TENURE
POLICIES, REGULATIONS AND PROCEDURES OF
THE
UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE
Revised
effective April 20, 2007
7 Process for Review of Unfavorable RPT
Decisions
9.3
Assistance for Faculty Members and
Rights to New Positions
1.1
Academic Year
“Academic
Year” and its beginning and end means the academic
year as shown on the official University academic
calendar published by the Office of Academic Affairs.
1.2
College and Dean
For
purposes of this document, the term "College"
shall include the Library and the term "Dean"
shall include the University Librarian.
1.3
Day
The
word "Day" whenever it is used in Sections
6, 7, 8,
and 9, shall mean any day except
Saturday, Sunday, or an institutional holiday except
when calendar day is specified. In computing any
period of time, the Day in which notice is received
is not counted but the last Day of the period being
computed is to be counted.
1.4
Faculty
For
purposes of this document, the term "Faculty"
means all persons who hold Professorial Rank pursuant
to Section 3.2 below, or a Special
Faculty Appointment pursuant to Section
3.4 below.
For
purposes of this document, the term "Faculty
Member" means any person who is a member of the
Faculty as that term is defined in Section
1.4 above.
For
purposes of this document, the term “Financial Exigency”
is defined as a significant decline in the financial
resources of the University that is brought about
by decline in institutional enrollment or by other
action or events that compel a reduction in the University’s
current operations budget.
For
the purposes of this document, giving “Formal Notice”
means notifying or attempting to notify an individual
of an action or decision following the notice standards
set forth in The University of North Carolina Board
of Governors Policy
101.3.3.
1.8
Impermissible Grounds
For
the purposes of this document, basing a decision on
“Impermissible Grounds” means basing a decision on
(1) exercise by the Faculty Member of rights of freedom
of speech guaranteed by the First Amendment to the
Constitution of the United States or by Article I
of the Constitution of North Carolina; (2) discrimination
based upon the race, color, creed, sex, disability,
sexual orientation, religion, age, or national origin
of the Faculty Member or because of the person’s honorable
service in the armed services of the United States;
or (3) Personal Malice.
For
purposes of this document, the term “Instructor” is
an individual who begins employment at The University
of North Carolina at Charlotte in a fixed-term appointment
bearing that title before having been awarded the
appropriate terminal degree or who presents evidence
of comparable professional distinction in his or her
field.
For
purposes of this document, the term “Mandatory Review”
means a review that is required to be made in a specified
year of a Faculty Member's career pursuant to this
document.
1.11
Material Procedural Irregularities
For
purposes of this document, “Material Procedural Irregularities”
means departures from prescribed procedures governing
reappointment, promotion, or the conferral of Permanent
Tenure that cast reasonable doubt upon the validity
of the decision not to reappoint, not to promote,
or not to confer Permanent Tenure.
A
decision not to reappoint, not to promote, or not
to confer Permanent Tenure on a Faculty Member is
based on "Personal Malice" if the decision
maker permits that decision to be made because of
dislike, animosity, ill-will, or hatred based on the
Faculty Member's personal characteristics, traits,
or circumstances not relevant to valid University
decision making.
For
purposes of this document, the term “Professorial
Rank” is the rank of Assistant Professor, Associate
Professor, or Professor.
1.14
Tenure; Permanent Tenure
For
purposes of this document, the term “Tenure” refers
to the duration of a Faculty appointment. “Permanent
Tenure” is an employment status awarded by the Board
of Trustees of the University of North Carolina
at Charlotte (formerly by the Board of Governors
of the University of North Carolina), and is a recognition
of an individual’s academic achievements. To attain
the award of Permanent Tenure, an individual must
demonstrate teaching, research, and service accomplishments
meeting criteria established by the University.
An appointment with Permanent Tenure creates an
expectation of continued employment for an indefinite
period of time, unless the Faculty Member is removed
from such employment by the University for any of
the reasons, and only in accordance with the procedures,
established in Section 8 of this document. Only
those individuals holding the rank of Associate
Professor or Professor are eligible for the award
of Permanent Tenure.
Faculty
appointments with Permanent Tenure may be contrasted
with all other Faculty appointments, which entitle
the Faculty Member to employment only for the fixed
term of service set forth in the document of appointment.
Although
Faculty appointments with Permanent Tenure and fixed-term
Faculty appointments differ in duration, both carry
important rights as a matter of UNC Charlotte and
University of North Carolina policy. These rights
include academic freedom and freedom of inquiry, and
the right to protection against the unjust or arbitrary
application of disciplinary penalties, as described
in Section 2.
A
Faculty Member is “on the Tenure Track” if he or she
holds a fixed-term appointment at a Professorial Rank
and must be reviewed for the conferral of Permanent
Tenure not later than the end of a specified term
of service.
1.16
Unfavorable RPT Decision
For
purposes of this document, the term “Unfavorable RPT
Decision” means a decision not to reappoint, not to
promote, or not to confer Permanent Tenure on a Faculty
Member.
2
Academic Freedom and Responsibility of Faculty
The
University of North Carolina at Charlotte endorses
and supports the principles of academic freedom and
responsibility of Faculty, as set forth in Sections
601 and 602 of The Code of the University
of North Carolina. UNC Charlotte will support and
encourage full freedom, within the law, of inquiry,
discourse, teaching, research, and publication for
all members of its Faculty, to the end that they may
responsibly pursue the transmission and advancement
of knowledge and understanding free from internal
or external restraints that would unreasonably restrict
academic endeavors. The University will protect Faculty
Members in the responsible exercise of the freedom
to teach, to learn, and otherwise to seek and speak
the truth, and will not penalize or discipline members
because of the exercise of academic freedom in the
lawful pursuit of their respective areas of scholarly
and professional interest and responsibility.
Faculty
Members will share in the responsibility for maintaining
an environment in which academic freedom flourishes
and in which the rights of each member of the academic
community are respected. They are expected to recognize
that accuracy, forthrightness and dignity befit their
association with the University, and should not represent
themselves, without authorization, as spokespersons
for the University of North Carolina or any of its
constituent institutions.
3
Faculty Appointments
3.1
General Considerations in Faculty Appointments
Recommendations,
determinations, and decisions on initial appointment,
reappointment, promotion, or the conferral of Permanent
Tenure shall be based upon an assessment of at least
the following: (1) the Faculty Member's demonstrated
professional competence; (2) potential for future
contribution to The University of North Carolina at
Charlotte; and (3) institutional needs and resources.
3.2
Professorial Ranks and Their Characteristics
To
be qualified for Professorial Rank (Assistant Professor,
Associate Professor, and Professor), a person shall
hold the appropriate terminal degree or present
evidence of comparable professional distinction
in his or her field.
Prior
professional experience shall be taken into account
in determining initial rank and salary.
Appointment
in a given department or unit shall not continue
beyond seven years of experience in the Professorial
Ranks at The University of North Carolina at Charlotte
unless a decision to award Permanent Tenure has
been made during or before year six. However, in
rare cases, an individual who has not been granted
Permanent Tenure may subsequently be offered a Special
Faculty Appointment in accordance with Section
3.4.
Notice
of reappointment or nonreappointment shall be in
writing from the Provost and shall be given not
later than the end of the penultimate year of the
current appointment. If the decision is not to reappoint,
failure to provide written notice shall oblige the
Chancellor thereafter to offer a terminal appointment
of one academic year beyond the termination of the
current appointment.
A
Faculty Member may be considered for the conferral
of Permanent Tenure or promotion with conferral of
Permanent Tenure at times earlier than those specified
in this Section 3.
3.2.1
Assistant Professor
The
initial appointment of a Faculty Member at the
rank of Assistant Professor shall be for a term
of four years.
Before
the end of the third year of the initial appointment
as Assistant Professor, the Faculty Member shall
be reviewed for reappointment and shall receive
written notice of reappointment at the same or
higher rank or of nonreappointment.
An
Assistant Professor who is reappointed at the same
rank shall receive an appointment of three years.
During and before the end of the second year of
the second appointment as Assistant Professor, he
or she shall be reviewed and given written notice
of promotion to Associate Professor with conferral
of Permanent Tenure or of nonreappointment. Permanent
Tenure may not be awarded to a Faculty Member at
the rank of Assistant Professor.
3.2.2
Associate Professor
With
the written approval of the dean of the College
and the concurrence of the Provost obtained in
advance of the initiation of formal appointment
procedures, an initial appointment to the rank
of Associate Professor with Permanent Tenure may
be recommended, to become effective upon the subsequent
approval of the appointment through the procedures
of Section 4.
When
a Faculty Member's initial appointment by the
institution is to the rank of Associate Professor
without Permanent Tenure, the appointment is to
a term of three to five years. During and before
the end of the penultimate year of the appointment
as Associate Professor, the Faculty Member shall
be reviewed for Permanent Tenure and given written
notice from the Provost that he or she will be
reappointed with Permanent Tenure at the same
or higher rank or of nonreappointment.
A
Faculty Member promoted to the rank of Associate
Professor must also be awarded Permanent Tenure.
An
Associate Professor with Permanent Tenure is required
to undergo a comprehensive review every five years
pursuant to the “Tenured Faculty Performance Review
Policy.” If a review of a tenured Faculty Member
for promotion to full professor is conducted at
the time at which a Tenured Faculty Performance
Review is mandated, review for promotion fulfills
the requirement. An Associate Professor with Permanent
Tenure may not elect to postpone periodic reviews
as required under the “Tenured Faculty Performance
Review Policy.”
The
initial appointment of a Faculty Member to the
rank of Professor shall be either with Permanent
Tenure or for a term of three to five years.
If the initial appointment is without Permanent
Tenure, the Faculty Member shall be reviewed for
reappointment with Permanent Tenure and given
written notice from the Provost, during and before
the end of the penultimate year of the appointment,
of reappointment with Permanent Tenure or of nonreappointment.
A
Faculty Member who is promoted to the rank of
Professor shall have Permanent Tenure.
All
Professors will be subject periodic reviews as required
under the “Tenured Faculty Performance Review Policy.”
3.3
Annual Performance Review for Tenure Track Faculty
The
chair will provide each tenure track Faculty Member
in the department’s Professorial Ranks a letter each
year that provides an evaluation of the Faculty Member’s
accomplishments during the previous year and that
discusses the Faculty Member’s progress toward achieving
reappointment, promotion, or the conferral of Permanent
Tenure, as appropriate. The letter should clearly
and specifically address strengths and weaknesses
in the performance of the Faculty Member, providing
for a clear plan and timetable for improvement of
any deficiencies in performance. While ultimate decisions
on reappointment, promotion, and the conferral of
Permanent Tenure take into account many factors, not
all of which are related to the Faculty Member’s performance,
effective annual evaluations are intended to help
to eliminate unexpected results in the comprehensive
reviews supporting decisions on reappointment, promotion,
and the conferral of Permanent Tenure. Guidelines
for the annual performance review are detailed in
the UNC
Charlotte Academic
Personnel Procedures Handbook.
3.4
Special Faculty Appointments
If
a Faculty appointment is not an appointment to the
Professorial Ranks, it is a Special Faculty Appointment.
A Special Faculty Appointment shall carry a title
appropriate to the responsibilities of the position,
such as Visiting Professor, Adjunct Professor, Instructor,
Assistant Professor (Library), Assistant Professor
(Military), Lecturer, Assistant Research Professor
(see Policy
Statement #100, Research Appointments), or Artist-in-Residence.
All Special Faculty Appointments are for a specified
term of service. The letter of appointment shall
specify the length of the term of service.
The
specification of the length of the appointment shall
be deemed to constitute full and timely notice of
nonreappointment when that term expires. Except as
provided in Section 3.4.2, the
University has no obligation to consider future appointments
for persons with such Special Faculty Appointments.
The “Principles of Employment for Non-Tenure-Track
Faculty” shall be considered in the development of
policies and procedures related to persons holding
Special Faculty Appointments.
Faculty
Members in Special Faculty Appointments shall not
be eligible for Permanent Tenure.
To
be qualified for the rank of Instructor, a person
shall be a candidate for the appropriate terminal
degree or present evidence of comparable professional
distinction in his or her field. An Instructor shall
be appointed for a term of one year. Ordinarily,
service as an Instructor should not exceed one year,
and in no case shall an Instructor serve in this
rank for more than two years. It is expected that
an Instructor will complete the work necessary to
be qualified for the rank of Assistant Professor
in two years or less. An Instructor who completes
the requirements for the rank of Assistant Professor
will be eligible to be considered for appointment
to an initial four-year term as Assistant Professor
at the beginning of the next academic year. Service
as an Instructor shall not be included when computing
the maximum seven-year period noted in Section
3.2 above.
3.4.2
Library Faculty Members in Certain Special Faculty
Appointments
Library
Faculty Members covered by the “Procedures for Initial
Appointment, Reappointment, and Promotion for Covered
Library Faculty at The University of North Carolina
at Charlotte” (“Covered Library Faculty”) hold Special
Faculty Appointments. Covered Library Faculty shall
be considered for appointment, reappointment, promotion,
and annual review as provided in those Procedures.
Covered Library Faculty Members may seek review
of a decision not to reappoint or not to promote
in accord with Section 7 below.
A
Faculty Member, either in a Professorial Rank or
in a Special Faculty Appointment, may at one time
hold only one full-time appointment at The University
of North Carolina at Charlotte. This appointment
may be held, by joint appointment, between or among
two or more departments, between or among a department
and one or more programs or centers, or by holding
an appointment to an administrative position concurrently
with a Faculty appointment. In all joint appointments,
the base unit of appointment shall be an academic
unit.
A
Faculty Member with Permanent Tenure who accepts
an administrative position within The University
of North Carolina at Charlotte shall retain Permanent
Tenure, and shall be judged for promotion according
to the same criteria and on the same schedule as
apply to other Permanently Tenured Faculty Members
in the Faculty Member's base unit. A Faculty Member
without Permanent Tenure who holds an administrative
position shall be considered for reappointment,
promotion, and conferral of Permanent Tenure according
to the same criteria, and on the same schedule,
as apply to Faculty Members of the same rank and
Tenure status in the Faculty Member's base unit.
Procedures for renewal of the joint administrative
appointment shall be specified in the original appointment
recommendation.
When
a joint appointment is to be made as part of an
initial appointment to the Faculty, the regular
procedures prescribed herein for initial appointment
to the rank proposed shall be followed simultaneously
by the units involved in making a joint recommendation
for appointment. The joint recommendation shall
designate one of the units as the unit of base appointment
and set forth, at a minimum, the terms and conditions
specified in the "Policy
Statement on Joint Appointments for Faculty"
included in the UNC
Charlotte Academic Personnel Procedures Handbook.
If the joint appointment is approved by the
Provost, thereafter the base unit is responsible
for processing personnel actions that affect the
joint appointee; but with respect to each such action,
the recommendation put forward shall be one jointly
concurred in by the units concerned as required
by their agreed procedures for joint consultation
and decision. An agreement signed by the Faculty
Member, the Provost, and the heads of the affected
units will describe the process for evaluating the
Faculty Member holding such joint appointment. The
Faculty Member shall be judged for promotion according
to the same criteria and on the same schedule as
apply to Faculty Members in the Faculty Member's
base unit.
When
a joint appointment is made for a person who is
already a member of the Faculty, the heads of the
affected units shall jointly put forward through
the regular channels for review of initial appointments
a recommendation that the existing appointment be
converted into a joint appointment. The joint recommendation
shall include the same elements required with respect
to a recommendation for initial joint appointment.
Upon approval of such a recommendation, the joint
appointee retains the same Faculty rank and Tenure
status as previously held, and shall enjoy the rights
associated with the Faculty position. Thereafter,
all personnel actions affecting his or her Faculty
appointment shall be processed as provided in the
case of an initial joint appointment.
The
provisions of this section do not apply to the creation
of adjunct appointments for persons who are currently
members of the Faculty of The University of North
Carolina at Charlotte.
3.6
Continued Availability of Special Funding
The
appointment, reappointment, or promotion of a Faculty
Member to a position funded in whole or in substantial
part from sources other than continuing State budget
funds or permanent trust funds shall specify in
writing that the continuance of his or her services,
whether for a specified term or for Permanent Tenure,
shall be contingent upon the continuing availability
of such funds. This contingency shall not be included
in a Faculty Member's appointment following promotion
if, before the effective date of that promotion,
the Faculty Member had Permanent Tenure and no such
contingency was attached to the conferral of Permanent
Tenure.
If
a Faculty Member's appointment is terminated because
these funds are not available, The University of
North Carolina at Charlotte shall make every reasonable
effort to give the same notice as set forth in Section
3.2. Furthermore, the University shall make
every reasonable effort to give at least twelve
months notice to Faculty Members with Permanent
Tenure.
A
Faculty Member may receive full or partial Leave
of Absence providing relief from full-time employment
responsibilities for a fixed period, upon recommendation
of the department chair and dean, and by written
agreement signed by the Provost or designee and
Faculty Member. The agreement shall specify the
effect of the leave on the timetable for consideration
of Tenure. (See The University of North Carolina
at Charlotte Policy Statement #46, "Leaves of Absence for Members
of the Faculty.")
Any
provisions for less than full-time employment in
an initial appointment to the Faculty must be specified
in the initial appointment document signed by the
appropriate University official.
3.8
Faculty Resignations and Retirements
A
Faculty Member who decides to resign or to retire
from The University of North Carolina at Charlotte
has the obligation to give timely written notice of
the decision, with its effective date, to his or her
immediate supervisor.
4
Procedures for Initial Appointment
4.1
Procedures for Initial Appointment
Each
College shall establish procedures for the initial
appointment of all Faculty Members, including how
search committees are formed and how they operate
to provide recommendations to the dean concerning
the appointment of full-time Faculty. Such procedures
shall be consistent with the UNC
Charlotte Academic Personnel Procedures Handbook,
this document, and, for Special Faculty Appointments,
procedures developed by the applicable College that
are consistent with the “Principles of Employment
for Non-Tenure-Track Faculty.”
College
procedures shall provide that the department chair
shall consider the recommendation of the Department
Review Committee (DRC; see Section
5.3 below) before forwarding to the dean
any recommendation that will confer Permanent Tenure
in an initial appointment. The department chair
shall forward to the dean the recommendation and
rationale of the DRC along with his or her recommendation
and rationale. College procedures may also provide
additional requirements for review and consultation
in the initial appointment process.
For
Assistant Professor and Special Faculty Appointments,
the dean of the College, after consulting with the
department chair, shall forward his or her decision
to appoint along with the necessary documentation
to the Provost. The dean shall forward to
the Provost a recommendation to appoint any Associate
Professor or Professor, or any recommendation for
an appointment that will carry Permanent Tenure.
The
Provost shall have final authority to make decisions
to appoint Associate Professors and Professors without
Permanent Tenure. For an appointment that would
confer Permanent Tenure, the Provost shall make
a recommendation to the Chancellor.
If
the Chancellor decides not to recommend an appointment
that would confer Permanent Tenure, that decision
is final. If the Chancellor concurs with a recommendation
from the Provost to make an appointment that would
confer Permanent Tenure, the Chancellor shall forward
his or her recommendation to the Board of Trustees
for final approval.
Any
deliberations by a search committee concerning appointment
for a particular Faculty Member shall be held in closed
session, with only those present whom the committee
deems necessary to its deliberations.
All
documents submitted or created in connection with
the process of review for initial appointment and
the information contained therein, as well as information
derived from any discussions that are part of the
formal review, are considered confidential personnel
information. All persons participating in the process
of review for initial appointment shall treat such
information as confidential. Such confidential records
and information shall not be disclosed to or discussed
with any person except: (1) search committee members
(2) those persons required or permitted to be consulted
in accord with the requirements of department, College,
or University policies; or (3) those persons permitted
access to such documents by law. Violation of this
section may expose any Faculty Member, including an
administrator, to the imposition of serious sanctions
pursuant to Section 8 below.
4.4
Terms and Conditions of Appointment
The
general terms and conditions and any specific terms
and conditions of each initial appointment and of
each reappointment to the Faculty shall either be
set forth in the document of appointment or reappointment
or shall be incorporated therein by clear reference
to specified documents that shall be readily available
to the Faculty Member. A copy of the terms, signed
by the Chancellor or a delegated officer, shall be
delivered to and signed by the Faculty Member.
5
Review Committees for Faculty Members in Professorial
Ranks
Any
deliberations by a department or College review committee
concerning reappointment, promotion, or the conferral
of Permanent Tenure for a particular Faculty Member
shall be held in closed session, with only those present
whom the committee deems necessary to its deliberations.
All
documents submitted or created in connection with
the process of review for reappointment, promotion,
or the conferral of Permanent Tenure, and the information
contained therein, as well as information derived
from any discussions that are part of the formal review,
are considered confidential personnel information.
All persons participating in the process of review
for initial appointment, reappointment, promotion,
or the conferral of Permanent Tenure shall treat such
information as confidential. Such confidential records
and information shall not be disclosed to or discussed
with any person except: (1) review committee members;
(2) those persons required or permitted to be consulted
in accord with the requirements of department, College,
or University policies; or (4) those persons permitted
access to such documents by law. Violation of this
section may expose any Faculty Member, including an
administrator, to the imposition of serious sanctions
pursuant to Section 8 below.
5.3
Department Review Committee (DRC) on Reappointment,
Promotion, and the Conferral of Permanent Tenure
In
Colleges with formal departmental structure, each
department shall have a Department Review Committee
(DRC) that provides the department chair with recommendations
on reappointment, promotion, and the conferral of
Permanent Tenure. The DRC shall be elected by the
department Faculty from the department
Faculty who have full-time appointments holding
Professorial Rank. Election shall be according to
procedures established by the department Faculty.
At least three Permanently Tenured Faculty Members
shall serve as the voting members of the committee,
and the Permanently Tenured members shall have a
majority. Permanently Tenured Faculty Members from
other departments may be selected, according to
a procedure approved by the department Faculty,
as voting members only if necessary to constitute
the committee. Faculty Members without Permanent
Tenure who hold Professorial Rank may serve only
as nonvoting participants, as determined by the
department. The committee shall elect its chair
from its Permanently Tenured members.
No
dean, department chair, associate dean, or assistant
dean may serve on the DRC.
A
department may permit, pursuant to its own policies,
Tenure Track Faculty Members who are not members
of the DRC to observe the DRC as it conducts its
deliberations; provided that the chair of the DRC
informs such observers that they are bound by the
confidentiality requirements set forth in Section
5.2.
In
Colleges without formal departmental structure or
in Colleges with Schools, the Faculty will create
procedures for review for reappointment, promotion,
and the conferral of Permanent Tenure for Tenure
Track Faculty that provide the opportunity for two
separate and independent reviews within the College.
A document that describes these procedures will
be reviewed by the College Faculty and approved
by the Provost.
5.4
College Review Committee (CRC) on Reappointment,
Promotion, and the Conferral of Permanent Tenure
Each
College shall have a College Review Committee (CRC)
that provides the dean with recommendations on
reappointment, promotion, and the conferral of Permanent
Tenure. The committee shall be elected by the College
Faculty from the Permanently Tenured Faculty of
the College who hold full-time appointments. Election
shall be according to procedures established by
the College Faculty that provides for the election
of at least three members. The CRC shall elect its
chair from its members.
Colleges
shall have procedures ensuring that no Faculty Member
participates in the same case as a member of both
the DRC and the CRC in reviewing or providing recommendations
about reappointment, promotion, or the conferral
of Permanent Tenure.
No
dean, department chair, associate dean, or assistant
dean may serve on the CRC.
It
is the responsibility of members of the CRC to act
in the interest of the College in general. Members
of the CRC do not serve on that body to represent
the interests of their home departments in supporting
or opposing the case of any Faculty Member under
consideration by the CRC.
6
Procedures for Review for Reappointment, Promotion,
and the Conferral of Permanent Tenure for Faculty
Members in Professorial Ranks
Each
positive or negative determination and the rationale
for such determination on reappointment, promotion,
or conferral of Permanent Tenure made by a chair or
a dean shall be provided in writing to the Faculty
Member to whom it pertains simultaneously with its
transmittal to the next administrative level. Each
positive or negative decision of the Provost or the
Chancellor and the rationale for any negative decision
on reappointment, promotion, or conferral of Permanent
Tenure shall be provided in writing to the Faculty
Member to whom it pertains simultaneously with its
transmittal to the next administrative level. That
Faculty Member shall have access to all documents
that are part of the decision-making process.
6.2
Permissible and Impermissible Grounds for Decisions
Except
as herein provided, determinations and decisions pertaining
to reappointment, promotion, and conferral of Permanent
Tenure are, without further recourse, the responsibility
of the officers of administration authorized to make
them, acting in accordance with procedures prescribed
herein. In exercise of their judgment, whether in
the first instance or in review of recommendations,
such officers may take into account and use as the
basis of decision, in whole or in part, any factors
deemed relevant to total institutional interests,
except that in no event shall an Unfavorable RPT Decision
be based upon Impermissible Grounds or Material Procedural
Irregularities as defined in Section
1 of this document.
6.3.1
Faculty Member’s Right to Terminate Review
A
Faculty Member may terminate a review for reappointment,
promotion, or the conferral of Permanent Tenure
at any time prior to notification of the Provost’s
final decision under Section 6.3.4
below by delivering a signed written request for
termination of review to the department chair,
with copies to the dean and Provost. The department
chair, dean, or Provost shall respond in writing
to the request. If the request is granted, the
termination of the review is irrevocable.
If
the review terminated by the Faculty Member included
the question of reappointment, employment in the
Professorial Rank will not extend beyond the end
of the current term of employment.
If
the review terminated by the Faculty Member included
the question of promotion or of the conferral of
Permanent Tenure when such review is not mandated
by Section 3.2, then the review
shall be terminated. The termination of a review
under these circumstances shall have no effect on
voluntary or Mandatory Reviews in subsequent academic
years.
6.3.2
Departmental Review
In
all review cases, the deadline for submission
of full dossiers may not be earlier than the first
day of the academic year during which the review
will take place. Notwithstanding the immediately
preceding sentence, departments may set earlier
deadlines with regard to the submission of any
materials or information needed to obtain external
review letters.
The
Permanently Tenured Faculty Members in the department,
other than those who will participate in the review
process at another level, who are at or above
the rank for which a candidate is under consideration
shall be provided an opportunity to review the
candidate's dossier and provide advice to the
DRC. Evaluations of the candidate’s dossier by
the DRC and by the chair are intended to be separate
and independent. However, the DRC may invite the
department chair into its discussions if the DRC
unanimously determines that doing so will assist
in its deliberations. The DRC shall submit its recommendation(s) and rationale(s)
whether or not to reappoint, to promote, or to
confer Permanent Tenure to the department chair
after considering the advice provided by such
Permanently Tenured Faculty. If the department
chair’s determination is positive on each action
under review, he or she shall, after consulting
with the assembled DRC, submit his or her determination
and rationale, together with the recommendation(s)
and rationale(s) of the DRC, to the dean of the
College.
If,
after consulting with the assembled DRC,
the department chair determines not to reappoint,
promote, or confer Permanent Tenure for a Faculty
Member under review, he or she shall meet with
the Faculty Member to provide the Faculty Member
with a copy of that determination and its rationale,
and to explain the Faculty Member’s right of rebuttal.
Within ten Days after this meeting, the Faculty
Member may submit to the dean and the chair his
or her written rebuttal to the chair’s determination.
Upon receipt of the Faculty Member’s rebuttal,
or at the end of ten Days after the chair meets
with the Faculty Member if the Faculty Member
does not submit a rebuttal, the chair shall submit
his or her determinations and rationales, together
with the recommendations and rationales of the
DRC, to the dean of the College.
After receipt of the determinations
and rationales of the department chair and the
recommendations and rationales of the DRC, and
the Faculty Member’s rebuttal to the chair’s determination,
if any, the dean shall deliver such documents
to the CRC. The CRC shall submit its recommendations
and rationales to the dean. If the dean’s determination
is positive on each action under review for a
Faculty Member, he or she shall, after consulting
with the assembled CRC, submit his or her determinations
and rationales, together with the recommendations
and rationales of the CRC and the DRC, the determinations
and rationales of the department chair, and
the Faculty Member’s rebuttal(s), if any, to the Provost.
If,
after consulting with the assembled CRC, the dean
determines not to reappoint, promote, or confer
Permanent Tenure for a Faculty Member under review,
he or she shall meet with the Faculty Member to
provide the Faculty Member with a copy of that
determination and its rationale, and to explain
the Faculty Member’s right of rebuttal. Within
ten Days after this meeting, the Faculty Member
may submit to the Provost and the dean his or
her written rebuttal to the dean’s determination.
Upon receipt of the Faculty Member’s rebuttal,
or at the end of ten Days after the dean meets
with the Faculty Member if the Faculty Member
does not submit a rebuttal, the dean shall submit
his or her determinations and rationales, together
with the recommendations and rationales of the
CRC and the DRC, the determinations and rationales
of the department chair, and the Faculty
Member’s rebuttal(s), if any, to the
Provost.
In
each case regarding reappointment, promotion, or
the conferral of Permanent Tenure, the Provost shall
consider the recommendations and rationales from
the DRC and the CRC, determinations and rationales
from the chair and the dean, and the Faculty Member’s
rebuttal(s), if any, before making his or her decision
or recommendation.
If
the Provost decides not to reappoint, promote,
or confer Permanent Tenure on a Faculty Member,
he or she shall, by written statement, notify
the Faculty Member under consideration of that
decision and its rationale. Such notice, when
concerning reappointment, or when concerning conferral
of Permanent Tenure in connection with a Mandatory
Review for reappointment, constitutes full and
timely notice of nonreappointment as required
in Section 3.2.
If
the Provost makes a positive recommendation to
confer Permanent Tenure, he or she shall submit
such recommendation to the Chancellor together
with the recommendations and rationales
from the DRC and the CRC, determinations and rationales
from the chair and the dean, and the Faculty Member’s
rebuttal(s), if any.
All
decisions of the Provost regarding reappointment
and promotion, as well as negative decisions regarding
the conferral of Permanent Tenure, are final and
cannot be appealed on the merits. A Faculty Member
who contends that the decision was based on Impermissible
Grounds or Material Procedural Irregularities at
any point in the review process may seek a hearing
on that contention in accordance with the procedures
in Section 7.
6.3.5
Chancellor’s Review
The Chancellor shall consider
recommendations from the Provost to confer Permanent
Tenure. If the Chancellor concurs in a recommendation
from the Provost to confer Permanent Tenure, the
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