As a Chief Academic Officer, you may have handled numerous non-renewals and terminations throughout your career. However, it is always beneficial to use a checklist to ensure you have addressed all necessary aspects. This checklist highlights key issues that can help you determine whether additional assistance is required, when to consult counsel, or when further action is needed before proceeding with a non-renewal or termination. Taking the time to complete a thorough non-renewal process, supported by proper documentation, can make the process smoother for everyone involved. I hope you find this checklist helpful.

Checklist: For Terminations or Non-Renewals of Faculty or Staff¹

Employee Classification and Contract Details

• What type of handbook or Union agreement covers this type of employee/faculty member?
• How long has the employee been in the same position?
• Are you still in the probationary period? Has probation been extended (in writing)?

• How much notice is required by the contract or the handbook for non-renewal or termination? Who sends the notice and how will it be sent (dated)? 

Type of Termination

• Is this a non-disciplinary termination? If for discipline – see below.
• Does the termination notice require that you give a reason – inadequate performance, poor teaching reviews, failure to publish, lack of collegiality, up or out?
• What is the basis for termination listed in the handbook or union contract?

Disciplinary Process (if applicable)

• Is this a disciplinary termination? If so, has the employee gone through the disciplinary process – including all internal appeals? Are all internal appeals exhausted?

Legal and Non-Discrimination Considerations

• Unconscious bias and non-discrimination matters: Is the employee a member of a legally protected class – including age, gender, etc.?
• Is this the sole person being terminated or are others similarly situated?
• Over the past 6 years have others similarly situated been terminated for the same reason?
• Has this employee made a recent complaint about work conditions, another employee, or supervisor in the last 18 months? (Consult counsel!)

Performance and Status History

• When was the last time this employee received a raise or merit performance pay, etc.? What was the basis for the raise?
• When was the last time this employee was advised of his/her pending status – poor performance or likelihood of non-renewal?

Future Employment Considerations

• Do you intend to hire other employees for this or a similar position over the next 3 years? If so, consult counsel before termination.
• Is this employee subject to rehire after termination? How long does this last?

Program and Enrollment Factors

• If this termination is based on program non-renewal or low enrollment, what documents do you have that show why this program is not being renewed and why this specific employee is not being renewed?

Communication and Documentation

• Have you developed a public statement explaining your decision to terminate or not renew?
• What is the legitimate non-discriminatory reason for this termination or non-renewal?

[1] Although the checklist is general and intended as a reminder, it provides you with information to help ensure institutional compliance and reduce risk. I hope you find the checklist helpful. And I welcome your feedback, so please let me know what I can do to strengthen this document.  Please be sure to consult with your legal counsel on matters requiring legal advice.

You can reach me at [email protected]

Written by Mary Kennard, Esq., Senior Consultant, Academic Search.org