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R-16, Memorandum of Understanding Regarding “Future Need”

DEFINITIONS:

1. The Parties recognize that there should be a “future need” for a position each time an applicant is renewed.

2. The Parties recognize that there should be a “future need” for a position before an applicant may be tenured in it.

3. “Future need” in a particular Faculty Member’s case is a need for services, consistent with the position description, the Faculty Member’s academic qualifications, and academic programs approved by the Board of Regents.

Application of “future need” in the evaluation of tenure applications:

1. “Future need” shall be established as follows:

a. Where a Faculty Member has been renewed during the probationary process and hence accorded either the presumption or the explicit determination of future need, that the Faculty Member’s application for tenure may not be rejected on the basis of lack of future need absent a clear and convincing demonstration by the Employer that there is no future need for the position, and that the Employer’s needs have materially changed since the last renewal.

b. The Employer’s determination of future need shall be in good faith and neither arbitrary nor capricious.

c. It shall be improper for the Employer to non-renew a probationer for lack of future need and immediately thereafter hire another Faculty Member to provide substantially the same services.

d. Nothing herein shall restrict or alter the Employer’s right to retrench under the collective bargaining agreement.