Fixed-term faculty may be terminated for poor performance if: 1. the performance was specified in a written evaluation, 2. the faculty member was given a reasonable amount of time (normally, at least one semester) to address the unsatisfactory performance, and 3. the unsatisfactory performance continued. 15.3.2 A Bargaining Unit Faculty Member with a continuing appointment may be terminated for persistent poor performance as specified in Section 15.3.2a below, or for deficiencies in teaching that are so severe that the Member is not minimally effective. Symptoms of poor teaching performance may include (but are not limited to) • a pattern of classes that are missed without suitable reason (e.g., illness, approved professional travel) or of missed advising appointments • persistent and justified complaints from students or peers • persistently erratic classroom behavior • persistent failure to be reasonably available to students and advisees • persistent failure to communicate effectively with students • a pattern of irresponsible or unprofessional conduct with or in the presence of students in a university setting • persistent failure to comply with the established curriculum • persistently outdated or inappropriate course content 15.3.2a Persistent poor performance pursuant to Section 15.3.2 must have been specified in a written evaluation, in which the department chair states that the performance is so substandard that it could be grounds for dismissal. The Member must then be provided a reasonable amount of time (normally, at least one semester) to correct the identified deficiencies. If the substandard performance continues, the department chair must specify, in writing, the basis for concluding that the Member’s performance is persistently poor. 15.3.2.1 If the ▇▇▇▇ believes that a Bargaining Unit Faculty Member (hereinafter, "Member") with a continuing appointment should be dismissed due to poor performance according to the criteria in Section 15.3.2, then the ▇▇▇▇ shall notify the ▇▇▇▇▇▇▇. The ▇▇▇▇’▇ notification shall specify whether the Member has persistent poor performance as specified in Section 15.3.2a above, or exhibits deficiencies in teaching that are so severe that the Member is not minimally effective.