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Changes in Tenure and Tenure-Track Status

Non-renewal of Probationary, Tenure-track Faculty

When tenure-track appointments of faculty are not to be renewed, the faculty member shall receive notice of his or her non-retention for the ensuing academic year as follows:

  • Not later than April 1 of the first academic year of service, if the appointment expires at the end of that year; or, if the appointment terminates during an academic year, at least two months prior to its termination.
  • Not later than January 1 of the second year of service, if the appointment expires at the end of that year; or, if the appointment terminates during an academic year, at least five months prior to its termination.
  • Not later than the close of the academic year preceding the third or subsequent year of service, if the appointment expires at the end of that year; or, if the appointment terminates during an academic year, at least twelve months prior to its termination. Notice of non-renewal shall be effective upon delivery of the notice to the faculty member, or upon the date the notice is mailed, postage prepaid, to the faculty member at his or her current address of record at the college. Applicable dates for notice of non-renewal are based upon the actual years of service at JSCC and are in no way affected by any credit for prior service that may be awarded.

When a faculty member in a tenure-track appointment completes his or her probationary period, the faculty member will be given notice of non-renewal of the appointment during the spring term following application for such status. Such notice of non-renewal should be given not later than the final day of the academic year. The faculty member’s rights in an instance where timely notice is not given is described in TBR policy.

Faculty members on tenure-track appointments shall not be terminated during the term of the annual appointment as stated in the employment contract except for reasons that would be sufficient for the termination of tenured faculty.

The non-renewal or non-reappointment of any faculty member on a tenure-track appointment does not necessarily carry an implication that his or her work or conduct has been unsatisfactory.

Unless there is a violation of state or federal law under the limitations described in the TBR Policy on Appeals (1:02:11:00), decisions that are not subject to appeal to the chancellor include (a) non-renewal of a tenure-track faculty appointment during the first five years of the probationary period, and (b) denial of tenure unaccompanied by notice of termination in the sixth year of the probationary period.

Transfer of Tenure

A faculty member who is tenured in an academic program unit may be transferred to another academic program unit. In such cases, the transfer will be made with tenure; moreover, the tenure appointment will be transferred to the new academic program unit. In no instance may the faculty member be compelled to relinquish tenure as a condition for effecting the transfer.

When a faculty member with tenure is appointed to an administrative position, he or she will retain tenure in the former faculty position only, and a faculty member otherwise eligible for tenure who also holds a non-faculty position may be awarded tenure in the faculty position only, subject to the requirements of this policy.

Expiration of Tenure

Tenure status shall expire upon retirement of the faculty member. Tenure shall also expire in the event of permanent physical or mental inability of a faculty member, as established by an appropriate medical authority, to continue to perform his or her assigned duties.

Relinquishment of Tenure

A faculty member shall relinquish or waive his or her right to tenure upon resignation from the college or upon failure to report for service at the designated date of the beginning of any academic term, which shall be deemed to be a resignation unless, in the opinion of the president, the faculty member has shown good cause for such failure to report.

Termination of Tenure for Reason of Financial Exigency

The employment of a tenured faculty member may be terminated as a result of financial exigency at the college subject to TBR declaration that such financial conditions exist. See TBR Policy on Financial Exigency (5:02:06:00).

Termination of Tenure for Curricular Reasons

The employment of a tenured faculty member may be terminated because (1) an academic program is deleted from the curriculum or (2) because of substantial and continued reduction of student enrollment in a field or discipline.

Before declaring that curricular reasons exist, the president will ensure meaningful participation by the college’s Faculty Council (representative faculty body) in identifying the specific curricular reasons, evaluating the long-term effect on the college’s curriculum and its strategic planning goals, and judging the advisability of initiating further action.

Prior to initiating the process described below, the president will present – either verbally or in writing – a description of curricular reasons that may warrant the termination of a tenured faculty member’s employment to the Faculty Council. Each of these reasons for termination of tenure for curricular reasons must denote shifts in staffing needs that warrant greater reductions than those which are accommodated annually in light of shifting positions from one department to another or among colleges to handle changing enrollment patterns (see Definitions, below).

The Faculty Council will have the opportunity to respond in writing to the president within two weeks prior to the action described below being initiated.

Process for Termination of Tenure for Curricular Reasons

Upon determining that termination of employment of one or more tenured faculty members is required for one or more of the two reasons cited above, the president shall furnish each faculty member whose employment is to be terminated a written statement of the reasons for the termination. Those reasons shall address fully the curricular circumstances that warranted the termination and shall indicate the manner and the information upon which the decision was reached regarding which faculty member’s employment would be terminated. The president’s written statement shall also indicate that the faculty member has the opportunity to respond in writing stating any objections to the decision.

If the faculty member(s) whose employment is to be terminated indicate(s) objections to the president’s written statement(s) and request(s) a review, the president will appoint a faculty committee consisting of a minimum of five tenured faculty members from a slate of ten tenured faculty members proposed by the Faculty Council. The committee shall conduct a hearing on the proposed termination(s). The committee shall report its findings and recommendations to the president, who shall in a reasonable time, inform the faculty member(s) whose employment is proposed for termination in writing either that the decision for termination stands or that it has been altered.

The president’s decision to terminate a tenured faculty member’s employment for curricular reasons is subject to appeal to the Chancellor and TBR as provided in TBR Policy 1:02:11:00.

When a tenured faculty member’s employment is terminated for curricular reasons, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years unless the terminated faculty member has been offered, in writing, reappointment to the position at his or her previous rank, tenure, and salary (with the addition of an appropriate increase which, in the opinion of the president, would constitute the raise that would have been awarded during the period that he or she was not employed).

Upon determining that a termination of employment of one or more tenured faculty members is warranted for curricular reasons, the president shall base his or her decision about which faculty member(s) employment should be terminated upon his or her assessment as to what action would least seriously compromise the educational programs in a division.

Termination for curricular reasons presumes a staffing pattern in an academic program unit that cannot be warranted either by comparison with general load practices within the college or by comparison with faculty loads in comparable departments or academic program units at similar colleges. In that light, the president shall also, at his or her discretion, base his or her decision on a careful assessment of the impact on staffing requirements in the academic program unit as compared to overall patterns in the college and to comparable academic program units.

Unless the president demonstrates that an exception should be made to minimize qualitative compromise of an educational program, the following considerations should guide the president in determining the order of faculty reductions in an academic program unit where termination of tenured faculty is proposed for curricular reasons. These considerations should not be construed as being mandatory:

  1. Part-time faculty appointments should not be renewed if tenured faculty positions are terminated.
  2. Temporary, term, or tenure-track faculty appointments in the probationary period should not be renewed if tenured faculty positions are terminated.
  3. Among tenured faculty, those with higher rank should have priority over those with lower rank.
  4. Among tenured faculty with comparable rank, those with appropriate higher academic degrees should have priority over those with lower degrees.
  5. Among tenured faculty with comparable rank and comparable degrees, those with greater seniority in rank should normally have priority over those with less seniority.

The president will have the discretion to deviate from this policy if he or she can demonstrate that the quality of the college’s programs will be negatively impacted by strict adherence to this seniority preference.

When a tenured faculty member’s employment is to be terminated for curricular reasons, the president will make every possible effort to relocate the tenured faculty member in another existing vacant position for which he or she is qualified. In instances where, in the opinion of the president, relocation within the college is a viable alternative, the college has an obligation to make significant effort to relocate the faculty member, including the bearing of reasonable retraining costs. The final decision on relocation is within the discretion of the president.

Definitions

 “Program is deleted from the curriculum” means that TBR takes formal action to terminate a degree major, concentration, or other curricular component and that such termination eliminates or reduces need for faculty qualified in that discipline or area of specialization.

“Substantive and continued reduction of student enrollment in a field” means that over a period of at least three years, student enrollment in a field has decreased at a rate in considerable excess of that of the college as a whole and

that such reduction has resulted in faculty-student ratios that in the opinion of the president cannot be warranted either by comparison with equivalent faculty load practices within the college or by comparisons with faculty loads in comparable departments or academic program units at similar colleges which the president would deem to be appropriate for comparison.

Termination for Adequate Cause

Reasons for Termination for Adequate Cause

A faculty member with tenure or a faculty member on a tenure-track appointment, term, or temporary appointment prior to the end of the term of appointment may be terminated for adequate cause, which includes the following:

Incompetence or dishonesty in teaching or research.

Willful failure to perform the duties and responsibilities for which the faculty member was employed; or refusal or continued failure to comply with the policies of the Board of Regents, the college, or the department; or to carry out specific assignments, when such policies or assignments are reasonable and non- discriminatory.

Conviction of a felony or a crime involving moral turpitude.

Improper use of narcotics or intoxicants, which substantially impairs the faculty member’s fulfillment of his or her college duties and responsibilities.

Capricious disregard of accepted standards of professional conduct.

Falsification of information on an employment application or other information concerning qualifications for a position.

Failure to maintain the level of professional excellence and ability demonstrated by other members of the faculty in the department or academic program unit of the college.

Procedures for Termination for Adequate Cause

Termination of a faculty member with a tenure appointment or with a tenure-track or temporary appointment prior to the annual specified term of the appointment shall be subject to the following procedures. No termination shall be effective until steps d. through j. below have been completed.

A faculty member may not be suspended pending completion of steps d. through j. unless it is determined by the college that the faculty member’s presence poses a danger to persons or property or a threat of destruction to the academic or operational processes of the college. Reassignment of responsibilities is not considered suspension; however, the faculty member must be reassigned responsibilities for which he or she is qualified.

In any case of suspension, the faculty member shall be given an opportunity at the time of the decision or immediately thereafter to contest the suspension; and, if there are disputed issues of fact or cause and effect, the faculty member shall be provided the opportunity for a hearing on the suspension as soon as possible, at which time the faculty member may cross examine his or her accuser, present witnesses on his or her behalf, and be represented by an attorney. Thereafter, whether the suspension is upheld or revoked, the matter shall proceed pursuant to these procedures.

Except for such simple announcements as may be required concerning the time of proceedings and similar matters, public statements and publicity about these proceedings by either the faculty member or administrative officers will be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Regents.

Upon a recommendation by the chief academic officer of the college to the president or upon a decision by the president that these procedures should be undertaken in consideration of the termination of a tenured faculty member, one or more appropriate administrators shall meet privately with the faculty member for purposes of attempting to reach a mutually acceptable resolution of the problems giving rise to the proposed termination proceedings.

If a mutual resolution is not reached under step d. the president shall appoint a faculty committee consisting of tenured faculty members, whose appointments should be, but are not required to be, agreed to by the faculty member. The faculty committee shall conduct an informal inquiry of the facts giving rise to the proposed termination and seek a mutually acceptable resolution. Should no such resolution be reached, the committee shall recommend to the president whether in its opinion further proceedings should be taken in pursuit of the termination. The recommendation shall be in writing and shall be accompanied by reasons for the recommendation. The committee’s recommendation shall not be binding on the president.

If no mutually acceptable resolution is reached through step e. and/or if after consideration of the faculty committee’s recommendation the president determines that further proceedings are warranted to consider termination, the following steps shall be taken:

The faculty member shall be provided with a written statement of the specific charges alleged by the college which constitute grounds for termination and a notice of hearing specifying the time, date, and place of the hearing. The statement and notice must be provided at least twenty (20) days prior to the hearing. The faculty member shall respond to the charges in writing at least five (5) days prior to the hearing. The faculty member may waive the hearing by execution of a written waiver.

A committee consisting of members of faculty or faculty and administration shall be appointed to hear the case and to determine if adequate cause for termination exists according to the procedure hereinafter described. The committee shall be appointed by the president and the Faculty Council with each party appointing four members. The committee may not include any member of the faculty committee referred to in step e. above. Members deeming themselves disqualified for bias or interest shall remove themselves from the case, either at the request of a party or on their own initiative. Members of the committee shall not discuss the case outside committee deliberations and shall report any ex parte communication pertaining to the hearing to the committee chairperson, who shall notify all parties of the communication.

The hearing committee shall elect a chairperson who shall direct the proceedings and rule on procedural matters, including the granting of reasonable extensions of time at the request of any party and upon the showing of good cause for the extension.

The chairperson of the hearing committee may in his or her discretion require a joint pre-hearing conference with the parties that may be held in person or by a conference telephone call. The purpose of the pre-hearing conference should include but is not limited to one or more of the following:

  1. Notification as to procedure for conduct of the hearing.
  2. Exchange of witness lists, documentary evidence, and affidavits. iii. Define and clarify issues.
  3. Effect stipulations of fact.

A written memorandum of the pre-hearing conferences should be prepared and provided to each party.

A hearing shall be conducted by the hearing committee to determine whether adequate cause for termination of the faculty member exists. The hearing shall be conducted according to the procedures below.

  1. During the hearing, the faculty member will be permitted to have an academic advisor present and may be represented by legal counsel of his or her choice.
  2. A verbatim record of the hearing will be taken and a copy will be made available to the faculty member, upon request, at the faculty member’s expense.
  3. The burden of proof that adequate cause exists rests with the college and shall be satisfied only by clear and convincing evidence in the record considered as a whole.
  4. The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration will cooperate with the committee in securing witnesses and making available documentary and other evidence.
  5. The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witnesses cannot or will not appear, but the committee determines that the interests of justice require admission of their statements, the committee will identify the witnesses, disclose their statements, and, if possible, provide for interrogatories. An affidavit may be submitted in lieu of the personal appearance of a witness if the party offering the affidavit has provided a copy to the opposing party at least ten (10) days prior to the hearing and the opposing party has not objected to the admission of the affidavit in writing within seven (7) days after delivery of the affidavit, or if the committee chairperson determines that the admission of the affidavit is necessary to ensure a just and fair decision.
  6. In a hearing on charges of incompetence, the testimony shall include that of qualified faculty members from the college or other universities of higher education.
  7. The hearing committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available.
  8. The findings of fact and the report will be based solely on the hearing record.
  9. The president and the faculty member will be provided a copy of the written committee report. The committee’s written report shall specify findings of fact and shall state whether the committee has determined that adequate cause for termination exists and, if so, the specific grounds for termination found. In addition, the committee may recommend action less than dismissal. The report shall also specify any applicable policy the committee considered.

After consideration of the committee’s report and the record, the president may in his or her discretion consult with the faculty member prior to reaching a final decision regarding termination. Following his or her review, the president shall notify the faculty member of his or her decision which, if contrary to the committee’s recommendation, shall be accompanied by a statement of the reasons. If the faculty member is terminated or suspended as a result of the president’s decision, the faculty member may appeal the president’s action to the chancellor pursuant to TBR Policy 1:02:11:00.

Review of the appeal shall be based upon the record of hearing. If upon review of the record, the chancellor notes objections regarding the termination and/or its proceedings, the matter will be returned to the president for reconsideration, taking into account the state objections, and, at the discretion of the president, the case may be returned to the hearing committee for further proceedings.