Section 5 - Conditions of Employment



1. Policy: The Board or the President of the University may remove an administrative officer of the component University when in the judgment of the Board or the President the interests of the System or the individual University require removal. An administrative officer shall not have a right to a hearing unless the officer alleges that the decision to terminate constitutes violation of a right guaranteed by the laws or constitution of the State of Texas or of the United States and requests an administrative hearing to review the allegations. In such case the administrative officer shall be afforded an opportunity to present allegations before a hearing committee consisting of three impartial administrative officers of the university appointed by the President. Such allegations shall be heard under the same procedures as in the case of dismissal of staff for cause, with the following exceptions:

1.1 The burden of proof is upon the affected administrative officer to establish at such hearing that the decision in question constitutes violation of a right guaranteed by the laws or Constitution of the State of Texas or of the United States.

1.2 The President of the University need not state the reasons for the questioned decision nor offer evidence in support thereof unless the affected administrative officer presents a prima facie case in support of such allegations. In such case, the hearing committee shall determine whether the President has no other reason for his decision.

1.3 The hearing committee will make written findings on the material facts and a recommendation, which findings and recommendation shall be forwarded to the President and to the affected administrative officer. The administrative officer may appeal to the President and ultimately to the Board of Regents in accordance with the terms and procedures specified in Chapter V, Subsections 4.234 and 4.235 of the TSUS Rules and Regulations

2. If the administrative officer has tenure at the University by virtue of holding a past faculty position or otherwise, termination as a member of the tenured faculty shall be only for good cause shown, and the official shall be given a hearing if terminated from tenured faculty status according to the faculty handbook.