06:02:00
ACADEMIC TENURE
Introduction
Tenure is awarded only by
positive action by the Board, pursuant to the requirements and procedures of
this policy, at
The quality of the faculty of
The following policy of
I.
Definitions
The following are general
definitions of words and terms used in this policy and are further defined in
the subsequent sections of this policy.
- Academic Tenure - a personnel status in an academic department
or academic program unit of Pellissippi State Technical Community College
pursuant to which the academic or fiscal year appointments of full-time
faculty who have been awarded tenure are continued at Pellissippi State
until expiration or relinquishment of that status, subject to termination
for adequate cause, for financial exigency, or for curricular reasons.
- Adequate Cause - a basis upon which a faculty member, either
with academic tenure, a tenure-track, term, or temporary appointment prior
to the end of the specified term of the appointment, may be dismissed or
terminated. The specific grounds
which constitute adequate cause are set forth herein.
- Financial Exigency - the formal declaration by the Tennessee Board
of Regents that Pellissippi State Technical Community College faces an
imminent financial crisis, that there is a current or projected lack of
sufficient funds (appropriated or non-appropriated) for the campus as a
whole to maintain current programs and activities at a level sufficient to
fulfill its educational goals and priorities, and that the budget can only
be balanced by extraordinary means that include termination of existing
and continuing academic and non-academic appointments.
- Faculty Member - a full-time employee who holds academic rank
as instructor, assistant professor, associate professor, or
professor. Further definition is in
TBR Policy 05:02:01:00 and PSTCC Policy 06:01:01.
- Probationary
Employment - a period of
full-time professional service by a faculty member for whom an appointment
letter denotes a tenure-track appointment in which he/she does not have
tenure and in which he/she is evaluated by the College for the purpose of
determining his/her satisfaction of the criteria for a recommendation for
tenure. Probationary employment
provides an opportunity for the individual to assess commitment to the
College and for the College to determine whether the individual meets its
perception of quality and/or projected need.
Note: Faculty appointments are
defined in Board and Pellissippi State Policy Faculty Appointments.
II.
Consideration for Tenure
A.
Tenure Appointments
1. No faculty member will be entitled to or acquire any
interest in a tenure appointment at Pellissippi State Technical Community
College without a recommendation for tenure by the President of the College and
an affirmative award of tenure by the Board of Regents. No other person will have any authority to
make any representation concerning tenure to any faculty member, and failure to
file timely notice of non-renewal of a contract will not result in the
acquisition of a tenure appointment, but will result in the right of the
faculty member to another year of service at the College, provided that no
tenure appeals remain outstanding due to lack of cooperation and/or appropriate
action on the part of the candidate in completing the appeal process.
2. Recommendations for or against tenure should originate
from the department or academic program unit in which the faculty member is
assigned and include appropriate participation in the recommendation by a peer
committee of tenured faculty. Peer
committees have qualified privilege of academic confidentiality against
disclosure of individual tenure votes unless there is evidence that casts doubt
upon the integrity of the peer committee.
This policy will be interpreted in a manner consistent with the
Tennessee Public Records Act, as recorded in T.C.A. Sections 10-7-503 and
504. The recommendation for tenure must
be made by the President to the Chancellor and by the Chancellor to the
Board. In the event that tenure is
awarded by the Board, the President will furnish to the faculty member written
confirmation of the award.
3. The President may request tenure upon appointment for
candidates with extraordinary credentials.
The exception should be requested to the chancellor when the faculty
member is employed.
B.
Minimum Eligibility Requirements
1. Academic tenure may only be awarded to regular
full-time faculty members who: (1) hold academic rank as instructor, assistant
professor, associate professor, or professor and meet the minimum rank criteria
for the rank held under the Board Policy No. 5:02:02:30 and Pellissippi State
Policy No. 06:03:00; (2) have been employed in a tenure-track appointment and
have completed not less than the minimum probationary period of service as
described in section C; and/or as agreed upon in writing and signed by the
President or his/her designee (3) have been determined by the College to meet
the criteria for recommendation for tenure and have been so recommended
pursuant to this policy.
2. Faculty members supported in whole or in part by funds
available to the College on a short-term basis, such as grants, contracts, or
foundation sponsored projects, may be eligible for tenure if continuing support
for such members can be clearly identified in the regular budget of the College
upon the recommendation of tenure to the Board.
3.
C.
Length of Probationary Employment
1. Faculty may be employed on annual tenure-track appointments
for a maximum probationary period that may not exceed six (6) years. A recommendation for tenure of a faculty
member may be made by the President of Pellissippi State Technical Community
College following a
probationary period of not less than five (5) years. Exceptions to the minimum probationary period may be made under special
circumstances upon recommendation by the President and approval by the
Chancellor. Upon approval of such an
exception by the Chancellor, the faculty member’s recommendation for
tenure will go forward to the Board as meeting the requirements for the
probationary period.
2. When a faculty member on a tenure-track appointment
completes the fifth year of the probationary period, or is granted an exception
in the length of the probationary period as noted above, the faculty member is
notified by the Vice President of Learning during the spring semester of their
eligibility to apply for tenure during the following academic year. Tenure eligible faculty may only apply for
tenure one time, and the faculty member must apply for tenure consideration during
the official tenure procedure in the academic year immediately following
notification. At the conclusion of the
tenure process, the faculty member will either be recommended for tenure by the
President, or will be given notice of non-renewal of the appointment following
the sixth year of service. Such notice
of non-renewal should be given not later than the final day of the fifth
academic year. The faculty member's
right in an instance where timely notice is not given is described in A1.
D.
Calculating the Probationary Period
Only
full-time continuous service at a College will be included in determining
completion of the probationary period, unless a break in service is
approved. Employment during summer terms
and in part-time positions will not be credited toward satisfying the
probationary period.
1. Credit for Prior Service
a.
Credit toward completion of the probationary period may, at the
discretion of the President, be given for a maximum of three (3) years of
previous full-time service at other colleges, universities, or institutes,
provided that the prior service is relevant to Pellissippi State Technical
Community College's own needs and criteria.
Any credit for prior service which is recognized and agreed to must be
confirmed in writing at the time of the initial appointment.
b.
Credit toward completion of the probationary period may, at the
discretion of the President, be given for a maximum of three (3) years of
previous full-time service in a temporary or term faculty appointment at
c.
Tenure-track faculty who begin in January may be awarded one year of
academic credit toward tenure.
2. Leave of Absence. The period of approved leave of absence will
be excluded from the required probationary period. A faculty member may apply for a maximum of
two, non-consecutive one-year leave increments.
Exceptions may be granted by the President in writing prior to the leave
of absence. Exceptions may include:
a.
crediting the leave periods to the probationary period and/or
b.
granting more than two, non-consecutive one-year increments
with approval of the Chancellor.
3. Stopping the Tenure Clock. A faculty member may request to “stop
the tenure clock” during his/her probationary period when circumstances
exist that interrupt the faculty member’s normal progress toward
qualifying for tenure. In such cases,
the faculty member may request to “stop the clock” for one year if
he/she demonstrates circumstances reasonably warrant the interruption. Reasons will typically be related to a
personal or family situation requiring attention and commitment that consumes
the time and energy normally addressed to faculty duties and professional
development. Examples may include
childbirth or adoption, care of dependents, medical conditions or obligations,
physical disasters or disruptions, military deployment, or similar circumstances.
4. Administrative Appointment. A faculty member appointed to an
administrative position may remain eligible for tenure consideration. The faculty member must:
a.
Qualify for tenure under the College’s guidelines.
b.
Maintain a significant involvement in academic pursuits including
teaching, service/outreach, and scholarship/creative activities/research. The time or a prorated portion of the time
spent in the administrative position may be credited toward completion of the
probationary period.
5. Transfer to Another Department or Unit. When
a faculty member is serving a probationary period in a department or academic
program unit and is subsequently transferred to another academic unit or
program the faculty member may -- with the approval of the President -- elect
to begin a new probationary period on the date the transfer occurs. If he/she does not so elect (and confirm in
writing to the President), time spent in the first appointment will count
toward establishing the minimum and maximum probationary period [see C(1) above)].
III.
Criteria to be Considered in Tenure Recommendations
The
nature and relative importance of the criteria for the recommendation for
tenure is related to the nature, mission, and goals of
Use of Faculty and Student
Evaluations for Tenure Considerations:
- Instruction
1. For the year of tenure
consideration and two previous years, the faculty member will have demonstrated
successful teaching or, in the case of non-teaching faculty expertise
commensurate with job responsibility. A
demonstration of successful teaching experience will include student
evaluations of faculty during the entire probationary period.
2. The candidate will be evaluated
during the year of tenure eligibility by a faculty committee consisting of
tenured faculty.
3. For the year of tenure
consideration and two previous years, the faculty member will have made on an
annual basis a significant contribution in at least one instructional area.
- For the year of tenure consideration and two previous years, the
faculty member will have made on an annual basis a significant
contribution in at least one service area.
- For the year of tenure consideration and two previous years, the
faculty member will have made on an annual basis a significant
contribution in at least one professional development area.
- Potential areas for significant contributions are stated as
criteria in the categories listed in the Faculty Evaluation Form. The lists are not inclusive. Other possibilities should be discussed
with the Academic Department Dean and/or supervisor. All contributions must be documented.
The faculty member must develop a packet
that includes their formal annual Academic Department Dean evaluations in
combination with relevant supporting documentation for the year of tenure
consideration and the two (2) previous academic years. This packet will comprise the major input and
documentation for tenure consideration.
It will be reviewed and assessed by all levels involved in the
decision-making process as outlined in this policy. Supporting documentation for categories A, B,
and C, listed below, should be included in distinctly indicated appendices at
the back of the candidate packet.
Guidelines on appropriate documentation may be found in Attachment I.
- Teaching. Effective teaching is an
essential qualification for tenure, and tenure will be granted only with
clear, and documented evidence of the candidate’s teaching ability
and potential for continued development.
Each of the items listed below must be submitted as evidence of
effective teaching and be included in the candidate’s packet.
1. Evidence of ability to
organize and present subject matter in a logical and meaningful way.
2. Evidence of ability to
motivate and stimulate creativity in students.
3. Statement of teaching
philosophy.
4. Course materials (i.e., course syllabi, handouts,
exams/evaluation instruments, instructional materials).
5. Results of student evaluations
for every course evaluated during the probationary period.
Additional types of documentation may also include:
1. Open-ended or other student
input.
2. Student products.
3. Teaching
recognitions/awards.
4. Evidence of professional
development in teaching.
5. Evidence of disciplinary or
interdisciplinary program or curricular development.
6. Alumni surveys.
7. Student exit interviews.
8. Evidence of supervision of
student projects and other forms of student mentorship.
9. Other evidence of excellence
in teaching or mentoring, or both.
A. Service/Outreach. Service and/or outreach encompasses
the faculty member’s activities in College service, outreach or public
service, and professional service.
Evidence of performance in one or more of the following activities
should be submitted.
1. College
service refers
to activities other than teaching and scholarship performed at the department
or college level. It is expected of
every faculty member. College service
includes, but is not limited to, serving on departmental committees, advising
students, and participating in College activities and on College
committees. More extensive citizenship
functions such as membership on a specially appointed task force, serving as
advisor to a college-wide student organization, and membership on a College
search committee should be taken into account in consideration for tenure.
2. The outreach or public service function is the College’s
outreach to the community and society at large, with major emphasis on the
application of knowledge for the solution of problems with which society is
confronted. Outreach primarily involves
sharing professional expertise and should directly support the goals and
mission of the College. A vital
component of the College’s mission, public service must be performed at the
same high levels of quality that characterize the teaching and research
programs.
3. Professional
service refers
to the work done for organizations related to the faculty member’s
discipline or to the teaching profession generally. Service to the profession includes activities
such as service on statewide or TBR committees, guest lecturing on other
campuses and other appropriate activities.
B. Scholarship/Creative
Activities/Research.
Candidates for tenure must present documented evidence of their
scholarship,
creative activities, and/or research.
Such
evidence should cite typical professional development activities such as
presentations at a professional meeting, journal editorship, article
and grant proposal review, performances, exhibitions, creative activities, as
well as completing books, journal articles or monographs, and other appropriate
activities.
1. The scholarship of teaching
is a valid measure of research capability.
It goes beyond doing a good job in the classroom; creative teachers
should organize, record, and document their efforts in such a way that their
colleagues may share their contributions to the art of teaching. Authoring appropriate textbooks or chapters
within a book, educational articles, making presentations, and utilization of
innovative contributions to teaching, constitute scholarship of teaching.
2. Performances, compositions,
and other artistic creations are examples of appropriate creative activities.
Documentation of such activities might include written reviews and
evaluations by qualified peers.
3. Publications in journals or
media of similar quality are considered indicators of professional and/or
scholarly activity.
4. Publications that are
reviewed by peers are more significant than those that are not subjected to
such rigorous examination. Quality is
much more important than quantity.
IV. Exceptions to Minimum Rank
Qualifications
The
minimum rank qualifications should be met in every recommendation regarding
appointment to academic rank and for promotion in academic rank.
V.
Tenure Guidelines and Procedures
- When a tenure-track employee is hired, that employee’s
Academic Department Dean/immediate supervisor assigns him/her a mentor who
is a senior member of the faculty (tenured with at least a rank of
assistant professor) to aid and assess that employee’s progress
toward tenure. Should for any
reason a mentor be unable or unwilling to serve, the Academic Department
Dean appoints another mentor at the earliest possible convenience.
- Preceding each annual evaluation of the tenure-track employee,
that employee’s mentor discusses with the Academic Department
Dean/immediate supervisor that employee’s progress toward tenure.
- The Academic Department Dean has a specific conversation about a tenure-track
employee’s progress toward tenure at each annual evaluation.
- During spring semester, the Vice President of Learning notifies
faculty members of their eligibility to apply for tenure the following
academic year.
- During the first week of classes of fall semester, candidates
notify their supervisor of their intent to apply for tenure.
- By their first fall semester meeting, the Faculty Senate has
reviewed the constituency of the peer group and selected the
Promotion/Tenure Committee (PTC) chair(s).
Each academic department and Library Services selects a
departmental representative to serve as a member of the PTC and the
Academic Department Dean forwards the name of the representative to the
PTC chair. PTC members may not be
candidates for promotion or tenure or members of the academic peer review
group they will monitor. Peer
groups for each of the academic areas and for Library Services are
composed of tenured faculty in the department or division. A faculty member must not have been
released from more than 50% of his/her teaching or departmental duties for
two (2) of the last three (3) years of a candidate's eligibility to be
eligible to participate in the peer review process. The president or PTC chair forwards the
final list of PTC members to the Vice President of Learning or his/her
designee.
- The Vice President of Learning or his/her designee meets with the
PTC chair(s) to discuss peer review group procedures and to establish the
tenure calendar. The calendar is
published by the office of the Vice President of Learning or his/her
designee and distributed to faculty members who are eligible to apply for
tenure. The PTC chair informs Academic
Department Deans and candidates for tenure of the guidelines for compiling
packets.
- Candidates compile tenure packets that address tenure criteria as
outlined in the faculty job description, and
according to guidelines provided by the Vice President of Learning and the
PTC. Candidates submit packets to
their supervisor who verifies that guidelines for contents and format have
been met and are documented. The
supervisor delivers packets to a central location on the date designated
by the PTC and the Vice President of Learning or his/her designee.
- The PTC assigns a member of the committee to monitor each peer
review group meeting. The monitor
may not be a member of the academic peer review group s/he will
monitor. The PTC peer review
representative (departmental representative) schedules a meeting time and
location for his/her peer review group meeting. The representative should ensure that
the PTC monitor assigned to conduct the meeting, the candidates for tenure
and as many of the faculty as possible in the peer group for tenure are
available to attend the meeting. The PTC chair notifies appropriate supervisors
of meeting arrangements. The PTC
makes tenure packets available to peer review groups in a central location
for a minimum of two weeks prior to the scheduled peer vote. PTC notifies faculty of peer review
group meeting times and locations and distributes a list of peer review
group members to all faculty.
Before attending the peer review group meeting, faculty who intend
to vote are required to read tenure packets and sign a roster to verify
their review. Absentee votes are
discouraged; however, absentee votes will be counted if a Request for
Leave form has been approved or a teaching schedule indicates a class
conflict. Written requests for absentee ballots are submitted to the chair
of the PTC (see Attachment III).
- During the peer review meeting, the monitor introduces the tenure
list to the peer review group.
Candidates under consideration for tenure must be in attendance to
answer any questions put forth by their respective peer group. Academic Department Deans are invited to
attend the peer review group meetings for the purpose of answering any
question that may arise that cannot be answered by anyone else in the peer
group. The Academic Department
Deans do not otherwise participate in the meeting or discussion. The applicant for tenure remains in
attendance to answer questions but must leave the room during the peer
discussion and vote on her/his candidacy.
Prior to the vote on each candidate, there is an opportunity for
discussion. The discussion must be
limited to items outlined in the job description and categories by which
faculty are evaluated. Peers then
vote by secret ballots which are collected and sealed by the PTC peer
review monitor. Vote results are not
announced to peer group faculty or to candidates.
In
the event that a tenure candidate is not in attendance for the peer review
meeting, the peer review group must agree via a simple majority vote, conducted
by the PT monitor, to one of the following two options. Options must be presented in the order
listed, and voting will continue until a simple majority is reached.
1. Vote to continue the
discussion on a candidate’s application and hold the subsequent peer vote
in their absence.
2. Vote to defer discussion and
subsequent vote and agree to reconvene the peer review with the absent candidate
in attendance at an alternate time. The
rescheduled peer review meeting must occur before the posted deadline for the
Academic Department Dean to submit written recommendations to the Vice
President of Learning.
- After the peer review
meeting, the monitor and PTC chair count the ballots and record results of
the peer group votes for tenure for each candidate on Forms A and B (see
Attachment II). In the case of a
tie vote, Form A will indicate that the vote was a tie. By the close of the working day
following the peer group meeting, the PTC chair delivers Forms A and B to
the supervisor and a copy of Form B to the Vice President of
Learning. The PTC chair delivers
all ballots to the Vice President of College Advancement to be held until
the tenure process is satisfactorily completed. By the end of the second working day
following the peer group meeting, the supervisor adds Form A to the
candidate's packet and orally informs the candidate of the recommendation
or non-recommendation of the peer review group. If the supervisor is a candidate for
tenure, the results of the vote are sent to the Vice President of
Learning. In the case of the
Library Services director, the results will also go to the Vice President
of Information Services. If
a candidate for tenure wishes to withdraw from tenure consideration at
this point in the process, she/he may do so. If the candidate elects to exercise this option,
it halts the tenure procedure at this phase of the tenure process, and
said candidate’s employment records will not reflect denial of
tenure. The candidate may not
however, reapply for tenure, and will be given notice of non-renewal of
their appointment following the sixth year of service. Such notice of non-renewal should be
given not later than the final day of the fifth academic year.
- The supervisor adds to each candidate's packet her/his statement
of recommendation or non-recommendation and forwards all tenure packets to
the Vice President of Learning. In
the case of those faculty assigned to Information Services, the director
of Library Services forwards all tenure packets with her/his statement of
recommendation or non-recommendation to the Vice President of Information
Services. The Vice President of Information
Services submits her/his written comments and recommendations and forwards
them with the tenure packets to the Vice President of Learning. If the Library Services peer recommendation
differs from that of the Vice President of Learning, the Vice President of
Learning will notify the Vice President of Information Services.
- The Vice President of Learning submits her/his written comments
and recommendations to the President.
If the recommendation is negative the Vice President of Learning
will also inform the candidate.
- The President recommends candidates for tenure to the Chancellor
and informs applicants. Candidates
may appeal the President's recommendation to the TBR Chancellor.
- The President provides a written report of the TBR's ruling to
candidates.
- After the Human Resources office has duplicated if necessary and
filed, the tenure packets, they are returned to the candidates.
- Extended leave taken by candidates may affect the time required
for eligibility for tenure.
XI.
Changes in Tenure and Tenure-track Status
- Non-renewal of Non-Tenured Faculty
1. When tenure-track
appointments of faculty will not be renewed for further service, the faculty
member will receive notice of his/her non-retention for the ensuing academic
year as follows:
a. Not later than April 1 of
the first academic year of service, if the appointment expires at the end of
that year; or, if the appointment terminates during an academic year, at least
two months prior to its termination.
b. Not later than January 1 of the
second year of service, if the appointment expires at the end of that year; or,
if the appointment terminates during an academic year, at least five months
prior to its termination.
c. Not later than the close of
the academic year preceding the third or subsequent year of service, if the
appointment expires at the end of that year; or, if the appointment terminates
during an academic year, at least twelve (12) months prior to its termination.
Notice
of non-renewal will be effective upon personal delivery of the notice to the
faculty member, or upon the date the notice is mailed, postage prepaid, to the
faculty member at his/her current home address of record at the College.
Applicable
dates for notice of non-renewal are based upon actual years of service at
2. Faculty members on
tenure-track appointments will not be terminated during the annual specified
term of the appointment except for reasons which would be sufficient for the
termination of tenured faculty.
3. The non-renewal or
non-reappointment of any faculty member on a tenure-track appointment does not
necessarily carry an implication that his/her work or conduct has been
unsatisfactory.
4. Unless there is a violation
of state or federal law under the limitations described in the Tennessee Board
of Regents (TBR) Policy on Appeals No. 1:02:11:00, decisions which are not
appealable to the Chancellor include 1) non-renewal of tenure-track faculty
appointment during the first five years of the probationary period and 2)
denial of tenure unaccompanied by notice of termination in the sixth year of
the probationary period.
- Transfer of Tenure
Where
a faculty member is tenured in an academic program unit he/she may be transferred
to another academic program unit. The
transfer is with tenure; moreover, the tenure appointment will be transferred
to the new academic program unit. In no
instance may the faculty member be compelled to relinquish tenure as a
condition for affecting the transfer.
When
a faculty member with tenure is appointed to an administrative position, he or
she will retain tenure in the former faculty position only; and provided
further that a faculty member otherwise eligible for tenure who also holds a
non-faculty position may be awarded tenure in the faculty position only,
subject to the requirements of this policy.
- Expiration of Tenure
Tenure
status will expire upon retirement of the faculty member. Tenure will also expire upon the event of permanent
physical or mental inability of a faculty member, as established by an
appropriate medical authority, to continue to perform his/her assigned duties.
- Relinquishment of Tenure
A
faculty member will relinquish or waive his/her right to tenure upon
resignation from the College, or upon failure to report for service at the
designated date of the beginning of any academic term, which will be deemed to
be a resignation unless, in the opinion of the President, the faculty member
has shown good cause for such failure to report.
- Termination of Tenure for Reasons of Financial Exigency
A
tenured faculty member may be terminated as a result of financial exigency at
the College subject to Board declaration that such financial conditions
exist. See TBR policy on Financial
Exigency Policy No. 5:02:06:00.
- Termination of Tenure for Curricular Reasons
The
employment of a tenured faculty member may be terminated because 1) a program
is deleted from the curriculum or 2) because of substantial and continued
reduction of student enrollment in a field or discipline.
Before
declaring that curricular reasons exist, the President will meet with the
Faculty Senate to identify the specific curricular reasons, evaluating the
long-term effect on the College's curriculum and its strategic planning goals,
and the advisability of initiating further action. Before initiating the process described
below, the President will present -- either verbally or in writing -- a
description of the curricular reasons that may warrant the termination of
tenured faculty member(s) to the Faculty Senate. Each of these reasons must
denote shifts in staffing needs that warrant greater reductions than those
which are accommodated annually in light of shifting positions from one
department to another or among colleges to handle changing enrollment patterns
(see Definitions, below).
The
Faculty Senate will have the opportunity to respond in writing within two weeks
to the President prior to the action described below being initiated.
1. Upon determining that
termination of one or more tenured faculty members is required for one (1) or
more of the reasons cited above, the President will furnish each faculty member
to be terminated a written statement of the reasons for the termination. Those reasons will address fully the
curricular circumstances that warranted the termination and will indicate the
manner and the information upon which the decision of which faculty members
were to be terminated was reached. The
President's written statement will also indicate that the faculty member has
the opportunity to respond in writing stating any objections to the decision.
2. If the faculty member(s) to
be terminated indicate objections to the President's written statement(s) and
request(s) a review, the President will appoint a faculty committee consisting
of a minimum of five (5) tenured faculty members from a slate of ten (10)
tenured faculty members prepared by the Faculty Senate. The committee will conduct a hearing on the proposed
termination(s). The committee will
report its findings and recommendations to the President, who will in a
reasonable time inform the faculty member(s) proposed for termination in
writing either that the decision for termination stands or that it has been
altered.
3. The President's decision to
terminate a tenured faculty member for curricular reasons is subject to appeal
to the Chancellor and the Board as provided in the policy on appeals to the
Board (TBR 1:02:11:00).
4. When a tenured faculty
member is terminated for curricular reasons, the position will not be filled by
a new appointee with the same areas of specialization as the terminated faculty
member within a period of three (3) years unless the terminated faculty member
has been offered, in writing, reappointment to the position at his/her previous
rank, tenure, and salary with the addition of an appropriate increase which in
the opinion of the President would constitute the raise that would have been
awarded during the period that he/ she was not employed.
5. Upon determining that termination
of one or more tenured faculty members is warranted for curricular reasons, the
President will base his/her decision about which faculty member(s) should be
terminated upon his/her assessment as to what action should least seriously
compromise the educational programs in a department or academic program unit.
Termination
for curricular reasons presumes a staffing pattern in a department or academic program
unit which cannot be warranted either by comparison with general load practices
within the College or by comparison with faculty loads in comparable
departments or academic program units
at similar colleges. In that light, the
President will also, at his/her discretion, base his/her decision on a careful
assessment of the impact of the curricular reasons on staffing requirements in
the department or academic program unit as compared to overall patterns in the
College and to comparable departments or academic program units.
Unless
the President demonstrates that an exception should be made to minimize
qualitative compromise of an educational program, the following considerations
will guide (but not be construed as mandatory) the President in determining the
order of faculty reductions in a department or academic program unit where
termination of tenured faculty is proposed for curricular reasons:
a. part-time faculty should not
be renewed before tenured faculty are terminated;
b. temporary faculty or
tenure-track faculty in the probationary period should not be renewed before
tenured faculty are terminated;
c. among tenured faculty, those
with higher rank should have priority over those with lower rank;
d. among tenured faculty with
comparable rank, those with appropriate higher academic degree(s) should have
priority over those with lower degrees, and
e. among tenured faculty with
comparable rank and comparable degrees, those with greater seniority in rank
should normally have priority over those with less seniority.
The
President will have the discretion to deviate from this policy if he/she can demonstrate
that the quality of the College's programs will be negatively impacted by
strict adherence to this seniority preference.
When
a tenured faculty member is to be terminated for curricular reasons, the
President will make every possible effort to relocate the tenured faculty
member in another existing vacant position for which he/she is qualified. In instances where in the opinion of the
President, relocation with the College is a viable alternative, the College has
an obligation to make significant effort to relocate the faculty member,
including the bearing of reasonable retraining costs. The final decision on relocation is within
the discretion of the President.
6. Definitions:
a. "Program is deleted
from the curriculum" means that the College takes formal action to
terminate a degree major, concentration, or other curricular component and that
such termination eliminates or reduces need for faculty qualified in that
discipline or area of specialization.
b. "Substantive and
continued reduction of student enrollment in a field" means that over a
period of at least three (3) years, student enrollment in a field has decreased
at a rate in considerable excess of that of the College as a whole and that
such reduction has resulted in faculty-student ratios that, in the opinion of
the President, cannot be warranted either by comparison with equivalent faculty
load practices within the College or by comparisons with faculty loads in
comparable departments or academic program
units at similar colleges which the President would deem to be appropriate for
comparison.
- Termination for Adequate Cause
A
faculty member with tenure or a faculty member on a tenure-track appointment or
temporary appointment prior to the end of the term of appointment may be
terminated for adequate cause, which includes the following:
1. Incompetence or dishonesty
in teaching or research.
2. Willful failure to perform
the duties and responsibilities for which the faculty
member was employed, or refusal or continued failure to comply with the policies of
the Board, the College or the department, or to carry out specific assignments,
when such policies or assignments are reasonable and non-discriminatory.
3. Conviction of a felony or a
crime involving moral turpitude.
4. Improper use of narcotics or
intoxicants, which substantially impairs the faculty member's fulfillment of
his/her departmental and College duties and responsibilities.
5. Capricious disregard of
accepted standards of professional conduct.
6. Falsification of information
on an employment application or other information concerning qualifications for
a position.
7. Failure to maintain the
level of professional excellence and ability demonstrated by other members of
the faculty in the department or academic program unit of the College.
8. Failure to complete the
requirements of the faculty development program.
- Procedures for Termination for Adequate Cause
Termination
of a faculty member with a tenure appointment or with a tenure-track or
temporary appointment prior to the annual specified term of the appointment
will be subject to the following procedures.
1. No termination will be
effective until steps 4 through 10 below have been completed.
2. Suspensions pending
termination will be governed by the following procedure.
a. A faculty member may not be suspended
pending completion of steps 4 through 10 unless it is determined by the College
that the faculty member's presence poses a danger to persons or property or a
threat of destruction to the academic or operational processes of the College. Reassignment of responsibilities is not
considered suspension; however, the faculty member must be reassigned
responsibilities for which he/she is qualified.
b. In any case of suspension,
the faculty member will be given an opportunity at the time of the decision or immediately
thereafter to contest the suspension; and, if there are disputed issues of fact
or cause and effect, the faculty member will be provided the opportunity for a
hearing on the suspension as soon as possible at which time the faculty member
may cross-examine his/her accuser, present witnesses on his/her behalf, and be
represented by an attorney. Thereafter,
whether the suspension is upheld or revoked, the matter will proceed pursuant
to these procedures.
3. Except for such simple
announcements as may be required concerning the time of proceedings and similar
matters, public statements and publicity about these proceedings by either the
faculty member or administrative officers will be avoided so far as possible
until the proceedings have been completed, including consideration by the
Board.
4. Upon a recommendation by the
Vice President of Learning to the President or upon a decision by the President
that these procedures should be undertaken in consideration of the termination
of a tenured faculty member, one or more appropriate administrators will meet
privately with the faculty member for purposes of attempting to reach a
mutually acceptable resolution of the problems giving rise to the proposed
termination proceedings.
5. If a mutual resolution is
not reached under step 4, the President will appoint a faculty committee
consisting of tenured faculty members, whose appointment should be, but are not
required to be, agreed to by the faculty member. The faculty committee will conduct an
informal inquiry of the facts giving rise to the proposed termination and seek
a mutually acceptable resolution. Should
no such resolution be reached, the committee will recommend to the President
whether in its opinion further proceedings should be taken in pursuit of the
termination. The recommendation will be
in writing and will be accompanied by reasons for the recommendation. The committee's recommendation will not be
binding on the President.
6. If no mutually acceptable
resolution is reached through step 5 and/or if after consideration of the
faculty committee's recommendation the President determines that further
proceedings are warranted to consider termination, the following steps will be
taken.
a. The faculty member will be
provided with a written statement of the specific charges alleged by the
College which constitute grounds for termination and a notice of hearing
specifying the time, date, and place of the hearing. The statement and notice must be provided at
least twenty (20) days prior to the date of the hearing. The faculty member will respond to the
charges in writing at least five (5) days prior to the hearing. The faculty member may waive the hearing by
execution of a written waiver.
b. A committee consisting of
members of faculty or faculty and administration will be appointed to hear the
case and to determine if adequate cause for termination exists according to the
procedure hereinafter described. The
committee will be appointed by the President and the Faculty Senate with each
appointing four (4) members. The
committee may not include any member of the faculty committee referred to in 5
above. Members deeming themselves
disqualified for bias or interest will remove themselves from the case, either
at the request of a party or on their own initiative. Members of the committee will not discuss the
case outside committee deliberations and will report any ex-parte communication
pertaining to the hearing to the committee chairman, who will notify all
parties of the communication.
7. The hearing committee will
elect a chairperson who will direct the proceedings and rule on procedural
matters, including the granting of reasonable extensions of time at the request
of any party and upon the showing of good cause for the extension.
8. The chairperson of the
hearing committee may in his/her discretion require a joint pre-hearing
conference with the parties that may be held in person or by a conference
telephone call. The purpose of the pre-hearing conference
should include but is not limited to one or more of the following:
a. notification as to procedure
for conduct of the hearing;
b. exchange of witness lists,
documentary evidence, and affidavits;
c. define and clarify issues;
d. effect stipulations of fact.
A
written memorandum of the pre-hearing conference should be prepared and provided
to each party.
9. A hearing will be conducted
by the hearing committee to determine whether adequate cause for termination of
the faculty member exists. The hearing
will be conducted according to the procedures below:
a. During the hearing, the
faculty member will be permitted to have an academic advisor present and may be
represented by legal counsel of his/her choice.
b. A verbatim record of the
hearing will be taken and a copy will be made available to the faculty member,
upon request, at the faculty member's expense.
c. The burden of proof that
adequate cause exists rests with the College and will be satisfied only by
clear and convincing evidence in the record considered as a whole.
d. The faculty member will be
afforded an opportunity to obtain necessary witnesses and documentary or other
evidence. The administration will
cooperate with the committee in securing witnesses and making available
documentary and other evidence.
e. The faculty member and the
administration will have the right to confront and cross-examine all
witnesses. Where the witnesses cannot or
will not appear, but the committee determines that the interests of justice
require admission of their statements, the committee will identify the
witnesses, disclose their statements, and if possible, provide for
interrogatories.
An
affidavit may be submitted in lieu of a personal appearance of a witness if the
party offering the affidavit has provided a copy to the opposing party at least
ten (10) days prior to the hearing and the opposing party has not objected to
the admission of the affidavit in writing within seven (7) days after delivery
of the affidavit or if the committee chairperson determines that the admission
of the affidavit is necessary to insure a just and fair decision.
f.
In a hearing on charges of incompetence, the testimony will include
that of qualified faculty members from the College or other institutions of
higher education.
g. The hearing committee will
not be bound by strict rules of legal evidence and may admit any evidence which
is of probative value in determining the issues involved. Every possible effort will be made to obtain
the most reliable evidence available.
h. The findings of fact and the
report will be based solely on hearing record.
i.
The President and the faculty member will be provided a copy of the
written committee report. The
committee's written report will specify findings of fact and will state whether
the committee has determined that adequate cause for termination exists and, if
so, the specific ground for termination found. In addition, the committee may
recommend action less than dismissal.
The report will also specify any applicable policy the committee
considered.
10. After consideration of the
committee's report and the record, the President may in his/her discretion
consult with the faculty member prior to reaching a final decision regarding
termination. Following his/her review,
the President will notify the faculty member of his/her decision, which, if
contrary to the committee's recommendation will be accompanied by a statement
of the reasons. If the faculty member is
terminated or suspended as a result of the President's decision, the faculty
member may appeal the President's action to the Chancellor pursuant to TBR Policy
No. 1:02:11:00. Review of the appeal
will be based upon the record of hearing.
If upon review of the record, the Chancellor notes objections regarding
the termination and/or its proceedings, the matter will be returned to the
President for reconsideration, taking into account the stated objections, and,
in the discretion of the President, the case may be returned to the hearing
committee for further proceedings.
Source:
Tennessee
Board of Regents, Policy No. 5:02:02:00
Tennessee Board of Regents, Policy No. 1:02:11:00
Tennessee Board of Regents, Policy No. 5:02:06:00
Approved: Executive Council, March 4, 1991
Executive Council, October 15, 1991
Executive Council, December 9, 1992
Executive Council, June 9, 1993
Executive Council, November 22, 1993
Editorial Changes, April 21, 1993,
Editorial Changes, July 8, 1994
Reviewed/Recommended: President's Council, March 6, 1995
Approved: Allen G. Edwards, President, March 6, 1995
Reviewed/Recommended: President's Council, May 1, 1995
Approved: Allen G. Edwards, President, May 1, 1995
Reviewed/Recommended: President's Council, September 25, 1995
Approved: President Allen G. Edwards, September 25, 1995
Reviewed/ Recommended: President's Council, November 27, 1995
Approved: President Allen G. Edwards, November 27, 1995
Reviewed/Recommended: President's Council, March 11, 1996
Approved: President Allen G. Edwards, March 14, 1996
Reviewed/Recommended: President's Council, April 29, 1996
Approved: President Allen G. Edwards, May 1, 1996
Received/Recommended: President's Council, October 21, 1996
Approved: President Allen G. Edwards, October 21, 1996
Approved: President Allen G. Edwards, November 12, 1997
Approved: President Allen G. Edwards, November 29, 2000
Editorial Changes, May 23, 2001
Approved: President Allen G. Edwards, December 21, 2001
Approved: President Allen G. Edwards, March 1, 2005
Editorial Changes, February 13, 2006
Reviewed/Recommended:
President’s Staff, October 30, 2006
Approved:
President Allen G. Edwards, October 30, 2006
Reviewed/Recommended President’s Staff,
March 26, 2007
Approved:
President Allen G. Edwards, March 26, 2007
Editorial
Changes, July 2008
Attachment I
PROMOTION/TENURE DOCUMENTATION GUIDELINES
Preparation of the Promotion Packet
Tabbed dividers
are helpful but should be easily visible upon opening the binder.
If sheet protectors are used, text pages may be inserted
back-to-back. Multi-page documentation
and bulky items may also be encased in a sheet protector. The packet should be placed in a three-ring
binder arranged by sections and subsections (clearly divided) in the order
listed below:
Academic Department Dean Verification form
signed by the candidate applying for promotion/tenure
Cover Sheet with the name of the candidate, type
of packet, and date of submission
Table of Contents
I. Vita
II. Teaching
III. Service/Outreach activities to the College,
community, and profession
IV. Scholarship/Creative activities/Research
V. Annual Academic Department Dean evaluation
forms with goals for the year of promotion/tenure consideration and the two (2)
previous academic years
VI. Appendices with documentation for
A. Teaching
B. Service/Outreach
C. Scholarship/Creative Activities/Research
Note: The lists below are suggestions
for what might be included in the promotion/tenure packet for
documentation. Other items are
acceptable. Do not include every test,
quiz, piece of student work, or thank you note.
A representative sample is sufficient.
A. Teaching: Examples of Documentation
|
Writing exercises |
|
Proposal request |
|
Course syllabi |
|
Lecture notes or lecture
outline |
|
Projects |
|
Lesson plan |
|
|
|
Homework
assignments/schedule |
|
Quizzes or exams |
|
Study guides |
|
Evaluation instruments |
|
Review sheets |
|
Library assignments |
|
Project
overview/description |
|
Handouts |
|
Student comments/feedback |
|
Rubrics |
|
Student poems |
|
Science experiments |
|
Student songs |
|
Research assignments |
|
Photos of student art
projects |
|
Lab activities |
|
Student journals/journal
entries |
|
Graphing assignments |
|
Videos |
|
Letters of commendation |
|
Sample of how information incorporated into
classroom |
|
Screen shot of Web course |
|
Student comments/feedback |
|
Artist’s statement |
|
Sample of student work |
|
Description/sample of topic |
|
Sample of assignment |
|
Written student evaluation
(CAT) |
|
Sample of revised element |
|
Student response (CAT) |
|
Personal mission statement |
|
Power Point slide print out
or PowerPoint outline |
|
Address significant events |
|
Expanded syllabus (teacher-specific with detailed
information) |
|
|