Q: I’m a professor who just accepted a position at another university. I took sabbatical and have only completed one year.
The faculty manuel says the following:
“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical, the faculty member will make a brief written report of his/her professional development activities to the provost and the appropriate school dean. If the faculty member returns only for part of the two academic years following successively on the sabbatical, payment of a proportional amount of the salary advanced during the sabbatical will be due on demand.” The University has give me three options for repayment none which at feasible. Is this binding? Do I have any options? They want me to sign right away. I feel this is a pressure tactic.
A:
If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single lump-sum payment when they asked for it. Your question does not include any language suggesting that they are required to extend you any repayment terms (e.g. monthly payments over some period of time). Of course, you are free to negotiate whatever repayments terms may be mutually agreeable. The university cannot force you to accept different terms, and you cannot force the university to accept different terms, other than making a single lump-sum payment on demand.
Assuming there is no evidence of fraud (e.g. you made plans or intended to leave the university before going on sabbatical), you might be able to file bankruptcy to discharge this debt if you are genuinely unable to pay it.
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