4.23 Program or Position Abandonment or Reduction

4.23.1 The President of the University is responsible for determining when it shall be necessary for bona fide academic reasons or an institutional financial exigency to eliminate or reduce occupied academic positions, or abandon academic programs, or both, subject to approval by the Executive Vice Chancellor for Academic Affairs of The University of Texas System. The decision of the President shall include full and meaningful faculty input as specified below and in the Regents' Rules and Regulations, and the implementation of that decision shall be subject to the following minimum procedural requirements.

4.23.2 Elimination for Academic Reasons

An academic program under consideration for abandonment or any academic position that is under consideration for elimination for bona fide academic reasons should be reviewed in depth through a procedure determined by the President and as outlined below. Neither the procedures specified in Rule 31008 of the Regents' Rules and Regulations concerning termination of a faculty member, the notice requirements of Rule 31007, Section 5 concerning tenure, nor Rule 31002, Sections 1 and 2 concerning notice of nonrenewal to nontenured faculty members shall be applicable.

4.23.2.1 Committee Recommendations. Upon determining the need to reduce academic positions or academic programs, or both, the President shall appoint a committee composed of faculty and administrative personnel to make recommendations to the President as to which academic positions and/or academic programs should be eliminated. The faculty members of this committee shall be a majority of the total membership of this committee. At least one-half of the faculty members will be selected by the President from a slate of tenured faculty members developed by the Faculty Senate.

4.23.2.1.1 Notification. Tenured faculty in a program that is under consideration for abandonment or in an academic position that is under consideration for elimination will be notified and afforded an opportunity to contribute to the review process.

4.23.2.2 Assessment of Academic Program. The committee will review and assess the academic programs under consideration for possible elimination or reduction and identify those academic positions that may be eliminated with minimum effect upon the degree programs that should be continued and upon other critical components of the University's mission.

The review will include, but not be limited to, as relevant: (a) an examination of the course offerings, degree programs, supporting degree programs, teaching specialties, and semester credit hour production; (b) an evaluation of the quality, centrality, and funding of research activities; (c) an assessment of the productivity, community service, and quality of clinical activities (in relation to teaching and scholarly activity); (d) the demand for graduates; and/or (e) the ability to meet professional accrediting standards.

4.23.2.3 Review Consideration. Upon determining that one or more academic positions in a degree program or teaching specialty should be eliminated, the committee will recommend to the President, in writing the particular position or positions to be terminated after reviewing the academic, research, and clinical qualifications and talents of holders of all academic positions in those degree programs or clinical or academic teaching specialties, the needs of the program they serve, past performance, and the potential for future contributions to the development of the University. Tenure status of a faculty member shall not be a consideration in the determination of whether a particular position should be eliminated except as permitted below.

4.23.2.3.1 Tenure preference. If, in the opinion of the committee, two or more faculty members are equally qualified and capable of performing the same teaching, research, and/or clinical role, the faculty member or members having tenure shall be given preference over nontenured faculty. However, if such faculty members have the same tenure status and equal qualifications, consideration will be given to the other documented needs of the University.

4.23.2.4 Supporting Rationale. Upon completion of the review process, the committee will submit a recommendation with supporting rationale to the Provost for review and recommendation to the President.

4.23.2.5 Review by Executive Vice Chancellor. If the President determines that an academic program should be abandoned, a request for approval with supporting documentation shall be forwarded to the Executive Vice Chancellor for Academic Affairs of The University of Texas System.

4.23.2.6 Hearing Committee. The President shall appoint a hearing committee composed of faculty members to consider any appeals for reconsideration of termination decisions based upon bona fide academic reasons. At least one-half of the faculty members will be selected by the President from a slate of tenured faculty members developed by the Faculty Senate.

Within thirty (30) days from the date of notice of termination, a faculty member shall have the right to appeal to the hearing committee for reconsideration of the termination decision. The appeal for reconsideration shall be in writing and addressed to the President. A faculty member who appeals to the hearing committee (the appellant) shall be given a reasonably adequate written statement of the basis for the initial decision to reduce academic positions and, upon request of the faculty member, shall be given any written data or information relied upon in arriving at such decision.

4.23.2.7 Appeal Procedure. The hearing committee shall set the date, time, and place for hearing the appeal for reconsideration. Such hearing shall be held within thirty (30) days of the date of the written request unless the appellant waives such time requirement; however, such hearing shall be held within ninety (90) days from the date of the request. The hearing committee shall conduct the hearing in accordance with the following procedures:

4.23.2.7.1 The hearing will be closed to the public unless requested to be open by the appellant.

4.23.2.7.2 The appellant may be represented by legal counsel at the appellant’s own expense.

4.23.2.7.3 The appellant and the University may offer any written evidence or oral testimony that is material to the issues.

4.23.2.7.4 The burden shall be upon the appellant to show by a preponderance of the credible evidence that the decision to terminate the appellant as compared to another individual in the same discipline or teaching specialty was arbitrary and unreasonable based upon the evidence presented.

4.23.2.7.5 No other issues shall be heard or considered by the hearing committee.

4.23.2.8 Establishment of date. The date for abandoning or phasing out an academic program shall take into consideration the time required for anticipated completion by students currently enrolled or for facilitation of their placement in acceptable alternative programs.

4.23.2.9 Requests for Reassignment. The President or designee will notify tenured faculty in the program to be abandoned and ask each faculty member to inform the President or designee in writing of the faculty member's request for reassignment to other academic program(s) and to provide details of their qualifications for appointment to such academic program(s).

4.23.2.10 Employment Alternatives. The President or designee will meet individually with tenured faculty who respond to discuss employment alternatives to termination.

4.23.2.11 Non-retention. If the decision is not to retain, the President or designee, will send a written response stating reasons for non-retention.

4.23.2.12 Displacement. If retention of a tenured faculty member results in displacement of a tenured faculty member in another program, the displaced faculty member is entitled to the above procedures.

4.23.2.13 Benefit Information. Any faculty member whose employment is terminated pursuant to this policy shall be informed of applicable benefits available upon termination, such as retirement, accrued leave, and opportunity to continue insurance coverage.

4.23.2.14 Employment Assistance. The University shall provide appropriate assistance to affected faculty members concerning available alternative employment opportunities.

4.23.3 Elimination Due to an Institutional Financial Exigency.

When such reductions are necessary as a result of financial exigency, the procedure for the selection and notification of those academic positions to be terminated shall be governed by this Handbook of Operating Procedures and Rule 31003, Section 3 of the Regents' Rules and Regulations. Neither the procedures specified in Rule 31008 of the Regents' Rules and Regulations concerning termination of a faculty member, the notice requirements of Rule 31007, Section 5 concerning tenure, nor Rule 31002, Sections 1 and 2, concerning notice of nonrenewal to nontenured faculty members, shall be applicable.

Financial exigency shall be defined as: a demonstrably bona fide financial crisis that adversely affects the University as a whole and that, after considering other cost-reducing measures, including ways to cut faculty costs, requires consideration of terminating appointments held by tenured faculty.

4.23.3.1 Committee Recommendations. Upon determining the existence of a financial exigency and the need to reduce academic positions or academic programs, or both, the President shall appoint a committee comprising of faculty and administrative personnel to make recommendations to the President as to which academic positions and/or academic programs should be eliminated as a result of the financial exigency.

The faculty members of this committee shall be a majority of the total membership of this committee. At least one-half of the faculty members will be selected by the President from a slate of tenured faculty members developed by the Faculty Senate.

4.23.3.2 Assessment of Academic Program. The committee will review and assess the academic programs of the University and identify those academic positions that may be eliminated with minimum effect upon the degree programs that should be continued and upon other critical components of the University's mission. The review will include, but not be limited to, as relevant: (a) an examination of the course offerings, degree programs, supporting degree programs, teaching specialties, and semester credit hour production; (b) an evaluation of the quality, centrality, and funding of research activities; (c) an assessment of the productivity, community service, and quality of clinical activities (in relation to teaching and scholarly activity); (d) the demand for graduates; and/or (e) the ability to meet professional accrediting standards.

4.23.3.3 Review Consideration. Upon determining that one or more academic positions in a degree program or teaching specialty should be eliminated, the committee will recommend to the President, in writing the particular position or positions to be terminated after reviewing the academic, research, and clinical qualifications and talents of holders of all academic positions in those degree programs or clinical or academic teaching specialties, the needs of the program they serve, past performance, and the potential for future contributions to the development of the University. Tenure status of a faculty member shall not be a consideration in the determination of whether a particular position should be eliminated, except as permitted in 4.23.2.3.1.

4.23.3.4 Tenure preference. If, in the opinion of the committee, two or more faculty members are equally qualified and capable of performing the same teaching and research, and/or clinical role, the faculty member or members having tenure shall be given preference over nontenured faculty. However, if such faculty members have the same tenure status and equal qualifications, consideration will be given to the other documented needs of the University.

4.23.3.5 Recommendation. Upon completion of its review, the financial exigency review committee shall promptly recommend in writing to the President those persons who may be terminated, ranked in order of priority, with the reasons for their selection.The President shall, after consultation with such administrative officers as the President may deem appropriate, determine which academic positions from among those identified by the committee are to be terminated because of the financial exigency and shall give the holders of these positions written notice of the decision.

4.23.3.6 Notification of Vacancies. Any person terminated due to financial exigency will be notified when a vacancy occurs at the University in their field of teaching or expertise within the next two (2) academic years following the termination. If such person makes timely application and is qualified for the position to be filled, they shall be offered employment in that position. If the vacancy is in a field of teaching or expertise in which two or more persons have been terminated because of financial exigency, all will be notified of the vacancy, and of those so notified and making timely applications, employment will be offered to the person who is the better qualified for the position to be filled.

4.23.3.7 Hearing Committee. The President shall appoint a hearing committee composed of faculty members to hear any appeals for reconsideration of termination decisions based upon financial exigency. At least one-half of the faculty members will be selected by the President from a slate of tenured faculty members developed by the Faculty Senate. Within thirty (30) days from the date of the notice of termination, a faculty member shall have the right to appeal to the hearing committee for reconsideration of the termination decision. The appeal for reconsideration shall be in writing and addressed to the President. A faculty member who appeals to the hearing committee (the appellant) shall be given a reasonably adequate written statement of the basis for the initial decision to reduce academic positions and, upon request of the person, shall be given all written data or information relied upon in arriving at such decision.

4.23.3.8 Appeal Procedures. The hearing committee shall set the date, time, and place for hearing the appeal for reconsideration. Such hearing shall be held within thirty (30) days of the date of the written request, unless the appellant waives such time requirement; however, such hearing shall be held within ninety (90) days from the date of the request. The hearing committee shall conduct the hearing in accordance with the following conditions and procedures:

4.23.3.8.1 The hearing will be closed to the public unless requested to be open by the appellant.

4.23.3.8.2 The appellant may be represented by legal counsel at the appellant’s own expense.

4.23.3.8.3 The appellant and the University may offer any written evidence or oral testimony that is material to the issues.

4.23.3.8.4 The burden shall be upon the appellant to show by a preponderance of the credible evidence that:

4.23.3.8.4.1 Financial exigency was not in fact the reason for the initial decision to reduce academic positions; or

4.23.3.8.4.2 The decision to terminate the appellant as compared to another individual in the same discipline or teaching specialty was arbitrary and unreasonable based upon the evidence presented.

4.23.3.8.5 No other issues shall be heard or considered by the hearing committee.

4.23.3.8.6 The hearing committee shall make written findings of fact and recommendations to the President as soon as practical following the hearing. The President shall have the final decision to either accept or reject the recommendation of the hearing committee.

4.23.4 References

Regents’ Rules and Regulations: Rule 31003 Abandonment of Academic positions or Programs

4.23.5 Dates Approved or Amended

September 4, 2025

4.23.6 Contact Information