(Board Policy 405.6)
Termination is the general term to describe severance of employment from the university. Termination may be by resignation, retirement, dismissal, written notice, non-reappointment, expiration of appointment, or job abandonment.
E.8.1 Employee Resignation.
When planning to leave the university, employees should notify their supervisor(s) and Human Resources in advance to allow the university to plan an orderly transition of duties. When an employee terminates employment voluntarily and with proper notice, the employee may be considered eligible for reemployment. Employees who fail to give proper notice will be considered ineligible for rehire at the university and their permanent records will be noted as such. Additionally, according to UA System Board Policy 405.6, Termination of Employment and Eligibility for Rehire, an employee who has been dismissed for cause or who has been designated by their campus, unit, or division as not eligible for rehire shall not be eligible for reemployment within any of the University of Arkansas System’s campuses, units, or divisions.
E.8.1.1 Non-Contractual Employees.
Non-contractual employees should give as much notice as possible and, except under extenuating circumstances, no less than two (2) weeks’ written notice for nonexempt staff, 30 days’ written notice for exempt staff, and 30 days’ written notice for non-contractual faculty.
E.8.1.2 Contractual Employees (Ranked Faculty).
Contractual employees (ranked faculty) who do not plan to renew their contracts should give the same notice offered by the university. They should notify the university in writing 90 days prior to the end of the contract period for the current academic year.
E.8.1.3 Exit Interview.
The director of Human Resources (or designee) will conduct an exit interview with outgoing employees. The purpose of the interview is to review eligibility for benefit continuation and conversion; to insure that all necessary forms are complete; to collect university property; and to provide employees with an opportunity to discuss their job related experiences. This will be scheduled by Human Resources.
An employee’s termination date is the last day of work at the university. Employees will be paid for any unused annual and holiday leave earned up to the termination date. Annual leave cannot be used to extend the employment date or to meet notice requirements, as outlined above. With the exception vision benefits, all employee benefits will be terminated on the date employment ends. This is defined as the last day an employee works or the last day of the employment contract (when applicable). Vision benefits will terminate the last day of the month in which employment ends. If an employee has a nine- to 11-month contract for an upcoming academic year and leaves the university during the summer (or prior to the commencement of the new contract), benefits cease on the last day of the previous contract or on the last day paid to work when an employee continues to work beyond the contract period.
E.8.1 Updated June 2023
E.8.2 Retirement.
(Board Policy 425.5)
There is no mandatory retirement age for any university employee. When planning for retirement under a university-sponsored retirement plan and/or Social Security retirement, employees should contact their retirement plan and Human Resources a minimum of 90 days prior to the proposed retirement date to begin the paperwork.
If an employee has definite plans to retire during an upcoming calendar year, it may be beneficial to the employee to inform Human Resources of their decision during open enrollment in November, as decisions made at that time can impact annual benefit elections.
E.8.2.1 Social Security.
It is advisable to check with the Social Security Administration periodically through one’s career to verify that benefits are being credited accurately and consistently. For more information contact the local Social Security Administration office or visit their website at www.ssa.gov.
E.8.2.2 Illustration of Retirement Benefits.
Most retirement plans will provide an illustration of projected retirement benefits upon request. Fidelity and TIAA offer this service at any time in an employee’s career. More information about retirement planning can be found on the UA System Preparing for Retirement webpage. APERS and ATRS require employees to request the information in writing. The university offers many opportunities for retirement counseling throughout an employee’s career by bringing in professionals from all three plans for individual and group sessions.
E.8.2.3 Early Retirement.
Employees whose combined age and full-time service with the university is at least 70 and who have at least 10 years of full-time continuous employment with the university may be eligible for voluntary early retirement. To maintain health benefits beyond retirement, an employee must have been covered under the health plan for the 10-year period immediately preceding retirement.
E.8.2.4 Emeritus Faculty and Staff.
The University of Arkansas at Fort Smith faculty and staff should be honored for careers and service to the university. In recognition of distinguished service to UAFS, retiring employees may be awarded emeritus status. For more information, visit Procedure for Awarding Emeritus Status.
Contact Human Resources for assistance with the retirement process.
E.8.2 Updated June 2023
E.8.3 Termination/Dismissal of Employment by the University.
(Board Policy 405.1, 405.4, & 405.6)
E.8.3.1 Employees Not Under Contract.
Arkansas is an employment-at-will state. All employment relations with UAFS, except those by written contract signed by the chancellor and the employee, are on an at-will basis. (Contractual employees are at-will beyond the terms of the current contract.) Thus, although the university hopes that its relationships with employees are long-term and mutually rewarding, the university reserves the right to terminate the employment relationship at any time, with or without cause or notice.
When a full- or regular part-time staff position is eliminated or an employee is terminated for convenience, or without cause, though not required, staff are typically given a 30-day written notice. Employees may be dismissed for cause at any time without notice.
E.8.3.2 Employees Under Contract (Typically Faculty).
Employees will be notified 90 days prior to the expiration of the current contract if their appointment is not to be renewed in the succeeding year, unless there is a contract provision that provides for an alternate notification date or terminal appointment. Dismissal for cause may be at any time without notice.
In the event of termination for cause, regardless of at-will or contractual status, the salary to be paid will be prorated according to the actual number of days worked.
E.8.3.3 For Cause.
The following offenses are considered “cause for termination” and employees may be immediately dismissed for any of the offenses. This list is not meant to be all inclusive.
- Reporting to work under the influence of alcohol or an illegal controlled substance (or controlled substances, if abused to the point of intoxication)
- Possession of an illegal controlled substance on university property
- Unauthorized removal or use of property
- Flagrant misconduct, including fighting, insubordination, harassment, threatening, abusive language, or intimidation
- Absence for two (2) days (not necessarily consecutive) without notification
- Chronic tardiness
- Documented abuse of leave
- Breach of confidentiality
- Possession of firearms or other weapons on university property
- Unwillingness or inability to abide by university policies and rules
- Falsification of employment application or credentials, pay records, student records, or other university records
- Negligent or unethical practice
- Off-duty misconduct that adversely affects the university’s interests or reputation in the community or the employee’s ability to do the job
- Conviction of a felony
- Unsafe operation of equipment in a negligent manner or intentional destruction of university material or property or the property of others
- Sleeping during working hours
Although a dismissal for cause may be effective immediately, an employee may seek review of the matter within five (5) working days of dismissal with the chancellor or chancellor’s designee, who shall make a final decision on the for-cause termination. If the employee’s immediate supervisor is the chancellor, review of the matter will be by the System vice chancellor of academic affairs or their designee.
E.8.3.4 Dismissal of Tenured Faculty.
Dismissal of a tenured faculty member may occur for cause. Dismissals for cause include but are not limited to unprofessional conduct, incompetency, insubordination, immorality, or neglect of professional duties, obligations, and responsibilities.
Dismissal of a tenured faculty member before the end of the specified term will be preceded by:
- Discussions between the faculty member and appropriate administrative officers looking toward a mutual settlement;
- Informal inquiry by the Faculty Senate which may, failing to affect an adjustment, determine whether, in its opinion, dismissal proceedings should be undertaken, without its opinion being binding upon the chancellor;
- A statement of the basis for dismissal, framed with reasonable particularity, by the chancellor or the chancellor’s delegate.
If resolution cannot be achieved by informal means, dismissal proceedings will begin. The individual concerned will have the right to be heard by an ad hoc Faculty Hearing Committee. This committee will be composed of three (3) faculty members elected by the faculty and two (2) administrators appointed by the chancellor and will be formed upon written request from the Faculty Senate and/ or the chancellor. The chairman of this committee will be chosen by the members. Members will remove themselves from the case, either at the request of a party or on their own initiative, if they deem themselves disqualified for bias or interest. Each party will have a maximum of two (2) challenges without stated cause. Vacancies on the Hearing Committee resulting from disqualification challenges without stated cause, illness, resignation, or any other reason will be filled by alternates using the same selection process as was used for the original members. The three-to-two (3-2) faculty/administrator balance will be retained as alternates are selected.
- Service of notice of hearing with specific charges in writing will be at least 20 days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing not less than five (5) days before the hearing.
If the faculty member waives a hearing but denies the charges or asserts that the charges do not support a finding of adequate cause, the hearing tribunal will evaluate all available evidence and rest its recommendation upon the evidence in the record. Failure to answer the charge(s) in writing five (5) days prior to the hearing is deemed to be an admission to the charge.
- The committee, in consultation with the chancellor and the faculty member, will exercise its judgment as to whether the hearing should be public or private.
- A verbatim record of the hearing or hearings will be taken, and a copy will be made available to the faculty member upon request.
- The burden of proof that adequate cause exists rests with the institution and will be satisfied only by a preponderance of the evidence in the record considered as a whole.
- The hearing tribunal may grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
- The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence at their expense, and the administration will, insofar as it is possible for it to do so, secure the cooperation of such witnesses and make available necessary documents and other evidence within its control.
- The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witness cannot or will not appear, but the committee determines that the interests of justice require admission of their statement, the committee will determine an appropriate procedure.
- In the hearing of charges of incompetency, the testimony will include, but need not be limited to, that of qualified faculty and administration from the institution.
- The Hearing Committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available.
- The findings of fact and the decision will be based solely on the hearing record.
- Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements, and publicity about the case by either the faculty member or administrative officers will be avoided as far as possible until the proceedings have been completed. The chancellor and the faculty member will be notified of the decision in writing and will be given a copy of the record of the hearing.
- If the Hearing Committee concludes that adequate cause for dismissal has not been established by a preponderance of the evidence in the record, it will report to the chancellor. If the chancellor rejects the report, they will state the reasons for doing so, in writing, to the Hearing Committee and to the faculty member, and provide an opportunity for response time before taking final action. If the committee finds that an adequate cause for dismissal has been established, it will recommend to the chancellor who will take final action. If the Hearing Committee concludes that adequate cause for dismissal has been established, but that an academic penalty of less than dismissal would be appropriate, it will so recommend to the chancellor with supporting reasons.
Action by the Chancellor. If the chancellor rejects the report, they will state in writing the reasons for doing so to the Hearing Committee and to the faculty member and provide an opportunity for response time before taking final action. The decision of the chancellor is binding upon all.
Suspensions. Until the final decision about termination of an appointment has been reached, the faculty member will be suspended or assigned to other duties in lieu of suspension at the discretion of the chancellor. Salary will continue during the period of suspension.
Terminal Salary Notice. If appointment is terminated, the faculty member will receive their salary for five and one-half months following notice. This provision for terminal notice or salary need not apply when it has been found that the conduct which justified dismissal involved moral turpitude.
Timeframe for Conducting Dismissal Proceeding. Dismissal proceedings will be conducted to complete the process by the end of the next regular spring or fall semester.
E.8.3 Updated March 2021
E.8.4 Retrenchment.
(Board Policy 405.5)
Retrenchment occurs when a reduction in programs or services is necessary because of a financial exigency or because of formal academic planning such as changes in the institutional mission, substantial program changes, reallocations of resources for academic or support services, or for administrative reasons. If retrenchment makes it necessary to eliminate jobs or reduce the workforce, employees will receive written notice in accordance with UA Board Policy 405.4. The university will make every effort to help employees affected by retrenchment identify other employment opportunities on campus.
E.8.4 Updated June 2024
E.8.5 Termination Checklist.
Employees are responsible for returning all university property to include employee ID card, keys, uniforms, procurement cards (P-Cards), and/or other university-sponsored credit cards, telephones, or other equipment, namebadge, parking permits, department books/materials, library materials, telephone cards, etc. If an employee has an outstanding debt with the university, all accounts must be settled with Finance. Faculty must have final grades turned in. This must be done before the final paycheck will be issued. Employees should work with their supervisor and Human Resources to complete the process.
E.8.5 Updated June 2023
E.8.6 Termination Pay.
(ACA §21-4-501; ACA §19-4-1613; Arkansas State Personnel Policy; UASP 440.4)
When an employee leaves the university, final paychecks may not be directly deposited. It is the employee’s responsibility to provide Human Resources with a forwarding mailing address for the final paycheck and W-2 form.
Final pay will include a lump sum payment of any deferred pay amounts and may include lump sum pay for any accrued, unused annual leave, see section E.4.3.4 Payment of Accrued Leave Compensation at Separation of Employment for more information. (This does not apply when an employee transfers to another State agency or institution, in which case, leave balances will be transferred to the new employer.) Annual leave balances will be paid in a lump sum and may not be used to extend employment to fulfill the required notice period in order to be considered eligible for rehire. For non-exempt employees, final pay will include any compensatory time accrued as a result of approved overtime work and any accrued holiday time. Upon the death of an active employee, the amount of unused annual and holiday leave due the employee will be paid to the employee’s estate or authorized beneficiary, up to 60 days or 480 hours of annual and holiday leave.
E.8.6 Updated June 2024
E.8.7 Continuation of Benefits.
(Consolidated Omnibus Budget Reconciliation Act of 1985)
If employment at the university ends for any reason other than as a result of gross misconduct and an employee was covered under the university’s medical plan at the time, the employee will automatically be offered continued health coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). With COBRA an employee may continue coverage at their own expense for up to 18 months or until covered by another plan, whichever comes first. An employee must formally elect continued coverage within 60 days from receipt of the notice on the COBRA election form or the date coverage ends, whichever is later.
If a covered dependent loses medical coverage due to death or divorce or a child loses coverage due to marriage or attainment of the age of 19 years (or 25 years for a full-time student), the dependent may elect COBRA and continue coverage for up to 36 months. It is the responsibility of the covered employee to notify Human Resources if a dependent ceases to be eligible for coverage. Contact Human Resources for more information and enrollment requirements.
E.8.7 Reorganized January 2021
E.8.8 Re-employment.
(UASP 405.6)
An employee who leaves the university in good standing may be considered eligible for re-employment and is, in many cases, a better applicant because of their familiarity with the university. Re-employment is never guaranteed. Former employees seeking employment are required to follow the same application procedures as other applicants and must meet the same job requirements. Former employees who resigned without appropriate notice (refer to E.8.1 Employee Resignation) or who were discharged will be deemed ineligible for rehire and will not be considered for re-employment.
An employee who has been dismissed for cause or who has been designated by their campus, unit, or division as not eligible for rehire shall not be eligible for re-employment within any of the University of Arkansas System’s campuses, units, or divisions.
E.8.8 Reorganized January 2021
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