15.0.1.00000 Freedom and Responsibility

1.10000 Introduction

Institutions of higher education are conducted for the common good, and this common good can be assured only through the free search for, and the free exposition of, truth and understanding, wherever and whenever they may be found. The freedoms, protected by the First Amendment to the Constitution of the United States, are indispensable safeguards to a democratic society. Within the academic community, the vigorous exercise of constitutional freedoms, together with the freedom to learn and to teach what scholarship suggests is the truth, to question generally accepted tenets and to publish without fear of reprisal what scholarship has discovered gives vitality to the university. Indeed, without these freedoms, the university cannot fulfill its duty to society and, although these freedoms have long been accepted in democratic societies and reaffirmed when tested, they need continuous reaffirmation and recommitment.

In order for these freedoms to endure within the academic environment, however, a concomitant dedication to academic responsibility is also essential. The academic community, which asks protection from outside interference in order to perform its mission, cannot tolerate actions by its members that hinder or make less effective the carrying out of that mission.

The right to these freedoms and the demands of academic responsibility apply equally to all those who teach at the University of North Texas, tenured or non-tenured, full time or part time.

15.0.1.20000 Constitutional Freedoms and the University

The constitutional freedoms guaranteed by the First Amendment are enjoyed equally by all citizens under the law. The University of North Texas encourages the exercise of these rights as citizens by members of its academic community with the assurance that they will not be subject to institutional censorship or discipline.
When members of the academic community at the University of North Texas speak or write as citizens, however, they must bear in mind that, by their actions, the public will inevitably judge their profession and their institution. To both profession and institution they are, therefore, under obligation at all times to be accurate, to exercise appropriate restraint, to show respect for the opinions of others, and to make it clear that they are not official spokespersons for the institution.

15.0.1.30000 Academic Freedom

Academic freedom is an additional assurance beyond constitutional rights to those who teach and pursue knowledge. Academic freedom is not an absolute. It is recognized and protected in order that members of the academic community may perform a vital function. Academic freedom properly applies to rights of expression pertaining to teaching and research within areas of professional competence.

Academic freedom is the right of members of the academic community to study, discuss, investigate, teach, conduct research, and publish freely as appropriate to their respective roles and responsibilities. It is the policy and responsibility of the University of North Texas to assure and protect these rights within the governing framework of the institution.

Faculty members at the University of North Texas are, therefore, entitled to full freedom in the classroom to discuss the subjects they teach and to voice their conclusions concerning the significance of evidence that they consider relevant. At the same time, they have an obligation to acquaint their students with the various scholarly views related to their subjects, and they are expected to be judicious in the use of controversial material only as it has a clear relationship to their subject fields. Faculty members are also entitled to full freedom in research and in the publication and dissemination of the results thereof.

15.0.1.40000 Academic Responsibility

Academic freedom can only endure when it is accompanied by an equally demanding sense of academic responsibility, shared by governing boards, administrative officers, and faculty.

It is the responsibility of the governing board of the university to establish overall policy and to interpret the university to the public and the public to the university.

The University of North Texas is committed to open and rational discussion as a principal means for the clarification of issues and the resolution of problems. This commitment can only be effective, however, as all members of the academic community recognize their responsibilities to society, to the institution, and to one another. All must play their roles under self-imposed constraints that preserve the fabric of civilized life. All must protect the right of dissent, including dissent from dissent. No one can be accorded the privilege, under any pretext, of exercising self-defined rights at the costs of those rights, which by common consent and usage belong to all. The use of physical force, psychological harassment, or other disruptive acts that interfere with institutional activities, freedom of movement on the campus, or freedom of all members of the academic community to pursue their rightful goals is the antithesis of both academic freedom and academic responsibility. So also are acts that, in effect, deny freedom to speak, to be heard, to study, to teach, to administer, or to pursue research or other scholarly/creative activity.

A primary responsibility of the teaching faculty member at the University of North Texas is effective teaching. The academic climate that the university seeks to maintain can only be achieved when members of the faculty regularly and conscientiously meet their fundamental instructional responsibilities: preparing for and meeting their assignments, conferring with and advising students, evaluating fairly and reporting promptly student achievement, and participating in those group deliberations that relate to the development of the instructional program of the institution and to the growth of its students.

No less important is the responsibility of the University of North Texas faculty members as teachers/scholars to maintain professional competence in their field of specialization and to exercise such competence publicly in lectures, discussions, publications, or other means whereby scholarly and professional stature are demonstrated and may be appraised.

It is the responsibility of administrative officials of the university to promote, protect, and defend academic freedom, and, with the assistance of the faculty, to assure that members of the academic community fulfill their responsibilities. In addition, they have special responsibilities for which they are held accountable - namely, the marshaling of human, physical, and financial resources in order to realize institutional goals.

Members of the academic community have the responsibility to provide due notice of their intention to interrupt or terminate institutional services.

1.41000 Academic Units. The primary academic unit (this is usually a department or division, but sometimes may be a college or school; hereafter referred to as “department”) of a candidate for promotion and/or tenure has the greatest disciplinary expertise in the process for recommending the candidate, including a thorough scrutiny of the accomplishments of the candidate and assessment of the external letters of recommendation. The Dean of the College or School (hereafter referred to as “College”) has the responsibility for ensuring that any candidate who is positively recommended meets the expectations of the College and, to the best of the Dean’s judgment, the expectations of the university. The Provost and Vice President for Academic Affairs (hereafter referred to as “Provost”) has the responsibility to ensure that the candidate meets university standards and that the recommendation conforms to institutional policies and procedures. 

15.0.1.50000 University Promotion and Tenure Committee (UPTC)

1.51000 The UPTC duties are defined in Section 15.1 of the Policy Manual, which contains the UPTC charter and by-laws. 

1.52000 The UPTC is charged with reviewing all reappointment, promotion, and tenure decision appeals at the University of North Texas whether involving substantive, procedural, or any other relevant matters. 

1.53000 The UPTC is provided for and its charge is given in Article VI, Section 2 of the Faculty Senate Charter, in the following language: “There shall be a University Promotion and Tenure Committee (UPTC) whose members shall not be appointed by the Committee on Committees but shall be elected by the faculty at large. The UPTC shall be responsible, subject to the approval of the Faculty Senate*, for deciding and promulgating reappointment, promotion and tenure policy for the university and for creating procedures for handling specific complaints or grievances concerning tenure and academic freedom.”

 15.0.2.10000 Faculty Appointments

15.0.2.11000 Definitions:

Tenured appointment.  A tenured appointment is an appointment of a university faculty member that may not be terminated except for cause, for reasons of financial exigency, or by resignation or retirement by the faculty member.  Tenure may be granted to all professors and associate professors, and to other members of the faculty in exceptional cases.  Tenure is granted only by specific faculty and administrative action as specified in policy.

Probationary appointment.  A probationary appointment is an appointment as assistant, associate, or, under extraordinary circumstances, professor during the period of service that precedes determination of tenure status.

15.0.2.20000 Recruiting and initial appointments

An initial appointment is an appointment granted to an individual who has not previously held a faculty appointment in the university in a tenure-track position.  An initial appointment may be probationary or with tenure. An initial probationary appointment is generally for three years; however, if an individual’s annual evaluation is insufficiently meritorious or if departmental financial circumstances dictate, a probationary appointment may be terminated by the Provost during that period, upon the recommendation of the Dean.  Faculty appointments shall be offered only in accordance with provisions and regulations of the University and with appropriate administrative approval.

Normally, faculty appointments may be made by the Provost only upon an affirmative recommendation at the departmental and college levels.  Under very extraordinary circumstances, appointments may be made by the University when institutional priorities outweigh departmental priorities.  Tenured appointments may be made in very extraordinary circumstances without departmental approval, as long as the appointed faculty member meets the tenure criteria for that department. Similarly, probationary appointments made without departmental approval must meet the hiring criteria for that department.  Faculty appointments require concurrence by the Dean and the Provost. If the appointment is to be divided among several departments, normally each must make an affirmative recommendation regarding the appointment, but one department must be designated as the primary department, and consequently, one College as the primary College.  The percentage of a divided appointment may be changed only by mutual agreement among the involved units, dean(s), and individual concerned.  The appointment must be at the same rank in each department.

15.0.2.32000 Maximum Probationary Period

The maximum probationary period is defined as the maximum amount of time a faculty member may be appointed in probationary ranks in the university.  This period shall be specified for each individual at the time of his or her initial appointment.  Except as otherwise stated in this and related sections of policy, the maximum probationary period is the equivalent of six years of full-time service in the university at the rank of assistant professor, or three years of full-time service in the university at the rank of associate or full professor. Each year of service at the rate of three-quarters time or greater shall be counted as a full year.

An approved leave of absence without pay is not calculated toward time spent in probationary service, in accordance with University policy on leaves without pay.

These provisions do not preclude a recommendation for the granting of tenure or a non-retention decision at any time prior to the expiration of the maximum probationary period.  Denial of early tenure will not preclude an opportunity to later apply for tenure within the probationary period.  In cases of terminations during the probationary period, the AAUP guidelines will be followed, unless otherwise provided in UNT policy.

In accordance with the provisions in Policy 15.1.2, certain time periods are excluded from the probationary period.  Requests for certain time periods to be excluded from the probationary appointment (which are sometimes construed as an extension of the maximum probationary period) shall be made prior to the beginning of the fifth year of the probationary period for assistant professors or prior to the beginning of the second year for associate or full professors, and during the year preceding the year to be excluded from the probationary period, unless an unforeseen and extraordinary circumstance occurs.  These requests must be made by the faculty member in a timely manner, as outlined in Policy 15.1.2.

Requests for the extension of the probationary period based on the nature of the duties of an appointment, and which therefore are not covered by Policy 15.1.2, shall be made prior to the time of initial appointment and, if approved, shall be specified in the initial letter of appointment or shall be submitted in writing at the time of a significant and substantial change in duties.  Such extensions of the maximum probationary period must be submitted to and approved by the Provost, upon recommendation of the Dean.  Only under extraordinary circumstances may the probationary period exceed six probationary years.

In cases in which a leave of absence or other period of exclusion from the probationary period is granted, the individual’s employment contract shall be extended by the same period as the leave or other exclusion.
Requests for time to be excluded from the probationary period (or so-called extensions to the probationary period) shall not be a substitute for grievance procedures. Grievances alleging unfair treatment or failure to follow policy and procedure requirements, which could potentially result in an extension of the probationary period, must be filed in accordance with Policy 15.1.2.

15.0.3.00000 Review of Probationary Appointments

15.0.3.10000 Second Year Review

Every department (or appropriate unit) must evaluate all tenure-track faculty during the second year; the evaluation must be presented to the candidate in writing in addition to a personal conference among the candidate, the department chair, and the department Reappointment, Promotion and Tenure Committee (RPTC) chair.  Under normal circumstances, this review is not forwarded to the Dean or the Provost for action, but a copy of the letter is provided.  The faculty member must either sign the Chair’s letter concurring with the review or may write a letter of dissent.

15.0.3.20000 Reappointment Review

All assistant professors on tenure track shall be reviewed for reappointment during the third year of the probationary period (the final year of the initial appointment). The recommendation from this review must be forwarded to the Dean and the Provost. If the review of the record indicates that further review may be needed, a fourth and/or fifth year review may be recommended. These fourth and/or fifth year reviews must comply with the procedures specified in Section 3.10000, with documentation of these reviews to be forwarded to the Dean and the Provost.
The criteria for reappointment are based on the criteria for tenure and promotion (see below, Section 4.00000).  For reappointment, an assistant professor must show evidence of promise for a successful tenure and promotion review during the course of the second probationary appointment.  The procedure for conducting the reappointment review is similar to that for the tenure and promotion review (see below, Section 6.00000), except that external review letters are not sought and the Provost’s decision is final.

15.0.3.30000 Denial of Reappointment

When the Provost denies reappointment to a tenure-track faculty member, that faculty member will receive a terminal contract for the following academic year; furthermore, during the course of the first or the second probationary appointment, upon recommendation of the supervisory Chair and/or Dean, the University may, at its discretion, issue a terminal contract.

15.0.3.40000 Choice of Tenure Criteria

A faculty member on a probationary appointment (eligible for tenure) may, unless otherwise specified in writing at the time of employment, choose the tenure criteria from any University tenure policy statement in force between the time of initial employment and the time when a determination of tenure status is made.

15.0.3.50000 Tenure Review

Each assistant professor shall be reviewed for tenure no later than during the course of the sixth year of the probationary period. An assistant professor will be granted tenure upon the recommendation of the Provost, with the concurrence of the President, and approval by the Board of Regents.  The procedure for conducting the tenure review is described in Section 6.00000. The granting of tenure will be accompanied by promotion to the rank of associate professor.

Each probationary associate or full professor shall be reviewed for tenure no later than during the course of the third year of the probationary period.  An associate professor will be granted tenure upon recommendation of the Provost, with concurrence of the President, and approval by the Board of Regents.  In the case of associate professors, promotion to professor may be granted concurrent with the granting of tenure but is not automatic and must be considered as a separate action. The procedures for conducting tenure and promotion reviews are described in Section 6.00000.

Any faculty member not granted tenure by the end of probationary period will be granted a terminal contract. (See Section 6.50000.)

15.0.4.00000 Criteria for the Granting of Tenure (and Promotion to Associate Professor)

The University of North Texas must be expected to improve with each personnel decision (to hire, to tenure, to promote), and, therefore, each decision must result in a progressively stronger faculty and a faculty dedicated to the mission and strategic goals of the institution.  Policies and criteria relating to promotion and tenure must be designed to support and enhance academic quality. These policies and criteria should be developed at the departmental level and should be agreed upon by the Dean and the Provost.  These policies and criteria must be communicated effectively in writing to the probationary faculty member at the time of appointment. The diligent application of these policies and related criteria should result in a growing reputation for academic excellence and national prominence. 

Recommendations for tenure, accompanied by promotion to associate professor, are based on the critical review of explicit evidence accumulated during the professional career to date, with particular emphasis on academic work accomplished during the probationary period at the University of North Texas.  Scholarly achievement must be of significance and must demonstrate a trend toward continual growth toward a national reputation.  The granting of tenure requires excellence in the functions of teaching, scholarly/creative activities, and professional service. Balance among these various activities may be expected to vary somewhat from one discipline to another and as a matter of departmental need; however, contributions in one area alone will not qualify an individual for tenure.  Specifically, scholarly/creative production of even extraordinary quality will not compensate for indifferent teaching; unusually effective teaching will not compensate for a lack in scholarly or creative accomplishments; excellence in service activities will not compensate for underperformance in either of the other two areas.   A recommendation for tenure will consider the record of excellent achievements in education and scholarship in the context of, and consistent with, levels expected at peer or aspirational peer programs.  Any recommendation for tenure, based on evidence of excellence, should also be based, so far as possible, on indications that the individual will continue to grow and develop professionally.  No recommendation for tenure will be made in case of any reasonable doubt.

A recommendation for tenure must carry with it the assurance, so far as can be determined, that the faculty member exhibits professional integrity; adheres to high standards of professional ethics; understands the nature of membership in a community of scholars and has the ability and desire to work as a member of a group while retaining all rights of individual expression; and demonstrates a sense of responsibility for the well-being of the University of North Texas and a commitment to work for the accomplishment of its goals.

15.0.5.00000 Criteria for Promotion §

Recommendations for promotion to full professor are based on the critical review of explicit evidence accumulated during the professional career to date, with particular emphasis on academic work accomplished during the appointment at the University of North Texas and during the tenure as associate professor.  A promotion to professor requires evidence of sustained excellence in the functions of teaching, research or other scholarly/creative activities, as well as professional service, sufficient for the achievement of a national or international reputation and recognition. Promotion will normally be considered after the individual faculty member has demonstrated excellence for a period of 5-8 years at the level of associate professor.  Service for this length of time is normally required so that a basis in actual performance of academic duties, sufficient to ascertain that the individual has attained national- or international-level stature, can be demonstrated.  A sufficiently strong record is required also so that a prediction can be made that continuous, long-term, and high-quality achievement will continue.  

^{‡ Individuals who have not previously done so (at the time of hiring by the University of North Texas) will be subject to a Criminal History Background Check. Successful passing of the Background Check is a requirement for employment at the University (see Policy on Faculty Criminal History Checks).}

^{§ Except as otherwise noted, in this section, promotion refers to promotion from associate to full professor.  Promotion to associate professor is awarded along with the granting of tenure and is covered in the preceding section.}

Balance among the various academic activities (teaching, scholarly/creative activities, service) is expected to vary somewhat from one discipline to another and as a matter of departmental need; however, contributions exclusively in one area will not qualify an individual for promotion.  Specifically, scholarly or creative production of even extraordinary quality will not compensate for a lack of quality in teaching; unusually effective teaching will not compensate for a lack of excellence in scholarly or creative accomplishments; excellence in service activities will not compensate for underperformance in either of the other two areas.  It is understood that work assignments within the departmental context will not have given each faculty member under consideration for promotion an equal opportunity for accomplishment in each area of academic work, but there must be evidence of excellence across duly constituted assignments. A recommendation for promotion, based on evidence of excellence, should also be based, so far as possible, on indications that the individual will continue to grow and develop professionally.

A recommendation for promotion must carry with it the assurance, so far as it can be determined, that the individual will continue to practice professional integrity and adhere to the highest standards of professional ethics; that the individual is a contributing member in the community of scholars and works well as a member of a group while retaining all rights of individual expression; and that the individual demonstrates responsibility for the well-being of the University of North Texas and a commitment to work for the accomplishment of its goals.

15.0.6.00000 Procedures

15.0.6.10000 Department and College Procedures

Department and College recommendations concerning the renewal of probationary appointments and/or the granting of tenure and/or promotion shall be prepared according to a schedule developed by the Provost. The Provost must make a recommendation and notify the candidate in writing by March 7th. (If March 7th falls on a Saturday or Sunday, the deadline for the Provost’s recommendation will be the following Monday.) The reappointment, tenure, and promotion processes involve review of a dossier. Each dossier must include those materials required by policy and may include other materials as required by individual departments or Colleges.

15.0.6.20000 External Reviewers

For tenure and promotion reviews (but not for reappointment reviews) the dossier will contain letters from external reviewers.  These reviewers, who will be asked to provide a professional assessment of the candidate for tenure and/or promotion, should be contacted by the department with sufficient time to allow for the careful review of the candidate’s materials. External reviewers are chosen by the Chair and the departmental RPTC.

External reviewers must hold the rank at or above the rank to which the candidate aspires.  Approximately half of the individuals asked to serve as external referees should be selected from a list provided by the candidate. The other external reviewers should be selected by the RPTC and the Chair.  Any external reviewer who does not meet the aforementioned criteria must be approved by the Dean prior to being solicited.  Candidates for tenure and/or promotion have the right to exclude individuals from service as reviewers who they believe are not able to provide a fair and unbiased assessment, and may add to their list of recommended reviewers a list of such individuals to be excluded along with the reasons for the requested exclusion.  All duly solicited external letters that are received by the department will be included in the dossier; no unsolicited letters will be included.  For each external letter in the dossier, an explanation must be given regarding (a) the author’s relevant expertise to serve as a reviewer and (b) the author’s connection, if any, to the candidate under review.

Once the dossier has been sent to the external reviewers, it is considered closed and nothing may be added, except in the highly unusual case in which a scholarly/creative work, submitted for review prior to the closing of the dossier, receives final and unconditional acceptance and such acceptance could reasonably be construed to change a negative recommendation to a positive recommendation.  In such cases, if the Provost has yet to render his or her recommendation, the Provost, after consulting with the department Chair, may reopen the dossier and add the new material.  If the dossier is reopened, departmental and college-level evaluators will be afforded the opportunity to revise any prior negative recommendation, based upon the new material.

15.0.6.30000 Dossier

The dossier is described in Section 7.00000

15.0.6.31000 Review of the Dossier

6.31100 Review of the Dossier by the Department

The dossier (as defined below) and all evidentiary materials (as determined by the department and candidate) for the candidate being reviewed for reappointment, tenure, and/or promotion will first be considered by the department RPTC.  Each department shall develop a procedure as defined by the departmental charter and/or by-laws for the selection of members to the RPTC.  After reviewing the dossier, the RPTC must notify the candidate if the RPTC is considering writing a negative recommendation.  The candidate has the right to request a meeting to discuss his or her case with the chair of the RPTC within 5 calendar days of this notification.  The RPTC will make a written affirmative or negative recommendation to the department Chair.  This document, which must be dated and signed by all members of the RPTC, will provide a full and frank explanation regarding their recommendation.  The RPTC report may include a minority discussion in addition to the majority recommendation.

The dossier, including the report from the RPTC, is then reviewed by the department Chair. After reviewing the dossier, the department Chair must notify the candidate if he or she is considering writing a negative recommendation.   The candidate then has the right to request a meeting to discuss his or her case with the department Chair within 5 calendar days of this notification.  Based on the dossier, the department Chair makes a full and frank recommendation in writing to the Dean, which must be signed and dated.  Once the department Chair prepares a recommendation, along with the dossier that contains the RPTC letter, and these are ready to be transmitted to the Office of the Dean, the department Chair will inform the candidate, in writing, of the department-level recommendations (affirmative or negative).  In the case of a negative recommendation by either the RPTC or the department Chair, the department Chair must provide a succinct and explicit written explanation to the candidate for the negative recommendation.

Those who receive a negative recommendation from either the department RPTC or the department Chair have the right to insert into their tenure dossier, before it is transmitted to the college, a letter disputing that recommendation within 3 calendar days of being notified.  

6.31200 Review of the Dossier by the College

At the College level, the dossier (complete with letters from the RPTC and the Chair) will be reviewed by a duly constituted committee of faculty members from the College (the College RPTC), according to its charter and/or by-laws.  Each College shall develop a procedure for the selection of members of the College RPTC.  The dossier that is forwarded to the College must contain those items described below in section 7.00000 on the required elements of the dossier. This committee may, if it deems necessary, request materials not included in the officially transmitted dossier but that have been reviewed by the department RPTC, such as teaching evaluations or publications.  After reviewing the dossier, the College RPTC must notify the candidate if it is considering writing a negative recommendation.  The candidate then has the right to request a meeting with the chair of the college RPTC within 5 calendar days of this notification. Upon review of the dossier, the College RPTC will make a written recommendation to the Dean. This recommendation, to be dated and signed by all members of the RPTC, will provide context and discussion, and must make either an affirmative or negative recommendation. The College RPTC report may include a minority discussion in addition to the majority recommendation.  This Committee may also comment on matters of process as they may be evident in the earlier reviews.

The Dean next reviews the dossier, including the letter from the College RPTC.  After reviewing the dossier, the Dean must notify the candidate if he or she is considering writing a negative recommendation.   The candidate then has the right to request a meeting with the Dean within 5 calendar days of this notification.  If the Dean does not concur with the college RPTC, the reasons for non-concurrence must be stated in writing. 

Based on the dossier, and perhaps further documentation requested from the Chair, the Dean makes a recommendation in writing to the Provost.  Once the Dean’s recommendation is ready to be transmitted to the Office of the Provost, the Dean will inform the faculty member, in writing, with a copy to the Chair of the department, of the College recommendations (affirmative or negative).  In the case of a negative recommendation, the Dean’s letter must provide a succinct and explicit explanation for the negative recommendation.  Those candidates who receive a negative recommendation, from either the College RPTC or the Dean, have the right to insert into their tenure dossier, prior to its being transmitted to the Provost, a letter disputing that recommendation within 3 calendar days of being notified.

6.31300 Review of Dossier by Provost

Upon review of the dossier, including all letters, the Provost makes a decision on whether to reappoint a probationary faculty member being reviewed for reappointment, or makes a recommendation to the President on whether to grant tenure and promotion to a faculty member being reviewed for tenure, or whether to grant promotion to a tenured associate professor.  The Provost, at his or her discretion, may request a meeting with the Dean and/or request further documentation about aspects of the faculty member’s dossier before making a recommendation (or decision in the case of reappointment).

Notification of the recommendation is transmitted, in writing, to the faculty member by the Provost.  If the Provost’s recommendation is negative, the Provost’s letter must indicate the reasons for this recommendation.  Recommendations for tenure are sent to the President.  The President then transmits his or her recommendations for tenure to the Board of Regents. Approvals of positive recommendations become official upon action of the Board and at the beginning of the academic year following approval.  A candidate not receiving a positive recommendation on tenure by the end of the probationary period shall receive a terminal contract for the academic year following the President’s final decision

15.0.6.40000 Due Process in Case of Negative Decisions

Upon notification by the Provost of a negative decision regarding reappointment or a negative recommendation regarding tenure or promotion, the candidate may submit a request for appeal of the decision to the President to be heard by the UPTC.  The request for an appeal must be submitted to the President, in writing, no later than 10 calendar days after written receipt of the negative recommendation.  If an appeal has been filed, the candidate will be afforded immediate access to his or her full tenure dossier.

Upon receipt of the request for appeal, the UPTC, following its own duly constituted procedures as outlined in its by-laws in Policy 15.1.1, will hear the candidate’s appeal regarding the reappointment, tenure and/or promotion decision.  The result of the UPTC’s deliberation will be communicated in writing to the President, with a copy to the Provost. 

The President will review the recommendation of the UPTC, the recommendation of the Provost, the dossier, and other such materials as he or she deems necessary.  At his or her discretion, the President may call a committee of senior faculty members or other qualified consultants to provide advice.

The President must notify the candidate in writing of his or her decision, with a copy to the UPTC and the Provost, within 30 days of the receipt of the recommendation from the UPTC.

15.0.6.50000 Terminal Contracts

If a candidate receives a negative recommendation for tenure from the Provost and the candidate decides not to appeal the Provost's recommendation, the candidate will receive a terminal contract for the academic year following the academic year in which the Provost’s recommendation occurs. If the candidate receives a negative recommendation for tenure from the Provost and the candidate appeals to the UPTC and the President still denies tenure, the candidate will receive a terminal contract for the academic year following the academic year in which the President issues a tenure denial letter to the candidate.

15.0.7.00000 The Official Dossier

The official dossier for reappointment, tenure, and promotion must contain

1. University Information Form (provided by Office of the Provost)
2. Complete, current CV
3. Self evaluation, personal narrative (not to exceed 750 words)
4. Department Promotion and Tenure Requirements
5. Cumulative results of annual evaluations (provided by department Chair)
6. Summary evaluation of teaching effectiveness, including statistical summaries of student evaluation of teaching, interpretative comment on the statistical summaries, and other evidence of student learning (provided by the department Chair)
7. External referee letters (at least 5 for tenure and promotion to associate professor, at least 5 for promotion to full professor).  Under unusual circumstances, and with prior approval of the Dean and Provost, fewer letters may be acceptable.  As noted above, all solicited letters received must be included.  No letters are required for reappointment reviews.
8. Reviewer  information form
9. Recommendation of department RPTC
10. Recommendation of department Chair
11. Recommendation of college RPTC
12. Recommendation of Dean
13. Additional letters of dissent from faculty member under review (if applicable, and if duly added to dossier in timely fashion) as discussed in Sections 6.31100 and 6.31200

15.0.8.00000 Hearing by the UPTC

15.0.8.10000 If a candidate desires a hearing before the UPTC regarding a negative recommendation for reappointment, promotion, or tenure, he or she shall write to the President of the university within 10 calendar days of the Provost’s negative recommendation for tenure, indicating the grounds for appeal.  The President must immediately notify the UPTC of the candidate’s request for a hearing. The hearing will be conducted by the UPTC at a time suitable to the parties concerned within a period of no later than 30 calendar days after the request is made by the faculty member. 

15.0.8.20000 The UPTC shall make explicit findings on each of the grounds presented and shall submit a detailed written report to the President and the faculty member simultaneously.  If the committee concludes that adequate cause for denial of tenure has not been demonstrated, it will so report to the President.  If the President rejects this conclusion, he or she will state the reasons in writing to the committee and the faculty member and will provide an opportunity for response from the UPTC before a final decision is reached.

8.21000 Minority opinions may be filed with the UPTC report.

8.22000 A verbatim record of the hearing will be made, and a typewritten copy, which includes the conclusions and recommendations of the committee, together with any minority opinions, will be made available to the faculty member without cost, at his or her request.

8.23000 If the candidate is being denied tenure, the faculty member will receive his or her salary for at least one year or for the period of notice to which he or she is entitled under these regulations. The faculty member will be continued in his or her duties for that period, unless it is the finding of the President that the faculty member is legally eligible for a leave of absence
with pay and that such leave is in the best interest of the University.

8.24000 By mutual consent of the parties, no public statements may be made concerning the case; however, in any event, public statements shall be avoided so far as possible until the proceedings have been concluded. It is to be hoped that neither the University nor the faculty member shall use the result of these proceedings in any manner whatsoever which may bring ridicule, shame, or injury upon the party or upon the University.