The following amendments were approved by the Faculty Senate on May 30 and June 6, 1996, after consultation with the Tenure Subcommittee, Senate Faculty Affairs Committee and Senate Judicial Committee, as provided by in Section 19 of the Regulations Concerning Faculty Tenure. PROPOSED AMENDMENTS TO THE REGULATIONS CONCERNING FACULTY TENURE PREAMBLE TO MOTION A: ===================== The following proposed amendments are considered to be "housekeeping" in nature. The 1985 Tenure Regulations provided that the Senior Vice President for Academic Affairs would be the final decision-maker on most individual cases relating to tenure. The 1995 reorganization of the University administration split that authority among the several chancellors and provosts, although the Vice President retains authority with respect to the units that report directly to him. The amendments in Motion A accommodate that reorganization, but do so in a way that will permit future presidents of the University to create new administrative structures. It allows the President to appoint one or more "senior administrative officers," who will have final authority regarding the granting of tenure, and to define the scope of their authority (one or more colleges, campuses, etc.) In the present structure these officers would be the three chancellors, the three provosts, and (for University Libraries and a few other special cases) the Vice President for Academic Affairs. The Vice President for Academic Affairs will, however, retain University-wide authority for the development of tenure policy, although not for its administration in individual cases. If approved by the Faculty Senate and accepted by the Board of Regents, these amendments will replace the current interpretation of this topic which expires June 30, 1996. MOTION A: ========= To amend the Regulations Concerning Faculty Tenure as follows: (new language is in CAPS; language to be deleted is in [brackets]) [Please note that additional amendments to Section 3 are proposed under Motion C--only the "housekeeping" amendments are included under Motion A.] Section 3. Faculty Ranks and Types of Appointments --------------------------------------------------- 3.3 Non-regular Appointments. A non-regular appointment is date- specific; that is, the appointment terminates at the end of a period specified in the appointment without further notice to the appointee. The [Vice President] SENIOR ADMINISTRATIVE OFFICER FOR THE CAMPUS OR AREA (footnote 3) must give every person appointed to a non-regular faculty position a statement in writing setting forth the conditions of the non-regular appointment, including the fact that it terminates without further notice. . . . . 3.4 Limitation on Use of Non-Regular Appointments. (j) . . . . A regular faculty member on a probationary appointment may transfer to non-regular status during enrollment in such a program if the faculty member and the [Vice President] SENIOR ACADEMIC ADMINISTRATOR agree. . . . 3.6 Special Contracts . . . . It must be signed by the faculty member concerned, by the dean of the collegiate unit in which the faculty member will be employed and by the [Vice President] SENIOR ACADEMIC ADMINISTRATOR and must be authorized by the Board of Regents or its expressly authorized delegate. In addition, the [Vice President] SENIOR ACADEMIC ADMINISTRATOR will annually report to the Tenure Committee the terms of all special contracts and the reasons for their use. . . . . Section 7. Personnel Decisions Concerning Probationary Faculty --------------------------------------------------------------- 7.12 Departmental Statement . . . . Each such document is subject to review by the dean or other appropriate academic administrator, by the [Vice President] SENIOR ACADEMIC ADMINISTRATOR AND BY THE SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS. . . . 7.63 Final Administrative Action The University may not act contrary to the recommendation of the academic unit which made the initial recommendation except for substantive reasons which must be stated in writing by the [Vice President (or a person designated by the Vice President)] SENIOR ACADEMIC ADMINISTRATOR to the faculty member . . . . The [Vice President] SENIOR ACADEMIC ADMINISTRATOR takes the steps necessary to make the necessary appointment or to give notice of termination. Section 11. Fiscal Emergency ----------------------------- 11.53 Allocation of Shortfall . . . . The colleges and campuses return their plans to the [Vice President] SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS, who prepares a comprehensive plan for the University . . . The recommendations of the Senates and the SENIOR Vice President's plan will be presented to the President and the Board of Regents for action. 11.62 Priorities (b) . . . . The SENIOR Vice President FOR ACADEMIC AFFAIRS must insure that for the University as a whole the plan which is submitted does not reduce the proportion of appointments with indefinite tenure held by women and minorities entitled to affirmative action, . . . . Section 13. Judicial Committee ------------------------------- 13.2 Procedures . . . . In every case before the Judicial Committee the [Vice President] SENIOR ACADEMIC ADMINISTRATOR may designate the academic administrator who will represent the University as respondent. IF THE CASE INVOLVES TWO OR MORE CAMPUSES OR AREAS, THE PRESIDENT OR THE SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS MAY DESIGNATE THE RESPONDENT. Section 15. Appeals to the Judicial Committee ---------------------------------------------- 15.2 Procedure for Securing Review . . . . Within 30 days of filing, the Chair of the Judicial Committee must send copies of the request to the head of the academic unit concerned and to the senior [Vice President] ACADEMIC ADMINISTRATOR. 15.6 Actions Requiring Reconsideration . . . If the Judicial Committee recommends reconsideration of an action, that reconsideration will be undertaken under the supervision of the [Vice President] SENIOR ACADEMIC ADMINISTRATOR, unless otherwise specified. . . . . 15.7 Recommendations for Changes in University Policies and Procedures . . . . As a result of Judicial Committee proceedings, the Judicial Committee, the Tenure Committee or the SENIOR Vice President FOR ACADEMIC AFFAIRS may initiate steps to clarify or improve the University rules or policies involved. . . . Section 16. Tenure Committee ----------------------------- 16.1 Membership The [Tenure Committee] TENURE SUBCOMMITTEE OF THE SENATE FACULTY AFFAIRS COMMITTEE (REFERRED TO ELSEWHERE IN THESE REGULATIONS AS THE TENURE COMMITTEE) is composed of at least seven members of the faculty and such other persons as the University Senate Bylaws shall provide. . . . . 16.2 Interpretations The SENIOR Vice President FOR ACADEMIC AFFAIRS and the Tenure Committee may propose formal interpretations of these regulations, consistent with their terms. . . . . 16.3 Procedures The SENIOR Vice President FOR ACADEMIC AFFAIRS and the Tenure Committee may jointly adopt the procedures provided by Sections 7.4 and 7.61. . . . . Footnotes --------- 2 . . The "academic administrator" or "dean" of a collegiate unit is a dean [, provost,] or similar officer. 3 [As used in these Regulations, "Vice President" means the Vice President for Academic Affairs.] A "SENIOR ACADEMIC ADMINISTRATOR" IS AN OFFICER WHO HAS FINAL REVIEW AUTHORITY ON ACADEMIC PERSONNEL DECISIONS, AND WHO REPORTS DIRECTLY TO THE PRESIDENT AND REGENTS, SUCH AS A VICE PRESIDENT, CHANCELLOR, OR PROVOST. THE PRESIDENT WILL DESIGNATE ONE OR MORE SENIOR ACADEMIC ADMINISTRATORS TO HAVE RESPONSIBILITY FOR ACADEMIC MATTERS FOR ALL OR PART OF THE UNIVERSITY, AND WILL DEFINE THEIR RESPECTIVE JURISDICTIONS. 10 Because of the special mission of the Crookston [and Waseca] campus [es], disciplined inquiry in [their] ITS field of endeavor may be substituted for research in appraising faculty members there. PREAMBLE TO MOTIONS B-G: ======================== The Subsequent motions are presented on the assumption that Motion A is approved. If it is not, the words "vice president" should be reinserted in the appropriate places. MOTION B: ========= To amend Section 1.1 as follows: (new language is in CAPS; language to be deleted is in [brackets]) Section 1. Academic Freedom ---------------------------- 1 1.1 Principles. Every member of the faculty is entitled to due process 2 and academic freedom as established by academic tradition and the 3 Constitutions and laws of the United States and the State of Minnesota and 4 as amplified by Resolutions of the Board of Regents. The Board 5 of Regents hereby reaffirms its [policies concerning] COMMITMENT TO 6 academic freedom and tenure AS REFLECTED [announced] in its resolution of 7 January 28, 1938, and IN the statement of December 14, 1963, which are set 8 forth in the Appendix to these regulations. THE POLICIES OF THE BOARD OF 9 REGENTS REGARDING ACADEMIC FREEDOM ARE CURRENTLY STATED IN THE BOARD'S 10 STATEMENT OF SEPTEMBER 8, 1995, WHICH PROVIDES: 11 THE REGENTS OF THE UNIVERSITY OF MINNESOTA REAFFIRM THE PRINCIPLES OF 12 ACADEMIC FREEDOM AND RESPONSIBILITY. THESE ARE ROOTED IN THE BELIEF 13 THAT THE MIND IS ENNOBLED BY THE PURSUIT OF UNDERSTANDING AND THE 14 SEARCH FOR TRUTH AND THE STATE WELL SERVED WHEN INSTRUCTION IS 15 AVAILABLE TO ALL AT AN INSTITUTION DEDICATED TO THE ADVANCEMENT OF 16 LEARNING. THESE PRINCIPLES ARE ALSO REFRESHED BY THE RECOLLECTION 17 THAT THERE IS COMMUNE VINCULUM OMNIBUS ARTIBUS--A COMMON BOND 18 THROUGH ALL THE ARTS. 19 ACADEMIC FREEDOM IS THE FREEDOM TO DISCUSS ALL RELEVANT MATTERS IN THE 20 CLASSROOM, TO EXPLORE ALL AVENUES OF SCHOLARSHIP, RESEARCH AND CREATIVE 21 EXPRESSION AND TO SPEAK OR WRITE AS A PUBLIC CITIZEN WITHOUT INSTITUTIONAL 22 DISCIPLINE OR RESTRAINT. ACADEMIC RESPONSIBILITY IMPLIES THE FAITHFUL 23 PERFORMANCE OF ACADEMIC DUTIES AND OBLIGATIONS, THE RECOGNITION OF THE 24 DEMANDS OF THE SCHOLARLY ENTERPRISE AND THE CANDOR TO MAKE IT CLEAR THAT 25 THE INDIVIDUAL IS NOT SPEAKING FOR THE INSTITUTION IN MATTERS OF PUBLIC 26 INTEREST. Comment ------- This item incorporates into the Tenure Code the most recent statement of the Board of Regents with regard to academic freedom. The statements of 1938 and 1963 are retained in the appendix because of their importance in the interpretation of academic freedom at this University. MOTION C: ========= To amend Sections 3 and 8 of the Tenure Regulations (new language is in CAPS; language to be deleted is in [brackets]) Amend Section 3 of the Tenure Regulations to read as follows: Section 3. Faculty Ranks and Types of Appointments. ---------------------------------------------------- 1 3.1 In General. The faculty ranks are Professor, Associate Professor, 2 Assistant Professor, and Instructor. FACULTY APPOINTMENT IS APPROPRIATE 3 ONLY IF THE INDIVIDUAL IS ENGAGED IN TEACHING OR RESEARCH AS DEFINED IN 4 SECTION 7.11. Appointment at these ranks are either regular TENURED OR 5 TENURE-TRACK APPOINTMENTS or [non-regular] TERM APPOINTMENTS. An 6 appointment must be designated AS A regular or [non-regular] A TERM 7 APPOINTMENT when it is made. 8 3.2 Regular TENURED OR TENURE-TRACK Appointments. A regular appointment 9 is either with indefinite tenure or is probationary leading to a decision 10 concerning indefinite tenure within a specified period of time. A faculty 11 member with indefinite tenure is entitled to retain that position until 12 retirement in accordance with University regulations or until the 13 appointment is terminated pursuant to the provisions of Sections 10 or 11. 14 A faculty member on probationary appointment (a) is entitled to 15 consideration for indefinite tenure, and (b) is entitled to timely notice 16 of termination in accordance with Section 6. A regular appointment may 17 only be held in an academic unit (footnote 1) of a degree-granting college 18 (footnote 2), or similar unit. A regular appointment must be for two- 19 thirds time or more over the academic year. 20 3.3 [Non-regular] TERM Appointments. A [non-regular] TERM appointment 21 is date-specific: that is, the appointment terminates at the end of a 22 period 19 specified in the notice of appointment without further notice to 23 the appointee. The [Vice President] SENIOR ACADEMIC ADMINISTRATOR FOR THE 24 CAMPUS OR AREA (footnote 3) must give every person appointed to a [non- 25 regular] TERM faculty position a statement in writing setting forth the 26 conditions of the [non-regular] appointment, including the fact that it 27 terminates without further notice. No number of renewals of a [non- 28 regular] TERM appointment creates a right to further renewals or to a 29 decision concerning tenure. Every renewal of a [non-regular] TERM 30 appointment for the seventh or succeeding year must be reported to the 31 Tenure Committee with a justification of the reasons for [non-regular] THE 32 CONTINUATION OF TERM status. 33 3.4 [Limitation on Use of Non-Regular Appointments.] APPROPRIATE USES 34 OF TERM APPOINTMENTS. [Faculty appointments must be regular (either 35 probationary or with indefinite tenure) unless one or more of the following 36 conditions is met, in which case the appointment may be classified as non- 37 regular:] TERM APPOINTMENTS ARE APPROPRIATE AND MAY BE USED PROVIDED ONE 38 OR MORE OF THE FOLLOWING CONDITIONS IS MET: 39 (a) The duration, the percentage of time, or both require less 40 than service for two-thirds time for the academic year. 41 (b) The appointment is designated as a Visiting appointment 42 because the faculty member is from another educational 43 institution or is a qualified professional from a government 44 or private agency on a leave of absence to accept a temporary 45 assignment at this University. 46 (c) The appointment is designated a Clinical appointment because 47 the faculty member is a clinician in the community who gives 48 service to the University part-time. 49 (D) THE APPOINTMENT CONCERNS A FACULTY MEMBER WHO PRINCIPALLY IS 50 ENGAGED IN AND PRIMARILY IS SUPPORTED BY CLINICAL ACTIVITIES 51 OR BY DISCIPLINE-RELATED SERVICE (new footnote *). 52 [(d)](E) The appointment is designated an Adjunct appointment because 53 the faculty member's primary employment is outside the 54 University or is in another unit of the University. 55 [(e)](F) The appointment extends courtesy faculty rank without salary. 56 [(f)](G) The position is subject to the joint control of the 57 University and another institution. 58 [(g)](H) The specific funding for the position is subject to the 59 discretion of another agency. 60 [(h)](I) The funding for the position is for a limited time. 61 [(i)](J) The appointment is in a unit or program that is experimental 62 or otherwise restricted in duration. 63 [(j)](K) The person is enrolled in a University of Minnesota degree 64 program. A regular faculty member on a probationary 65 appointment may transfer to [non-regular] TERM status during 66 enrollment in such a program if the faculty member and the 67 [Vice President] SENIOR ACADEMIC ADMINISTRATOR agree. This 64 transfer suspends the running of the maximum period of 65 probationary service, but the faculty member retains other 66 rights of regular appointment, including annual review, the 67 right to timely notice and a terminal appointment period as 68 provided in Section 6. 62 3.5 Administrators' Appointments. Academic administrators may hold 63 regular or [non-regular] TERM faculty appointments. Administrative titles 64 and duties are distinct and severable from such individual faculty 65 appointments. Removal from an administrative position 66 does not impair any rights the individual holds as a faculty member. UPON 67 LEAVING AN ADMINISTRATIVE POSITION, THE INDIVIDUAL RETURNS TO FACULTY 68 STATUS, WITH SALARY AND TERM OF APPOINTMENT REDUCED BY THE AMOUNT OF THE 69 ADMINISTRATIVE AUGMENTATION, IF ANY. Footnotes --------- (1) As used in these Regulations, "academic unit" means a department or other basic unit in which tenure is held. It may be a division, school, or college which is not further subdivided. The "head" of an academic unit is the academic administrator immediately responsible for it, such as a chair, head, or director. (2) As used in these Regulations, "collegiate unit" or "college" means a major academic entity of the University. It may be a college, school, institute or campus. The "academic administrator" or "dean" of a collegiate unit is a dean [, provost,] or similar officer. (3) [As used in these regulations, "Vice President" means the Vice President for Academic Affairs.] THE PRESIDENT WILL DESIGNATE ONE OR MORE SENIOR ACADEMIC ADMINISTRATORS (VICE PRESIDENTS, CHANCELLORS, PROVOSTS, ETC.) TO HAVE RESPONSIBILITY FOR ACADEMIC MATTERS FOR ALL OR PART OF THE UNIVERSITY, AND WILL DEFINE THEIR RESPECTIVE JURISDICTIONS. (*) NEW FOOTNOTE TO ITEM 3.4(D): "SERVICE" MEANS PERFORMANCE WITHIN THE FACULTY MEMBER'S EXPERTISE, OTHER THAN TEACHING AND RESEARCH AS DEFINED IN SECTION 7.11. And amend the title and introductory language of Section 8 as follows: Section 8. Improper Refusal of a New Appointment to a [Non-Regular] TERM ------------------------------------------------------------------------- Faculty Member -------------- 1 A person holding a [non-regular] TERM faculty appointment who has been 2 refused a renewal of that appointment or has applied for and been refused a 3 regular or a different [non-regular] TERM faculty appointment within six 4 months of the end of that appointment may petition the Judicial Committee 5 to review the refusal, but only on the ground that the decision was based 6 in significant degree on one or more of the following: . . . 7 [remainder of text unchanged] Comment ------- This proposal changes terminology in the Tenure regulations and also permits the University to employ clinical faculty on term contracts. Many have felt that the terminology "nonregular" appointment carried a derogatory connotation. In order to eliminate that implication, the word "nonregular" has been changed to "term" throughout the Regulations. Term appointments are those which have a fixed duration and do not lead to probationary or tenured appointments. Section 3(d) permits such appointments to be made for faculty whose principal commitment is to clinical or service duties and who are primarily supported by funds generated by those activities. This recognizes the variable funding of such clinical activities and does not commit the University to maintaining the income of future clinicians if the clinical revenues will not support them. This section is prospective only. Faculty currently holding tenured or tenure-track appointments cannot be shifted to term appointments without their consent. MOTION D: ========= To amend Sections 4.1 and 4.3 and add a Section 4.4, as follows: (new language is in CAPS; language to be deleted is in [brackets]) Amend Section 4.1 as follows: Section 4. Terms of Faculty Employment --------------------------------------- 1 4.1 Written notice of appointment. Each faculty appointment or change of 2 status is specified in a written notice of appointment issued by or on 3 behalf of the Board of Regents. The notice must specify the following: 4 (1) whether the appointment is regular or [non-regular] TERM; 5 (2) whether it is full or part-time and the percentage of time involved; 6 (3) if for a fixed term, its expiration date; 7 (4) if regular, whether it is probationary or with indefinite tenure; 8 (5) whether it is on a twelve-month, academic year or other specified 9 annual basis; 10 (6) the rank of appointment; 11 (7) the academic unit or units to which the individual is being 12 appointed; [and] 11 (8) the BASE salary; AND 12 (9) OTHER COMPENSATION OR AUGMENTATION AS DESCRIBED IN SECTION 4.4. Amend Section 4.3 as follows: 1 4.3 Changes in Terms of Appointments. Except for raises in rank or BASE 2 salary and except for action expressly authorized by these regulations, no 3 changes of [any of the] items (1) THROUGH (8) listed in Subsection 4.1 may 4 be made during the term of an appointment except with the agreement of the 5 faculty member and the Board of Regents or its authorized delegate. Add a new Subsection 4.4 to read as follows: 1 4.4 FACULTY COMPENSATION. EACH FACULTY MEMBER SHALL RECEIVE A 2 BASE SALARY, WHICH SHALL NOT BE DECREASED EXCEPT AS EXPRESSLY 3 AUTHORIZED IN THESE REGULATIONS. THE BASE SALARY SHALL CONSIST OF THE 4 INITIAL BASE SALARY PLUS ANY SUBSEQUENT INCREASE IN BASE SALARY. IN 5 GENERAL, IT IS EXPECTED THAT SALARY INCREASES WILL BE ADDED TO THE BASE. 6 THE UNIVERSITY MAY ALSO PROVIDE A FACULTY MEMBER WITH ADDITIONAL 7 COMPENSATION THAT IS NOT PART OF THE BASE SALARY. THE ADDITIONAL 8 COMPENSATION MAY BE FOR SPECIAL AWARDS OR FOR ACTIVITIES IN ADDITION TO 9 REGULAR FACULTY RESPONSIBILITIES SUCH AS CLINICAL PRACTICE, 10 ADMINISTRATIVE SERVICE, OVERLOAD DUTIES, SUMMER SCHOOL TEACHING, AND 11 SUMMER RESEARCH SUPPORT. THE FACULTY MEMBER DOES NOT HAVE A RIGHT TO 12 CONTINUATION OF THIS ADDITIONAL COMPENSATION BEYOND THE TIME FOR 13 WHICH IT IS GRANTED. AT THE TIME AN APPOINTMENT IS MADE, THE OFFER AND 14 WRITTEN NOTICE OF APPOINTMENT SHALL SEPARATELY STATE THE BASE SALARY 15 AND ANY ADDITIONAL COMPENSATION, AS DESCRIBED ABOVE, THAT THE FACULTY 16 MEMBER WILL RECEIVE. (FOR FACULTY MEMBERS EMPLOYED AT THE TIME THIS 17 SECTION TAKES EFFECT, THE INITIAL BASE SALARY SHALL BE THE SALARY 18 GUARANTEED UNDER THESE REGULATIONS AT THE TIME THIS AMENDMENT TAKES 19 EFFECT.) IN EACH SUBSEQUENT YEAR, THE FACULTY MEMBER SHALL BE 20 PROVIDED WITH A WRITTEN NOTICE SEPARATELY STATING ANY INCREASE IN BASE 21 SALARY AND ANY CHANGES IN THE ADDITIONAL COMPENSATION FOR THE 22 FOLLOWING ACADEMIC YEAR. INCREASES WILL BE PRESUMED TO BE IN BASE 23 SALARY UNLESS OTHERWISE IDENTIFIED. Comment ------- Each faculty member will receive a base salary, but may be given additional incentive sums to reward temporary assignments, such as overload teaching, summer school, administrative service. Clinical compensation will also be outside of the base salary. While the base salary will be guaranteed from year to year, the additional payments will be subject to review and adjustment. Apart from raises, adjustments in base pay may be made only voluntarily or as provided in other sections of the Regulations. Base salary will be identified in annual appointment documents for each faculty member. Base salary may only be changed as expressly provided in these Regulations. Other provisions permit reduction of base salary in case of financial exigency or disciplinary action. Tenured or tenure-track faculty whose appointments are partially supported by grant funds will continue to hold their full base salaries. The current base salary of faculty members will be guaranteed under this system. Salary increases would be either permanent (added to base) or temporary (for one year or a period of years only), as is already permissible. The change simply clarifies this practice and provides official language to describe it. New faculty members would have base and temporary elements of their salaries identified in the letter of offer and in the initial appointment documents. The appropriate Senate committees will annually review the methods used to allocate salary increases between additions to base and temporary increases and will make necessary recommendations to the Senate and administration. MOTION E: ========= To amend Section 5.1 as follows: (new language is in CAPS; language to be deleted is in [brackets]) Section 5. Maximum Period of Probationary Service -------------------------------------------------- 1 5.1 General rule. To give the University ample opportunity to determine 2 the qualification of those faculty members whom it is considering for 3 regular appointment with indefinite tenure, the maximum period of 4 probationary service of a faculty member is NORMALLY six academic years, 5 whether consecutive or not. THE FACULTY ASSEMBLY OF A COLLEGIATE UNIT MAY 6 PROPOSE TO ALTER THE MAXIMUM PROBATIONARY PERIOD FOR ALL OF THAT COLLEGE, 7 OR FOR CERTAIN UNITS WITHIN IT, TO NO MORE THAN NINE YEARS. THE TENURED 8 FACULTY OF A COLLEGE, BY SIMPLE MAJORITY VOTE TAKEN BY SECRET BALLOT, MAY 9 ADOPT SUCH A CHANGE, WITH THE APPROVAL OF THE DEAN AND OF THE SENIOR 10 ACADEMIC ADMINISTRATOR. ANY SUCH CHANGE IN THE MAXIMUM PROBATIONARY PERIOD 11 APPLIES TO ALL PROBATIONARY FACULTY HIRED IN THAT COLLEGE (OR THOSE UNITS) 12 AFTER THE DECISION, BUT ANY INCUMBENT PROBATIONARY FACULTY MEMBER MAY 13 CHOOSE TO BE CONSIDERED UNDER THE NEW RULE. At the end of this [six-year] 14 PROBATIONARY period, the faculty member must either be given a regular 15 appointment with indefinite tenure or a one-year terminal appointment. Comment ------- The amendment would formally permit collegiate units to extend the probationary period from six to nine years by general rule. Many colleges will wish to retain the current six-year maximum, while others may see advantages in a longer probationary period. It would thus recognize officially a practice which has been allowed by special interpretation of the Tenure Committee in the past few years. This recognizes the problems in some units of the University in which the ability to obtain external research support is a major consideration in the research element of the tenure decision. The design of research projects for which the probationary professor is to be a principal investigator and procurement of funding for them sometimes requires several years. The six-year probationary period is felt by many in those colleges to cut short the effective time for evaluation of the candidate's performance. The extension of time is believed to be necessary to permit full consideration of the candidates' qualifications. A proposal to extend the probationary period would be made by the faculty assembly or similar body, and would require approval by the tenured faculty of the college, by its dean, and by the provost (or equivalent official). Current probationary faculty members could decide to be governed by the old or by the new rule. A college could later decide to return to the general six-year pattern, following the same procedures. Again, incumbent probationary faculty could choose to be governed by the old system or the new one. Other provisions of the current Tenure Regulations for "stopping the tenure clock," would not be affected. In those cases, the probationary faculty member would have an addition to the maximum probationary period for the collegiate unit as established under this section. MOTION F: ========= To add a new Section 13.5 as follows: (entire text is new) Section 13. Judicial Committee ------------------------------- 1 13.5 LEGAL OFFICER. THE JUDICIAL COMMITTEE SHALL HAVE ITS OWN LEGAL 2 OFFICER, APPOINTED BY THE JUDICIAL COMMITTEE IN CONSULTATION WITH THE 3 PRESIDENT OR THE PRESIDENT'S DELEGATE. THE LEGAL OFFICER SHALL NOT BE A 4 MEMBER OF THE UNIVERSITY GENERAL COUNSEL'S OFFICE. THE LEGAL OFFICER 5 ASSISTS THE JUDICIAL COMMITTEE IN THE EFFICIENT CONDUCT OF ITS WORK AND 6 IN THE PREPARATION OF ITS REPORTS AND PERFORMS ADDITIONAL FUNCTIONS AS 7 AUTHORIZED BY THE JUDICIAL COMMITTEE. THE LEGAL OFFICER MAY BE PRESENT 8 AND PARTICIPATE IN THE DELIBERATION OF A PANEL, BUT SHALL HAVE NO VOTE. 9 IN THE CASE OF THE ABSENCE OR DISQUALIFICATION OF THE LEGAL OFFICER, A 10 DEPUTY MAY PERFORM THE FUNCTIONS OF THE OFFICE. Comment ------- Over the past two decades, parties before the Judicial Committee have increasingly been represented by attorneys. As a result, the Committee has consulted with independent counsel to assist it in carrying out its functions. This amendment recognizes the position of a Legal Officer to assist the Judicial Committee in its work. The Legal Officer gives legal advice to the Committee, independent of the legal advice supplied by the University's General Counsel Office to administrative officers in the proceedings. At the Committee's discretion, the Legal Officer may preside at hearings and perform other functions. The Committee will appoint a Deputy Legal Officer in case of the absence or disqualification of the Legal Officer. The amendment makes clear that the Legal Officer does not vote and that decisions are made by members of the Committee. The function of the Legal Officer is to advise the Committee in making proceedings fair and efficient. MOTION G: ========= To amend Sections 14.1 through 14.5 as follows: (new language is in CAPS; language to be deleted is in [brackets]) Section 14. Procedures in Cases of Unrequested Leave of Absence or ------------------------------------------------------------------- Termination or Suspension of a Faculty Appointment for Cause. ------------------------------------------------------------- 1 14.1 Preliminary Proceedings. Only a dean (new footnote **) or an 2 academic administrator specially designated by the SENIOR Vice President 3 FOR ACADEMIC AFFAIRS OR BY THE SENIOR ACADEMIC ADMINISTRATOR may initiate 4 proceedings leading to unrequested leave of absence or to suspension or 5 removal OR TO TEMPORARY OR PERMANENT REDUCTION IN SALARY OR RANK. The 6 [administrator] DEAN must first attempt to discuss and resolve the matter 7 with the faculty member involved. 8 The [administrator] DEAN must then submit the matter to the tenured 9 faculty of the academic unit involved for their recommendation. [(The 10 tenured faculty may decide to submit the issue to the entire faculty of 11 the unit.)] 12 If the SENIOR Vice President FOR ACADEMIC AFFAIRS and the Faculty Senate 13 have expressly approved the submission of allegations of the violation of 14 a specified policy to another body for preliminary recommendation in place 15 of submission to the tenured faculty of the academic unit, the 16 [administrator] DEAN must submit the matter to that body for its 17 recommendation. 18 Both the [administrator] DEAN and the faculty member may submit their 19 views, in person or in writing, to the body making the recommendation, but 20 neither of them may participate in the deliberation or vote. The body 21 making the recommendation DOES SO BY SECRET BALLOT AND makes a 22 written report to the [administrator] DEAN within 40 days of the 23 submission of the issue to it, indicating the number of votes for and 24 against the proposed action and the reasons articulated. [Within 15 days 25 after receiving the report, the administrator makes a written 26 recommendation to the Vice President. After receiving the report the 27 administrator makes a written recommendation to the Vice President. The 28 recommendation must include a copy of the report of the panel or of the 29 tenured faculty, as the case may be.] A copy of the report must be sent 30 to the SENIOR ACADEMIC ADMINISTRATOR AND TO THE faculty member. 31 14.2 Formal action. [After receiving the administrator's 32 recommendation and giving the faculty member an opportunity to comment, 33 the Vice President will decide whether to proceed.] WITHIN 40 DAYS AFTER 34 RECEIVING THE RECOMMENDATION OF THE TENURED FACULTY OR OTHER BODY, THE 35 DEAN MUST DECIDE WHETHER TO PROCEED WITH FORMAL ACTION. BEFORE TAKING 36 FORMAL ACTION, THE DEAN MUST CONSULT WITH THE SENIOR ACADEMIC 37 ADMINISTRATOR. If the [Vice President] DEAN does not proceed within 40 38 days, the charges are dropped and the faculty member and the academic unit 39 are so notified in writing. If the [Vice President] DEAN decides to 40 proceed with formal action, the [Vice President] DEAN must give written 41 41 notice to the faculty member. The notice must specify the action 42 proposed, identify the specific grounds upon which it has been taken, and 43 summarize the evidence in support. It must inform the faculty member of 44 the right to request a hearing before the Judicial Committee and advise 45 the faculty member of the applicable time limit for making such a request. 46 If the faculty member does not request a hearing within 30 days, the 47 President may take the action proposed in the [Vice President's] DEAN'S 48 notice, without further right to a hearing. 49 14.3 Judicial Committee Hearing. The faculty member may request a 50 hearing before the Judicial Committee by written request to the Chair of 51 the Committee, filed within 30 days of the notice. The Judicial Committee 52 may extend the 30 day period for good cause. The [Vice President 53 designates the administrator who] DEAN will [present] BE RESPONSIBLE FOR 54 PRESENTING the case. The [administrator] DEAN has the burden of proving 55 the case for the proposed action by clear and convincing evidence and also 56 has the burden of demonstrating the appropriateness of the proposed 57 action, rather than some lesser measure. 58 The Judicial Committee makes written findings of fact, conclusions, and 59 a recommendation for the disposition of the case. If the Committee finds 60 that action is warranted, it may recommend action [which] THAT is less 61 severe than that requested in the written notice, INCLUDING, BUT NOT 62 LIMITED TO, PERMANENT OR TEMPORARY REDUCTION IN SALARY OR RANK [including 63 action which does not involve the termination or suspension of an 64 appointment]. It may not recommend more severe measures than those 65 proposed in the [Vice President's] DEAN'S notice. 66 The Judicial Committee sends its report to the President with copies to 67 the faculty member [and the administrator], THE DEAN AND THE SENIOR 68 ACADEMIC ADMINISTRATOR. 69 14.4 Action by the President. The President must give the faculty 70 member and the [administrator] DEAN the opportunity to submit written 71 comments on the report [and to make oral presentations]. In determining 72 what action to take, the President may consult privately with any 73 administrators, including attorneys, who have had no previous 74 responsibility for the decision at issue in the case and have not 75 participated in the presentation of the matter to the Judicial Committee. 76 The President may not discuss the case with any administrator who was 77 responsible for the decision at issue or who participated in the 78 presentation of the matter to the Judicial Committee. Such administrators 79 may communicate with the President in writing, but only if the full text 80 of the communication is given to the faculty member and the faculty member 81 is given a reasonable opportunity to respond to it. 82 The President shall not take action materially different from that 83 recommended by the panel unless, prior to the action, the President has 84 consulted with the committee. The parties and their representatives shall 85 not be present at any meeting between the president and the committee nor 86 shall their consent be required for such meeting. 87 In addition, the President may request the Judicial Committee to make 88 further findings of fact, to clarify its recommendations or to reconsider 89 its interpretation. The reconsideration will be made by those who have 90 heard all of the evidence in the case, but the full Judicial Committee may 91 consult with them on questions of general policy. 92 The President may impose the action recommended by the Committee, or any 93 lesser measure which appears to be appropriate. The President may impose 94 action less favorable to the faculty member only for compelling reasons, 95 which must be stated in writing, with specific detailed reference to the 96 report of the Judicial Committee, the evidence presented, and the policies 97 involved. The President's written statement must be given to the faculty 98 member and to the Judicial Committee. Unless the faculty member requests 99 confidentiality, its full text must be published in the next docket of the 100 Faculty Senate; if the faculty member requests confidentiality a summary 101 of the relevant considerations must be so published without identification 102 of the faculty member. 103 14.5 [Appeal] REPORT to the Board of Regents. THE PRESIDENT SHALL 104 REPORT ANY ACTION WHICH INVOLVES THE TERMINATION OR SUSPENSION OF AN 105 APPOINTMENT FOR CAUSE OR AN UNREQUESTED LEAVE OF ABSENCE TO THE BOARD OF 106 REGENTS, AND SHALL INCLUDE THE REPORT OF THE JUDICIAL COMMITTEE. [If the 107 action involves removal or if the action involves a sanction more severe 108 than that recommended by the Judicial Committee, the faculty member may 109 appeal to the Board of Regents. In cases in which the President imposes a 110 sanction more severe than that recommended by the Judicial Committee, the 111 faculty member and the President may present to the Board evidence with 112 respect to issues on which the President differs from the recommendation 113 of the Judicial Committee. The request for a hearing must be made to the 114 Secretary of the Board within 10 days of the President's action.] Footnote -------- (**) NEW FOOTNOTE TO ITEM SECTION 14.1: THROUGHOUT THIS SECTION THE WORD "DEAN" MEANS THE DEAN OF THE COLLEGIATE UNIT OR OTHER EQUIVALENT OFFICER OR AN ACADEMIC ADMINISTRATOR SPECIALLY DESIGNATED FOR THIS PURPOSE BY THE SENIOR ACADEMIC ADMINISTRATOR OR BY THE SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS. Comment ------- This amendment is intended to simplify proceedings for unrequested leaves of absence, suspensions, or terminations. Many believe that these proceedings are unduly time-consuming and cumbersome as presently designed. Under the present policy, before a dean's decision to seek termination or suspension of a faculty member can be made effective, that decision must be reviewed by (1) the tenured faculty of the department, (2) the Vice President (in the future: the Provost or Chancellor), (3) by the Judicial Committee, (4) by the President, and finally (5) by the Board of Regents. This five-step procedure builds so many safeguards into the process that serious cases may be jeopardized. This proposal eliminates steps (2) and (5). The new version retains the processes which we believe to be most important: (1)Jreview of the proposal by the tenured faculty of the unit, (2) review by the Judicial Committee and all-University panel of tenured faculty who will hear all of the evidence, and (3) final action by the President. We believe that three steps of review is sufficient within the University system. Both of the steps that have been deleted simply contributed to unnecessary delay. The new version places administrative responsibility for pursuing the case in the hands of the dean. While retaining overall responsibility for the conduct of the case, the dean may delegate to others the duty of presenting it before the tenured faculty and the Judicial Committee. The new version also clarifies the authority of the Judicial Committee to recommend sanctions less severe than suspension or removal, if it finds that a faculty member charged with misconduct is culpable, but that the extreme sanctions of removal or suspension are disproportionate to the offense. MOTION H: ========= To add a new Section 7A and amend Section 15.1, as follows: (new language is in CAPS) Add a new Section 7A, as follows: 1 SECTION 7A. PEER REVIEW OF FACULTY PERFORMANCE 2 7A.1. GOALS AND EXPECTATIONS. THE FACULTY OF EACH ACADEMIC UNIT MUST 3 ESTABLISH GOALS AND EXPECTATIONS FOR ALL FACULTY MEMBERS, INCLUDING 4 GOALS AND EXPECTATIONS REGARDING TEACHING, SCHOLARLY PRODUCTIVITY, AND 5 CONTRIBUTIONS TO THE SERVICE AND OUTREACH FUNCTIONS OF THE UNIT. THE 6 FACTORS TO BE CONSIDERED WILL PARALLEL THOSE USED BY THE UNIT IN THE 7 GRANTING OF TENURE, BUT WILL TAKE INTO ACCOUNT THE DIFFERENT STAGES OF 8 PROFESSIONAL DEVELOPMENT OF FACULTY. THE GOALS AND EXPECTATIONS WILL 9 BE ESTABLISHED IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE 10 UNIVERSITY SENATE. THEY CAN PROVIDE FOR FLEXIBILITY, SO THAT SOME FACULTY 11 MEMBERS CAN CONTRIBUTE MORE HEAVILY TO THE ACCOMPLISHMENT OF ONE 12 MISSION OF THE UNIT AND OTHERS TO THE ACCOMPLISHMENT OF OTHER MISSIONS. 13 THE GOALS AND EXPECTATIONS SHALL NOT VIOLATE THE INDIVIDUAL FACULTY 14 MEMBER'S ACADEMIC FREEDOM IN INSTRUCTION OR IN THE SELECTION OF TOPICS 15 OR METHODS FOR RESEARCH. THEY SHALL INCLUDE REASONABLE INDICES OF 16 ACCEPTABLE PERFORMANCE IN EACH OF THE AREAS (E.G., TEACHING 17 CONTRIBUTIONS AND EVALUATIONS, SCHOLARLY PRODUCTIVITY, SERVICE, 18 GOVERNANCE AND OUTREACH ACTIVITIES). THE DEAN REVIEWS THE GOALS AND 19 EXPECTATIONS OF EACH UNIT AND MAY REQUEST CHANGES TO MEET THE 20 STANDARDS OF THE UNIVERSITY AND OF THE COLLEGIATE UNIT. 21 7A.2. ANNUAL REVIEW. EACH ACADEMIC UNIT, THROUGH ITS MERIT REVIEW 22 PROCESS (ESTABLISHED IN ACCORDANCE WITH THE STANDARDS ADOPTED BY THE 23 SENATE), ANNUALLY REVIEWS WITH EACH FACULTY MEMBER THE PERFORMANCE OF 24 THAT FACULTY MEMBER IN LIGHT OF THE GOALS AND EXPECTATIONS OF THE 25 ACADEMIC UNIT ESTABLISHED UNDER SECTION 7A.1. THIS REVIEW IS USED FOR 26 SALARY ADJUSTMENT AND FACULTY DEVELOPMENT. THE FACULTY MEMBER WILL 27 BE ADVISED OF THE EVALUATION AND, IF APPROPRIATE, OF ANY STEPS THAT SHOULD 28 BE TAKEN TO IMPROVE PERFORMANCE AND WILL BE PROVIDED ASSISTANCE IN THAT 29 EFFORT. 30 IF THE HEAD OF THE UNIT AND A PEER MERIT REVIEW COMMITTEE ELECTED FOR 31 ANNUAL MERIT REVIEW WITHIN THAT UNIT BOTH FIND A FACULTY MEMBER'S 32 PERFORMANCE TO BE SUBSTANTIALLY BELOW THE GOALS AND EXPECTATIONS 33 ADOPTED BY THAT UNIT, THEY SHALL ADVISE THE FACULTY MEMBER IN WRITING, 34 INCLUDING SUGGESTIONS FOR IMPROVING PERFORMANCE, AND ESTABLISH A TIME 35 PERIOD (OF AT LEAST ONE YEAR) WITHIN WHICH IMPROVEMENT SHOULD BE 36 DEMONSTRATED. 37 7A.3. SPECIAL PEER REVIEW IN CASES OF ALLEGED SUBSTANDARD 38 PERFORMANCE BY TENURED FACULTY. IF, AT THE END OF THE TIME PERIOD FOR 39 IMPROVEMENT DESCRIBED IN THE PREVIOUS PARAGRAPH, A TENURED FACULTY 40 MEMBER'S PERFORMANCE CONTINUES TO BE SUBSTANTIALLY BELOW THE GOALS AND 41 EXPECTATIONS OF THE UNIT AND THERE HAS NOT BEEN A SUFFICIENT IMPROVEMENT 42 OF PERFORMANCE, THE HEAD OF THE ACADEMIC UNIT AND THE ELECTED PEER 43 MERIT REVIEW COMMITTEE MAY JOINTLY REQUEST THE DEAN TO INITIATE A SPECIAL 44 PEER REVIEW OF THAT FACULTY MEMBER. BEFORE DOING SO, THE DEAN SHALL 45 INDEPENDENTLY REVIEW THE FILE TO DETERMINE THAT SPECIAL PEER REVIEW IS 46 WARRANTED. (IN THE CASE OF AN ACADEMIC UNIT THAT IS ALSO A COLLEGIATE 47 UNIT, THE REQUEST SHALL BE MADE TO AND THE REVIEW CONDUCTED BY THE 48 RESPONSIBLE SENIOR ACADEMIC ADMINISTRATOR.) 49 THE SPECIAL PEER REVIEW SHALL BE CONDUCTED BY A PANEL OF FIVE TENURED 50 FACULTY MEMBERS OF EQUAL OR HIGHER RANK, SELECTED TO REVIEW THAT 51 INDIVIDUAL. THE FACULTY MEMBER UNDER REVIEW SHALL HAVE THE OPTION TO 52 APPOINT ONE MEMBER. THE REMAINING MEMBERS SHALL BE ELECTED BY SECRET 53 BALLOT BY THE TENURED FACULTY OF THE UNIT. THE MEMBERS OF THE SPECIAL 54 REVIEW PANEL NEED NOT BE MEMBERS OF THE ACADEMIC UNIT. THE SPECIAL 55 REVIEW PANEL SHALL PROVIDE ADEQUATE OPPORTUNITY FOR THE FACULTY 56 MEMBER TO PARTICIPATE IN THE REVIEW PROCESS AND SHALL CONSIDER 57 ALTERNATIVE MEASURES THAT WOULD ASSIST THE FACULTY MEMBER TO IMPROVE 58 PERFORMANCE. THE TENURE SUBCOMMITTEE MAY ADOPT RULES AND PROCEDURES 59 REGULATING THE CONDUCT OF SUCH REVIEWS. 60 THE SPECIAL REVIEW PANEL SHALL PREPARE A REPORT ON THE TEACHING, 61 SCHOLARSHIP, SERVICE, GOVERNANCE, AND (WHEN APPROPRIATE) OUTREACH 62 PERFORMANCE OF THE FACULTY MEMBER. IT WILL ALSO IDENTIFY ANY SUPPORTING 63 SERVICE OR ACCOMMODATION THAT THE UNIVERSITY SHOULD PROVIDE TO ENABLE 64 THE FACULTY MEMBER TO IMPROVE PERFORMANCE. DEPENDING ON ITS FINDINGS, 65 THE PANEL MAY RECOMMEND: 66 (A) THAT THE PERFORMANCE IS ADEQUATE TO MEET STANDARDS AND THAT 67 THE REVIEW BE CONCLUDED; 68 (B) THAT THE ALLOCATION OF THE FACULTY MEMBER'S EXPECTED EFFORT 69 AMONG THE TEACHING, RESEARCH, SERVICE AND GOVERNANCE FUNCTIONS 70 OF THE UNIT BE ALTERED IN LIGHT OF THE FACULTY MEMBER'S STRENGTHS 71 AND INTERESTS SO AS TO MAXIMIZE THE FACULTY MEMBER'S 72 CONTRIBUTION TO THE MISSION OF THE UNIVERSITY; 73 (C) THAT THE FACULTY MEMBER UNDERTAKE SPECIFIED STEPS TO IMPROVE 74 PERFORMANCE, SUBJECT ONLY TO FUTURE REGULAR ANNUAL REVIEWS AS 75 PROVIDED IN SECTION 7A.2.; 76 (D) THAT THE FACULTY MEMBER UNDERTAKE SPECIFIED STEPS TO IMPROVE 77 PERFORMANCE SUBJECT TO A SUBSEQUENT SPECIAL REVIEW UNDER 78 SECTION 7A.3, TO BE CONDUCTED AT A SPECIFIED FUTURE TIME; 79 (E) THAT THE FACULTY MEMBER'S PERFORMANCE IS SO INADEQUATE AS TO 80 JUSTIFY LIMITED REDUCTIONS OF SALARY, AS PROVIDED IN SECTION 7A.4; 81 (F) THAT THE FACULTY MEMBER'S PERFORMANCE IS SO INADEQUATE THAT 82 THE DEAN SHOULD COMMENCE FORMAL PROCEEDINGS FOR TERMINATION 83 OR INVOLUNTARY LEAVE OF ABSENCE AS PROVIDED IN SECTIONS 10 AND 84 14; OR 85 (G) SOME COMBINATION OF THESE MEASURES. 86 THE PANEL WILL SEND ITS REPORT TO THE DEAN, THE HEAD OF THE ACADEMIC UNIT, 87 AND THE FACULTY MEMBER. WITHIN 30 WORK DAYS OF RECEIVING THE REPORT, THE 88 FACULTY MEMBER MAY APPEAL TO THE JUDICIAL COMMITTEE, WHICH SHALL 89 REVIEW THE REPORT IN A MANNER ANALOGOUS TO THE REVIEW OF TENURE 90 DECISIONS (SEE SECTION 7.7). 91 7A.4. SALARY REDUCTIONS. IF THE SPECIAL REVIEW PANEL RECOMMENDS THAT 92 THE FACULTY MEMBER'S PERFORMANCE IS SO INADEQUATE TO JUSTIFY LIMITED 93 REDUCTIONS OF BASE SALARY, THE HEAD OF THE ACADEMIC UNIT, WITH THE 94 APPROVAL OF THE DEAN, MAY REDUCE THE FACULTY MEMBER'S BASE PAY, SUBJECT 95 TO THE FOLLOWING LIMITATIONS: 96 (A) THE AMOUNT OF THE DECREASE WILL NOT EXCEED 10% OF THE FACULTY 97 MEMBER'S BASE SALARY ON THE BASIS OF ANY ONE SPECIAL REVIEW; 98 (B) BASE SALARY MAY NOT BE REDUCED BY MORE THAN 25% FROM THE 99 HIGHEST LEVEL OF BASE PAY EVER HELD BY THE FACULTY MEMBER; 100 (C) AT LEAST SIX MONTHS' NOTICE OF THE DECREASE MUST BE GIVEN; 101 (D) ANY DECREASE IN SALARY MAY BE RESTORED BY THE ANNUAL REVIEW 102 PROCESS PROVIDED IN SECTION 7A.2. 103 WITHIN 30 WORK DAYS OF NOTICE OF THE DECREASE, THE FACULTY MEMBER MAY 104 APPEAL THIS ACTION TO THE JUDICIAL COMMITTEE, WHICH SHALL REVIEW THE 105 ACTION AND THE RECOMMENDATION LEADING TO IT. IT IN A MANNER ANALOGOUS 106 TO THE REVIEW OF TENURE DECISIONS (SEE SECTION 7.7). THIS REVIEW MAY NOT 107 RECONSIDER MATTERS ALREADY DECIDED BY THE JUDICIAL COMMITTEE UNDER 108 SECTION 7A.3. 109 ANY DECREASE IN BASE PAY BEYOND THE LIMITS SPECIFIED IN THIS SUBSECTION 110 CAN ONLY BE IMPOSED PURSUANT TO SECTIONS 10 AND 14. Amend Section 15, as follows: Section 15. Appeals to the Judicial Committee ---------------------------------------------- 1 15.1. Right to Review. Any faculty member who claims that his or her 2 rights or status under these regulations have been adversely affected 3 without his or her consent may seek review before the Judicial Committee. 4 Cases arising under Sections 7, 7A ("7A" was added to this section), 10, or 5 11 may be brought directly to the Judicial Committee. In other cases the 6 faculty member must exhaust all other available University remedies before 7 bringing the case to the Judicial Committee; the Judicial Committee will 8 not proceed with such a case until the appropriate University body has 9 either decided it or has refused to consider it. Comment ------- This amendment makes formal provision for review of faculty performance. The section provides for two forms of review: annual review of every faculty member and special review of faculty members whose performance is substantially below the goals and expectations adopted by the faculty of the department. This system of post-tenure review builds on the existing system of annual reviews. That review involves establishment of departmental standards by the faculty of the unit and annual review of individual faculty members. This system of annual review may be further elaborated by the Senate and University administration. It is a critical element of this process and must be carefully followed in all units. Under this proposal, there will be a regular annual review of each faculty member. More intensive special reviews will be reserved for those instances in which the regular review process reveals serious deficiencies in the faculty member's performance and the deficiencies are not corrected. If those deficiencies continue, the department can ask the dean to initiate special review. Before doing so, the dean will independently review the case. If such special review is necessary, the faculty member will be notified and given an opportunity to name a member of the review panel and to participate in the review. The review will be conducted by a panel of faculty elected by the tenured faculty of the unit, together with one member selected by the faculty member under review. The Tenure Subcommittee can establish more detailed procedural guidelines for such special review committees. The review could reaffirm the quality of the faculty member's performance or could identify shortcomings which the faculty member ought to address. It may also identify assistance or accommodation that may be necessary to enable the faculty member to provide the best service possible to the University. The review is intended as a positive and proactive measure that can assist faculty members in realizing their full potential. This form of review is intended to deal primarily with cases of substandard, but not totally inadequate, performance. In cases of substandard performance, the post-tenure review could lead to a salary reduction for the individual, subject to some limitations. In response to a special review recommendation, the department could begin proceedings to terminate the appointment for "failure to perform reasonably assigned duties adequately" as provided in sections 10 and 14. This provision does not, however, limit the direct applicability of sections 10 and 14 without resorting to special review, if the facts justify that action. The regularity of the review is subject to appeal to the Judicial Committee under section 15. As in tenure denial cases, the Judicial Committee will review the proceedings to ensure procedural regularity, absence of discrimination, and the protection of academic freedom, but will not substitute its judgment on the merits. MOTION I: ========== To amend Section 7.11 as follows: (New language is in CAPS; language to be deleted is in [brackets]. Footnotes will be renumbered to conform to the remainder of the Regulations.) Section 7. Personnel Decisions Concerning Probationary Faculty --------------------------------------------------------------- 1 7.11 General Criteria. The basis for awarding indefinite tenure is the 2 determination that the achievements of an individual have demonstrated the 3 individual's potential to continue to contribute significantly to the 4 mission of the University (FOOTNOTE 1) and to its programs of teaching, 5 research, and service, over the course of the faculty member's academic 6 career. (footnote 2) The primary (footnote 3) criteria for demonstrating 7 this potential are effectiveness in teaching (footnote 4) and professional 8 distinction in research (footnote 5); outstanding discipline-related 9 service (footnote 6) [contributions] will also be taken into account where 10 they are an integral part of the mission of the academic unit. The 11 relative importance of the criteria may vary in different academic units, 12 but each of the criteria must be considered in every decision. (footnote 7) 13 The individual's participation in the governance of the institution and 14 other services to the University and service to the academic unit may be 15 taken into consideration, but are not themselves bases for awarding tenure. 16 Indefinite tenure may be granted at any time when the candidate has 17 satisfied the requirements. A probationary appointment must be terminated 18 when the appointee fails to satisfy the criteria in the last year of 19 probationary service and may be terminated earlier if it appears that the 20 appointee is not making satisfactory progress toward meeting the criteria 21 within that period. Footnotes --------- (1) THE MISSION OF THE UNIVERSITY INCLUDES, WHERE APPROPRIATE, OUTREACH ACTIVITY THAT EXTENDS A FACULTY MEMBER'S TEACHING, RESEARCH AND SERVICE BEYOND THE CAMPUS OR TO NONTRADITIONAL GROUPS OF STUDENTS AND CITIZENS. NOT EVERY FACULTY MEMBER WILL HAVE OUTREACH RESPONSIBILITIES. (2) For interpretation and possible applications, see the interpretative comment that will be provided in accordance with the provisions of Section 16.2. (3) Criteria other than those expressly listed in this sentence must be explicitly stated and justified in terms of the mission of the University. Such additional criteria may not impinge upon the academic freedom of the probationary faculty member. (4) "Teaching" is not limited to credit-producing classroom instruction. It encompasses other forms of communication of knowledge (both to students registered in the University and to other persons in the community) as well as the supervision or advising of individual graduate or undergraduate students. (5) "Research" is not limited to the publication of scholarly works. It includes activities which lead to the public availability of products or practices which have a significance to society, such as artistic production or the development of new technology or scientific procedures. (6) "Service" means performance within the faculty member's academic expertise and the mission of the academic unit. It does not include performance of quasi-administrative functions such as membership on faculty or Senate committees or other similar activities; those activities are relevant only to the limited extent set forth in the following paragraph OF THE TEXT. Where service is not an integral part of the mission of the academic unit, a faculty member's service may be considered, but is not a prerequisite to the awarding of tenure. (7) Because of the special mission of the Crookston [and Waseca campuses] CAMPUS, disciplined inquiry in their field of endeavor may be substituted for research in appraising faculty members there. Other exceptions may be made only in exceptional circumstances by means of special contract, as provided in section 3.6. Comment ------- This amendment formally recognizes the outreach mission of the University and includes it in the qualifications for tenure. As the footnote indicates, outreach can be part of the teaching, research, or service functions of the University. It is important to note that our mission is not only campus-based, nor is it limited to our traditional academic environments, but can also involve communication of teaching, research, and service throughout the community that we serve. While this amendment recognizes the outreach mission of the University, it does not require any faculty member to add outreach to other functions performed. Many faculty members have outreach activities and will continue to do so; others will continue to function entirely in more traditional teaching, research, and service. MOTION J: ======== To add the following paragraphs at the beginning of the document: (The entire item is new.) 1 PREAMBLE 2 THE BOARD OF REGENTS ADOPTS THESE REGULATIONS WITH THE CONVICTION 3 THAT A WELL-DEFINED STATEMENT OF RULES IS ESSENTIAL TO THE PROTECTION OF 4 ACADEMIC FREEDOM AND TO THE PROMOTION OF EXCELLENCE IN THIS UNIVERSITY. 5 A WELL DESIGNED PROMOTION AND TENURE SYSTEM ENSURES THAT 6 CONSIDERATIONS OF ACADEMIC QUALITY WILL BE THE BASIS FOR ACADEMIC 7 PERSONNEL DECISIONS, AND THUS PROVIDES THE FOUNDATION FOR ACADEMIC 8 EXCELLENCE. 9 TENURE IS THE KEYSTONE FOR ACADEMIC FREEDOM; IT IS ESSENTIAL FOR 10 SAFEGUARDING THE RIGHT OF FREE EXPRESSION AND FOR ENCOURAGING 11 RISK-TAKING INQUIRY AT THE FRONTIERS OF KNOWLEDGE. BOTH TENURE AND 12 ACADEMIC FREEDOM ARE PART OF AN IMPLICIT SOCIAL COMPACT WHICH 13 RECOGNIZES THAT TENURE SERVES IMPORTANT PUBLIC PURPOSES AND BENEFITS 14 SOCIETY. THE PEOPLE OF MINNESOTA ARE BEST SERVED WHEN FACULTY ARE FREE 15 TO TEACH, CONDUCT RESEARCH, AND PROVIDE SERVICE WITHOUT FEAR OF REPRISAL 16 AND TO PURSUE THOSE ACTIVITIES WITH REGARD FOR LONG TERM BENEFITS TO 17 SOCIETY RATHER THAN SHORT TERM REWARDS. IN RETURN, FACULTY HAVE THE 18 RESPONSIBILITY OF FURTHERING THE INSTITUTION'S PROGRAMS OF RESEARCH, 19 TEACHING, AND SERVICE, AND ARE ACCOUNTABLE FOR THEIR PERFORMANCE OF 20 THESE RESPONSIBILITIES. ADDITIONALLY, A WELL-DESIGNED TENURE SYSTEM 21 ATTRACTS CAPABLE AND HIGHLY QUALIFIED INDIVIDUALS AS FACULTY MEMBERS, 22 STRENGTHENS INSTITUTIONAL STABILITY BY ENHANCING FACULTY 23 MEMBERS'INSTITUTIONAL LOYALTY, AND ENCOURAGES ACADEMIC EXCELLENCE BY 24 RETAINING AND REWARDING THE MOST ABLE PEOPLE. TENURE AND PROMOTION 25 IMPLY SELECTIVITY AND CHOICE; THEY ARE AWARDED FOR ACADEMIC AND 26 PROFESSIONAL MERIT, NOT FOR SENIORITY. THE LENGTH AND INTENSITY OF THE 27 REVIEW LEADING TO THE GRANT OF TENURE ENSURES THE RETENTION ONLY OF 28 WELL-QUALIFIED FACULTY COMMITTED TO THE UNIVERSITY'S MISSION. 29 THE IDEAL ATTRIBUTES OF THE COLLECTIVE FACULTY OF ANY UNIT ARE 30 SCHOLARLY CREATIVITY, PROFESSIONAL COMPETENCE AND LEADERSHIP, 31 INTELLECTUAL DIVERSITY, THE ABILITY AND DESIRE TO TEACH EFFECTIVELY AND 32 THE WILLINGNESS TO COOPERATE WITH OTHER UNITS IN PROMOTING THE WORK AND 33 WELFARE OF THE UNIVERSITY AS A WHOLE. THE ADMINISTRATION AND FACULTY 34 SHOULD ENSURE, WITHIN EACH UNIT, NOT ONLY A PROPER BALANCE AMONG THESE 35 ACTIVITIES BUT ALSO THE MAINTENANCE OF EACH AT THE HIGHEST LEVEL, 36 TOGETHER WITH ACCOUNTABILITY AND SUITABLE RECOGNITION OF INDIVIDUAL 37 ACHIEVEMENT AND SERVICE. 38 THE TENURE REGULATIONS PROVIDE A COMPREHENSIVE SET OF POLICIES DEALING 39 WITH THE RELATIONSHIP BETWEEN THE UNIVERSITY AND ITS FACULTY. THE 40 REGULATIONS CLASSIFY THE FACULTY AS TENURED, PROBATIONARY AND TERM. 41 THEY PROVIDE FOR ANNUAL PERFORMANCE REVIEWS OF ALL FACULTY, AS WELL AS 42 ESPECIALLY THOROUGH REVIEWS BEFORE THE GRANTING OF TENURE, ON 43 PROMOTION IN RANK, AND WHEN THE PERFORMANCE OF A TENURED FACULTY 44 MEMBER IS ALLEGED TO BE SUBSTANDARD. THEY PROVIDE FOR THE REASSIGNMENT 45 OF FACULTY IN CASE OF THE REORGANIZATION OF THE UNIVERSITY OR CHANGES IN 46 ITS SCHOLARLY DIRECTION, AND FOR DISCIPLINE WHEN A FACULTY MEMBER FAILS 47 TO MEET PRESCRIBED STANDARDS OF CONDUCT. Comment ------- This amendment adds a preamble to the Tenure Regulations. The preamble sets forth, in general terms, the purposes and benefits of tenure. This provides a general introduction to the Regulations and provides members of the public who read those Regulations with an understanding of the importance of this institution. (We have heard from many sources that members of the public do not understand that purpose at present.) The first two paragraphs of the proposal are drawn from ideas articulated in the Tenure Regulations of Penn State University; the third paragraph is adapted from the MIT Code. The final paragraph provides an introduction and description for these University of Minnesota Tenure Regulations. MOTION K: ========= To add a new Section 2.3 and delete current footnotes 1, 2, 3 (as amended) and 11, as follows: (New language is in CAPS; language to be deleted is in [brackets]) Section 2. Applicability of Regulations and Continuity of Appointments ----------------------------------------------------------------------- 1 SECTION 2.3 DEFINITIONS. AS USED IN THESE REGULATIONS, 2 (A) AN "ACADEMIC UNIT" IS A DEPARTMENT OR SIMILAR UNIT. A SCHOOL, 3 COLLEGE OR DIVISION THAT IS NOT FURTHER SUBDIVIDED IS ALSO AN 4 ACADEMIC UNIT. 5 (B) THE "HEAD" OF AN ACADEMIC UNIT IS THE ACADEMIC ADMINISTRATOR 6 IMMEDIATELY RESPONSIBLE FOR IT, SUCH AS A CHAIR, HEAD OR DIRECTOR. 7 (C) A "COLLEGIATE UNIT" OR "COLLEGE" IS A MAJOR ACADEMIC ENTITY OF THE 8 UNIVERSITY. IT MAY BE A COLLEGE, SCHOOL, INSTITUTE OR CAMPUS. 9 (D) THE "DEAN" OF A COLLEGIATE UNIT IS THE ACADEMIC ADMINISTRATOR 10 IMMEDIATELY RESPONSIBLE FOR IT, SUCH AS A DEAN OR DIRECTOR OR (ON 11 A CAMPUS THAT IS NOT SUBDIVIDED INTO COLLEGES) A VICE-CHANCELLOR. 12 (E) A "SENIOR ACADEMIC ADMINISTRATOR" IS AN OFFICER WHO HAS FINAL 13 ADMINISTRATIVE REVIEW AUTHORITY ON ACADEMIC PERSONNEL 14 DECISIONS, AND WHO REPORTS DIRECTLY TO THE PRESIDENT AND 15 REGENTS, SUCH AS A VICE PRESIDENT, CHANCELLOR, OR PROVOST. THE 16 PRESIDENT WILL DESIGNATE ONE OR MORE SENIOR ACADEMIC 17 ADMINISTRATORS AND DEFINE THEIR RESPECTIVE JURISDICTIONS. 18 (F) THE "SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS" IS THE OFFICER 19 (OF WHATEVER TITLE) HOLDING PRIMARY RESPONSIBILITY FOR THE 20 DEVELOPMENT OF UNIVERSITY-WIDE ACADEMIC POLICY. THIS OFFICER 21 MAY ALSO SERVE AS SENIOR ACADEMIC ADMINISTRATOR FOR SOME OR ALL 22 OF THE UNIVERSITY, IF SO DESIGNATED BY THE PRESIDENT. 23 (G) "TENURED FACULTY" ARE THOSE FACULTY WHO HOLD INDEFINITE TENURE. Footnotes --------- [1 As used in these Regulations, "academic unit" means a department or other basic unit in which tenure is held. It may be a division, school, or college which is not further subdivided. The "head" of an academic unit is the academic administrator immediately responsible for it, such as a chair, head or director. 2 As used in these Regulations, "collegiate unit" or "college" means a major academic entity of the University. It may be a college, school, institute or campus. The "academic administrator" or "dean" of a collegiate unit is a dean, provost, or similar officer. 3 A "Senior Academic Administrator" is an officer who has final review authority on academic personnel decisions, and who reports directly to the president and Regents, such as a vice president, chancellor or provost. The president will designate one or more senior academic administrators to have responsibility for academic matters for all or part of the University, and will define their respective jurisdictions. 11 As used in these Regulations, "tenured faculty" means those members of the faculty who hold indefinite tenure.] Comment ------- This housekeeping amendment places the definitions in the text, close to the beginning of the Regulations, rather than in footnotes. This should make it easier for readers to understand the Regulations. MOTION L: ========= To add the following footnote at the end of the first sentence of new Section 4.4 approved by the Faculty Senate on May 30, 1996: (new language is in CAPS.) 1 4.4 Faculty Compensation. Each faculty member shall receive a base 2 salary, which shall not be decreased except as expressly authorized in 3 these regulations. (FOOTNOTE ***) The base salary shall consist of the 4 initial base salary plus any subsequent increase in base salary. In 5 general, it is expected that salary increases will be added to the base. 6 The University may also provide a faculty member with additional 7 compensation that is not part of the base salary. The additional 8 compensation may be for special awards or for activities in addition to 9 regular faculty responsibilities such as clinical practice, administrative 10 service, overload duties, summer school teaching, and summer research 11 support. The faculty member does not have a right to continuation of this 12 additional compensation beyond the time for which it is granted. 13 At the time an appointment is made, the offer and written notice of 14 appointment shall separately state the base salary and any additional 15 compensation, as described above, that the faculty member 16 will receive. (For faculty members employed at the time this amendment 17 takes effect, the initial base salary shall be the salary guaranteed under 18 these regulations at the time this amendment takes effect.) In each 19 subsequent year, the faculty member shall be provided with a written notice 20 separately stating any increase in base salary and any changes in the 21 additional compensation for the following academic year. Increases will be 22 presumed to be in base salary unless otherwise identified. Footnotes --------- (***) SEE SECTIONS 7A.3 (SALARY REDUCTION FOR PERFORMANCE SUBSTANTIALLY BELOW GOALS AND EXPECTATIONS), 11.4 (FORMULA REDUCTION OR POSTPONEMENT OF SALARY IN CASE OF FISCAL EMERGENCY), AND 14 (DISCIPLINARY ACTIONS WITH JUDICIAL COMMITTEE REVIEW). The following interpretations to the Regulations Concerning Faculty Tenure were approved by the Tenure Subcommittee on May 31, 1996. INTERPRETATION 1: ================= The Tenure Subcommittee proposes to adopt the following formal Interpretation of Section 10.2. It does not require formal Faculty Senate action. (The entire text is new.) 1 FACULTY MEMBERS ARE FREE TO CHOOSE TOPICS FOR RESEARCH OR OUTREACH 2 AND TO DISCUSS ALL RELEVANT MATTERS IN THE CLASSROOM, IN ACCORDANCE 3 WITH THE PRINCIPLES OF ACADEMIC FREEDOM AND RESPONSIBILITY. THE HEAD OF 4 THE ACADEMIC UNIT WILL ASSIGN INDIVIDUAL FACULTY MEMBERS TO TEACH 5 SPECIFIC COURSES IN ACCORDANCE WITH THE ACADEMIC WORKLOAD STATEMENT 6 AND OTHER POLICIES ADOPTED BY THE FACULTY OF THAT UNIT. A FACULTY 7 MEMBER MAY CHALLENGE AN ASSIGNMENT BY SHOWING THAT IT IS 8 UNREASONABLE. AN ASSIGNMENT IS UNREASONABLE IF: (A) TAKEN AS A WHOLE, 9 IT EXCEEDS THE WORKLOAD EXPECTED IN THE WORKLOAD STATEMENT OF THAT 10 UNIT, (B) THE FACULTY MEMBER LACKS THE BASIC QUALIFICATIONS TO TEACH THE 11 COURSE, OR (C) THE ASSIGNMENT WAS MADE IN VIOLATION OF THE FACULTY 12 MEMBER'S ACADEMIC FREEDOM OR IN VIOLATION OF ANOTHER SPECIFIC 13 UNIVERSITY POLICY. THE FACULTY MEMBER SHOULD CARRY OUT THE TEACHING 14 ASSIGNMENT PENDING RESOLUTION OF ANY GRIEVANCE, UNLESS THE RESPONSIBLE 15 GRIEVANCE OR HEARING OFFICER OR PANEL INDICATES THAT PROVISIONAL 16 MEASURES ARE APPROPRIATE. Comment ------- This Interpretation is intended to reinforce the common understanding that faculty members must cooperate in the ongoing work of the department or other academic unit. The department head (or equivalent officer) has the responsibility to assign faculty members to particular teaching assignments. In doing so the skills, experience, and interest of faculty members should be taken into account, but the department head has the duty and responsibility to distribute equitably the workload among all faculty members in accordance with the policies formally adopted in the unit. A faculty member has the obligation to teach the courses assigned, as long as the assignment is reasonable. Disagreements about assignment should be resolved informally, if possible. Otherwise, a formal grievance may be filed. The faculty member should carry out the assigned duty pending resolution of that grievance, unless provisional measures are indicated. INTERPRETATION 2: ================= The Tenure Committee proposes to adopt the following Interpretation of Section 12: (The entire text is new.) 1 SECTION 12.2 OF THE TENURE REGULATIONS RECORDS AN UNDERSTANDING 2 THAT, IN CASE OF PROGRAMMATIC CHANGE, "THE UNIVERSITY RECOGNIZES ITS 3 OBLIGATION TO CONTINUE THE EMPLOYMENT OF REGULAR FACULTY IN 4 ACCORDANCE WITH THE TERMS OF THEIR EMPLOYMENT" AND "REGULAR FACULTY 5 MEMBERS WHO ARE SO RETAINED HAVE THE RESPONSIBILITY TO ACCEPT TEACHING 6 OR OTHER ASSIGNMENTS FOR WHICH THEY ARE QUALIFIED." THIS INTERPRETATION 7 CLARIFIES THE PROCESSES TO BE FOLLOWED TO EFFECTUATE SECTION 12.2. 8 IN CASE OF PROGRAMMATIC CHANGE THAT LEADS TO THE DISCONTINUATION 9 OF A PROGRAM, THE ASSIGNMENT OF NEW RESPONSIBILITIES WILL BE MADE BY A 10 UNIVERSITY OFFICER DESIGNATED BY THE PRESIDENT. THE OFFICER WILL 11 CONSULT WITH THE FACULTY MEMBER AND THE POTENTIAL RECEIVING UNIT AND 12 WILL SEEK A MUTUALLY SATISFACTORY ASSIGNMENT. 13 IF AGREEMENT CANNOT BE REACHED, THE UNIVERSITY OFFICER WILL ASSIGN 14 NEW RESPONSIBILITIES AFTER CONSULTATION WITH THE INDIVIDUAL. THE 15 ASSIGNMENT WILL BE AS CLOSELY RELATED TO THE ORIGINAL APPOINTMENT AS 16 PRACTICABLE. THE FORMAL ASSIGNMENT WILL BE IN WRITING AND WILL INDICATE 17 THE CONTINUING NATURE OF THE FACULTY MEMBER'S TENURE. 18 FOR FIVE YEARS AFTER THE REASSIGNMENT, THE FACULTY MEMBER WILL BE 19 INFORMED OF VACANCIES IN HIS/HER ORIGINAL DEPARTMENT (OR IN SUCCESSOR 20 OR RELATED DEPARTMENTS) AND WILL BE GIVEN PREFERENCE IN FILLING ANY 21 SUCH POSITIONS FOR WHICH HE/SHE IS QUALIFIED. 22 EVERY EFFORT SHOULD BE MADE TO SEEK A SATISFACTORY PERMANENT 23 ASSIGNMENT. IF THIS CANNOT BE ACCOMPLISHED, TEMPORARY ASSIGNMENTS CAN 24 BE MADE. 25 AS PROVIDED IN SECTION 12.2, THE UNIVERSITY MAY GIVE THE FACULTY 26 MEMBER "OTHER ASSIGNMENTS" ONLY IF ASSIGNMENTS TO TEACHING IN THE 27 FACULTY MEMBER'S DISCIPLINE ARE NOT FEASIBLE. FOR EXAMPLE, FACULTY 28 MIGHT BE ASSIGNED 29 -- TO TEACH IN ANOTHER FIELD IN WHICH THE INDIVIDUAL IS QUALIFIED, 30 BUT WHICH IS NOT WITHIN THE AREA OF ORIGINAL TENURE. 31 -- TO PERFORM PROFESSIONAL OR ADMINISTRATIVE DUTIES, INCLUDING 32 PROFESSIONAL PRACTICE IN A FIELD IN WHICH THE INDIVIDUAL IS 33 QUALIFIED. 34 -- TO TRANSFER EFFORT BY ASSIGNMENT IN A SUITABLE PROFESSIONAL 35 CAPACITY AT ANOTHER EDUCATIONAL INSTITUTION OR SIMILAR ENTITY, 36 WHILE RETAINING UNIVERSITY TENURE, COMPENSATION, AND BENEFITS. 37 -- TO UNDERTAKE EDUCATIONAL OR TRAINING PROGRAMS TO DEVELOP OR 38 REFINE SKILLS THAT LATER MAY BE USEFUL TO THE UNIVERSITY; THE 39 COSTS OF SUCH PROGRAMS WILL BE BORNE BY THE UNIVERSITY. 40 IF SUCH ASSIGNMENTS ARE MADE, THE UNIVERSITY WILL PROVIDE AN 41 OPPORTUNITY FOR THE FACULTY MEMBER TO CONTINUE RESEARCH IN THE 42 ORIGINAL FIELD. 43 IT WILL NOT ALWAYS BE POSSIBLE TO IDENTIFY MUTUALLY AGREEABLE 44 ASSIGNMENTS. IF THE FACULTY MEMBER BELIEVES (I) THAT HE OR SHE IS UNABLE 45 TO PERFORM THE ASSIGNED DUTIES OR (II) THAT HE OR SHE IS QUALIFIED FOR 46 SOME OTHER OPEN POSITION THAT IS MORE CLOSELY RELATED TO HIS OR HER 47 ORIGINAL APPOINTMENT, THE FACULTY MEMBER SHOULD INFORM IN WRITING THE 48 UNIVERSITY OFFICER MAKING THE ASSIGNMENT. IF THEY CANNOT REACH 49 AGREEMENT, THE FACULTY MEMBER MAY FILE A FORMAL GRIEVANCE ON THESE 50 ISSUES. IF THE ASSIGNED RESPONSIBILITIES ARE LOCATED A SUBSTANTIAL 51 DISTANCE AWAY FROM THE PREVIOUS WORK LOCATION, THE UNIVERSITY WILL 52 PROVIDE FOR TRAVEL EXPENSES (IF TEMPORARY) OR MOVING EXPENSES (IF 53 PERMANENT). 54 THE UNIVERSITY MAY ALSO OFFER INDUCEMENTS TO FACULTY MEMBERS TO 55 SEEK THEIR VOLUNTARY SEPARATION FROM THE UNIVERSITY. THESE MAY 56 INCLUDE: 57 --EARLY RETIREMENT PACKAGES; 58 --REDUCED TIME APPOINTMENTS; 59 --SEVERANCE AGREEMENTS, INCLUDING CONTINUATION OF BENEFITS. 60 THE UNIVERSITY MAY MAKE THESE OPTIONS AVAILABLE ON A SELECTIVE BASIS, 61 AND NEED NOT EXTEND THE SAME OFFER TO ALL MEMBERS OF THE FACULTY. Comment ------- This interpretation clarifies the consequences of the understanding recorded in section 12.2 of the Tenure Regulations. Faculty members make extensive and long-term commitments to the development of their academic disciplines. In order to encourage that commitment, the University makes a similar long-term commitment to the faculty members. Both of them recognize that scientific and social changes may lead to changes in the programs that the University can offer. In order to increase the benefit for both parties, the University agrees to offer other appropriate employment to faculty members whose programs are discontinued, and the faculty members agree to be flexible in accepting alternative assignments. This issue was extensively considered by the Board of Regents when the Tenure Regulations were adopted. The Board then accepted the importance of guaranteeing tenure appointments. This solution presents neither the extreme of abandoning by lay-offs individuals who have invested heavily in the development of the academic stature of the University nor the opposite extreme of lifetime employment in an unwanted field. Rather, it seeks an intermediate solution in which both parties seek in good faith to accommodate their mutual expectations to changing circumstances. The interpretation seeks to clarify the procedures that will be used to make reassignments of faculty effort in cases of programmatic change.