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You are here:Home / Academic Personnel / Faculty / Basic Terms and Conditions of Appointment and Faculty Governance / Contingency Clauses for Faculty Appointments / Funding Contingencies

Posted to Website:02/21/2007

Funding Contingencies

CONTENTS

Overview

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.  


Implementing a Funding Contingency

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

  • Letter from the Department Chair to the Dean recommending the appointment action for consideration by all appropriate appointment committees.
  • Appropriate notation on the University's Form AP-2 which is the transmittal for the appointment action,
  • Appropriate flag in the new employment, reappointment, or promotion action prepared by the appointing department 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."


Removal of Active 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 Executive Vice Chancellor and Provost, 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 requesting the removal and a justification must be accomplished in written form by the Department Chair with the endorsement of the appropriate Dean addressed directly to the Provost c/o Academic Personnel, Office of the Executive Vice Chancellor and Provost, CB #8000. This action will likewise require approval by the Provost or his/her designee, the Office of the Chancellor, and the Board of Trustees. An accompanying action in the EPAWeb Personnel Action System must also be prepared to propose removal of the funding contingency flag.

 


End of Appointment Due to Loss of Funding

A funding contingency permits early discontinuation of fixed or probationary term appointment due to a loss of funding. While this notice may legally be accomplished without prior notice, the Provost'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 Provost'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. This letter should specifically refer the employee to the appropriate Human Resources Generalist in the Office of Human Resources for information on benefits continuation following termination from employment. This referral shall include the Generalist's telephone number and electronic mail contact informatiom. For list of Generalist assignments, click here.



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Copyright 2006 The Office of the Executive Vice Chancellor & Provost, University of North Carolina at Chapel Hill. An Equal Opportunity Employer. For questions or comments regarding these web pages, contact: epa_hr@unc.edu.