Chapter 3: Part I
ARTICLE I. Appointments, Reappointments, Resignations, Promotions, and Tenure* **
(Except for special faculty appointments, all appointments, all promotions and all tenure and tenure transfer recommendations require approval of the Board of Trustees before a notice of appointment, promotion, tenure award, or tenure transfer may be issued to a faculty candidate. Special faculty appointments may be made by an authorized administrative officer of the University.)
- The classification and terms of each faculty appointment shall be specified in a written appointment form delivered to the faculty member in advance of each academic year (or in advance of the effective date of the appointment). Initial appointments shall be described in detail in letter format. Regardless of when the appointment begins, every full-time tenured, tenure track and non-tenure track appointment term shall have an end date of June 30th. Part-time and special faculty appointments may have an end date appropriate for the appointment. The form shall be signed by an authorized administrative officer of the University (appropriate dean, the provost, the vice president for medical affairs, or the president) and shall include a section to be signed in acceptance by the appointee and returned.
- Acceptance or declination of appointment or resignation by the faculty member shall be made not later than April 15, or 30 days after delivery of the appointment form, whichever occurs later. Resignation shall become effective at the end of the faculty member's appointment term unless the University agrees to special conditions in advance and in writing. Should the University not receive notice of acceptance of appointment terms from the faculty member, it may terminate the appointment by giving notice to the faculty member any time after sixty days of the date of the delivery of the appointment form . Such notice of termination of the appointment is adequate if mailed to the faculty member's latest address on file with the University, return receipt requested.
- At the time of the initial appointment, the faculty member shall be provided with a general written description of 1) the criteria by which his or her performance will be judged and 2) the teaching, research and scholarship, and service required to maintain faculty status and for renewal of appointment, promotion, and/or tenure, as applicable.
- An appointment shall be classified as (i) initial, (ii) renewal, or (iii) continuing (for appointments with tenure or for appointments past the first year of several year terms).
- An appointment shall be classified as (i) full-time, or (ii) part-time. Eligibility for consideration for appointment or reappointment to the full-time faculty must include both of the following qualifications and is subject to approval by the dean: a. fifty percent or more time must be devoted to approved academic activities; and b. the academic activity must be conducted at an approved site. If fifty percent or more of compensation is paid through the University, the full-time faculty member is eligible for fringe benefits, except that a qualified faculty member earning any portion of compensation through the University is eligible to participate in the University's Faculty and Key Administrative Employees' Retirement Plan (Plan A), as specified in that Plan, and may be eligible for certain other benefits as provided in the benefit plan documents. Other categories of faculty may be eligible for certain benefits as specified in the Human Resources Policy Manual or benefit plan documents.
- An appointment shall be classified by academic title.
- An appointment shall be classified as (i) with tenure, (ii) without tenure but leading to tenure consideration (i.e. "tenure track"), (iii) without tenure and not leading to tenure consideration (i.e. "non-tenure track"), or (iv) special (including for example, "clinical," "research," "visiting," "adjunct," and other titles which may be determined in the by-laws of a constituent faculty). The letter defining each initial appointment which leads to tenure consideration shall specify clearly the academic year in which tenure consideration will become mandatory in accordance with Section I, G.
- If allowed under constituent faculty by-laws, a faculty member whose initial appointment was in the non-tenure track at the rank of assistant professor or higher may request transfer into the tenure track. Approval of transfer would require: (i) affirmative vote of the majority of the departmental faculty or where faculty organization is not departmental, majority vote of the appropriate committee of the constituent faculty; (ii) recommendation of the departmental chair (if school is organized into departments); (iii) recommendation of dean of the constituent faculty; and (iv) approval of the provost. Policies in each school may further restrict movement from one track to another. The provost's approval of such a transfer will be based on (i) evidence of demonstrated performance in research, teaching, and service and (ii) the department chair's and/or dean's assurance that the faculty member will be provided with opportunities to develop the components of faculty activity expected of tenure-track faculty. Faculty service at the rank of assistant professor or higher while on the non-tenure track will count as part of the pre-tenure period unless special exemption is made, and the provost will determine the pre-tenure period when a transfer is approved.
- In cases where an appointment applies to more than one constituent faculty or department or to an administrative office as well as an academic unit, the appointment may be identified either (1) as a primary-secondary appointment or (2) as a joint appointment. For a primary-secondary appointment arrangement, one constituent faculty or department shall be identified as that of the primary appointment and the other as secondary; and responsibility for the initiation of consideration of reappointment, promotion, tenure, or termination shall rest with the constituent faculty or department of primary appointment.
A joint appointment arrangement is intended to promote interdisciplinary research and education. Joint appointments may be made when a faculty member's expertise aligns significantly with the research and educational goals of more than one constituent faculty or department. Faculty members with joint appointments have full rights as a faculty member in the involved constituent faculties or departments. Faculty with joint appointments should attend faculty meetings in both constituent faculties or departments. The salary for faculty with joint appointments shall be agreed upon and stated in writing by the appointing constituent faculties or departments. The notice of appointment shall be issued jointly by the involved constituent faculties or departments.
Consideration of appointment, reappointment, promotion, and/or tenure of faculty with joint appointments shall follow the procedures outlined in this Faculty Handbook, except that:
- One constituent faculty or department, designated by the joint appointee by the time of the third-year review, will be responsible for preparing the required paperwork for reappointment, promotion, or tenure based on equal input from both constituent faculties or departments. Each constituent faculty or department is responsible for separately evaluating the materials once they are prepared.
- Any recommendation on appointment, reappointment, promotion, or tenure for joint appointees must proceed through both constituent faculties or departments, as applicable, in the usual course.
- Each department or constituent faculty will separately make a recommendation as to promotion and tenure for joint appointees. As with all promotion and tenure decisions, the ultimate responsibility for granting promotion and tenure resides with the president, with approval by the Board of Trustees. If tenure is granted across two schools, tenure will reside in both schools.
- Both departments/constituent faculties, where applicable, should strive to reach consensus on reappointments, performance evaluations, salary increases, and terminations of joint appointees. When such consensus is not reached between two departments of the same school, those departments shall individually submit their recommendations to the dean of that school for resolution. When such consensus is not reached between two constituent faculties, those faculties shall individually submit their recommendations to the provost for resolution.
- The joint appointee and the appropriate dean(s) shall agree at the time of the appointment as to the appropriate pre-tenure period applicable to the joint appointee, and that pre-tenure period shall be reflected in the notice of appointment.
- Duration of Appointment
- Appointments with tenure shall be of unlimited duration, up to retirement, subject only to termination for just cause as provided in I.E. 1-6 below.
- Tenure-track appointments without tenure shall normally be made for a term of one to five years. It is preferable that such appointments be for two or three years.
- Non-tenure track appointments shall normally be made for a term of one, two, or three years; however, the by-laws of constituent faculty may provide for other terms or for continuing appointments for longer periods.
- Special appointments shall be made for terms appropriate to the purposes for which the appointment is made.
- Annual salaries of full-time faculty members shall remunerate service for an academic year of approximately nine months or for a longer period. Each appointment form shall specify the period compensated and the amount of salary for which the University obligates itself. Faculty appointments may be made without obligation for compensation by the University.
- It is the policy of the University not to reduce the salary of a faculty member as a means of discipline. Subject to the terms of appointment in the case of special faculty, the annual salary of a faculty member or portion thereof for which Case Western Reserve University is obligated may be reduced without his or her consent only if financial exigent circumstances in the constituent faculty to which the faculty member is appointed necessitate reductions in the salaries of a majority of members of the same constituent faculty.
- In the event of financial exigent circumstances in the constituent faculty to which the faculty member is appointed, so severe as to necessitate reductions in faculty salaries or in the number of tenured faculty members, sound judgments concerning the academic programs and faculty members to be affected will require close faculty participation. Such decisions shall therefore be made by the president with the participation of the Faculty Senate, as specified in the "Constitution of the University Faculty."
- In individual cases, a faculty member or his or her department head (or other appropriate administrative officer) may propose a diminution in the faculty member's salary in expectation of correspondingly limited services. If agreement is reached, it shall be confirmed in writing.
- Fringe Benefits
A handbook or other document describing current university fringe benefits shall be noted to be available in each letter of initial appointment eligible for fringe benefits. Changes in fringe benefits shall be communicated to faculty members in a timely and appropriate manner. Generally, full-time University Faculty members are eligible for fringe benefits if fifty percent or more of compensation is paid through the University, except that a qualified faculty member earning any portion of compensation through the University is eligible to participate in the University's Faculty and Key Administrative Employees' Retirement Plan (Plan A), as specified in that Plan, and may be eligible for certain other benefits as provided in the benefit plan documents. Other categories of faculty may be eligible for certain benefits as specified in the Human Resources Policy Manual or the benefit plan documents.
- Special Responsibilities
If an appointment entails special responsibilities, these shall be described in each notice of appointment.
- Fundamental to the purposes of the University is the belief that progress in social and individual welfare is ultimately dependent on the maintenance of freedom in academic processes. Especially vital is the protection of expression which is critical toward conventional thought or established interests.
- Academic freedom is a right of all members of the University Faculty and applies to university activities including teaching and research. Specifically, each faculty member may consider in his or her classes any topic relevant to the subject matter of the course as defined by the appropriate educational unit. Each faculty member is entitled to full freedom of scholarly investigation and publication of his or her findings.
- Academic tenure is an essential component of the development and delivery of quality educational and research programs at the University. The basic purpose of tenure is to provide the assurance of academic freedom throughout the University. Another important purpose of tenure is to attract and retain outstanding faculty. Tenured faculty members are protected explicitly against dismissal or disciplinary action because their views are unpopular or contrary to the views of others. Their non-tenured colleagues derive protection by general extension of these principles of academic freedom.
- When awarded, academic tenure rests at the constituent faculty level rather than at the departmental level. The award of academic tenure to a faculty member is a career commitment which grants that faculty member the right to retain his or her appointment without term until retirement. The appointment of a tenured faculty member may be terminated only for just cause. In the event that a tenured faculty member's school, department, or other unit of the University in which the faculty member's primary appointment rests is closed or reduced in size, the University shall nevertheless make all reasonable attempts to provide a tenured faculty member with an appointment of unlimited duration until retirement.
- Examples of just cause for the termination of tenured, tenure track, and non-tenure track faculty members include (i) grave misconduct or serious neglect of academic or professional responsibilities, defined in Section IV, Professional Responsibilities, as determined through a fair hearing under Section IV.D; (ii) educational considerations, as determined by a majority vote of the entire constituent faculty of the affected individual, which lead to the closing of the academic unit of the University, or a part thereof, in which the faculty member has a primary appointment; and (iii) financial exigent circumstances which force the University to reduce the size of a constituent faculty of the University in which the faculty member has a primary appointment. Unless educational considerations also exist, a tenured faculty member may be terminated for financial exigent circumstances only after all faculty members who are not tenured in that constituent faculty have been terminated, in the order determined by the by-laws of the constituent faculty. Terminations of non-tenured faculty for financial exigency shall occur with at least twelve months notice or at the end of the current appointment term, whichever occurs earlier. In order for a tenured faculty member to be terminated prior to all non-tenured faculty members in that constituent faculty, a majority of the voting members of the constituent faculty in which the affected tenured faculty member has his or her primary appointment must determine that a financial exigency and educational considerations exist sufficient to justify that action. Under items (ii) or (iii), just cause would be presumed not to have existed if new faculty members were appointed to fulfill the functions of recently terminated faculty.
- The termination of tenured faculty is considered to be an extreme and extraordinary occurrence. Termination of tenured faculty shall not be made on the basis of short-term, cyclical changes in student enrollment and shall not be arbitrary, capricious, or punitive. The termination of tenured faculty or the closing of a department or school because of educational considerations must reflect long-range judgments that the educational mission of the constituent faculty or the institution as a whole will be jeopardized unless the proposed action is taken. Tenured faculty can be terminated because of financial exigency only after all reasonable attempts to resolve the difficulty have failed. Financial exigent circumstances must be factually established and demonstrably bona fide. If it is determined that a tenured faculty member's primary appointment in a particular constituent faculty shall be terminated for financial exigency or educational considerations, the University shall make all reasonable attempts, including providing retraining, to transfer the affected faculty member to another position consistent with the discipline of the affected faculty member in 1) another department within the constituent faculty, 2) another constituent faculty within the University, or 3) a position outside the University. Transfers to another position within the University shall be accomplished only after consultation with the dean and department chair (in constituent faculties with a department structure) of the unit to which the affected faculty member will be transferred.
- The Faculty Senate must review and report on the factual accuracy of a claim of financial exigency or educational considerations sufficient to lead to the termination of tenured faculty. If the termination of tenured faculty appointments is proposed, the university administration and the affected unit shall supply all information required for a full study of the need for the proposed action. If the proposal is to close a unit within a school or college, the faculty of the affected school or college shall have the initial responsibility for studying the need for the closure and for making recommendations. If the proposal is to close a school or college, the Faculty Senate shall have the initial responsibility for studying the need for closure and for making recommendations. The Faculty Senate shall appoint a committee to review the findings of the affected constituent faculty. This review committee shall include faculty representation from both the Budget and the Personnel Committees of the Faculty Senate. The review committee shall report in a timely fashion to the Faculty Senate Executive Committee which shall present the findings to the Faculty Senate. The recommendation of the Faculty Senate shall be forwarded to the president of the University for submission to the Board of Trustees.
- Tenured faculty members whose appointments are to be terminated pursuant to part (ii) or part (iii) of paragraph 3, above, shall receive a terminal appointment of no less than twelve months.
*approved by the Faculty Senate 10/25/12; approved by the Board of Trustees 12/11/12
- The qualifications for faculty appointment and reappointment include the following, as appropriate to the type of appointment:
- an expert knowledge of his or her academic field and a commitment to continuing development of this competence;
- a dedication to effective teaching;
- a commitment to a continuing program of research or other advanced creative activity, including production of art or artistic performance, or, where more appropriate to the particular academic context, professional service activities; and
- a willingness to assume a fair share of university administrative and service tasks.
- Faculty appointments with tenure or without tenure but leading to consideration for tenure should be based on evidence that the candidate can and will continue to satisfy all of the foregoing qualifications. Faculty appointments on the non-tenure track should be based on evidence that the candidate can and will continue to satisfy item (i) and two of items (ii), (iii), and (iv) of the foregoing qualifications. Special faculty appointments should be based on evidence that the candidate can and will continue to satisfy item (i) and one of items (ii), (iii), and (iv) of the foregoing qualifications.
- The criteria for each category of faculty appointment and for promotion and tenure shall be developed by the constituent faculties as appropriate for their individual disciplines, but all criteria are subject to approval of the provost. All criteria shall be described in the by-laws of the constituent faculty. In general, criteria for awarding tenure shall include, at a minimum, a documented national or international reputation for sustained scholarship, as appropriate to faculty rank and discipline.
- The by-laws of each constituent faculty shall include clear and comprehensive descriptions of the rights and obligations of each category of its faculty members (i.e. tenured, tenure track, non-tenure track, and special) and the accomplishments necessary for promotions and tenure. The by-laws shall further provide for an appropriate allocation of resources and time (taking into account rank and type of faculty appointment) for scholarly growth, academic achievement and professional development, and shall delineate the commitment of resources that accompany an award of tenure.
- It shall be the responsibility of each constituent faculty, or of each department within the constituent faculty that is organized into departments, to create and promulgate written procedures providing for an appropriate review of each member of the University Faculty (as defined in Article I, Section A, B, and C of the Constitution) within the constituent faculty or department. A copy of said procedures shall be provided to the Provost's Office. In the case of tenured, tenure track, and non-tenure track members of the University Faculty, the procedures shall provide for an annual review. The chair of the department shall be responsible for implementing the procedures. The chair or appropriate designee of the department shall provide a written summary of the evaluation to each faculty member. In those constituent faculties that do not have a department structure, it shall be the responsibility of the dean or appropriate designee to implement the procedures adopted by the constituent faculty and provide the written summary of the evaluation. For tenure track faculty, at the end of the third pretenure year, these evaluations shall be reviewed by an appropriate faculty committee of the constituent faculty, taking into account such additional performance data as have become available during the third year. If the by-laws of a constituent faculty provide for a nine-year pretenure period, a second general review is required at the end of the sixth year. All evaluations and reviews shall address each of the four criteria for promotion and tenure listed in Section I.F.1. The written summary of the evaluations shall be communicated to the faculty member, the chair, and to the dean of the constituent faculty.
- Reappointments and promotions should reflect the candidate's documented fulfillment of the qualifications specified in Section I.F.1. and I.F.2. and described in the by-laws of the constituent faculty pursuant to Section I.F.3. above and the growth of his or her corresponding contributions. It should be recognized that the creative and professional service accomplishments of the faculty may take many forms. Thus, the evaluation of a candidate's activities should be based on his or her academic competence, teaching effectiveness, and contributions to attainment of the particular academic objectives of his or her department or school and of the University as a whole.
- Tenure is awarded to a faculty member only when the University foresees for him or her a continuing fulfillment of the qualifications presented above. The granting of tenure requires affirmative action by the University, following careful review of the candidate's qualifications. The economic situation of the University and the margin of opportunities for renewal of faculties are also considerations pertinent to the awarding of tenure. Faculty on the tenure track should receive from the dean, or his or her designate, candid and timely information when factors other than those related to professional accomplishment may play a part in tenure consideration.
- Faculty members with appointments as university administrative officers shall be considered for promotion and tenure on the basis of performance in both capacities. For such faculty members, as for any others, the maintenance of academic competence and teaching effectiveness shall be vital criteria. The distinctive contributions of such candidates to administrative service, however, shall be considered in combination with their research or equivalent creative activities.
- The University encourages and values diverse views, thoughts, opinions, experiences, backgrounds, and cultures and strives to provide both the opportunity and a safe environment for diversity to be expressed. It is the policy of the University not to discriminate on the basis of race, religion, age, sex, color, disability, sexual orientation, gender identity, gender expression, national or ethnic origin, political affiliation, or status as a disabled veteran or other veteran or military servicemember protected under federal or state law and to judge faculty members based solely on legitimate intellectual and professional criteria.
- Within Case Western Reserve University the pretenure period may vary with particular academic circumstances among the constituent faculties, but provision for a period beyond six years shall require specific Faculty Senate approval.
- Each faculty member whose appointment leads to tenure consideration shall be considered for tenure in accordance with Section I, subsections I, J, and K no later than six to nine years after the date of initial appointment. The by-laws of the constituent faculty shall specify whether the maximum period is six, seven, eight, or nine years; and such period shall apply uniformly within that faculty. If after this period tenure has not been granted, reappointment may normally be made only for one additional year except where the provisions of Section I, H have been adopted.
- Service at other institutions at the rank of assistant professor or higher may be taken into consideration in establishing the length of a faculty member's pretenure period.
- Upon written notification by the care-giving parent or parents within one year after each live birth or after each adoption, an extension of one year of the pretenure period shall be granted by the provost.
- Subject to the limitation in Section I, G, 8 below, individual extensions of the pretenure period of up to three years may be made for exceptionally worthy candidates in the event of unusual constraints in the University, or part or parts thereof, which would prevent tenure award at the end of the normal period. No guarantee is implied, however, that tenure will ultimately be granted.
- Subject to the limitation in Section I, G, 8 below, individual extensions of the pretenure period may also be made for the purpose of compensating special earlier circumstances disadvantageous to a candidate's tenure consideration. Such circumstances may include, but are not limited to, serious illness, family emergency, responsibility as a primary care-giver, or extraordinary teaching or administrative assignments.
- Any extension under sections 5 and 6 above requires: (1) positive or negative recommendations by the tenured faculty or appropriate constituent faculty body at the department or equivalent level, the department chair (in constituent faculties organized into departments), and the dean; (2) approval by the provost; and (3) concurrence by the faculty member.
- Pretenure extensions may not be used to defer tenure consideration of a faculty member more than three years beyond the normal pretenure period except for provisions stated in Section I, G, 4. The normal pretenure period is determined by the by-laws of the constituent faculty body where the faculty member has his or her primary appointment.
- A faculty member whose tenure consideration has not produced tenure award during the pretenure period shall be offered a terminal appointment of one academic year beyond the academic year in which the decision not to grant tenure was made. This rule may be modified by the by-laws of particular constituent faculties to grant such faculty members renewable term appointments not leading to tenure consideration, provided that such appointments are contingent upon full financial support from non-university resources.
- Action concerning a faculty appointment, promotion, or tenure award shall be initiated by the recommendation of a department or, where faculty organization is not departmental, of an appropriate committee of the constituent faculty. (Particular constituent faculties may provide in their by-laws for initiation of a recommendation by an appropriate committee of the constituent faculty, in the absence of a departmental recommendation.) Special faculty appointments may be made by an authorized administrative officer of the University, in accordance with the by-laws of the affected constituent faculty
- Departmental recommendations shall be made by the chair (unless he or she is the candidate) after a vote by the eligible members of the department, including those on leave of absence. The chair shall convene a meeting for this purpose, for which notification shall be made sufficiently in advance to allow those unable to attend to vote by written absentee vote. On recommendations involving promotion, only faculty of rank equal to or superior to that being considered shall be eligible to vote. On recommendations involving tenure, only faculty with tenure shall vote. An affirmative recommendation shall require a majority of those eligible to vote. In the case of a constituent faculty that has no departmental structure, the dean and the members of the constituent faculty who meet the criteria specified above shall carry out the functions indicated.
- Affirmative recommendations for faculty appointments and all other recommendations from a department shall be communicated to the dean by the chair in a letter which records the numerical vote and reflects the deliberations of the department, pro and con. Before transmission, this letter shall be made available for inspection by resident faculty members who participated in the vote. If a faculty member believes the letter to express inadequately the deliberations, he or she may send independently to the dean a statement of such opinion, which shall be appended to the chair's letter for higher reviews.
- If initial consideration is by a constituent faculty committee, its recommendation shall be reported to the dean and at least those tenured members of the constituent faculty (including persons on leave of absence) of rank equal to or higher than that under consideration for the candidate. The recommendation of the latter faculty body shall then be established by vote at a meeting held by the dean for this purpose (with provision for written absentee votes, as in Section I, I, 2); an affirmative recommendation shall require a majority vote of those eligible to vote. All affirmative recommendations for faculty appointments and all other recommendations shall be communicated to the dean.
- A non-tenure-track faculty member seeking promotion, a tenured associate professor seeking promotion, or a tenure-track faculty member seeking tenure (with or without promotion) may initiate formal consideration of promotion and/or tenure at the departmental level by submitting a request in writing to the department chair or the dean in a school where there is not a departmental structure. Such self-initiations are entitled to full higher review only at 3-year intervals, as specified below in Section I, J, 1.
- Self-initiation after receipt of notice of non-renewal of appointment: If a faculty member who has received notice of non-renewal of his or her faculty appointment wishes to initiate formal consideration of his or her promotion and/or tenure, the request in writing to the department chair (or to the dean in a school where there is no departmental structure) must be made within four weeks of receipt of the notice of non-renewal. The requested review process shall begin within six weeks of the request within the academic year, and shall be carried out in accordance with Sections I, I, 1 and I, 2. Such requests shall have no effect on the terms of the original notice of non-renewal. A decision to award tenure, if approved by higher final review pursuant to Section I, J, 1, shall nullify the notice of non-renewal of appointment. A decision to grant promotion without award of tenure shall have no effect on the notice of non-renewal.
This procedure of self-initiation may not be used if the notice of non-renewal is the result of a denial of tenure after a mandatory tenure review.
- All information kept on file by a department or school which is pertinent to consideration of a faculty appointment, promotion, or tenure award shall be made accessible to those faculty members responsible for the recommendation.
- Following consideration of a faculty member for promotion or tenure by a department or constituent faculty, the candidate shall be informed promptly by the chair or dean of the department or constituent faculty of the recommendation established.
- The above procedure (paragraphs 1 though 7 of Section I, I) may be modified in the by-laws of the constituent faculties subject to the approval of the Faculty Senate, the president, and the Board of Trustees.
- The faculty in a particular field has a responsibility to render favorable or unfavorable judgments on the work of its colleagues in an objective manner. All recommendations from departments or constituent faculties regarding mandatory tenure review or regarding promotion, if initiated by the faculty member according to Section I, I, 5, and any affirmative recommendations for initial appointment, promotion, or tenure shall receive full higher review up to and including the president's. Self initiations are entitled to such full review no more frequently than every three (3) years. A tenure review is mandatory if
- a denial of tenure would result in a terminal appointment or
- the candidate has already received one denial of a tenure application which had received full higher review.
- In constituent faculties which offer an appointment track not leading to tenure consideration and allow tenure track faculty to move to the non-tenure track, a recommendation for transfer does not constitute a negative tenure recommendation and is not subject to higher review. A recommendation for transfer, however, does not preclude a faculty member from initiating, in a timely manner, a request for formal consideration of tenure pursuant to Section I, I, 5.
- The dean of a school or college has a responsibility to maintain uniformly high academic standards among the departments and balance among them. The dean responsible for the review of department or constituent faculty recommendations shall perform this duty in consultation with the appropriate standing committee of the constituent faculty.
- The president has a responsibility to maintain uniformly high academic standards among the schools and colleges and to preserve the general welfare of the University. In cases where the decision of the president is contrary to the recommendation of the originating faculty body, the president shall communicate the reasons for the contrary decision promptly to the dean. The dean then shall communicate the reasons promptly to the appropriate standing committee of the constituent faculty, the chair, and the candidate. In cases where the decision of the president is affirmative and the recommendation of the originating faculty body was not affirmative, a member of the originating faculty body representing the majority view is entitled to a meeting with the president before a recommendation is communicated to the Board of Trustees for final action.
(This provision shall not apply to special University Faculty appointments. Special appointments may be terminated in accordance with the terms of the appointment.)
- A decision not to reappoint a faculty member beyond his or her current appointment term shall be communicated to him or her in writing by the chair of the department, with copy sent to the dean of the constituent faculty (or by the dean in the case of a school without department structure) in accordance with the following schedule:
- If the faculty member will have continuously served the University for not more than one year at the end of the current appointment term, notice of the intention not to reappoint the faculty member beyond the current appointment term shall be given at least three months prior to the end of the current appointment term.
- If the faculty member will have continuously served the University for more than one year but not more than two years at the end of the current appointment term, notice of the intention not to reappoint the faculty member beyond the current appointment term shall be given at least six months prior to the end of the current appointment term.
- If the faculty member will have continuously served the University for more than two years at the end of the current appointment term, the faculty member shall be given a 12-month terminal appointment. The notice of the intention not to reappoint the faculty member beyond the 12-month terminal appointment shall be given prior to the start of the terminal appointment year. The terminal appointment may consist of the 12 months prior to the end date of the current appointment term.
- The notice of the intention not to reappoint a faculty member shall inform the faculty member of his or her right under Section I, I, 5 to request promotion and/or tenure consideration within four weeks of receipt of such notice, if such a right exists under Section I, I, 5.
- The notice of the intention not to reappoint a faculty member is adequate if delivered to the faculty member in person or if mailed to the faculty member's latest address on file with the University, return receipt requested, within the time specified in the foregoing schedule.
- Failure of the University, i.e. the department chair or the dean, to provide notice of the intention not to reappoint a faculty member according to the foregoing schedule shall entitle the faculty member to an additional one year reappointment.
- For purposes of this section, an academic year appointment shall be considered to expire on June 30.
- In addition to insufficient academic credentials or performance or grave misconduct or neglect of academic responsibility, the causes for which a term appointment may not be renewed are, among other considerations, changes in academic programs, financial constraints, and tenured/non-tenured faculty ratios.
- If requested by the faculty member, the University, i.e. the chair or the dean, shall provide written explanation for the non-renewal of a term appointment.
- An appointment may be terminated during the current term, without the notice set out in K, 1 above, for just cause, as set out in Section I, E, 3.