EAST CAROLINA UNIVERSITY
2005-2006 FACULTY SENATE
The eighth regular meeting of the 2005/2006
To avoid another called
meeting, the time of this meeting has been moved up to 12:30 p.m. Please make sure that if you, as Senator, are
unable to accommodate this earlier meeting time, your Alternate is present
until you can arrive. Chancellor Ballard has graciously agreed to provide boxed
lunches for the group.
We have been alerted that a
motion will be made at the start of the meeting to address unfinished business
first, Special Order of the Day at 2:00 and Report of Committees at 4:30.
FULL AGENDA
This is the last meeting of the year for the
2005/2006
Newly elected Faculty Senators and Alternates will
begin their service on Tuesday, April 25, 2006.
I. Call
to Order
II. Approval
of Minutes
March 21,
2006 and March
28, 2006
III. Special
Order of the Day
A. Roll Call
B. Announcements
C. Steve Ballard, Chancellor
D. Kevin
Seitz, Vice Chancellor for Administration and Finance
Report on University’s Master Plan
E. Catherine Rigsby, Chair of the Faculty
F. Brief Moment in History, Henry Ferrell
G. Written
Report on the Faculty Assembly Meeting of April 7, 2006.
H. Question Period
IV. Unfinished
Business
Faculty Governance Committee, Puri Martinez
Proposed
Revisions to the ECU Faculty Manual, Appendix
D. Tenure and Promotion Policies and Procedures (attachment 1).
Discussion
on proposed revisions to Appendix D will begin with the proposed amendment
(proposed by Professor Wilson, Sociology) as follows:
“Amend
Section IV.E.1. (2nd paragraph) to read: “A quorum is defined as
three quarters of the membership for a committee that has twenty or fewer
members; and a quorum is defined as two third of the membership for a committee
that has more than twenty members. A
list of all committee members who were absent during a vote on a personnel
action will be forwarded with the recommendation. The committee may develop
policies to designate certain absences as excused absences. Absences should be considered in annual
evaluations.”
(To aid in the discussion on this document,
please refer to line numbers when addressing issues during the Faculty Senate
meeting.)
A. Admission and Retention Policies Committee,
Larry Seese
Proposed
addition to the ECU Undergraduate Catalog, Section 4: Academic Advisement,
Progression, and Support (attachment 2).
B. Faculty Welfare Committee, Dawn Clark
Report from the 10th Street Safety Committee (attachment
3).
C. Libraries Committee, Marianna Walker
Review of both Joyner Library and
Laupus Library Operating
Budgets.
D. University
Curriculum Committee, Cheryl Estes
Curriculum matters contained in the minutes of the March
9, 2006,
and April
13, 2006, Committee Meetings.
Attachment 1.
FACULTY GOVERNANCE COMMITTEE REPORT
Proposed Revisions to the ECU Faculty Manual,
Appendix D. Tenure and Promotion Policies and
Procedures
The Faculty Governance
Committee proposes the following revisions to the Faculty Senate and have noted
them by additions in underlined print and deletions in strikethrough.
Proposed revisions pending final
approval from the UNC General Administration are noted by additions in bold
print and deletions in strikethrough.
TENURE AND PROMOTION POLICIES AND
PROCEDURES
OF
CONTENTS
I. Tenure
II. Faculty Appointments
A. General
Provisions
B. Fixed-Term
Appointments
C. Probationary
Appointments
III. Promotion
IV. Procedures for
Initiation, Review, and Approval of Appointments, Reappointments, Promotions,
and the Conferral of Permanent Tenure (A
description of "voting faculty" may be found here.)
A. Unit
Committees
B. Role of
Unit Administrator
C. External
Peer Review for Promotion and the Conferral of Permanent Tenure
D. Documentation
for Personnel Actions
E. Initiation
of Recommendations
F. Notification
of Recommendations
G. Procedure
for Concurring Recommendations
H. Procedure for Non-Concurring
Recommendations
H. Notification
of Recommendations
V. Procedure
for Appeal of Notice of Non-Reappointment or Non-Conferral of Permanent Tenure
A. Deadlines
for Appeals
B. Request
for Hearing with the Faculty Hearing Committee
C. Validation
of the Request for Hearing
D. Procedures
for the Hearing
E. Procedures
After the Hearing
VI. Due Process Before Discharge or Imposition of Serious
Sanction
A. Penalties
B. Notice
C. Penalty
Without Recourse
D. Specification
of Reasons and Hearing Request
E. Due
Process Committee
F. Procedures
for the Hearing
G. Procedures
After the Hearing
H. Appeal
I. Suspension
During a Period of Intent to Discharge
VII. Termination of Faculty Employment
A. Reasons
Justifying Termination and Consultation Required
B. Termination
Procedures
VIII. Effective Date
Tenure and Promotion
Policies and Procedures of
Prologue: Academic
Freedom
Academic freedom, the set of
norms and values that protects a faculty member's freedom of intellectual
expression and inquiry, is essential to the achievement of knowledge and
understanding.
With respect to personnel matters relating to
Appendix D of the East Carolina
University Faculty Manual, academic units are defined as departments
described in the codes of operation of professional colleges and schools, the
departments in the College of Arts and Sciences, professional colleges and
schools without departments, Academic Library Services, Health Sciences
Library, and any other units in which faculty appointments are made. In the
I. Tenure
Academic tenure serves to insure academic freedom by guarding faculty
members against negative consequences of expressing unpopular points of view.
Academic tenure refers to the conditions and guarantees that apply to a faculty
member's professional employment. Tenure
protects a faculty member against involuntary suspension or discharge from
employment or reduction in rank except upon specified grounds and in accordance
with the procedures provided in Section VI.; or against termination of
employment except as provided for in Section VII. During the term of such guarantees, the
faculty member may be discharged or suspended from employment or diminished in
rank only for reasons of incompetence, neglect of duty, misconduct of such a
nature as to indicate that the individual is unfit to continue as a member of
the faculty, or demonstrable, bona fide institutional financial exigency
or major curtailment or elimination of a teaching, research, or public service
program as detailed in Sections VII.A.1 and VII.A.2. (Faculty Senate Resolution #03-44, March
2004)
A. Tenure While Under Contract to
A
faculty member who does not have permanent tenure has the protection of tenure
until the expiration of the faculty member's employment contract.
B. Permanent Tenure
1. Permanent
tenure may be conferred only by action of the President and the Board of
Governors of the Board of Trustees of East
Carolina University, and is always held with reference to employment by
2. Conferral
of permanent tenure shall be based on the faculty member's demonstrated
professional competence in teaching, research and creative activity, and
service; a potential for future contributions; and the institution's needs and
resources. While teaching is the first consideration, neither teaching
nor research and creative activity nor patient care nor service is the sole
measure of a faculty member's competence and contribution, teaching is the
first consideration. Permanent tenure is independent of promotion but sound
academic practice supports the concept that an assistant professor eligible for
tenure should qualify for promotion to associate professor.
II. Faculty Appointments
A. General
Provisions
1. Categories
of Appointments
There
are three kinds of faculty appointments:
(a) Fixed‑Term
Appointments [cf. Special Faculty
Appointments, the UNC Code, 604C and ECU Faculty Manual, Appendix C.]. Fixed-term appointees do not hold
professorial ranks, but are appointed with titles such as lecturer
but are appointed with the following titles: visiting instructor, visiting
assistant professor, visiting associate professor, visiting professor, teaching
instructor, teaching assistant professor, teaching associate professor,
teaching professor, research instructor, research assistant professor, research
associate professor, research professor, clinical instructor, clinical
assistant professor, clinical associate professor, clinical professor, artist
in residence, writer in residence, adjunct instructor, adjunct assistant
professor, adjunct associate professor, and adjunct professor. visiting assistant professor,
visiting associate professor, or clinical professor. Fixed-term appointments are without permanent
tenure and do not entitle the faculty member to consideration for reappointment
or conferral of permanent tenure. No
obligation exists on the part of East Carolina University to give any notice
before a current fixed‑term appointment expires as to whether re-employment
will be offered for a succeeding term the contract will be renewed (except as specified in Section
II.B.1).
(b) Probationary
Appointments and Reappointments.
Probationary appointments are made at the professorial ranks of
instructor, assistant professor, associate professor, or professor. Probationary appointees are entitled to reappointment
reviews and, if reappointed throughout the probationary period, are entitled to
a tenure review. The timing of these
reviews is explained below.
(c) Appointments
with Permanent Tenure. Appointments with
permanent tenure are continuous until retirement, resignation, or removal
according to the provisions of Section VI or VII of this document. Appointments with permanent tenure may be
made at the professorial ranks of assistant professor, associate professor, or
professor.
2. Criteria for Initial Appointment and
Reappointment
All
appointments, including fixed-term appointments, and all reappointments of
candidates to probationary term positions
shall be based on assessments of candidates' demonstrated professional
competence, potential for future contributions, and the institution's needs and
resources.
3. Terms
and Conditions for Appointment and Reappointment
The
chancellor or the chancellor's designee[1] shall set out
in writing, with a copy to the faculty member, the terms and the conditions of
each appointment, including fixed-term appointments, and each reappointment.
The terms shall incorporate by reference appropriate sections of the Faculty Manual and shall state any
conditions placed on the appointment or reappointment.[2] The
responsibility for initiating the inclusion of special terms and conditions in
documents of appointment is with the unit administrator. Prior to initial
appointment the unit administrator shall provide a copy of the unit’s criteria
for evaluating faculty performance to persons offered a faculty appointment in
the unit. Criteria for evaluating faculty performance shall be discussed by
the unit administrator in a meeting with each probationary-term faculty member
at the beginning of academic year in which a reappointment or tenure decision
is made. A record of the discussion
Criteria for evaluating faculty performance shall be discussed by the
unit administrator in a meeting with each fixed-term and probationary-term
faculty member at the beginning of the first term of employment and at the
beginning of each academic year thereafter. A summary of this discussion
shall be placed in the faculty member’s personnel file. The
responsibility for calling this meeting is with the unit administrator.
Notice
of reappointment or non-reappointment to probationary-term persons shall be
written. The decision not to reappoint
probationary term faculty shall not be based upon (1) the faculty member's
exercise of rights guaranteed by either the First Amendment to the United
States Constitution or Article I of the North Carolina Constitution; (2)
discrimination based upon the faculty member's race, color, national origin,
religion, veteran’s status, gender, age, sexual orientation, political
affiliation, or disability; or (3) personal malice. (Faculty Senate Resolution
#03-37, March 2004)
4. Continued Availability of Special
Funding
The
appointment or reappointment 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 continuance of the faculty
member's services, whether for a specified term or for permanent tenure, shall
be contingent upon continuing availability of such funds. This contingency shall not be included in a
faculty member's contract if the faculty member held permanent tenure in the
institution on July 1, 1975, and the contract was not then contingent upon the
continuing availability of sources other than continuing state budget or
permanent trust funds.
5. Notice of Resignation
A
fixed-term or probationary-term faculty member should provide the unit
administrator with 90 days advance notice, in writing, of resignation from
employment. A permanently tenured
faculty member should provide the unit administrator with 120 days advance
notice in writing of resignation from employment. In no case should a
resignation occur in mid-semester.
B. Fixed‑Term Appointments [cf. Special
Faculty Appointments, The UNC Code, 604C]
These
special Fixed-term faculty
appointments are without permanent tenure and do not entitle the faculty member
to consideration for reappointment or conferral of permanent
tenure. No obligation exists on the part
of an appointment will be offered the contract will be renewed
for a succeeding term, except as specified below.
1. Contract and Notice
A
contract for a fixed‑term appointment shall set forth in writing the
beginning and ending dates of the term.
This specification of the length of the appointment constitutes full and
timely notice of non-reappointment when the term expires. Whenever possible multi-year contracts, of
up to five years, with eligibility for renewal, will be offered to fixed-term
faculty members who have demonstrated their effectiveness and contributions
and/or who have outstanding credentials.
The provisions of 604 A and 602(4) of The Code of The University of
North Carolina do not apply to these special faculty appointments. No obligation exists on the part of an
appointment will be offered a contract will be renewed for a
succeeding term. A second or subsequent appointment of a fixed-term faculty
member does not constitute a reappointment of the faculty member. Only
probationary-term faculty members are entitled to consideration for reappointment.
However, If the fixed-term faculty
member, not earlier than 180 calendar days nor later than 90 calendar days
before the current term expires, provides the unit administrator with a written
request for an appointment for the following academic year contract
renewal, the unit administrator shall so notify the chair of the unit
Personnel Committee. Within 30 calendar days of receiving the request the
Personnel Committee and the unit administrator shall notify the faculty member
in writing of their respective recommendations and that any recommendation is
subject to the availability of position, funding, administrative approval, and
continued effective performance. The unit administrator may but is not
required to respond to a written request for an appointment for the following
academic year that is received later than 90 calendar days before the current
term expires.
2. Fixed‑Term
Employment Evaluation Policy [cf.
Special Faculty Appointments, The UNC Code, 604C]
Any
faculty member employed in a fixed term position shall be evaluated annually in
accordance with the provisions of the employment contract. A fixed-term faculty member should submit
a portfolio to the Personnel Committee and the unit administrator prior to the
unit administrator and the Personnel Committee recommending contract renewal.
The portfolio should contain information that demonstrates the effectiveness of
the fixed-term faculty member in carrying out the duties specified in the
contract. The specific contents of the portfolio shall be determined by the
unit. However, a fixed-term
faculty member does not have to submit a Personnel Action fr to the Personnel
Committee and unit administrator prior to the Personnel Committee and unit
administrator recommending a second or subsequent fixed-term appointment.
3. Initial
recommendations for advancement in title for faculty holding fixed term
appointments is the responsibility of the unit Personnel Committee (see Section
IV, A.1.).
C. Probationary
Appointments
[Please refer to interpretations #I96-5
and #I96-4.]
Probationary
appointments are made at the professorial ranks of instructor, assistant
professor, associate professor, and professor. Persons appointed as instructors
shall not be considered for reappointment with permanent tenure until promoted
to a higher rank. Persons appointed as assistant professors, associate
professors, and professors are eligible for permanent tenure. In accordance with the UNC Code, 604A1, the
faculty member shall be notified not later than twelve months before the end of
the probationary period whether he or she will be recommended for permanent
tenure. A faculty member appointed to an
administrative position is eligible for permanent tenure only as a faculty
member in one of the professorial ranks.
There is no permanent tenure in an administrative position.
During
the second year of continuous service at
1. Probationary Terms
Although
the chancellor may recommend that a faculty member be granted permanent tenure
at any time, the normal probationary term for the professorial ranks, as
established at the time of initial appointment, shall be as follows:
(a) Instructor.
The rank of instructor is reserved for persons who lack the qualifications
for appointment as assistant professor.
Faculty members appointed as instructors are eligible for an initial
three-year appointment and one successive reappointment of two years. Instructors promoted to the rank of assistant
professor no later than the beginning of the fourth year of employment are
eligible for a final two-year probationary appointment in the higher rank. The maximum probationary term is seven years.
(b) Assistant
Professor. The maximum probationary
term is seven years, consisting of an initial three-year appointment and two
successive two-year appointments.
(c) Associate
Professor. The maximum probationary term
is five years, consisting of an initial three-year appointment followed by a
two-year appointment.
(d) Professor.
The probationary term is three years, consisting of one three-year
appointment.
All
time served in a probationary appointment at East Carolina University must be
continuous, excluding any leaves of absence as noted in Section II.C.3.
When
a faculty member in probationary appointment requests and is awarded promotion
in rank before the end of the probationary term, the original contractual
probabtionary term shall not be altered.
In
order to afford the maximum opportunity for tenure, the probationary term for
personnel hired at the professorial ranks, whose contract date occurs earlier
than the beginning of the Fall semester (or July 1 for faculty in the Health
Sciences and Academic Library Services), will be measured from the beginning of
the subsequent Fall semester (or July 1 for faculty in the Health Sciences and
Academic Library Services).
2. Reduction of the
Reduction
of the normal probationary term may be granted for previous full-time faculty
employment at the time of initial appointment as assistant professor, or
associate professor. The granting of
such reduction shall require the agreement of the appointee, a simple majority
of the unit Personnel Committee, the unit administrator, the dean, and the
appropriate vice chancellor. The maximum
reduction at each professorial rank shall be as follows:
(a) For a
candidate appointed at the rank of instructor, no reduction is allowed.
(b) For a
candidate appointed at the rank of assistant professor, a maximum reduction of
three years is allowed.
(c) For a
candidate appointed at the rank of associate professor , a maximum reduction of
two years is allowed.
(d) For a candidate appointed at the rank of
professor, no reduction is allowed.
3. Extensions of the Probationary Term
Leaves
from all employment obligations which are granted to probationary-term faculty
may include extension of the length of the probationary term. (Leaves of
absence normally should be for not more than two academic years or occur more
often than once in three years). Extensions of the probationary term should
be requested by the faculty member and shall be granted only in cases of
severe personal exigency, such as illness, childbirth, child care, or other
compelling personal circumstances, and shall be limited to a total of no more
than two years. Probationary term faculty who have received paid leave of at
least 15 weeks under the ECU Serious Illness and Disability Leave Policy shall
receive an extension of the probationary term if requested. Extensions of the probationary term must be
expressly stated in appointment or reappointment documents or added by a
written memorandum of amendment by the unit administrator during the term of an
appointment. The probationary term may be extended in increments of one or more
academic years: one year for leaves of one or two semesters, two years for
leaves of three or four semesters. All such extensions must be approved in
writing by the faculty member, the unit Personnel Committee, the unit
administrator, the dean, the appropriate vice chancellor, and the chancellor or
the chancellor's designee. A probationary-term faculty member who assumes a
full-time administrative position for one or more semesters may be granted
extensions of the length of the probationary term in the same way.
4. Progress Toward Tenure Letters
Each
Spring semester, the unit Tenure Committee and unit administrator will
review the annual report of each probationary term faculty member. On the basis
of this review, the unit
administrator, in consultation with the unit Personnel Tenure
Committee, will write a progress toward tenure letter to each probationary
term faculty member having a probationary appointment. In the event the unit Personnel Tenure
Committee and the unit administrator cannot agree on the contents of the
letter, the next higher administrator shall confer jointly with the Personnel
unit Tenure Committee and unit administrator, determine at his or her
discretion the content of the letter, and prepare the progress toward tenure
letter. Copies of the progress toward
tenure letter will be placed in the faculty member's personnel file, and a copy
will be sent to the unit Personnel Tenure Committee and to the
next higher administrative level. The unit administrator and a
representative of the unit Tenure Committee will discuss the progress
toward tenure letter with the faculty member.
In the event that the faculty member disagrees with the contents of the
progress toward tenure letter, it is the responsibility of the faculty member
to make this disagreement known in writing addressed to the unit
administrator for inclusion in the personnel file and the PAD. Copies of
this letter will be placed in the faculty member's personnel file, and a copy
will be sent to the unit Personnel Tenure Committee and to the
next higher administrative level. (See
Section IV.C.3.)
5. Request for Permanent Tenure Prior to the End
of the Probationary Term
During
the Spring semester of the academic year, a faculty member who has not completed the probationary term
(see Section II.C.1-3) and who requests in writing that consideration be given
to conferral of permanent tenure will
be
considered for permanent tenure during the Fall semester of the next academic
year.[3]
D. Initial Appointment with Permanent Tenure
A
faculty member whose initial appointment is to a professorial rank with
permanent tenure shall be regarded as having permanent tenure until retirement,
resignation, or removal according to the provisions of Sections VI or VII of
this document.
Joint
appointments are made when faculty members are appointed with responsibilities
in more than one unit. The source of
funds for joint appointments may come solely from one unit, or it may come separately
from two or more units to which the faculty member has a joint
appointment.
Faculty
members who hold joint appointments in more than one unit or center within East
Carolina University shall be assigned to a primary academic unit with a greater
than half-time appointment in the primary academic unit. The letter of appointment will specify the
terms of the appointment, will identify the primary academic unit and will
reference all units in which the faculty member holds joint appointments. A single appointment letter signed by all
supervising administrators is preferable, but in instances where a jointly
appointed faculty member has disparate duties in the various units, a separate
joint appointment letter may be issued by the administrators of the units in
which the faculty member holds joint appointments, provided that a copy of each
joint appointment letter is forwarded to the unit administrator(s) of the other
supervising unit(s).
Each
appointment letter issued by the primary and joint appointment units will
specify the faculty member’s responsibilities, performance expectations, and
compensation, if any, for that department and/or program. Annual, written evaluations of the faculty
member will be prepared by the unit administrator of the faculty member’s
primary academic unit, in consultation with the administrator(s) of the unit(s)
to which the faculty member is jointly appointed. If the administrators of the units to which
the faculty member is jointly appointed disagree on the annual evaluation, the
next higher administrator to the primary academic unit will arbitrate the
disagreement and will write the final annual faculty evaluation, if agreement
cannot be reached among all joint appointment units.
For
probationary faculty appointments and permanently tenured faculty appointments,
the policies and procedures of the primary academic unit shall be used for
reappointment, tenure, and promotion of the faculty member, as appropriate to
the appointment type. Annual progress
toward tenure letters for probationary faculty will be prepared by the unit
administrator of the primary academic unit, in consultation with the
administrator(s) of the unit(s) to which the faculty member is jointly
appointed, and in consultation with the Personnel Tenure
Committee of the primary academic unit.
If there is disagreement on the progress toward tenure letter, the next
higher administrator of the primary academic unit will confer with the Personnel
Tenure Committee of the primary academic unit and with the
administrators of the units to which the faculty member is jointly appointed,
determine at his or her discretion the content of the letter, and prepare the
progress toward tenure letter.
For
all faculty on joint appointments, annual salary increase recommendations will
be made on each funding source of the appointment according to the guidelines
of the units, the Office of the President General Administration, and
those of the University. If there is one source of funding, the administrators
of the separate portions of the appointment will consult and recommend
together. If there is disagreement, it will be appealed to the next higher
administrator of the primary academic unit.
All
faculty members who hold joint appointments are governed by the ECU Faculty
Manual, and all provisions of each faculty appointment must be consistent
with relevant sections of the ECU Faculty Manual.
(Faculty
Senate Resolution #02-05, October 2002)
Persons
holding the professorial rank of instructor, assistant professor, or associate
professor may be promoted to the next
professorial rank. Promotion shall be
based primarily on the faculty member's demonstrated professional competence
and achievement. See Appendix C, Personnel Policies and
Procedures for the Faculty of ECU. Promotion is governed by the policies
and procedures set forth in Section IV, below.
By the first week of March of every During the Spring semester
of the academic year, a faculty member who wishes to be considered who
requests in writing consideration for promotion to the next professorial
rank shall write a letter requesting a personnel action of promotion in rank
to her or his unit administrator. The
request for promotion shall be considered for promotion by the
appropriate unit committee during the Fall semester of the next academic
year.[4]
IV. Procedures for Initiation, Review, and Approval
of Appointments, Reappointments, Promotions, and the Conferral of Permanent
Tenure
Recommendations
for appointments, reappointments, promotion, and the conferral of permanent
tenure to faculty are the responsibility of unit committees and the unit
administrator. Evaluation of faculty for
appointment, reappointment, promotion, and the conferral of permanent tenure
shall be initiated by the appropriate unit committee on notice from the unit
administrator and higher administrative authority. The appropriate unit committee shall also
evaluate faculty for promotion and the early conferral of permanent tenure at
the request of the faculty member. Once
the evaluation has been completed, the committee's recommendation and the
recommendation of the unit administrator shall be forwarded to the next higher
administrator above the unit level for initiation of administrative review of
the recommendations. The pertinent
structures and processes are set forth in this section. The timeline for these processes is set
forth in Part XIII. of the ECU Faculty
Manual.
Confidentiality
must be maintained when conducting any substantive business pertaining to
initiation, review, conferral of permanent tenure, and approval of
appointments, reappointments, and promotions.
Email should be used with discretion because it does not guarantee
confidentiality. Formal correspondences
relating to any substantive business pertaining to initiation, review,
conferral of permanent tenure, and approval of appointments, reappointments,
and promotions should be maintained in paper form.
Description
of "voting faculty"
For the purposes of Section IV,
voting faculty members are determined by the permanently tenured faculty of the
unit using the following criteria; [Please refer to interpretations #I00-14.]
A voting
faculty member of a unit is someone who:
·
holds a
full-time faculty position with
·
holds regular
professorial rank (instructor, assistant professor, associate professor, or
professor), and
·
is either a probationary term (tenure track) faculty
member or a permanently tenured faculty member.
·
has at least one-half of the teaching/research duties normally assigned
in the unit, as determined by the permanently tenured faculty of
the unit using standards appropriate to their discipline.
·
is in at least the twelfth consecutive calendar month of appointment to
the faculty of the unit as either a probationary term (tenure track) faculty
member or a permanently tenured faculty member.
·
is not a unit administrator or an individual with one
half or more of his/her load assigned to administrative duties as determined by
the permanently tenured faculty in consultation with the unit administrator.
·
or normally meets
the above conditions and is on leave of absence from all university duties but
is in attendance at the meeting of the appropriate committee at the time of the
committee’s vote on a personnel action (reappointment, promotion, or tenure
recommendation). (Faculty Senate
Resolution #03-30 April 2003)
Related faculty within the same academic
department (or other comparable institutional subdivision of employment) shall
not participate, either individually or as a member of a committee, in the
evaluation of related persons for appointment, reappointment, promotion, the
conferral of permanent tenure, cumulative review, salary recommendations, or
any other personnel action. A faculty
member made ineligible for participation in the evaluation of a related person
does not count for quorum purposes and his/her ineligibility does not
constitute a recommendation against the proposed personnel action.
A. Unit
Committees[5]
1. Personnel
Committee [Please refer to interpretations
#I97-7,
#I01-16
and #I03-18.]
a. Function
The
Personnel Committee shall be responsible for making recommendations regarding
initial probationary appointments and initial and additional special fixed-term
appointments (for other functions of the Personnel Committee, see Section
IV.B.).
b. Composition
The
composition of each unit’s Personnel Committee shall be determined by the unit
but shall consist of at least three members. The membership of the committee
shall be composed of some or all of the permanently tenured and
probationary-term voting faculty members of the unit, including those who are
on leave but in attendance at the meeting at the time of the committee's vote,
but excluding the unit administrator. At least two thirds of the unit Personnel
Committee membership shall be permanently tenured voting faculty. When there
are not enough permanently tenured voting faculty members in the unit to
satisfy this requirement, additional permanently tenured faculty shall be
appointed according to the procedures in Section IV.A.1.b. above. All other
members of the unit Personnel Committee shall be elected by the permanently
tenured and probationary-term voting faculty of the unit. The chair of the
unit Personnel Committee shall be permanently tenured and shall be elected
annually by and from the committee's membership.
c. Additional
Roles of Unit Personnel Committee
In
addition to making recommendations to the unit administrator on initial and
additional fixed-term appointments and initial probationary-term appointments,
the unit Personnel Committee has the following responsibilities:
1. Notifying fixed-term faculty members that the
Personnel Committee will or will not recommend an additional fixed-term
appointment when the fixed-term faculty member requests notification not
earlier than 180 calendar days nor later than 90 calendar days before the
current term expires.
2. Reviewing requests for reduction in the normal
probationary term at the time of initial appointment (see Section II.C.2).
3. Reviewing requests for the extension of the normal
probationary term (see Section II.C.3).
4. Consulting with the unit administrator in the
preparation of the progress toward tenure letter (see Section II.C.4).
5. Consulting with faculty members who are considering requesting conferral of permanent tenure prior to the end of the probationary term (see Section II.C.5).
6. Consulting with faculty members who are
considering requesting promotion (see Section III.).
7. Producing a list of possible external
reviewers and selecting external peer reviewers from lists produced by the
Committee and by the candidate (see Section IV.E).
8. Selecting, with the unit administrator, the
research and creative activity materials to be sent to external peer reviewers
(see Section IV.E).
9. Reviewing additional materials
submitted by faculty members for inclusion in their personnel action dossier;
consulting with the unit administrator regarding responses to such materials
(see Section IV.f.2.).
10. The personnel committee may elect a search
committee of voting faculty to fulfill the responsibilities of soliciting and
screening applicants and recommending to the unit’s Personnel Committee
candidates for initial appointments.
11. Making
recommendations for advancement in title for fixed term faculty.
d. Role of the
Chair of the Unit Personnel Committee
The
chair of the unit Personnel Committee shall be permanently tenured and shall be
elected annually by and from the committee's membership. The chair shall preside over all
committees making personnel recommendations for the faculty, and may
participate in the decisions of any committee of which the chair is a member, except
as noted below. If the chair of the unit
Personnel Committee holds a professional rank lower than that to which a
faculty member requests promotion, the unit Personnel Committee chair shall not
be eligible to participate and shall only be responsible for calling the
meetings of such committees and facilitating the election of a chair of the
committee from among its membership. In such cases where the Chair of the unit
Personnel Committee is ineligible to participate, he/she shall not attend any
meetings of the committee except to facilitate the election of the chair as noted
above. The elected chair of the
committee shall obtain and distribute materials to be used during the
deliberation of such bodies, insure that a valid vote has been taken,
communicate the results of such votes to the appropriate faculty and to the
unit administrator, and perform other duties as designated by the unit. chair the Promotion Committee but
shall not have a vote on that committee. The chair shall be responsible for
calling the meetings of such committees, obtaining and distributing materials to
be used during deliberation of such bodies, insuring that a valid vote has been
taken, communicating the results of such votes to the appropriate faculty and
to the unit administrator, and performing other duties as designated by the
unit.
2. Promotion
Committee [Please refer to
interpretation #I97-8.]
a. Function
The
Promotion Committee shall be responsible for making recommendations for
promotions in rank and for recommending the ranks of initial appointments at
the associate professor or professor level.
b. Composition
The
membership of the Promotion Committee shall be composed of those permanently
tenured and probationary-term voting faculty members who hold rank at least
equal to the rank for which the candidate is being considered, including those
on leave but in attendance at the committee's meeting at the time of the
committee's vote, but excluding the unit administrator. The composition of the
committee shall thus vary with the rank to which a faculty member is being
considered for promotion. When a unit has fewer than three permanently tenured or probationary-term voting
faculty members of sufficient rank and not holding administrative status, the
next higher administrator above the unit shall appoint additional permanently
tenured and probationary-term faculty to increase the membership of the
committee to three, with at least two-thirds of the members being permanently
tenured faculty. These appointments to the
committee shall be from a list of candidates selected by a vote of the
permanent tenured and probationary-term faculty having rank at least equal to
the candidate(s) being considered for promotion. When a unit has fewer than three
permanently tenured voting faculty members of sufficient rank and not holding
administrative status, the next higher administrator above the unit level shall
appoint permanently tenured faculty at the required rank from other units
across the university to increase the committee's membership to three, with at
least two-thirds of the members being permanently tenured faculty. These
appointments to the committee must be from one list of candidates selected by a
vote of the permanently tenured and probationary-term faculty having rank at
least equal to the candidate(s) being considered for promotion. The list
forwarded to the next higher administrator by the faculty will contain at least
twice the number of faculty members required to complete the membership of the
committee. Before voting on the list to be forwarded to the next higher
administrator, the chair of the committee will ascertain that faculty members
nominated to have their names placed on the list are willing and able to serve
in this important capacity. The list of faculty names recommended to the next
higher administrator may not be returned for revision.
Meetings
of the promotion committee shall be convened by the Chair of the unit’s
Personnel Committee. The first order of
business for a newly convened Promotion Committee shall be to elect a Chair
from among its membership.
3. Tenure Committee
[Please refer to
interpretation #I97-7.]
a. Function
The
Tenure Committee shall be responsible for making recommendations for
reappointments of probationary-term faculty members, the granting of permanent tenure, and
conferral of tenure for initial appointments with permanent tenure. The unit administrator, in consultation
with the unit Tenure Committee (or properly constituted subcommittee), will
write a progress toward tenure letter to each probationary term faculty member
as described in Section II.C.4.
b. Composition
The
membership of the Tenure Committee shall be composed of the permanently tenured
voting faculty of the unit, including
those who are on leave but in attendance at the meeting at the time of the committee's vote, but
excluding the unit administrator. When a unit has fewer than three
permanently tenured voting faculty members not holding administrative status,
the next higher administrator above the unit level shall appoint permanently
tenured faculty from other units to increase the committee's membership to
three. These appointments to the
committee shall be from a list of candidates selected by a vote of the
permanently tenured and probationary-term faculty of the unit. When a unit has fewer than three
permanently tenured voting faculty members not holding administrative status,
the next higher administrator above the unit level shall appoint permanently
tenured faculty from other units to increase the committee's membership to
three. These appointments to the committee must be from one list of candidates
selected by a vote of the permanently tenured and probationary-term faculty of
the unit. The list forwarded to the next higher administrator by the
appropriate faculty will contain at least twice the number of faculty members
required to complete the membership of the committee. Before voting on the list to be forwarded to
the next higher administrator, the voting faculty will ascertain that faculty
members nominated to have their names placed on the list are willing and able
to serve in this important capacity. The
list of faculty names recommended to the next higher administrator may not be
returned for revision.
c. Additional roles of the unit Tenure Committee.
A
Code Unit may establish, in its Code of Operation, procedures for fulfilling
their additional roles; however, if the Code of a unit is silent in this
regard, it is hereby established that the entire membership of the unit Tenure
Committee will participate in these additional roles. In accordance with the unit code, if the
unit’s Tenure Committee has more than five members, the unit Tenure Committee
may elect a subcommittee of at least five members to participate in these
additional roles. The unit Tenure
Committee (or properly constituted subcommittee):
1.
Consults with
the unit administrator who writes a progress toward tenure letter to each probationary
term faculty member as described in Section II.C.4.
2.
Produces a
list of possible external reviewers and selects external peer reviewers from
lists produced by the Committee and by the candidate (see Section IV.E).
3.
Selects, with
the unit administrator, the research and creative activity materials to be sent
to external peer reviewers (see Section IV.E).
4.
Prepares a
cumulative evaluation of the candidate’s teaching, research, service, and any
other relevant duties at least two weeks prior to their vote.
B. Additional Roles of Unit Personnel Committee
In
addition to making recommendations to the unit administrator on initial and
additional fixed-term appointments and initial probationary-term appointments,
the unit Personnel Committee has the following responsibilities:
1. Notifying fixed-term faculty members that the
Personnel Committee will or will not recommend an additional fixed-term
appointment when the fixed-term faculty member requests notification not
earlier than 180 calendar days nor later than 90 calendar days before the
current term expires.
2. Reviewing requests for reduction in the normal
probationary term at the time of initial appointment (see Section II.C.2).
3. Reviewing requests for the extension of the normal
probationary term (see Section II.C.3).
4. Consulting with the unit administrator in the
preparation of the progress toward tenure letter (see Section II.C.4).
5. Consulting
with faculty members who are considering requesting conferral of permanent
tenure prior to the end of the probationary term (see Section II.C.5).
6. Consulting with faculty members who are considering
requesting promotion (see Section III.).
7. Producing a list of possible external reviewers and
selecting external peer reviewers from lists produced by the Committee and by
the candidate (see Section IV.E).
8. Selecting, with the unit administrator, the research
and creative activity materials to be sent to external peer reviewers (see
Section IV.E).
9. Reviewing materials submitted by faculty members for
inclusion in their personnel action dossier; consulting with the unit
administrator regarding responses to such materials (see Section IV.f.2.).
C. Role of the Chair of the Unit Personnel
Committee
The
chair of the unit Personnel Committee shall be permanently tenured and shall be
elected annually by and from the committee's membership. The chair shall preside over all committees
making personnel recommendations for the faculty, and may participate in the
decisions of any committee of which the chair is a member. If the chair of the unit Personnel Committee
holds a professional rank lower than that to which a faculty member requests
promotion, the unit Personnel Committee chair shall chair the Promotion
Committee but shall not have a vote on that committee. The chair shall be
responsible for calling the meetings of such committees, obtaining and
distributing materials to be used during deliberation of such bodies, insuring
that a valid vote has been taken, communicating the results of such votes to
the appropriate faculty and to the unit administrator, and performing other
duties as designated by the unit.
B. Role of Unit Administrator
The
unit administrator serves to provide leadership, support, and guidance to the
total functioning of the unit. As
indicated at the beginning of this section, the personnel recommendations of
the unit administrator shall be forwarded to the next higher administrator
along with the recommendation of the appropriate faculty committee.
The
unit administrator is responsible for maintaining the personnel files,
providing timely notification to the chair of the unit Personnel Committee on
all personnel actions required or expected, and distributing all personnel
documents and materials to the appropriate location. The unit administrator is jointly
responsible with the unit Personnel Tenure Committee for preparation of the
progress toward tenure letters. The
unit administrator, in consultation with the unit Personnel Tenure
Committee (or properly constituted subcommittee), will write a progress
toward tenure letter to each probationary term faculty member as described in
Section II.C.4. The unit administrator prepares a cumulative evaluation of the
candidate’s teaching, research, service, and any other relevant duties at least
two weeks prior to the unit Tenure Committee’s vote.
Unit
administrators are excluded from all unit committee discussions concerning
candidates for appointment, re-appointment, promotion, or permanent tenure, and
must be excluded from any meeting when such matters are considered. However at the invitation by a majority vote
of the membership of the Personnel Committee a unit administrator may meet with
the committee to discuss initial appointments.
Further, the administrator can meet with the Tenure Committee (or
properly constituted subcommittee) in reference to progress toward tenure
letters as noted in II.C.4.
In
personnel matters, the unit administrator functions as an administrator rather
than a faculty member. Consequently, the unit administrator does not have a
faculty vote in personnel matters.
C. External Peer Review for Promotion and the
Conferral of Permanent Tenure
“External peer review” means a review of a
candidate’s research and creative activity by persons who are not faculty or
employees of
In By the last week of March of the Spring
term prior to the academic year in which a promotion or tenure decision is
scheduled, the unit Personnel Tenure
Committee shall produce a list of possible external reviewers. The
candidate for promotion and/or permanent tenure shall provide a similar list,
noting for each name the professional relationship, if any, between the reviewer
and the candidate. The candidate shall
also provide similar relationship information for each name on the unit Personnel
Tenure Committee's list.
[Please refer to interpretation #I00-15.] These two lists must be independently
compiled and if the two lists contain a common set of prospective external
reviewers, the unit Personnel Tenure Committee list shall be revisited
and new possible external reviewers shall be identified as replacement for
those originally on both lists.
The
unit Personnel Tenure Committee
shall select a sufficient number of names from the unit Personnel Tenure Committee's list and the
candidate's list to insure a minimum of three external reviewers, two from the
unit Personnel Tenure Committee's
list and one from the candidate's list. Code
units that require more than three external reviewers shall make special
provisions in their unit codes. These
provisions must clearly indicate the number of external reviewers required by
the unit. In those cases where a unit
requires more than three reviewers, the choice of reviewers must reflect, as
nearly as possible, the two to one ratio of reviewers proposed by the unit
Tenure Committee to those proposed by the candidate.
The
unit administrator will notify the reviewers that they have been nominated to
conduct the review and will ascertain their willingness to serve as
reviewers. Selected material with a
cover letter prescribed by the appropriate vice chancellor shall be sent to the
reviewers. Correspondence with the
reviewers shall be written in neutral terms, serving to neither support nor
oppose the candidate and shall not deviate substantially from the prescribed
cover letter. Copies of the prescribed letters are available on the
Faculty Senate website at http://www.ecu.edu/cs-acad/fsonline/fg/facultygovernance.cfm.
Copies of all correspondence with the reviewers and the reviews shall be made a
part of the Personnel Action Dossier (hereinafter, "the dossier")
(see Section IV.F.2).
Only
the unit administrator will communicate with the external reviewers and only on
procedural matters for the duration of the personnel action.
The
unit administrator and the unit Personnel Tenure Committee shall select the
material from the dossier to be sent to external reviewers. The candidate may include additional
published or accepted material if he or she disagrees with the initial
selection. Inclusion of such additional
items in the materials sent to reviewers shall be noted by memorandum of the
unit administrator in the dossier and the candidate's personnel file.
Upon
receipt of a review, the unit administrator will place the original review in
the candidate's personnel file and copies of the review in the candidate's
dossier. The unit administrator shall
then notify the members of the appropriate committee and the candidate that the
review is available.
When
fewer than three external reviewers respond, this information, by memorandum
from the unit administrator, shall be made a part of the candidate's personnel
file and dossier.
D. Documentation for Personnel Actions
1. Employment
Applications
Information
on job applicants is to be kept in a file available to the appropriate
committee (see Section IV.A).
2. Personnel
Action Dossier for Reappointment, Promotion, and Permanent Tenure
The
Personnel Action Dossier is a file containing materials for evaluating a faculty
member's professional activity. The
dossier is compiled by candidates for reappointment, promotion, and/or
permanent tenure in consultation with the unit administrator and the chair of
the unit Personnel Committee. The
dossier will be used by the appropriate
committee
in making personnel recommendations. A fixed-term faculty member seeking to be
recommended for a second or subsequent fixed-term appointment need not compile
the dossier.
3. Disagreements as to inclusion or
removal of documents
The
dossier shall include the required documents and lists relevant to the faculty
member's teaching, research/creative activity, and service as described above.
If the faculty member disagrees with the unit administrator and/or the unit
personnel committee as to the inclusion of relevant documents, the documents
will be included and each may include a statement about the document in the
dossier.
For
details on organization, content and limitations of the dossier, see Part XII.
of the ECU Faculty Manual.
E. Initiation of Recommendations by Unit
Personnel, Tenure and Promotion Committees
[Please refer to
interpretation #I99-11.]
1. Procedural Rules for conducting committee
business
The unit
administrator shall give timely notice to the chair of the unit Personnel
Committee when personnel actions are to be initiated, and of the date by which
the committee's recommendation must be communicated to the unit
administrator. After being notified by
the unit administrator that a personnel action is required, the chair of the
unit Personnel Committee shall make at least three attempts at intervals of no
less than five working days each to hold a committee meeting of the
appropriate committee for the pending personnel action. In order to conduct business a committee
shall not meet without a quorum.
A
quorum is defined as two thirds of the membership for a committee that has
twenty or fewer members; and a quorum is defined as a majority (50% plus one)
of the membership for a committee that has more than twenty members.
The
purpose of this meeting is to hold a vote by secret ballot on the pending
personnel action. All materials pertaining to the pending personnel action (see
Section IV.D) must be available for inspection at least five business days
prior to the meeting. Members of the committee(s) having authority over the
pending personnel action shall review the materials individually in preparation
for discussion at the meeting. A faculty member on leave and not in
attendance at a meeting shall not be counted for the purposes of determining a
quorum for that meeting. A faculty
member on leave but in attendance at a meeting shall be counted for the
purposes of determining a quorum for that meeting. If the committee fails to
meet the unit administrator’s deadline for receipt of the committee’s
recommendation, this outcome shall count as a recommendation by the committee
against appointment, reappointment, promotion, or tenure. In such a case, the chair of the unit
Personnel Committee shall report in writing to the unit administrator that
after at least three attempts the committee has failed to meet due to a lack of
a quorum, and that this outcome constitutes a recommendation against
appointment, reappointment, promotion, or tenure. The unit administrator shall forward
the committee’s recommendation and the unit administrator’s recommendation to
the candidate and to the next higher administrator.
2. a. In the case of initial appointment
recommendations, each member of the unit Personnel Committee will indicate by
secret ballot his or her choice for the appointment. A candidate who receives a majority vote of
the committee members present shall be recommended for appointment. See Section IV.A.4. above.
b. Faculty recommendations for reappointment,
promotion, and conferral of permanent tenure shall come from the appropriate
committee (see Section IV.A). If the appropriate committee consists of
ten or more eligible voting members, The committee members may choose to vote by
mail according to the latest edition of Robert's
Rules of Order, Newly Revised.
Within ten fifteen working days of notification by the
unit administrator of the need to initiate a personnel action, the chair of the
unit Personnel Committee shall convene a meeting of the appropriate committee (see
Section IV.E.1). At this meeting, the chair of the unit Personnel Committee
shall to ascertain whether or not the committee will vote by
mail. If a motion to vote by mail is
approved by a majority of the committee members present and voting, voting
shall be by mail. If a committee chooses to vote by mail, all members must vote
by mail.
c. In the case of re-employment contract
renewal recommendations for faculty members holding fixed-term
appointments, each member of the unit Personnel Committee will indicate by
secret ballot his or her choice for or against recommending re-employment
contract renewal. This vote
may be taken at a committee meeting or by mail ballot as described in Section
IV.G E.2b. A vote for the recommendation by a majority of the
committee members present and shall constitute a recommendation for
reemployment. A member who is present
when a vote is taken but who does not vote counts as part of the membership of
the committee for the purposes of determining what constitutes a majority vote. Failure to obtain a majority vote
constitutes a recommendation against re-employment contract renewal.
(Faculty Senate Resolution #03-30,
April 2003)
d.
If a committee votes by mail, the ballots shall be sent by certified mail a method that provides delivery verification
and is consistent with UNC Policy 101.3.3 or distributed by the
committee chair. The refusal by a
committee member to receive the correspondence containing the ballot within
five business days of the first delivery attempt shall count as a vote against
appointmet, reappointment, promotion, or tenure. If ballots are distributed, the committee
chair shall assure that recipients acknowledge receipt in writing. The acknowledgment must include the date of
receipt. A ballot either shall be
returned by certified mail a
method that provides delivery verification and is consistent with UNC Policy
101.3.3 or shall be personally returned by hand to the committee
chair, at the discretion of the individual committee member. Committee members returning ballots by hand
shall sign a confirmation form that is retained by the committee chair. Ballots not returned within twenty working
days of certified verified receipt shall count as a vote against
recommending appointment, reappointment, promotion, or tenure. If a committee votes by mail, a faculty
member on leave may choose either to vote or not to vote, at his or her
discretion. The unit administrator shall
ascertain and shall inform the chair of the unit Personnel Committee in writing
as to whether or not a faculty member on leave will participate in a mail
ballot. If a faculty member on leave
chooses to participate in a mail ballot, the faculty member shall count in
determining what is required for a majority vote in favor of the
recommendation. If the faculty member on
leave chooses not to participate in a mail ballot, the faculty member shall not
count in determining what is required for a majority vote in favor of the
recommendation. (Faculty Senate Resolution #03-30, April
2003)
3. In the case
of reappointment, promotion, and conferral of permanent tenure, each member of the
appropriate committee will indicate by secret ballot his or her vote for or
against recommending that the candidate be reappointed, promoted, and/or
granted permanent tenure. This vote may be taken at a committee
meeting or by mail ballot as described in Section IV.G E.2d. A vote for the
recommendation by a majority of the committee members present (see
IV.A.1.b., IV.A.2.b. and IV.A.3.b.) , which includes those voting
faculty members on leave but in attendance at the meeting at the time of the
committee’s vote, shall constitute a recommendation for reappointment,
promotion, and/or conferral of permanent tenure. A member of a committee who is not present
when a vote is taken and who is not on leave at the time of the vote or who
is present when a vote is taken but who does not vote counts as part of the
membership of the committee for the purposes of determining what constitutes a
majority vote. of the membership of the committee. Failure to obtain a majority vote of the
entire membership of the appropriate committee shall constitute a
recommendation against reappointment, promotion, and/or the conferral of
permanent tenure. (Faculty
Senate Resolution #03-30, April 2003)
4. The
recommendation of the appropriate committee shall be communicated by the chair
of the unit Personnel Committee to the candidate
and the unit administrator (see IV.A.1.d.).
F. Notification
of Recommendations
The
faculty member shall be informed of all recommendations at every level,
beginning with the unit administrator's recommendation and continuing up to the
level where the final decision is made.
G. Procedure for Concurring Recommendations
In
the case of disagreement at any level refer to the procedures outlined in H.
below.
If
the recommendations of the appropriate committee and unit administrator agree,
the next higher administrator shall either concur or not concur, then notify
the unit administrator and the chair of the unit Personnel Committee of the
recommendation and forward all recommendations to the immediate supervisor. This procedure shall be repeated at each
administrative level until the recommendation reaches the appropriate vice
chancellor.
Immediately
after the completion of each level of administrative review, the
administrator's recommendation shall be communicated to all appropriate lower
administrators, the candidate, and the committee of the unit which made the
initial recommendation.
If
the vice chancellor concurs in a recommendation for promotion
and/or conferral of permanent tenure, he or she shall forward the
recommendation to the chancellor. The chancellor shall consider the
recommendation from the vice chancellor to promote and to confer permanent
tenure.
If the vice chancellor concurs in a decision not to recommend
reappointment, promotion, and/or conferral of permanent tenure, he or she shall
give the faculty member being considered a simple, written statement of the
decision. This decision is final except
as it may later be reviewed in accordance with the provisions of Section V or
the grievance procedure of Appendix Y.
If
the chancellor concurs in a recommendation to confer permanent tenure, he or
she shall submit the recommendation to the Board of Trustees for final
approval. If the chancellor concurs in a
recommendation for promotion, the chancellor’s approval shall be final. consult
with the Board of Trustees and, unless dissuaded, forward the recommendation to
the President and the Board of Governors for final approval. The chancellor shall submit all recommendations
for faculty promotions to the Board of Trustees for final approval unless that
Board delegates to the chancellor the authority to give final approval.
If
the chancellor decides not to recommend promotion or the conferral of permanent
tenure, the chancellor shall give the faculty member being considered a simple,
written statement of the decision. This
decision is final except as it may be reviewed in accordance with the
provisions of Section V or the grievance procedure of Appendix Y.
H. Procedure for Nonconcurring Recommendations
[Please refer to
interpretation #I99-12.]
If
the recommendations of an from
the unit administrator and the appropriate committee disagree, that
administrator shall the unit
administrator's immediate supervisor shall seek resolution of the disagreement
discuss the potential nonconcurrence at the unit committee level before
forwarding the committee’s recommendation and his or her concurrence or
nonconcurrence to the next higher administrator. If the unit administrator and the appropriate
committee do not agree, their conflicting recommendations shall be forwarded
through each administrative level, together with the recommendation of the
administrator at each level, until they reach the appropriate vice
chancellor. In the case of fixed term
employment recommendations the decision of the appropriate vice chancellor is
final. The All other
personnel actions shall then be handled in accordance with the
procedures provided in Section IV.G. Procedures for Concurring
Recommendations.
J. Procedures
for Nonconcurrence of a Tenure or Promotion Recommendation by Vote of the Appropriate
Faculty Committee
In
the event that the vice chancellor is considering a recommendation that
is contrary to the vote of the appropriate unit committee, the vice chancellor
shall meet with the committee to discuss the potential nonconcurrence recommendation. If the vice chancellor concurs with the
committee vote but the chancellor is considering a recommendation that
is contrary to the vote, the chancellor shall meet with the committee to
discuss the chancellor's potential nonconcurrence recommendation.
If
the chancellor decides not to recommend promotion or the conferral of permanent
tenure, the chancellor shall give the faculty member being considered a simple,
written statement of the decision. This
decision is final except as it may be reviewed in accordance with the
provisions of Section V or the grievance procedure of Appendix Y.
V. Procedure for Appeal of Notice of Non-Reappointment or
Non-Conferral of Permanent Tenure
Failure to submit the appeals documents specified in this section within
the time periods allotted constitutes a waiver of the right to appeal the
decision. However, before the expiration of the deadline the faculty member may
request an extension, provided that the request is made in writing and
presented to the individual or committee who is next to consider the appeal. Within
10 working days of receiving a request for extension, decisions on requests
for extension of time shall be made by the individual or committee who is next
to consider the appeal.
B. Request
for Hearing with the Faculty Hearing Committee
Within 25 working days of receiving written notice from the vice
chancellor or chancellor of non-reappointment or non-conferral of permanent
tenure, a faculty member (hereinafter, the complainant) may request a hearing
before the Faculty Hearing Committee.
1. The Hearing Committee
The Hearing Committee shall be composed of five members and five
alternates each of whom is a full-time, permanently tenured voting faculty
member without administrative appointment.
Members shall be elected in accordance with the procedures for election
of appellate committees specified in the Bylaws of the East Carolina University
Faculty Senate. Members and alternates shall be elected to three-year terms. A
quorum for the committee shall be the five members or their alternates.
Upon organization, the members of the Hearing Committee shall elect a
chair and a secretary. The chair and the secretary of the The members of the committee are to be
appropriately trained in accordance with guidelines and procedures jointly
established by the faculty officers and chancellor. Should any
committee officer be absent at the beginning of a hearing, the committee shall
elect an alternate officer for the purposes of the hearing. (Faculty
Senate Resolution #03-49, pending final approval)
When the committee is convened to consider any matter associated with a
complainant's request for a hearing, those committee members who hold an
appointment in the complainant's academic unit, those who might reasonably
expect to be called as witnesses, those who might reasonably expect to be asked
to serve as advisors (see Section V.D.2, Conduct of the Hearing) to any
party of the request for a hearing, or those who may have any other
conflict of interest should disqualify themselves from participation in the
activities of the committee related to this specific request for a
hearing. The complainant and those
individuals or groups who are alleged to be responsible for the action or
actions described by the complainant in the request for the hearing
(hereinafter, the respondents) are permitted to challenge committee members for
cause. The other members of the
committee will decide on any potential disqualifications if a committee member
is so challenged but wishes to remain.
When, between elections, membership of the committee falls below the
specified five members and five alternates, the chair of the faculty, in
consultation with the Committee on Committees, shall appoint members to the
committee. Vacancies on the committee
will be filled by first moving alternates to members and by making appointments
as alternates.
Upon receipt of a request for a hearing, the chair of the committee shall
determine the availability of the elected members and alternates, and shall
select from those available one or more alternates, as necessary. The ranking of the available alternates for
selection shall be determined by their years of service to the University. That available alternate who is most highly
ranked shall attend all sessions of the hearing and shall replace a regular
member should that member be unable to attend the entire hearing.
The committee may
at any time consult with an attorney in the office of the University Attorney
who is not presently nor previously substantively involved in the matter giving
rise to the hearing, nor will advise the University administrator(s) following
the committee action(s). (See Part VIII, Responsibilities of
Administrative Officers.)
2. Initiation of the Hearing
Process
The basis for a request for a hearing must be found in one or more of the
following reasons: (a) the decision was
based on any ground stated to be impermissible in Section 604B of The Code of
The University of North Carolina; (b) the decision was attended by a material
procedural irregularity.[6]
Section 604B of The Code of The University of North Carolina states: “In no
event shall a decision not to reappoint a faculty member be based upon (a) the
exercise by the faculty member of rights guaranteed by the First Amendment to
the United States Constitution, or by Article I of the North Carolina
Constitution, or (b) the faculty member's race, sex, religion, national origin,
age, disability, or honorable service in the armed services of the United
States, or (c) personal malice.”
"Material procedural irregularity" means a departure from
prescribed procedures governing reappointment and conferral of permanent tenure
that cast reasonable doubt upon the integrity validity
of the original decision not to reappoint or not to confer permanent tenure.
Whether a material procedural irregularity occurred shall be determined by reference
to those procedures which were in effect when the initial decision not to
reappoint or not to confer permanent tenure was made and communicated. The
Hearing Committee shall ask the chancellor to certify what procedures were then
in effect if that question is a matter of dispute. (Faculty Senate Resolution #03-49, pending final
approval)
The complainant's request for a hearing must specifically identify and
enumerate all reasons for the request.
The request must include (a) a description that is as complete as
possible of the actions or the failures to act which support each specified
contention; (b) the identification of the respondents; (c) an enumeration and
description of the information or documents which are to be used to support the
contention (copies of the described documents are to be made a part of the
request for a hearing); (d) the identification of persons who may be willing to
provide information in support of the contention; and (e) a brief description
of the information those persons identified in (d) may provide. The
complainant's request for a hearing shall be made to the chair of the Hearing
Committee.
C. Validation of the Request for
Hearing.
Validation of the complainant's request for a hearing is the first step
in the hearing process. The Hearing
Committee shall convene within 15 days after receipt of the complainant's
request for a hearing. The committee
shall notify the complainant of the meeting date by registered mail, return
receipt requested a method that provides delivery verification and is
consistent with UNC Policy 101.3.3.
The committee shall meet in executive session and the meeting will be
conducted according to the latest edition of
Robert's Rules of Order, Newly Revised.
The committee's evaluation of the complainant's request for a hearing
shall be limited solely to the documents and information submitted as part of
the complainant's request for a hearing.
The complainant may submit
additional documentation and information supporting the request for a hearing up
to 72 hours prior to the committee meeting.
All documentation and information submitted after the original request
for a hearing must (a) support contentions set forth in the original request
for a hearing and (b) be delivered to the chair in the same manner as the
original request for a hearing. Such
information or documentation shall be made a part of the original request for a
hearing.
Documentation and information that do not meet criteria set forth in the
previous paragraph will not be accepted and will be returned to the
complainant.
The Hearing Committee's review of the complainant's request for a hearing
shall be limited solely to determining whether the facts alleged by the
complainant, if established, would support the contention that the decision not
to reappoint or not to confer permanent tenure was based upon any of the
grounds stated as impermissible in Section 604B of The Code of The University
of North Carolina or was attended by a material procedural irregularity. Based on their review and evaluation of the
submitted material, the committee shall decide whether the request for a
hearing is to be validated.
If the request for a hearing is not validated, the complainant shall be
notified by registered mail, return receipt requested a method that
provides delivery verification and is consistent with UNC Policy 101.3.3,
within 10 calendar days of the committee meeting. Such a determination confirms the decision
not to reappoint or not to confer permanent tenure. (Faculty Senate Resolution
#99-4, February 1999)
The complainant may accept the decision of the Hearing Committee not to
validate or appeal to the chancellor within 10 calendar days of receipt of the
Hearing Committee's decision. The chancellor, within 14 days of the complainant's
appeal shall decide to confirm the committee's decision or shall support the
complainant's request for a hearing.
(Faculty Senate Resolution #99-4, February 1999)
The complainant may accept the chancellor's confirmation of the
committee's decision not to validate the request for a hearing, or the
complainant may appeal to the Board of Governors Trustees within 10 calendar days following receipt of the
Chancellor’s decision. as provided in Section 501C (4)
of the Code of the (Faculty
Senate Resolution #99-4, February 1999) (Faculty
Senate Resolution #03-49, pending final approval)
If the committee validates the request for a hearing, or the decision not
to validate the request for a hearing is not supported by the chancellor, the
committee shall so notify the complainant by registered mail, return receipt
requested a method that provides delivery verification and is consistent
with UNC Policy 101.3.3 and begin the processes necessary to set the time
and date for the hearing.
D. Procedures for the Hearing.
1. Time and Date of Hearing
If the request for a hearing is validated, the committee shall provide a
complete copy of the request for a
hearing to the individuals named in the request for a hearing. The committee
shall set the time, date, and place for the hearing. The date for the hearing must be within 30
working days of the notification to the complainant that the request for a
hearing was validated. The committee
shall then notify the complainant, the respondents, the chair of the faculty,
and the chancellor, of the time, date, and place of the hearing. At least 15 working days before the
hearing, the complainant shall notify the committee, the respondents, the chair
of the faculty, and the chancellor of the identity of the complainant’s
advisor, if any, and whether or not the advisor is an attorney. (“Attorney”
is defined as anyone with a Juris Doctor, or other recognized law degree,
regardless of whether or not that person is licensed to practice law in the
State of
2. Conduct of the Hearing
The chair of the Hearing Committee or an elected member of the
committee if the chair is unavailable, is responsible for conducting the
hearing and for maintaining order during the hearing. Except as provided for herein, the hearing
shall be conducted according to the latest edition of Robert's Rules of Order, Newly Revised. Attendance at the hearing is limited to the
committee's members and alternates, the complainant, one person who may advise
the complainant but who may not take an active part in the proceedings, the
respondents, an East Carolina University faculty member (with or without
administrative appointment) selected by the chancellor to represent the respondents in the conduct of the
hearing, an East Carolina University attorney who shall advise the respondents
and their representative but who may not take an active part in the
proceedings, the chancellor, and an East Carolina University attorney
representing the chancellor, who may advise the chancellor but may not take
an active part in the proceedings. Other persons (witnesses) providing
information to the committee shall not be present throughout the hearing, but
shall be available at a convenient location to appear before the committee as
appropriate. For any hearing from which
an appeal may be taken, a professional court
reporter must be used to record and transcribe the hearing. (Faculty Senate
Resolution #03-37, March 2004l) Any
such record is a part of the personnel inquiry and must be treated with
appropriate confidentiality. Only the immediate parties to the controversy, the
responsible administrators and attorneys, and the members of the University
governing boards and their respective committees and staff are permitted access
to such materials. (Faculty Senate
Resolution #03-49, pending final approval)
The hearing shall begin with an opening statement by the committee member
chairing the hearing. This statement
shall be limited to explaining the purpose of the hearing and the
procedures to be followed during the hearing.
The hearing chair explicitly will note that the committee shall
consider only information bearing on the allegations presented in the
complainant's request for the hearing.
Following the opening remarks by the committee hearing chair,
the complainant shall present his or her contentions and any supporting
witnesses and documentary evidence. The respondent(s), through their
representative, may then reply to these contentions and present any supporting
witnesses and evidence. During these presentations, the complainant, and the
respondent(s), through their representative, may cross-examine opposing
witnesses. Committee members may question witnesses for purposes of
clarification. At the conclusion of
the hearing, the complainant and then the respondent(s) will be given the
opportunity to provide summary statements.
E. Procedures After the Hearing
After the hearing, the committee shall meet in executive session and
begin its deliberations or shall adjourn for no more than two working days, at
which time it shall reconvene in executive session to determine whether it
sustains or does not sustain the allegations stated in the request for the
hearing. In reaching its decisions the
committee shall consider only the testimony and other materials entered or
presented as evidence during the hearing. The complainant shall have the burden
of proof by the greater weight of the evidence to establish that a basis for
his or her contentions is found in one of the reasons listed in Section V.B.2. Initiation
of Hearing.
Within 10 working days of finishing its deliberations the committee shall
provide the complainant, respondents, and the chancellor with a copy of the
committee's report and a copy of the court reporter's transcript of the
hearing. (Faculty Senate Resolution #03-37, March 2004)
If the Hearing Committee determines that the complainant's contention has
not been established, it shall, by simple, unelaborated statement, so notify
the complainant, the respondents, the chair of the faculty, and the chancellor. Such a determination confirms the decision
not to reappoint or not to confer permanent tenure.
If the Hearing Committee determines that the complainant's contention has
been satisfactorily established, it shall notify the complainant, the
respondents, the chair of the faculty, and the chancellor by written notice and
shall recommend further substantive review.
Within 30 working days after receiving the recommendation of the Hearing Committee, the chancellor shall notify the complainant, the respondents, the chair of the faculty, and the chair of the Hearing Committee what further substantive review, if any, will be made of the original decision not to reappoint or not to confer permanent tenure.
The complainant
may appeal an adverse decision to the Board of Trustees within 10 calendar days
as provided in Section 501C (4) of the Code of The University of North Carolina
and the Board of Governors regulations implementing that provision. (Faculty
Senate Resolution #99-4, February 1999) (Faculty Senate Resolution #03-49, pending
final approval)
If the
chancellor is considering taking action inconsistent with the committee’s
recommendations, the chancellor shall request that a joint meeting with the
committee occur within 10 working days.
At the joint meeting, the chancellor will communicate his or her
concerns and the committee will have an opportunity to respond. The joint meeting must occur within the 30
working day period in the preceeding paragraph.
The chancellor must base his or her decision on a thorough review of (1)
the record evidence from the hearing and (2) the report of the committee. While the chancellor should give deference to
the advice of the faculty committee, the final campus-based decision is the
chancellor’s.
The
chancellor will inform the complainant of his or her decision in writing by a
method that produces adequate evidence of delivery. In the event of an adverse
decision, the chancellor's notice must inform the complainant: (1) that,
within 10 calendar days of the complainant's receipt of the decision, the
complainant may file a notice of appeal with the president requesting review by
the Board of Governors in accordance with the Board of Governors Policy
101.3.1, (2) that a simple written notice of appeal with a brief statement of
its basis is all that is required within this ten-day period, and (3) that,
thereafter, a detailed schedule for the submission of relevant documents will
be established if such notice of appeal is received in a timely matter.
(Faculty Senate Resolution #03-49, pending final approval)
The exercise of the Board of Governors’ jurisdiction under Section 501C
(4) of the Code is refined to insure that primary emphasis remains properly
focused on the campus grievance procedures.
Requests for appellate review will be screened to determine whether the
Board should consider the issues raised in a petitioner’s request for
review. The following basic standards
will guide that screening process:
1. The Board will grant requests to review
contentions that the grievance procedures followed by the campus in a
particular case did not comport with University requirements that affect the
credibility, reliability, and fairness of such inquiries, thereby arguably
depriving the grievant of a valid opportunity to establish his or her
contentions.
2. The Board will grant requests to review
University policy issues implicated by a particular grievance, when the
question appears to require intervention by the governing board to clarify the
definition, interpretation, or application of such policies.
3. The Board will review questions
about the sufficiency of the evidence to sustain the conclusion reached only if
(a) the case involves a substantial interest of the grievant,
e.g., tenure or reappointment and/or (b) the history of the case reveals
disagreement, with respect to the sufficiency of the evidence to sustain the
grievant’s contentions, among the responsible decision makers, i.e., the
hearing committee, the chancellor;, or the board of trustees; ,
or the board of trustees[7]; if the responsible
decision makers are in accord, normally no such appeal will be entertained by
the Board of Governors. (Faculty
Senate Resolution #03-49, pending final approval)
Under the foregoing prescriptions, it is necessary for prospective petitioners
to evaluate their circumstances carefully, to understand the purposes of
permissible appellate review, and to formulate clearly and concisely their
statement of the one or more grounds on which they believe the Board should
exercise its appellate jurisdiction.
Thus, the first step in any appeal to the Board of Governors will be an
evaluation by the Board, through a designated subcommittee, with staff
assistance, of the grievant’s written statement of grounds for appeal, to
determine whether the issues sought to be raised warrant Board attention, as
judged by the three basic standards.
VI. Due Process Before Discharge or Imposition of Serious
Sanction
A. Penalties
A faculty
member who is the beneficiary of institutional guarantees of tenure shall enjoy
protection against unjust and arbitrary application of disciplinary
penalties. During the period of such
guarantees, the faculty member may be discharged or suspended from employment
or diminished in rank only for reasons of incompetence, neglect of duty, or
misconduct of such a nature as to indicate that the individual is unfit to
continue as a member of the faculty. These penalties may be imposed only in
accordance with the procedures prescribed in this section. For purposes of these
regulations,
a faculty member serving a stated term shall be regarded as having tenure until
the end of the term. These procedures
shall not apply to non-reappointment (Section V) or termination of employment
(Section VII).
B. Notice
Written
notice of intent to discharge or to suspend from employment or to diminish in
rank (these penalties hereinafter in Section VI are referred to as "the
penalty") shall be sent by the vice chancellor with supervisory authority
or by the vice chancellor's designee to the faculty member by registered mail, return receipt requested a method that provides delivery
verification and is consistent with UNC Policy 101.3.3. The statement shall include notice of the
faculty member's right, upon request, to both written specification of the
reasons for the intended penalty and a hearing by the Due Process Committee
(Section VI.E.). (Faculty Senate
Resolution #99-10, March 1999)
C. Penalty Without Recourse
If,
within 10 working days after the faculty member receives the notice referred to
in Section VI.B. above, the faculty member makes no written request for either
a specification of reasons or a hearing, the faculty member may be penalized
without recourse to any institutional grievance or appellate procedure.
D. Specification of Reasons and Hearing Request
If,
within 10 working days after the faculty member receives notice referred to in
Section VI.B. above, the faculty member makes a written request to the vice chancellor
with supervisory authority, registered
mail, return receipt requested a method that provides delivery verification and is consistent with
UNC Policy 101.3.3, for a specification of reasons, the vice
chancellor with supervisory authority or the vice chancellor's designee shall
supply such specification in writing by registered mail, return receipt requested a method that provides delivery
verification and is consistent with UNC Policy 101.3.3, within 10
working days after receiving the request.
A
faculty member's request for a hearing is to be directed to the vice chancellor
with supervisory authority in writing by registered mail, return receipt requested a method that provides delivery
verification and is consistent with UNC Policy 101.3.3. Upon receipt
of such a request the vice chancellor with supervisory authority shall, within
ten working days, notify the chair of the Due Process Committee of the need to
convene a hearing in accordance with Section VI.F.1. If the faculty member makes no written
request to the vice chancellor with supervisory authority for a hearing within
10 working days after receiving the specification, the faculty member may be
penalized without recourse to any institutional grievance or appellate
procedures. (Faculty Senate Resolution
#99-10, March 1999)
E. Due Process Committee
The
Due Process Committee shall be composed of five members and five alternates
each of whom is a full-time, permanently tenured voting faculty member without
administrative appointment. Members
shall be elected in accordance with the procedures for election of appellate
committees specified in the Bylaws of the East Carolina University Faculty
Senate. Members and alternates shall be elected to three-year terms. A quorum
for the committee shall be the five members or their alternates. Upon organization, the members of the Due
Process Committee shall elect a chair and a secretary. Should any committee officer be absent at the
beginning of a hearing, the committee shall elect an alternate officer for the
purposes of the hearing.
When
the committee is convened to consider any matter associated with a faculty
member's request for a hearing, those committee members who hold an appointment
in the faculty member's academic unit, those who might reasonably expect to be
called as witnesses, or those who may have any other conflict of interest
should disqualify
themselves
from participation in the activities of the committee related to this specific
request for a hearing. The faculty
member and the vice chancellor with supervisory authority are permitted to
challenge committee members for
cause. The other members of the committee will
decide on any potential disqualifications if a committee member is so
challenged but wishes to remain. (Faculty Senate Resolution #99-10, March 1999)
When
membership of the committee falls below the specified five members and five
alternates, the Faculty Senate will elect additional faculty members to the
committee. Vacancies on the committee
will be filled first by moving alternates to member status and by electing new
alternates and/or members as needed to fill the committee roster.
Upon
notification by the vice chancellor with supervisory authority or the vice
chancellor's designee that a faculty member has requested a hearing, the chair
of the committee shall determine the availability of the elected members and
alternates, and shall select from those available one or more alternates, as
necessary (see Part XI of the ECU
Faculty
Manual, UNC Code, Section 603). The
ranking of the available alternates for selection shall be determined by their
years of service to the University. That
available alternate who is most highly ranked shall attend all sessions of
the
hearing and shall replace a regular member should that member be unable to
attend the entire hearing. (Faculty
Senate Resolution #99-10, March 1999)
The
committee may at any time consult with an attorney in the office of the
University Attorney who is not presently nor previously substantively involved in
the matter giving rise to the hearing, nor will advise the University
administrator(s) following the committee action(s). (See Part VIII, Responsibilities of
Administrative Officers.)
F. Procedures for the Hearing
1. Time and Date of Hearing
The
Due Process Committee shall set the time, date, and place for the hearing. The date for the hearing must be within 30
working days of the time the committee receives the vice chancellor with
supervisory authority's notification of the faculty member's written request
for a hearing. The committee shall
notify the affected faculty member, the vice chancellor with supervisory
authority, and the chair of the faculty of the time, date, and place of the
hearing. The committee may, upon the
faculty member's written request and for good cause, postpone the date of the
hearing by written notice to the faculty member.
2. Conduct of Hearing
The
hearing shall be on the written specification of reasons for the intended
penalty. The chair of the Due Process
Committee, or an elected member of
the committee if the chair is unavailable, is responsible for
conducting the hearing and for maintaining order during the hearing. Except
as provided for herein, the hearing shall be conducted according to the latest
edition of Robert's Rules of Order, Newly
Revised. Attendance
at the hearing is limited to the committee's members and alternates, the
faculty member requesting the hearing, counsel for the faculty member, the vice
chancellor with supervisory authority, and counsel for the vice chancellor.
Other persons (witnesses) providing information to the committee shall not be
present throughout the hearing, but shall be available at a convenient location
to appear before the committee as appropriate. For any hearing from which an
appeal may be taken, a professional court reporter must be used to
record and transcribe the hearing.
(Faculty Senate Resolution #03-37,March 2004)
The hearing shall begin with an opening statement by
the hearing chair of the committee limited to explaining the
purpose of the hearing and the procedures to be followed during the
hearing. Following the opening remarks
by the hearing committee chair, the vice chancellor with
supervisory authority or his/her counsel shall present the university's
contentions and any supporting witnesses and documentary evidence. The faculty member or the faculty member's
counsel may then reply and present any supporting witnesses and documentary
evidence. During these presentations,
the vice chancellor with supervisory authority or his or her counsel, and the
faculty member or his or her counsel, may cross-examine opposing witnesses. Committee members may question witnesses for
purposes of clarification. At the conclusion of the hearing, the faculty
member and then the vice chancellor with supervisory authority will be given
the opportunity to provide summary statements. (Faculty Senate
Resolution #99-10, March 1999)
G. Procedures After the Hearing
After
the hearing, the committee shall meet in executive session and begin its
deliberations or shall adjourn for no more than two working days, at which time
it shall reconvene in executive session.
In reaching its decisions the committee shall consider only the
testimony and other materials entered or presented as evidence during the
hearing.
Within
10 working days of finishing its deliberations the committee shall provide the
faculty member and the chancellor with a copy of its report, including
materials entered as evidence, and a copy of the court reporter's transcript of
the hearing. In its report the committee
shall state whether or not it recommends that the intended penalty be imposed.
(Faculty Senate Resolution #03-37, March 2004)
In reaching
a decision, the chancellor shall consider only the written transcript of the
hearing and the report of the Due Process Committee. Within 30 working days of receiving the
report, the chancellor's decision shall be conveyed in writing to the Due Process
Committee and the affected faculty member by registered mail, return receipt requested a method that provides delivery
verification and is consistent with UNC Policy 101.3.3.
H. Appeal
If
the chancellor concurs in a recommendation of the committee that is favorable
to the faculty member, the decision shall be final. If the chancellor rejects a finding,
conclusion, or recommendation of the Due Process Committee, the chancellor
shall state the reasons for doing so in a written decision. If the chancellor
either declines to accept a Committee recommendation that is favorable to the
faculty member or concurs in the committee recommendation that is unfavorable
to the faculty member, the faculty member may appeal the chancellor's decision
to the Board of Trustees.
This
appeal shall be transmitted through the chancellor and shall be addressed to
the chair of the Board. Notice of appeal
shall be received by the chancellor within ten working days after the faculty
member receives the chancellor's decision.
The appeal to the Board of Trustees shall be decided by the full Board
of Trustees; however, the Board may delegate the duty of conducting a hearing
to a standing or ad hoc committee of at least three members.
The
Board of Trustees, or its committee shall consider the appeal on the written
transcript of the hearing held by the Due Process Committee, but it may, in its
discretion, hear such other evidence
as it deems necessary, with the opportunity for rebuttal. The Board of Trustees' decision shall be made
within 45 working days after the chancellor has received the faculty member's
request for an appeal to the Trustees.
This
decision shall be final except that the faculty member may, within ten days
after receiving the trustees' decision, file a written petition for review with
the Board of Governors if he or she alleges that one or more specified
provisions of the Code of The University of North Carolina have been violated.
Any such petition to the Board of Governors shall be transmitted through the
President, and the Board shall, within 45 working days, grant or deny the
petition or take such other action as it deems advisable. If it grants the petition for review, the
Board's decision shall be made within 45 working days after it notifies the faculty
member by registered mail, return
receipt requested a
method that provides delivery verification and is consistent with UNC Policy
101.3.3, that it will review the petition.
The
exercise of the Board of Governors’ jurisdiction under Section 501C(4) of
the Code is refined to insure that primary emphasis remains properly
focused on the campus grievance procedures.
Requests for appellate review will be screened to determine whether the
Board should consider the issues raised in a petitioner’s request for
review. The following basic standards
will guide that screening process:
1. The Board
will grant requests to review contentions that the grievance procedures
followed by the campus in a particular case did not comport with University
requirements that affect the credibility, reliability, and fairness of such
inquiries, thereby arguably depriving the grievant of a valid opportunity to
establish his or her contentions.
2. The Board
will grant requests to review University policy issues implicated by a particular
grievance, when the question appears to require intervention by the governing
board to clarify the definition, interpretation, or application of such
policies.
3. The Board
will review questions about the sufficiency of the evidence to sustain the
conclusion reached only if (a) the case involves a substantial interest of the
grievant, e.g., tenure or reappointment and/or (b) the history of the case
reveals disagreement, with respect to the sufficiency of the evidence to
sustain the grievant’s contentions, among the responsible decision makers,
i.e., the due process committee, the chancellor, or the board of trustees[8]; if the responsible decision makers are in accord,
normally no such appeal will be entertained by the Board of Governors.
Under
the foregoing prescriptions, it is necessary for prospective petitioners to
evaluate their circumstances carefully, to understand the purposes of
permissible appellate review, and to formulate clearly and concisely their
statement of the one or more grounds on which they believe the Board should
exercise its appellate jurisdiction.
Thus, the first step in any appeal to the Board of Governors will be an
evaluation by the Board, through a designated subcommittee, with staff
assistance, of the grievant’s written statement of grounds for appeal, to
determine whether the issues sought to be raised warrant Board attention, as
judged by the three basic standards.
I. Suspension During a Period of Intent to
Discharge
When
a faculty member has been notified of the institution's intention to discharge
the faculty member, the chancellor may suspend the faculty member at any time
and continue the suspension until a final decision concerning discharge has
been reached by the procedures prescribed herein. Suspension during a period of
intent to discharge shall be exceptional and shall be with full pay and
benefits.
VII. Termination of Faculty Employment
A. Reasons Justifying Termination and
Consultation Required
1. Reasons for Terminating Employment
The
employment of a faculty member with permanent tenure or of a faculty member
holding a fixed-term or probationary appointment may be terminated by East
Carolina University because of (1) demonstrable, bona fide institutional
financial exigency, or (2) major curtailment or elimination of a teaching,
research or public service program.
Financial
exigency is defined as a significant decline in the financial resources of the
institution that is brought about by decline in institutional enrollment or by
other action or events that compel a reduction in the institution's current
operations budget. The determination of
whether a condition of financial exigency exists or whether there shall be a
major curtailment or elimination of a teaching, research, or public service
program shall be made by the chancellor, after consulting with the academic
administrative officers and faculties as required by Section VII.A.2. below.
This
determination is subject to concurrence by the President and then approval of
the Board of Governors. If the financial exigency or curtailment or elimination
of a program is such that the institution's contractual obligation to a faculty
member cannot be met, the employment of the faculty member may be terminated in
accordance with Section 605 of The Code of The University of North Carolina and
the institutional procedures set out in subsection B below.
2. Consultation with Faculty and
Administrative Officers
When
it appears that the institution will experience an institutional financial
exigency or when it is considering a major curtailment in or elimination of a
teaching, research, or public service program, the chancellor or the
chancellor's delegate shall forthwith prepare a report which identifies
specifically the state of financial exigency or the program change. The report
must outline the options readily apparent to the chancellor at the time,
including any options which would or might involve terminations of faculty
employment.
The
chancellor's report shall be directed to the Educational Policies and Planning
Committee for their written advice and recommendations. In considering this report the Educational
Policies and Planning Committee shall have access to information on which the
chancellor's report was based. The
Committee may interview appropriate persons.
The Educational Policies and Planning Committee shall prepare a report
in response to the chancellor, to be submitted at a time determined by the
chancellor.
Should
the chancellor decide, following receipt of the Educational Policies and Planning
Committee's report, to consider reducing a unit's faculty for reasons of
financial exigency or major curtailment or elimination of a program, the
chancellor shall promptly establish and convene an ad hoc Faculty Advisory
Committee to advise the chancellor regarding the contemplated reduction.
Whenever
such a Committee is created, it shall consist of two members and two alternates
elected by the unit; the unit's administrator as an ex officio member; and four
members and four alternates from disciplines complementary to the unit,
nominated by the University Committee on Committees and elected by the Faculty
Senate. Except for the ex-officio
member, membership on an ad hoc committee shall be limited to full-time
permanently tenured faculty without administrative appointment. Upon organization, the committee shall elect
a chair and a secretary. The ad hoc
Faculty Advisory Committee, following procedures according to the most recent
edition of Robert's Rules of Order, Newly
Revised, shall submit a report of its advice and recommendations, at a time
determined by the chancellor. In
preparing this report, the committee shall have access to information
considered in any prior reports, and the committee may interview appropriate
persons.
B. Termination Procedures
1. Consideration in Determining Whose Employment
is to be Terminated
In
determining which faculty member's employment is to be terminated, the primary
consideration of the chancellor and the ad hoc advisory committee shall be the
maintenance of a sound and balanced educational program that is consistent with
the functions and responsibilities of the institution. Where no conflict with this primary
consideration exists, priority for retention shall be given the permanently
tenured faculty who are senior in years of service to the University.
2. Timely Notice
of Termination
a. When a
faculty member's employment is to be terminated
because of major curtailment or elimination of a teaching, research, or public
service program and such curtailment or elimination of program is not founded
upon financial exigency, the faculty member shall be given timely notice as
follows: One who has permanent tenure
shall be given not less than twelve months notice; and one who does not have
permanent tenure shall be given notice in accordance with the requirements
specified in Section II.C.
b. When a
faculty member's employment is to be terminated because of financial exigency, the institution will make
every reasonable effort, consistent with the need to maintain sound educational
programs and within the limits of available resources, to give the same notice
as set forth in the preceding paragraph.
3. Type of Notice to be Given
a. Should the
chancellor decide to terminate employment following receipt of the report of
the Ad hoc Faculty Advisory Committee, the chancellor or the chancellor's
delegate shall send the faculty member whose employment is to be terminated a
written statement of this fact by registered
mail, return receipt requested a method that provides delivery verification and is consistent with
UNC Policy 101.3.3. This notice shall include a statement of the
conditions requiring termination of the faculty member's employment; a general
description of the procedures followed in making the decision; a disclosure of
pertinent financial or other data upon which the decision was based; a
statement of the faculty member's right, upon request, to a reconsideration of
the decision by a faculty committee if the faculty member alleges that the
decision to terminate employment was arbitrary or capricious; and a copy of
this procedure on termination of employment.
b. For a
period of two years after the effective date of termination of a faculty
member's contract for any of the reasons specified in Section VII.A.1., the
institution shall not replace the faculty member without first offering the
position to the person whose employment was terminated. The offer shall be sent by registered mail, return receipt requested a method that provides delivery
verification and is consistent with UNC Policy 101.3.3 to the
address last furnished to the chancellor's office, and the faculty member will
be given thirty calendar days after transmission of the notice in which to
accept or reject the offer. The offer to resume a terminated position shall
provide for tenure status, rank, and salary at least equal to those held by the
faculty member at the time of termination.
c. The
institution, when requested in writing by a faculty member whose employment has
been terminated, shall give reasonable assistance in finding other employment.
Such assistance shall include secretarial assistance, access to the telephone
(including long distance), University/unit stationary and postage, travel funds
to professional meetings, and other assistance as deemed reasonable and
appropriate in the profession.
4. Termination if Reconsideration is Not
Requested
If,
within 10 working days after receipt of notice required by Section VII.B.3
above, the faculty member makes no written request for a reconsideration
hearing, employment will be terminated at the date specified in the notice
given pursuant to Section VII.B.3, and without recourse to any institutional
grievance or appellate procedure.
5. Request for Reconsideration Hearing
Within
10 working days after receiving the notice required by Section VII.B.3, the
faculty member may request by registered
mail, return receipt requested a method that provides delivery verification and is consistent with
UNC Policy 101.3.3 a reconsideration of the decision to terminate
employment, if the faculty member alleges that the decision was arbitrary or
capricious. The request shall be
submitted to the chancellor and shall specify the grounds upon which it is
contended that the decision to terminate employment was arbitrary or capricious
and shall include a short, plain statement of facts that the faculty member
believes support the contention.
Submission of such a request constitutes on the part of the faculty
member: (1) a claim that the contention
can be supported by representation of factual evidence, and (2) an agreement
that the institution may offer in rebuttal of the faculty member's contention
any relevant data within its possession.
Upon receipt of such a request the chancellor shall, within 10 working
days, notify the chair of the
Reconsideration Committee of the need to convene a hearing in accordance with
Section VII.B.7.
6. The Reconsideration Committee
The
Reconsideration Committee shall be composed of five members and five
alternates, each of whom is a full time permanently tenured voting faculty
member without administrative appointment.
Members shall be elected in accordance with the procedures for election
of appellate committees specified in the Bylaws of the East Carolina University
Faculty Senate. Members and alternates shall be elected to three-year
terms. A quorum for the committee shall
be the five members or their alternates.
Upon
organization, the members of the Reconsideration Committee shall elect a chair
and a secretary. Should any committee
officer be absent at the beginning of a hearing, the committee shall elect an
alternate officer for purposes of the hearing.
When
the committee is convened to consider any matter associated with a faculty
member's request for a hearing, those committee members who hold an appointment
in the faculty member's academic unit, those who might reasonably expect to be
called as witnesses, who participated directly in the decision to terminate the
faculty member's employment, or those who may have any other conflict of
interest should disqualify themselves from participation in the activities of
the committee related to this specific request for a hearing. The faculty
member and the chancellor or the chancellor's representative are permitted to
challenge committee members for cause.
The other members of the committee will decide on any potential
disqualifications if a committee member is so challenged but wishes to remain.
When,
between elections, membership of the committee falls below the specified five
members and five alternates, the chair of the faculty, in consultation with the
Committee on Committees, shall appoint members to the committee. Vacancies on
the committee will be filled by first moving alternates to members and by
making appointments as alternates.
Upon
receipt of a request for a hearing, the chair of the committee shall determine
the availability of the elected members and alternates, and shall select from
those available one or more alternates, as necessary. The ranking of the
available alternates for selection shall be determined by their years of
service to the University. That available alternate who is most highly ranked
shall attend all sessions of the hearing and shall replace a regular member
should that member be unable to attend the entire hearing. The committee may
at any time consult with an attorney in the office of the University
Attorney who is not presently nor previously substantively involved in the
matter giving rise to the hearing, nor will advise the University
administrator(s) following the committee action(s). (See Part
VIII, Responsibilities of Administrative Officers.)
7. Procedures for the Hearing
a. Time and
Date of Hearing
The
Reconsideration Committee shall set the time, date, and place for the
hearing. The date for the hearing must
be within 30 working days of the time the committee receives the chancellor's
notification of the faculty member's written request for a hearing. The committee shall notify the affected
faculty member, the
chancellor,
and the chair of the faculty of the time, date, and place of the hearing. The committee may, upon the faculty member's
written request and for good cause, postpone the date of the hearing by written
notice to the faculty member.
b. Conduct of Hearing
The
Reconsideration Committee's review of the faculty member's appeal shall be
limited solely to determining whether the decision to terminate employment was
arbitrary or capricious. The chair of the
Reconsideration Committee is responsible for conducting the hearing and for
maintaining order during the hearing. Except as provided for herein, the hearing shall be conducted according
to the latest edition of Robert's Rules
of Order, Newly Revised.
Attendance at the hearing is
limited to the committee's members and alternates, the faculty member
requesting the hearing, counsel for the faculty member, the chancellor or the
chancellor's delegates (hereinafter, the chancellor), and counsel for the chancellor. Other persons (witnesses) providing
information to the committee shall not be present throughout the hearing, but
shall be available at a convenient location to appear before the committee as
appropriate. The faculty member and the
committee shall be given access, upon request, to documents that were used in
making the decision to terminate the faculty member's employment after the
decision was made that the position must be terminated. For
any hearing from which an appeal may be taken, a professional court
reporter must be used to record and transcribe the hearing. (Faculty
Senate Resolution #03-37, March 2004)
The
hearing shall begin with an opening statement by the chair of the committee
limited to explaining the purpose of the hearing and the procedures to be
followed during the hearing. Following
the opening remarks by the committee chair, the faculty member or the faculty
member's counsel shall present his or her
contentions
and any supporting witnesses and documentary evidence. The chancellor or the chancellor's counsel
may then reply and present any supporting witnesses and evidence in rebuttal of
the faculty members
contentions
or in general support of the decision to terminate the faculty member's
employment. During these presentations,
the faculty member or his or her counsel, and the chancellor or his or her
counsel, may cross-examine opposing witnesses. Committee members may question witnesses for purposes of clarification. At the conclusion of the hearing, the faculty
member and then the chancellor or the chancellor’s counsel will be given the
opportunity to provide summary statements.
8. Procedures After the Hearing
After
the hearing, the committee shall meet in executive session and begin its
deliberations or shall adjourn for no more than two working days, at which time
it shall reconvene in executive session.
In reaching its decisions the
committee
shall consider only the testimony and other materials entered or presented as
evidence during the hearing.
Within
10 working days of finishing its deliberations the committee shall provide the
faculty member and the chancellor with a copy of its report, including
materials entered as evidence, and a copy of the court reporter's transcript of
the hearing. (Faculty Senate Resolution
#03-37, March 2004)
If
the Reconsideration Committee determines that the contention of the faculty
member has not been established, it shall, by a simple unelaborated statement,
so notify the faculty member, the chair of the faculty and the chancellor. The faculty member may appeal the decision to
terminate employment to the chancellor within 10 calendar days following
receipt of the committee’s decision. as provided in Section 501C (4) of the
Code of the . (Faculty Senate
Resolution #99-4, February 1999)
If
the Reconsideration Committee determines that the faculty member's contention
has been satisfactorily established, it shall so notify the faculty member, the
chair of the faculty, and the chancellor by a written notice that shall also
include a recommendation for corrective
action by the chancellor.
Within
30 working days after receiving the recommendation, the chancellor shall send
written notice to the faculty member by registered mail, return receipt requested a method that provides delivery
verification and is consistent with UNC Policy 101.3.3, with copies
to the chair of the faculty, and the chair of the Reconsideration Committee giving
his decision and stating what modification, if any, the chancellor will make
with respect to the original decision to terminate the faculty member's
employment. If the chancellor fails to
reverse the original decision, the chancellor shall send written notice of such
to the faculty member by registered
mail, return receipt requested a method that provides delivery verification and is consistent with
UNC Policy 101.3.3, with copies to the chair of the faculty, and the
chair of the Reconsideration Committee.
The faculty member may appeal the termination to the Board of Trustees
within 10 calendar days following receipt of the chancellor’s decision. as
provided in Section 501C (4) of the Code of the (Faculty Senate Resolution #99-4, February
1999)
The
exercise of the Board of Governors’ jurisdiction under Section 501C(4) of
the Code is refined to insure that primary emphasis remains properly
focused on the campus grievance procedures.
Requests for appellate review will be screened to determine whether the
Board should consider the issues raised in a petitioner’s request for
review. The following basic standards
will guide that screening process:
a. The Board
will grant requests to review contentions that the grievance procedures
followed by the campus in a particular case did not comport with University
requirements that affect the credibility, reliability, and fairness of such
inquiries, thereby arguably depriving the grievant of a valid opportunity to
establish his or her contentions.
b. The Board
will grant requests to review University policy issues implicated by a
particular grievance, when the question appears to require intervention by the
governing board to clarify the definition, interpretation, or application of
such policies.
c. The Board
will review questions about the sufficiency of the evidence to sustain the
conclusion reached only if (a) the case involves a substantial interest of the
grievant, e.g., tenure or reappointment and/or (b) the history of the case
reveals disagreement, with respect to the sufficiency of the evidence to
sustain the grievant’s contentions, among the responsible decision makers,
i.e., the reconsideration committee, the chancellor, or
the
board of trustees[9]; if the responsible decision makers are in accord,
normally no such appeal will be entertained by the Board of Governors.
Under
the foregoing prescriptions, it is necessary for prospective petitioners to
evaluate their circumstances carefully, to understand the purposes of
permissible appellate review, and to formulate clearly and concisely their
statement of the one or more grounds on which they believe the Board should
exercise its appellate jurisdiction.
Thus, the first step in any appeal to the Board of Governors will be an
evaluation by the Board, through a designated subcommittee, with staff
assistance, of the grievant’s written statement of grounds for appeal, to
determine whether the issues sought to be raised warrant Board attention, as
judged by the three basic standards.
If
the chancellor concurs in the recommendation of the committee that is favorable
to the faculty member, the decision is final and written notification thereof
shall be sent to the faculty member, the chair of the faculty, and the chair of
the Reconsideration Committee.
VIII. Effective Date
A. These
policies and regulations supersede all other institutional documents governing
the matters covered herein.
B. Except as otherwise
provided below, all provisions of these policies and regulations shall become
operative on the date they are approved by the President and the Board of
Governors of the
These
regulations as amended shall apply only to those appeals following
nonreappointments and nonconferrals of tenure in which the original decision
not to reappoint or not to confer permanent tenure was made after the effective
date of these regulations. Regulations
applicable to appeals following nonreappointment or nonconferral of tenure in
which the original decision not to reappoint or not to grant permanent tenure
was made prior to the effective date of these regulations are those rules in
effect at the time that the original decision was made.
1. Sections II
C(1) entitled ”Probationary Terms” and II C(2) entitled “Reduction of the
Normal Probationary Term for Previous Academic Employment” shall apply only
with respect to those persons employed after the effective date of these
regulations. These sections shall not
modify the terms of employment for persons holding current untenured
appointments made under previous forms of these regulations.
2.
Approved: Faculty Senate Resolution #94-18,
September 14, 1995, UNC Board of Governors
Amended: Faculty Senate Resolution #99-4 (Sections
V.C., V.E., VII.B.8) February 1999
Faculty Senate Resolution #99-10 (Section VI. B., D.,
E., F) March 1999
Faculty Senate Resolution #01-19 (Section IV.F) August 2001
Faculty Senate Resolution #02-05 (Section
II.E) October 2002
Faculty Senate Resolution #03-30 (Section
IV) April 2003
Faculty
Senate Resolution #03-37 (Sections II.A.3, D.2, V.E, VI.F.2, VI.G, VII.B.7.b,
VII.8) March 2004
Faculty Senate Resolution #03-44 (Section I) March 2004
Faculty Senate Resolution #03-49 (Section V) pending
final approval
Editorial Revisions:
(Sections II.A.3, IV.G.2, VI.E., VIII.) August 1997
Interpretations:
Interpretation I96-4 and I96-5 (Section II.C) 3-96
Interpretation I97-7 and I97-8 (Section IV.A.1.,
IV.A.2., and IV.A.3) 10-97
Interpretation
I99-11 (Section IV.G) Faculty Senate Resolution #99-9,3-99
Interpretation
I99-12 (Section IV.I) Faculty Senate Resolution
#99-28, 12-99
Interpretation I00-14 (Section IV) Faculty Senate Resolution #00-21, 4-00
Interpretation
I00-15 (Section IV.E) Faculty Senate Resolution #00-31, 11-00
Interpretation
I01-16 (Section IV.A.3) Faculty Senate Resolution #01-11, 2-01
Interpretation
I03-18 (Section IV.A.3) Faculty Senate Resolution #03-33, 4-03
(According to UNC Code 602(1) final approval involves the Faculty
Senate, Chancellor, Senior Vice
Attachment 2.
ADMISSION AND RETENTION POLICIES
COMMITTEE REPORT
Proposed addition to the ECU Undergraduate Catalog,
Section 4: Academic Advisement, Progression, and Support
Propose to add the following
underlined two sentences to Section 4, subsection Writing Intensive Requirement
in order to clarify the policy that entering ECU with credit for 1100 &
1200 does not affect the requirement that students must complete 12 s.h. of
writing intensive classes in order to graduate from ECU.
“Writing Intensive
Requirement
Students enrolling at East Carolina University must
fulfill the writing across the curriculum requirement prior to graduation. To
do so, each student must complete a minimum of 12 s.h. of writing intensive
courses, including ENGL 1100, 1200; at least one 3 s.h. writing intensive
course in the major; and any other 3 s.h. writing intensive course of the
student’s choice. Students entering ECU with
transfer credit for ENGL 1200 have satisfied the General Education requirement
in the area of English. Such students are still required to complete a
total of 12 hours of credit in Writing Intensive courses. All second
degree students will be required to complete at least 3 s.h. of writing
intensive course work in the major. Writing intensive courses/sections of
courses are identified each semester in the course schedule listing and will be
designated WI on the student’s transcript. A complete listing of courses
approved as writing intensive may be found at the University Writing Program
web site, www.ecu.edu/writing. A course will transfer into ECU as WI under two
conditions. The course must either be a writing intensive course in a writing
across the curriculum program at the university or college where it was taken
and/or the course must have the words “writing” or “communication” (e.g.,
“Writing for Business and Industry” or “Business Communications”) in the course
title. Courses meeting either of these two criteria will be accepted as WI and
count as writing intensive for ECU degree requirements.”
_______________________________________________________________________________________________________________
Attachment 3.
FACULTY WELFARE
COMMITTEE REPORT
Report from the 10th Street Safety Committee
Background
In March 2005, the Faculty
Senate passed a resolution (FS #05-27) to address safety issues on 10th
Street, particularly the areas in front of Brewster and Christenbury Gym. The
10th Street Safety Committee was appointed as a sub-committee of the
Faculty Welfare Committee to address these issues.
Current status
Members of the 10th
St. Safety Committee include members of the Faculty Welfare Committee and key
stakeholders who deal with this safety issue.
Committee members include:
Dawn Clark (Faculty
Welfare); Chair of the committee
John Core (Faculty Welfare);
Angela Thompson (Faculty,
History)
Steve Hamilton (NC Dept. of
Transportation)
Mike Vanderven (Parking and
Traffic)
Justin Gross (SNR)
Scott Alford (ECU Transit)
Wood Davidson (ECU Transit)
Steve Yetman (City of
Greenville)
Frank Knight (ECU Police)
John Gill (ECU Landscape
Architect; Facilities)
The committee met on the
following dates: November 17, 2005; December 1, 2005; February 1, 2006.
A description of the
problem
Safety problems are a result
of congestion and unsafe behaviors on the part of both pedestrians and drivers.
The committee discussed the following:
Possible short term
solutions
The ECU transit system
currently handles over 12,000 passengers per day. With the increase in
enrollment along with an increase in the number of off-campus housing
developments, the number of riders will increase in the following years. The
Christenbury transit stop handles 20 buses an hour with 41 buses to be added
next year. There are currenly 12 transit buses stopping on 10th St.
each hour. The library transit stop accommodates 21 buses per hour. While
ridership is heavy throughout the day, the “peak” generally ends about 2:30
p.m. The following solutions were
discussed:
Suggested planned longer-
term solutions
Long-term solutions
deemed unlikely due to cost, safety, or environmental concerns
While it was not the
committee’s responsibility to “worry” about the financial viability of
solutions, and the following suggestions were deemed unlikely, the Faculty
Welfare Committee strongly supports consideration of the following ideas.
1References to the chancellor's designee
shall include and be limited to the vice chancellor for academic affairs and
the vice chancellor for health sciences.
2The
chancellor, in consultation with the office of the
3A
faculty member considering such action is encouraged to seek consultation with
the unit Personnel Committee and the unit administrator. When a faculty member
applies for and then withdraws a request for early consideration for permanent
tenure, a copy of all documents submitted to support the request and a record
of all decisions by the appropriate
committee and any administrator(s) shall be directly forwarded to the
appropriate vice chancellor. Because a faculty member will be considered for
permanent tenure if he or she reaches the end of the probationary term, denials
of requests for permanent tenure made before the end of the probationary term
are not subject to appeal.
4 A faculty member considering such action is
encouraged to seek consultation with the unit Personnel Committee and the unit
administrator. When a faculty member
applies for and then withdraws a request for promotion, a copy of all documents
submitted to support the request and a record of all decisions by the
appropriate committee and any administrator(s) shall be directly forwarded to
the appropriate vice chancellor.
[5] Except as provided herein, meetings of the
committees shall be conducted according to the most recent edition of Robert's Rules of Order, Newly Revised.
[6] Appeals based on material procedural
irregularity shall refer only to personnel actions which are initiated after
the approval of material procedural irregularity as a basis for a request for a
hearing.
7The board
of trustees will remain responsible for
reviewing, on appeal, a grievant’s contention that the chancellor’s decision
(or affirmance of a faculty committee decision) was clearly erroneous.