Due Process Issue Related To Potential Dismissal Of NTT

The FSU was made aware of an NTT who was alleged to have failed to perform their job responsibilities. The Administration indicated that they intended to move forward with termination of this member. The FSU reminded the Administration that all terminations of members with continuing appointments must follow the due process provisions of the contract which in this case meant that the member could not be terminated without following the dismissal procedures outline in Article 21.14. The Administration agreed with this requirement but has indicated that the member abandoned their position. They indicated that as a result of the abandoned position the termination procedure may not be required (i.e. their assessment is that they are within their right to move directly to termination). The FSU reached out to the member to confirm their status. They confirmed the resignation. The member and HR are now working together to effectuate the resignation.

Another NTT without a continuing appointment was put on paid administrative leave after allegations of poor performance. The FSU expressed concern to the Administration that the paid administrative leave imposed on this member was done before progressive discipline was followed. The FSU is working with this member and with Admin to ensure due process for discipline and/or dismissal is adhered to.