TERMINATION OF TENURED FACULTY MEMBERS DUE TO FINANCIAL EXIGENCY: AN EXAMINATION OF THE EMERGING CASE LAW AND A CONTENT ANALYSIS OF THE POLICY STATEMENTS IN SELECTED COLLEGE AND UNIVERSITY FACULTY COLLECTIVE BARGAINING CONTRACTS AND FACULTY HANDBOOKS

Purpose. The purpose of this study was to: (1) summarize the case law addressing the issue of terminating tenured faculty members due to financial exigency; (2) classify and categorize the contents of financial exigency policies in a selected sample of American college and university faculty collective bargaining contracts and/or handbooks; and (3) develop a framework for writing such policies.; Methods and Procedures. The policies for the termination of tenured faculty members due to circumstances of financial exigency of 49 selected colleges and universities were analyzed by the method of content analysis. The data were coded on an instrument developed by the researcher. Frequency counts and summations were then totaled for several categories of institutions and for all institutions in the sample on each item in the instrument. Themes based on demographic characteristics of the institutions, original language in the policies, and relevant case study data were also derived. A framework for writing institutional financial exigency policies was ultimately developed.; Results. This investigative study indicated that a unique body of literature and case law on the topic of financial exigency in higher education was emerging and that considerable uncertainty still existed with regard to definitions and procedures. It was determined that a wide range existed among colleges and universities in terms of the development of legally binding financial exigency policies. It was found that while some institutions had designed thorough and comprehensive financial exigency policies, most schools had either vague and sketchy policies or no such policy statements at all. Generally, unionized institutions were more likely to have such policies than non-unionized institutions, and those policies in the unionized institutions tended to be more explicit than those in non-unionized institutions.; Conclusions. It was concluded from the findings that: (1) the development of institutional financial exigency policies is worthy of more and immediate attention nationwide; (2) the existence of a well prepared financial exigency policy ultimately protects the institution, the faculty members, and the students; (3) the experiences of other institutions may be quite valuable in the preparation of such a policy; and (4) a comprehensive and useable policy can be developed when a series of key issues are recognized and addressed by representatives from all related constituent groups of the institution.