VI. Maintenance of Tenure

A. Policy Statements on the maintenance of Tenure

Listed below are The University’s policies on (a) the release of tenured faculty members; (b) faculty members assigned to an administrative position; (c) the prohibition of demotion in faculty rank; and (d) the applicability of a leave of absence to the probationary period for tenure:

1. Termination of Tenure

   If a tenure appointment is terminated because of a demonstrable University financial exigency or the elimination or reduction of an academic area, the released faculty member's place will not be filled by a replacement within a period of three years, unless the released faculty member has been offered re‐appointment and has declined it.

2. Faculty Member Serving as an Administrator

   A faculty member assigned to an administrative position does not have tenure in that position, but will retain tenure in his/her academic rank if he/she had been awarded it before taking the administrative assignment or acquired it during his/her service in an administrative position.

3. Policy Prohibiting Demotion in Rank

   A faculty member who holds a tenured appointment in one academic rank will under no circumstances be demoted to a lower rank. The position of “department chair” or “coordinator” is not an "academic rank.”

4. Leave of Absence and the Probationary Period

   A leave of absence may be counted as part of the probationary period toward tenure only with the written approval of the provost.

5. Extension of the Tenure Clock for New Parent or Caregiver, or for Personal Medical Reasons

   Upon the written request of a tenure-track faculty member, that faculty member’s tenure-track service may be extended for the following reasons:

   1. On the occasion of the birth of the faculty member's son or daughter or placement of an adoptive/foster son or daughter with the faculty member, as those terms are defined under the Family and Medical Leave Act (FMLA).
   2. To care for a spouse, son, daughter, or parent who has a serious health condition, as defined under the Family and Medical Leave Act, where the circumstances have had or are likely to have a substantial negative impact on the faculty member’s ability to work over an extended period of time; or
   3. For a serious health condition that makes the faculty member unable to perform the essential functions of his or her position, as defined under the Family and Medical Leave Act, where the circumstances have had or are likely to have a substantial negative impact on the faculty member’s ability to work over an extended period of time.

To make a request under subparagraph (a), the faculty member must make a written request for extension and provide a copy of the notice of FMLA certification of leave (if such a request was made). If the faculty member has not requested leave for this event, he or she shall submit the required documentation to the Office of Human Resources who will determine whether this is an FMLA-qualifying event. The faculty member is not required to take leave for the event, but he or she shall provide the response from the Office of Human Resources along with the written request for extension to the department chair, dean, and provost. Upon receipt of this written request and certification from the Office of Human Resources of an FMLA-qualifying event, the faculty member shall be automatically provided an extension of one year per qualifying event. However, multiple placements or births in a single calendar year shall be treated as one qualifying event.

To make a request under subparagraph (b) or (c), the faculty member must make a written request for extension and provide a copy of the notice of FMLA certification of leave (if such a request was made). If the faculty member has not requested leave for this event, he or she shall submit the required documentation to the Office of Human Resources who will determine whether this is an FMLA-qualifying event. The faculty member is not required to take leave for the event, but he or she shall provide the response from the Office of Human Resources along with the written request for extension to the department chair, dean, and provost. (The faculty member shall not provide any medical documentation to the department chair, dean, or provost. This documentation is provided only to the Office of Human Resources.). Upon receipt of the written request and certification from the Office of Human Resources of an FMLA-qualifying event, the provost will grant an extension of one year at a time per written request if he or she determines that the circumstances have had or are likely to have a substantial negative impact on the faculty member’s ability to work over an extended period of time. If the faculty member seeks additional time for a qualifying event under subparagraphs (b) or (c) after the initial request has been granted, he or she shall make another written request, which will be determined in accordance with this procedure.

The notification of birth or adoption/foster placement for subparagraph (a) and the request for extension for subparagraphs (b) and (c) must be made in writing within one year of the qualifying event and no later than June 30 preceding the year a final decision would otherwise be made on an appointment with indefinite tenure for that faculty member.

The probationary period may be extended for no more than three (3) years total regardless of the length of the probationary appointment or the number or extent of the qualifying events.

This policy in no way affects the ability of faculty to take leave pursuant to the University’s FMLA policy or to receive benefits under the University’s disability policies. There is no requirement for faculty to take leave to receive benefits under this policy. However, to receive benefits of this policy, a faculty member must have an FMLA event as determined by the Office of Human Resources.

A request for an extension under subparagraphs (b) or (c) will not be denied without first providing the faculty member making the request with an opportunity to discuss the request in a meeting with an administrator designated by the provost. A claim that a request for an extension under provision (b) or (c) was improperly denied may be considered in a subsequent review by the Faculty Hearing Committee. (updated 4/5/16)

B. Revocation of Tenure

1. Revocation for Cause

   Revocation of tenure may occur for cause. Adequate cause involves the moral turpitude, incompetence, or felony conviction of the faculty member in his/her professional capacities as a teacher, adviser, or researcher/scholar/creative person.

2. Tenure Revocation Process

   Termination of a tenure appointment for cause will be preceded by a statement of specific reasons and by an opportunity to be heard by the Hearing Committee provided that the faculty member makes a written request to the chair of the Hearing Committee within thirty days of the receipt of notice.

3. The Role of the Hearing Committee in Tenure Revocation
   1. When a hearing on the revocation of tenure is requested by a faculty member, the Hearing Committee is convened.
   2. The hearing will be held within a reasonable period of time, and the following procedures will be observed.
      1. The Hearing Committee will establish that the faculty member concerned has been fully informed in writing as to the cause of separation
      2. He/she will be given the opportunity to be heard in his/her own defense.
      3. The testimony of witnesses will be taken and cross-examination permitted.
      4. He/she will be permitted to have an advisor but not an attorney present at all proceedings before the Hearing Committee. Though the testimony of witnesses may be taken and cross-examination permitted, the proceedings are to be construed as collegial rather than legal.
      5. At the request of the chair of the Hearing Committee, the provost and the president may provide testimony but may not otherwise participate
      6. If a faculty member’s competence to perform his or her duties is in question, the testimony may include that of a qualified teacher from this or other institutions of higher learning.
      7. An audio tape of all proceedings before the Hearing Committee will be kept and transmitted to the Office of the President.
      8. The decision of the Hearing Committee will be transmitted in writing to the faculty member concerned and to the provost and the president.
      9. The provost and the president will be bound by the decision of the Hearing Committee and will notify the members of the Hearing Committee and the faculty member concerned of the action to be taken in carrying out the decision.
      10. The Hearing Committee will be limited to a period of thirty (30) days for its deliberations and the transmittal of its decision by registered mail or certified mail to the faculty member concerned.
   3. A majority vote of the Hearing Committee will be regarded as the decision of the committee, and no minority report may be filed. The decision of the Hearing Committee will serve as a recommendation to the Board of Trustees.
   4. Until the decision of the Hearing Committee has been reached, the faculty member will be suspended only if there is danger of harm to self or others as a result of his/her continuance. If the contract is terminated, the faculty member will receive his/her salary for at least the period of notice to which he/she is entitled under University regulations. He/she will be continued in his duties for that period unless personal welfare or the interest of the University requires a leave of absence with pay; except in cases where his/her employment contract is terminated for cause, no salary will be paid after the effective date of the termination of the contract.

C. Other Faculty Grievances Related to Dismissal

The dismissal of a faculty member prior to expiration of a limited appointment or the non‐renewal of a probationary appointment with less advance notice than that specified in these regulations may be grieved through the faculty grievance process described in Chapter Five of this Handbook.