Tenure (E-50A)

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Tenure (E-50A)

Original Implementation: April 27, 1970 & April 3, 1979
Last Revision: July 15, 2008

General Provisions

For purposes of this policy:

"Tenure" means the entitlement of a faculty member who holds academic rank as defined in policy E-1A, Academic Appointments and Titles to continue in his/her academic position unless dismissed for good cause.
"Department/School" (referred hereafter as department) is a subdivision of a college/library (hereafter referred to as college).
"Academic Chair/Director of the Department" (referred hereafter as department chair) is the academic administrator immediately responsible for the department.
"Tenure Review Portfolio" (referred to hereafter as portfolio) as used in this policy shall be defined as a set of verifiable materials showing evidence of a candidate's fitness for tenure. The portfolio should contain a succinct, substantive, cumulative and relevant record of a candidate's performance during the probationary review period.

Tenure is awarded by the institution according to established procedures after an appropriate probationary period on the basis of meritorious performance in teaching, research and/or scholarly/creative accomplishment and service. Faculty members who have not been granted tenure by the Board of Regents shall not be entitled to tenure by virtue of being employed at the university past the probationary period. Tenure shall normally be restricted to full-time faculty members who have earned the highest academic degree customarily awarded in their field of study; exceptions to this rule may be granted by the provost and vice president for academic affairs (VPAA).
This tenure policy establishes a system of procedures to be used for tenure in all academic units of the university. Each college and its departments of the university shall also establish its own written policies governing its tenure decision-making procedures which are consistent with this policy.
The university tenure policy relies upon several principles:

Recommendations for granting or denying tenure shall be based on a verifiable record of performance.
The required content of the portfolio and the departmental criteria shall be known by the candidate and the reviewers.
While variation related to the nature of the candidate's activity is expected, the content of the portfolio should conform to the same criteria for all candidates in the same department.
Tenure procedures must be applied consistently to all candidates within a college.
Each person in the review process has a professional responsibility to treat information that evaluates another's work as confidential unless otherwise required by law.
Unconfirmed allegations of misconduct made against a candidate during the tenure review process shall not be considered by the reviewers; confirmed professional misconduct that occurred during the probationary period is a valid consideration for reviewers.

Appointments

With the exception of special appointments clearly limited to a brief association with the university and reappointments of retired faculty members on special conditions, all full-time appointments to the rank of instructor or above are of two kinds: probationary or tenured.

Appointments with tenure require that prior to the appointment, the appointee successfully complete the procedure for granting tenure at this university. A probationary faculty member's tenure status and years of credit for probationary service will be specified in the initial appointment letter along with any conditions.
Probationary appointments are subject to annual renewal.

Beginning with full-time appointment to the rank of instructor or above, the probationary period for a faculty member shall not exceed six years at this university, including within this period credit granted for appropriate full-time service in all institutions of higher education.
The portfolio must be submitted in the fall semester of the final year of probationary service unless permission is granted by the provost and VPAA for earlier submission.
At the discretion of the university, prior full-time service at another university of normally no more than two years, but a maximum of three years, may be counted toward fulfillment of the required probationary period for tenure, and must be determined at the time of initial appointment to a tenure-track position.
Scholarly leave of absence (those related to reasons 1, 2, 3, and 4 of policy E-29A, Leave of Absence [Faculty]) will count as part of the probationary period unless the candidate and the institution agree in writing to an exception to this provision at the time the leave is granted.
Periods during which a faculty member is on leave of absence for one semester or more due to health related issues or national guard service (see policy E-29A, Leave of Absence [Faculty]) shall not be counted toward fulfillment of the required probationary period unless the candidate and the institution agree in writing to an exception to this provision at the time the leave is granted.
For purposes of calculating the period of probationary service, an "academic year" shall be the regular nine-month period from September through May. If a faculty member begins service during an academic year, the period of service from the date of appointment until beginning of the following academic year shall not be counted as academic service toward fulfillment of the maximum probationary period.
Circumstances may justify adjustment of the probationary period. It is the responsibility of the faculty member to provide appropriate documentation to demonstrate sufficiently why the request should be granted. This documentation must be submitted to and approved by the provost and VPAA through the candidate's department chair and dean.

Notice of reappointment will be in writing and will specify the probationary faculty member's tenure status, years of credit for probationary service, and any special conditions.
Notice of non-reappointment, or of intention not to reappoint a faculty member, will be given in writing in accord with the following schedule:

not later than March 1 of the first year of probationary service at Stephen F. Austin State University (SFASU),
not later than December 15 of the second year of probationary service at SFASU,
or during a subsequent academic year of a probationary appointment, when the faculty member will be notified that a terminal contract is expected to be offered for the next academic year. Such notice must provide for an academic year (nine month) terminal contract.

Pre-tenure Reviews

Each college and its departments shall establish a pre-tenure review process that is approved by the dean and the provost and VPAA which formally reviews the progress of each of its faculty members toward the award of tenure at least once during a faculty member's probationary period. A copy of all college/department pre-tenure review policies must be filed in the offices of the provost and VPAA and general counsel. The pre-tenure review process must allow for review of probationary faculty by all tenured faculty members at the department level, the department chair, elected tenured faculty (one from each department) at the college level and the dean. Written feedback should be provided to candidates being reviewed highlighting strengths and weakness (with recommendations for addressing any weaknesses) along with a statement indicating the candidate is or is not progressing satisfactorily toward tenure and a recommendation concerning the continuation of the probationary candidate being reviewed. While annual reviews are encouraged, at a minimum pre-tenure reviews must be conducted according to the following schedule.

Faculty fulfilling a six-year or five-year probationary period must be reviewed in the third year of probationary service.
Faculty fulfilling a four-year or three-year probationary period must be reviewed in the second year of probationary service.

A college and its departments may elect to develop a mentoring system to assist probationary faculty in their professional development.

Tenure Awards

Each college and its departments shall establish a tenure review process that is approved by the dean and the provost and VPAA. A copy of all college/department tenure review policies must be filed in the offices of the provost and VPAA and general counsel. The tenure review process must allow for review of faculty being considered for tenure by all tenured faculty members at the department level, the department chair, elected tenured faculty (one from each department) at the college level and the dean. The department, with approval of the college dean and provost and vice president for academic affairs, shall establish the tenure criteria in teaching effectiveness, scholarly/creative accomplishments, and rendered service.
During the year of probationary service prior to the year of the final tenure review, the department chair meets with the candidate to discuss the tenure review process including the requirements for preparation of the portfolio. The portfolio is due the following fall semester.

A faculty member may apply for tenure or be nominated by a tenured faculty member, the department chair, or other appropriate administrative officer of the university.
Candidates, in consultation with the department chair, are responsible for developing a succinct portfolio consisting of relevant supporting materials, including a table of contents, current vita, all annual faculty activity reports, all pre-tenure reviews, all administrative evaluations and other material that may be required by the department.

In the portfolio, candidates must clearly address how they meet or exceed each of the departmental tenure criteria.

Faculty members who occupy administrative positions will submit their portfolio to their immediate administrative supervisor. The administrative supervisor alone will receive the recommendations and supporting comments from the tenured faculty reviews at the department and college levels. In all other respects the review process for faculty in administrative positions will be consistent with the approved faculty review process for their college.
Faculty members with concurrent appointments in two departments and/or two colleges will be evaluated by both departments and/or colleges.

The tenure application and portfolio must be submitted and evaluated by the appropriate departmental and college committees and administrators during the fall semester of the final probationary year of employment.
Within five (5) class days of completion of the evaluation by the tenured faculty from the candidate's department and the chair of the candidate's department, the candidate will be notified in writing by the chair of the department of the status of his/her application for tenure and the recommendation from the tenured faculty and chair. Within five (5) class days of being allowed to review the written recommendations and supporting comments the candidate may attach a letter of response addressing errors of fact in the recommendations. Such a notification and any subsequent response by the candidate will become part of the dossier.
Within five (5) class days of completion of the evaluation by the tenure committee from the candidate's college and the candidate’s dean, the candidate will be notified in writing by the dean of the college of the status of his/her application for tenure and the recommendation from the college committee and dean. Within five (5) class days of being allowed to review the written recommendations and supporting comments the candidate may attach a letter of response addressing errors of fact in the recommendations. Such a notification and any subsequent response by the candidate will become part of the dossier.
After the college has completed its tenure review, the portfolio along with department and college recommendations and supporting comments are submitted to the provost and VPAA for review. The provost and VPAA will submit to the president of the university his/her recommendation, along with all supporting materials and the recommendations generated at each preceding stage of the evaluation. At the same time, the provost and VPAA will notify the candidate of his/her recommendation to the president.
The president of the university will review these materials and recommendations and any other evidence deemed pertinent as a basis for his/her recommendation to the Board of Regents that the candidate be awarded tenure.
Tenure is awarded by action of the Board of Regents of SFASU.
Within the next class day following the action of the Board of Regents each candidate will be notified in writing by the provost and VPAA of the action of the board.

Procedural Guarantees Relating to Termination and Non-Renewal of Contracts

Tenured Faculty and Probationary Faculty with an Unexpired Appointment Extending Beyond the Date of Proposed Dismissal1

Good cause for the dismissal of a faculty member with tenure or a probationary faculty member whose specified term of employment has not expired includes, but is not limited to, the following: moral turpitude; conviction by a trial court of any felony; professional incompetence; substantial neglect of professional responsibilities; bona fide financial exigency or phasing out of programs requiring faculty reduction; and physical or mental disability of a continuing nature rendering the faculty member unable to perform his/her professional responsibilities.
The burden of proof that good cause exists for dismissal rests with the university. The burden of proof shall be by preponderance of the evidence.
Dismissal of a faculty member with tenure or a probationary faculty member whose specified term of employment has not expired will be preceded by:

discussion between the faculty member and appropriate administrative officers of the university, and
if the conferences fail to achieve a mutual settlement, a written statement of specific charges will be prepared by the president or the president's delegate.

If an official statement of charges against a faculty member is issued, the faculty member will have the right to a hearing by a Hearing Committee of the Grievance Panel (see Academic Committees). Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. Hearings must be completed by the end of the semester in which the faculty member has been served with the notice of hearing and specific charges or by the end of the fall semester if notice is served during the summer.

The Hearing Committee, a subcommittee of the Grievance Panel composed of seven members, is selected as follows from the Grievance Panel: three selected by the aggrieved faculty member, three by the president's delegate, and one by lot. Each party will have a maximum of two challenges without stated cause.
Once constituted, the Hearing Committee will organize itself to carry out its responsibilities and establish its procedures.

At the faculty member's option, the hearing may be open or closed.
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.
The Hearing Committee's finding of fact and decision will be based solely upon the hearing record.
The Hearing Committee's decision and the basis for it will be communicated in writing to the faculty member and the president. It will be accompanied by a verbatim written record and audio recording of the hearing.
If the Hearing Committee concludes that good cause for dismissal has not been established by the evidence in the record and the president rejects the committee's conclusion, he will state his reason(s) for doing so in writing to the committee and the faculty member. The president will provide a reasonable time for response before transmitting the case to the Board of Regents.
When it is the president's final judgment to recommend dismissal, he will transmit to the Board of Regents a verbatim written copy of the record of the hearing, the report of the Hearing Committee, and his/her recommendation regarding dismissal. If the recommendation of the president for termination conflicts with the recommendation of the Hearing Committee, the Board of Regents will review the case based on the record of the hearing with opportunity for argument by the principals or their representatives. If the recommendations of the president and the Hearing Committee are in accord, the Board of Regents may choose to limit its review to a review of the record of the hearing. Following the board's decision, the chair will communicate the decision in writing through the president of the university to the chair of the Hearing Committee and the faculty member.
Pending action by the Board of Regents, the faculty member may be suspended without pay and immediately removed from the university, or assigned to other duties with pay, if he/she (1) poses a continuing danger to persons or property; (2) disrupts the orderly operation of the university; (3) endangers the education of students; (4) has been convicted by a trial court of any felony or a crime of moral turpitude. In such cases, the president shall set a hearing before the appropriate administrator or committee on the faculty member's case as soon thereafter as is practical unless otherwise waived by the faculty member.

Probationary Faculty Whose Contract is Not Renewed

A probationary faculty member who has been notified of non-reappointment according to the schedule set forth in this policy may appeal non-reappointment only on presentation of a prima facie case that constitutional guarantees or academic freedom were violated. Appeals must follow the following schedule:

Appeal of non-reappointment on or before March 1 for the first year of probationary service at SFASU must be filed within 30 days of non-reappointment.
Appeal of non-reappointment on or before December 15 for the second year of probationary service at SFASU must be filed within 60 days of non-reappointment.
Appeal of non-reappointment during a subsequent academic year of a probationary appointment or of a tenure decision must be filed within 30 days after the beginning of the next immediate fall term.

The burden of proof of allegations of abridgement of constitutional guarantees or academic freedom is upon the probationary faculty member. The burden of proof shall be by the preponderance of the evidence.
A faculty member who alleges abridgement of constitutional guarantees or academic freedom will present evidence to a committee of the Grievance Panel.

An Advisory Committee to hear the evidence will be composed of five members selected as follows from the Grievance Panel: two members selected by the faculty member, two by the president or the president's delegate, and one by lot. Each party will have one challenge without stated cause.
Once constituted, the Advisory Committee will organize itself to carry out its responsibilities and establish its procedures.
Hearings must be completed by the end of the semester in which the appeal is filed or by the end of the fall semester if an appeal is filed during the summer.

If the Advisory Committee finds probable cause that there was an abridgement of constitutional guarantees or academic freedom, conferences between the faculty member and appropriate administrative officers of the university will be scheduled. If the conferences fail to achieve a mutual settlement, the faculty member's institutional due process is completed.
If the Advisory Committee finds no probable cause that there was an abridgement of constitutional guarantees or academic freedom, the faculty member's institutional due process is completed and a written report of the Advisory Committee's finding will be sent to the president and to the faculty member.

Financial Exigency

Termination of an appointment with tenure, or of a probationary or special appointment, before the end of the specified term may occur under extraordinary circumstances because of bona fide financial exigency; i.e., an imminent financial crisis, which threatens the continuation of a strong academic program and which cannot be alleviated by less stringent means. The responsibility for demonstrating the existence and extent of the financial exigency will rest with the administration.
If the institution, because of financial exigency, terminates appointments with tenure, or probationary or special appointments before the end of the specified term, it will not at the same time make new appointments except in extraordinary circumstances where a serious distortion in the academic program would otherwise result. Employment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances through which a serious distortion of the academic program would otherwise result.
Before terminating an appointment because of financial exigency, the appropriate university administrator, with faculty participation, will make every reasonable effort to place the faculty member concerned in another position within the university for which he/she is professionally qualified.
In each case of termination of appointment because of financial exigency, probationary faculty members concerned will be given notice not less than as prescribed in this policy. Tenured faculty members will be given notice at least twelve months prior to termination of appointment.
In each case of termination of an appointment with tenure because of financial exigency, the place of the faculty member concerned will not be filled by a replacement within a period of two calendar years, unless the released faculty member has been offered reinstatement and at least sixty days in which to accept or decline it.
A faculty member who alleges abridgement of constitutional guarantees or academic freedom in such an emergency will be afforded due process in accord with this policy.

Discontinuance of Program or Department Not Mandated by Financial Exigency

Termination of an appointment with tenure, or of a probationary or special appointment, before the end of the specified term may occur as a result of bona fide formal discontinuance of a program or department of instruction. The following standards and procedures will apply:

The decision to discontinue formally a program or department of instruction will be based essentially upon educational consideration as determined by the university administration after consultation with the affected faculty and appropriate standing or ad hoc committees.
Before the administration issues notice to a faculty member of its intention to terminate an appointment because of formal discontinuance of a program or department of instruction, the institution will make every reasonable effort to place the faculty member concerned in another position within the university for which he/she is professionally qualified.
In each case of termination of appointment because of program discontinuance, probationary faculty members concerned will be given notice not less than as prescribed in this policy. Tenured faculty members will be given notice at least twelve months prior to termination of appointment.
A faculty member who alleges abridgement of constitutional guarantees or academic freedom will be afforded due process in accord with this policy.

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1The university has a uniform procedure by which charges of discrimination made by employees or students are considered.

Cross Reference: Policy E-1A, Academic Appointments and Titles; Policy E-29A, Leave of Absence (Faculty)

Responsible for Implementation: President

Contact for Revision: President

Forms: Faculty Activity Report; Administrative Evaluation; Promotion/Tenure Application

Stephen F. Austin State University

Tenure (E-50A)