Montana State University
Office of the Provost > Collective Bargaining Agreement > Non Tenure Track Faculty

Article 14 : Sanctions, Suspensions and Terminations

SECTION CONTENTS

14.01 Sanctions
14.02 Causes For Discipline Or Discharge
14.03 Retrenchment

14.01 SANCTIONS

Any employee in the bargaining unit may be subject to disciplinary sanctions. Warning letters and formal reprimands may become part of the faculty member's personnel file and may be used in conjunction with subsequent personnel considerations for three (3) years following the date of the sanction. After three (3) years, the letters and reprimands and all references thereto shall be removed from the employee's personnel files unless there are additional documented violations within the three-year period.

Warning letters and formal reprimands that are applicable to pending legal or quasi-legal proceedings may be retained in the personnel file for longer than three (3) years, but must be removed upon the conclusion of the legal or quasi-legal proceeding if no documented proven pattern exists as described above.

14.02 CAUSES FOR DISCIPLINE OR DISCHARGE

The Employer may discipline or discharge employees for just cause and with due process, which includes but is not limited to the following:

  1. conviction of a felony or of a crime involving moral turpitude during the period of employment at the institution or the willful concealment of such crime in making application for employment;
  2. conviction of theft of University property or property in the custody of the University;
  3. fraud or deliberate misrepresentation of professional preparation, accomplishment or experience in connection with initial hiring or in the submission of materials for evaluation for promotion, tenure or salary adjustment purposes;
  4. plagiarism in professional papers or reports, or deliberate falsification of University records;
  5. deliberate failure by the faculty member engaged in private consulting to inform his/her client that the faculty member is acting as a private consultant and not as a representative of the University;
  6. exploiting or abusing students or employees, including sexual harassment;
  7. failure to carry out the responsibilities of a faculty member;
  8. violation of policies;
  9. abuse of sick leave;
  10. unreasonably endangering the welfare or unethical exploitation of students, employees, or campus visitors; and
  11. gross insubordination.

14.03 RETRENCHMENT

Retrenchment is the termination of tenured faculty members for financial exigency or programmatic reasons. The procedures for retrenchment for financial exigency are included in BOR Policy 710.2.1.

The ad hoc committee to be appointed under BOR 710.2.1 shall consist of nine faculty members (three appointed by the President, three appointed by AFMSU, three appointed by the Faculty Senate) and one student appointed by the President of ASMSU.

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