(1) Scope--Layoff and recall of bargaining unit members represented by a bargaining agent is governed by Article 13 of the BOR/UFF Agreement and by subsection (2), below. Subsections (2) through (6) are applicable to those faculty and Administrative and Professional staff who are not members of the general faculty bargaining unit or who are members of the unit but not represented by a bargaining agent.
(2) A faculty member or Administrative and Professional staff member may be laid off at any time as a result of adverse financial circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs, or functions; or curtailment of one or more programs or functions system-wide or at an organizational level of the State University System such as a campus, division, college, school, department, area, program, or other level of organization or unit as the Board or its designee deems appropriate. Upon the layoff of a faculty member, the university and the Board or its designee shall make reasonable effort to locate appropriate, alternate or equivalent employment, first within the university and second within the State University System, and to inform the person affected of the results of this effort. In discharging its responsibilities under this rule, the Board or its designee shall select and consult with appropriate administrative personnel and representatives of senates, committees and other such bodies of the institution(s) at which layoffs are to take place.
(3) Layoff of Instructional and Research faculty--In determining the faculty member(s) whose employment will be discontinued under this section, the Board or its designee shall take into consideration appropriate factors, including but not limited to tenure status, performance evaluation by students, peers, and supervisors, and the faculty member's academic training, professional reputation, compatibility with colleagues, teaching effectiveness, research record or quality of the creative activity in which the faculty member may be engaged, service to the community and public, length of service, and the affirmative action obligations of the institutions and the State University System.
1. No tenured faculty member shall be laid off if there are untenured faculty members in the layoff unit.
2. The provisions of subsection 1. above will apply unless it is determined by the Board or its designee that an Affirmative Action employment program will be adversely affected.
3. Subject to subsection 1. above will apply unless it is determined by the Board or its designee that an Affirmative Action employment program will be adversely affected.
4. No tenured faculty member will be laid off solely for the purpose of creating a vacancy to be filled by an administrator.
(4) Recall of faculty--For a period of two years following layoff, a faculty member who has been laid off and who is not otherwise employed in an equivalent full-time position shall be offered reemployment in the same or similar position at the university at which employed (for faculty members at the New College of the University of South Florida, the same or similar position at the New College) at the time of layoff, should an opportunity for such reemployment arise. All faculty on the recall list shall regularly be sent the SUS position vacancy announcement. For this purpose, it shall be the faculty member's responsibility to keep the university advised of the faculty member's current address. Should a vacancy occur at another university within the State University System, the faculty member may apply for that position and shall be considered therefore in accordance with the normal hiring procedures of that university. Any offer of reemployment pursuant to this section must be accepted within 15 days after the date of the offer, such acceptance to take effect not later than the beginning of the academic term immediately following the date the offer was made. In the event such offer of reemployment is not accepted, the faculty member shall receive no further consideration pursuant to this section. A faculty member who held a tenured appointment on the date of separation by reason of layoff shall resume the tenured appointment upon recall. The faculty member shall receive the same credit for years of service for purposes of layoff as held on the date of layoff. The recall rights provided in this section shall not be available to faculty members holding temporary appointments, to faculty members employed less than full-time, to faculty members appointed to visiting positions and to faculty members with less than five years continuous service who are appointed to positions funded from "soft money", e.g., contracts and grants, sponsored research trust funds, and grants and donations trust funds.
(5) Layoff of Administrative and Professional staff---In determining the Administrative and Professional staff member(s) whose employment will be discontinued under this section, the Board or its designee shall take into consideration appropriate factors, including but not limited to, performance evaluation by supervisors, the Administrative and Professional staff member's education and training, professional reputation, compatibility with colleagues, length of service, and the affirmative action obligation of the institution and the State University System.
(a) The Board or its designee shall notify the person whose employment is to be discontinued pursuant to this section. Such notice should be given as soon as practicable, it being desirable, where circumstances permit, to provide at least one year's notice to staff members with three or more years of service and at least six months notice to those with less service.
(6) Recall of Administrative and Professional staff---For a period of one year following layoff, a staff member who has been laid off and who is not otherwise employed in an equivalent full-time position shall be offered reemployment in the same or similar position at the university at which employed (for staff members at the New College of the University of South Florida, the same or similar position at the New College) at the time of layoff, should an opportunity for such reemployment arise. All staff members on the recall list shall regularly be sent the SUS position vacancy announcements. For this purpose, it shall be the responsibility of the staff member to keep the university advised of the staff member's current address. Should a vacancy occur at another university within the State University System, the staff member may apply for that position and shall be considered therefore in accordance with the normal hiring procedures of that university. Any offer of reemployment pursuant to this section must be accepted within 15 days after the date of the offer, such acceptance to take effect not later than the beginning of the academic term immediately following the date the offer was made. In the event such offer of reemployment is not accepted, the staff member shall receive no further consideration pursuant to this section. A staff member who held a tenured faculty appointment on the date of separation by reason of layoff shall resume the tenured appointment upon recall. The staff member shall receive the same credit for years of service for purposes of layoff as held on the date of layoff.
(7) Layoff for Career Service employees shall be governed by the rules and regulations of the Department of Administration.
The University has the following obligations concerning notification of vacancy to personnel in layoff status:
1. Between the time of notification of layoff and the effective date:
2. After the layoff has become effective (i.e., person is no longer on the payroll) the University's obligation is to mail each SUS position vacancy announcement list to all persons in layoff status to the address provided. The timely mailing of such notices satisfies the requirement relative to informing about vacancies in the other SUS institutions.