Funding Contingencies

All faculty appointments, initial or reappointments, may be made contingent on the availability of non-permanent State or Trust funds. In most instances, the contingency is related to continued availability of funding from one or more specific contracts or grants. When present, this contingency permits early discontinuation of a faculty appointment contrary to the normal appointment terms.  

To implement a funding contingency on an initial appointment, reappointment, or promotion, the contingency clause must be specified on all appropriate paperwork to assure inclusion in the official appointment letter which governs the appointment terms. The paperwork includes:

• Letter of recommendation from the department chair to the dean (as well as the cover letter to the EVC&P).
• Line 9, Form AP-2 which is the transmittal form for the appointment action.
• Appropriate flag in the new employment, reappointment, or promotion action in the EPAWeb Personnel EPAWeb Action System.

The following clause, or substantially similar language, is included in all appointment letters for appointments with a funding contingency:

"This appointment is contingent upon the continuing availability to (the department name) of funds appropriate for the payment of your salary from sources other than continuing state budget funds or permanent trust funds.  If at some future time these funds are unavailable, your appointment may have to be terminated; this is the meaning of contingency clause."

The removal of any contingency clause in a previously implemented faculty appointment requires the approval of Academic Personnel in the Office of the EVC&P, the Office of the Chancellor, and the Board of Trustees. 

When removed in the context of a reappointment or promotion action, the Department Chair's letter, Form AP-2, and the implementing action in the EPAWeb Personnel Action System must all reflect removal of the funding contingency.

In the event removal is being accomplished for some other special reason and is not concurrent with a reappointment or promotion action, a memo of justification requesting the removal of the contingency clause must be submitted by the Department Chair with the endorsement of the appropriate Dean addressed directly to the Office of EVC&P, c/o Academic Personnel, CB #8000. This action will likewise require approval by the EVC&P or his/her designee, the Office of the Chancellor, and the Board of Trustees. Pending approval by the appropriate administrative channels, accompanying action in the EPAWeb Personnel Action System must be prepared to remove the funding contingency flag.

 

A funding contingency permits early discontinuation of fixed or probationary term appointments due to a loss of funding. While this notice may legally be accomplished without prior notice, the EVC&P's Office asks departments to provide a minimum courtesy 30-day notice whenever possible.

Any proposed termination of a tenured faculty member due to a contingency clause requires advance consultation with the EVC&P's Office.

All terminations due to activation of a funding contingency should be accomplished in writing to the employee by the Department Chair and be copied through normal administrative approval channels.