SUBJECT: POLICY STATEMENT ON ACADEMIC FREEDOM, RESPONSIBILITY, AND                   TENURE

APPLICABILITY: FACULTY

1.00000 Freedom and Responsibility

1.10000 Introduction

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

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

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

1.20000 Constitutional Freedoms and the University

The constitutional freedoms guaranteed by the First Amendment are enjoyed equally by all citizens under the law. The University of North Texas encourages the exercise of these rights as citizens by members of its academic community with the assurance that they will not be subject to institutional censorship or discipline.

When members of the academic community at the University of North Texas speak or write as citizens, however, they must bear in mind that, by their actions, the public will inevitably judge their profession and their institution. To both profession and institution they are, therefore, under obligation at all times to be accurate, to exercise appropriate restraint, to show respect for the opinions of others and to make it clear that they are not official spokesmen for the institution.

1.30000 Academic Freedom

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

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

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

1.40000 Academic Responsibility

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

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

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

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

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

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

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

2.00000 Tenure

2.10000 General

The goals of the University of North Texas center on teaching, research and other scholarly activity, and service; and these goals can be accomplished through the building of a superior faculty. A system of tenure is a valuable aid in attracting persons of ability, in encouraging their retention, and in providing a stable environment in which full effort can be given to teaching and scholarly activity.

Academic tenure is a condition of employment under which termination may be only for adequate cause and as determined by due process. Due process hearings at the University of North Texas are conducted by a University Tenure Committee, whose members are elected by the faculty following procedures stipulated by the Faculty Senate.

Tenure, by its requirement of due process hearings, is the only substantive protection afforded for academic freedom. Together with academic freedom, tenure is thus essential to the success of the university in fulfilling its mission.

The granting of tenure is the most important decision arrived at in the development of an outstanding faculty. It is a selective process which recognizes the individual as a continuing member of the faculty based on performance during a trial period. The importance of this decision to the university dictates that affirmative action in awarding tenure be taken only when there is no reasonable doubt of the individual’s long-term contribution to the goals of the university.

It is of the utmost importance that, particularly during probationary service, the faculty member be advised and counseled by the departmental chair and/or Promotion and Tenure Committee concerning progress toward tenure as marked by annual (or semiannual) evaluations by students, peers and the departmental chair.

2.20000 Criteria for Recommendation for Tenure

Recommendations for tenure are based on critical review of explicit evidence accumulated during a probationary period as to the faculty member’s performance in the functions of teaching, research or other scholarly or creative activities, and service.

Quality teaching is a minimum expectation for the granting of tenure, and no recommendation for tenure should be made in case of any reasonable doubt.

In a university, members of the faculty must show continuing growth and development through research, writing or other creative activities, and through participation in professional activities of their discipline. A recommendation for tenure must be based on a record of quality performance in this area and, so far as is possible, some indication of long-term motivation and interest.

Outstanding public service related to the mission of the university likewise serves as one criterion for recommendation of tenure. It is understood that such opportunities are somewhat restricted in some disciplines.

Balance among these various activities may be expected to vary somewhat from one discipline to another and as a matter of choice between individuals; however, contributions in one area alone will rarely qualify a person for tenure. Therefore, scholarly production, even of exceptional quality, will not compensate for indifferent teaching; nor will unusually effective teaching compensate for a total lack of scholarly or professional accomplishments manifesting the individual’s continuing professional growth and development.

The granting of tenure is the beginning of a second and more long-term phase of professional association. The recommendation must carry with it the assurance, so far as can be determined, that the individual practices professional integrity; that he or she adheres to high standards of professional ethics; that he or she understands the nature of membership in a community of scholars and has the ability and desire to work as a member of a group while retaining all rights of individual expression; and that he or she feels a sense of responsibility for the well-being of the University of North Texas and a commitment to work for the accomplishment of its goals. Criteria mentioned in this paragraph are considerably more nebulous than those found in the paragraphs above.

Department chairs and committees therefore have a greater duty to advise and counsel probationary faculty members concerning progress toward tenure as marked by annual (or semiannual) evaluations by peers and the department chair. This advice and counsel must encompass all four areas considered in a tenure decision—teaching effectiveness, scholarship/creative activity, service, professional integrity/community of scholars. Before the tenure decision is made, any deficiencies in meeting standards in these categories should be pointed out to the probationary faculty member so that the candidate has an opportunity to improve.

2.30000 Guidelines

2.31000 Types of Faculty Appointments

2.31100 Terminal: at any rank, no expectation of reappointment.

2.31200 Temporary: at any rank, not eligible for tenure; renewable at the option of the university.

2.31300 Probationary: as instructor or above only, eligible for tenure; renewable at the option of the university; with potential for achieving tenure and full rank, but with no automatic assurance of either. Any instructor who shall be promoted to the rank of assistant professor shall have the time of his or her service at the University of North Texas applied to the probationary period. Time served at another university may not apply.

2.31400 Continuing: with tenure.

2.32000 Only individuals with probationary appointments (2.31300) as instructor or above are eligible for consideration for tenure.

2.33000 Probationary Periods

2.33100 Beginning with appointment to the rank of instructor or assistant professor the probationary period shall not exceed six years. If a faculty member has been duly notified of the university’s intention not to grant tenure by the end of the sixth year of service, he or she may expect to be retained through a seventh (terminal) year.

2.33200 Beginning with the appointment to the rank of associate professor or professor the probationary period shall not exceed three years.

2.33300 On recommendation of the department and approval by the dean and provost and vice president for academic affairs, the probationary period for a faculty member appointed at the rank of assistant professor or higher may be decreased by the same amount of time that he or she has served at another institution at the same rank. Any such agreements should be specified in writing at the time of the faculty member’s initial appointment. Each such new faculty member shall, however, serve a minimum probationary period of no less than one year, except as the President of the University may make an exception and recommend immediate tenure.

2.33400 Deferral of a decision on tenure may extend the probationary period by not more than one year.

2.33500 By mutual agreement between the faculty member and the university, appointments on a temporary basis (2.31200) may be made without regard to probationary periods.

2.33600 A faculty member on probationary appointment (eligible for tenure) may, unless otherwise specified in writing at the time of employment, choose the probationary term from any tenure policy statement in force between the time of initial employment and the time when a determination of tenure status is made.

2.34000 Faculty members continue to hold tenure while on sabbatical leave, physically disabled, or on leave of absence from the university; those who resign shall lose their tenure.

2.40000 Procedures

2.41000 Departmental recommendations concerning the renewal of probationary appointments and/or the granting of tenure shall be prepared according to procedures developed by the Office of the Provost and Vice President for Academic Affairs and subject to approval by the Faculty Senate.

2.42000 As soon as the departmental recommendation has been put in final form for transmittal to the dean, the departmental chair shall notify in writing the faculty members concerned as to the departmental recommendation. Those adversely recommended shall be advised of the procedure for appeal to the departmental chair and/or departmental promotion and tenure committee. Notification shall be not less than 10 days prior to the date of transmittal to the dean in order that departmental hearings may be arranged if desired. Summary reports of such hearings shall be included with the report to the dean.

2.43000Notification of intention not to reappoint shall be in accordance with the following schedule.

2.43100 Not later than March 1 of the first academic year of probationary service if the appointment expires at the end of that year; or, if a one-year appointment terminates during an academic year, at least three months prior to its termination.

2.43200 Not later than December 15 of the second academic year of probationary service.

2.43300 Not less than 12 months before termination of employment after two or more years of probationary service.

3.00000 Termination of Employment

3.10000 Non-Renewal of Term Appointments

3.11000 A faculty member on a term appointment (temporary or probationary) has all the rights of a tenured member of the faculty during the period of his or her appointment, except as otherwise specified herein.  

3.12000 Renewal of a term appointment is based on a departmental recommendation as approved through administrative channels. The decision is arrived at according to procedures referred to in 2.40000 above and described in more detail in "Procedures for Recommendation of Tenure" published by the Office of the Provost and Vice President for Academic Affairs.   Renewal of an appointment is entirely at the option of the University.

3.13000 A faculty member who alleges that non-renewal of his or her term appointment was based primarily on his or her exercise of academic freedom or constitutional rights or that the action did not follow established procedures has available all the rights of due process outlined below (3.22000) except that the faculty member shall have no right to an appeal before the Board of Regents as set forth in section 3.22500.   In such case the burden of proof is upon the faculty member.

3.20000 Dismissal of a Tenured Member of the Faculty

3.21000 Adequate cause for dismissal of a tenured faculty member or of a non-tenured member prior to expiration of a term appointment may be established only by demonstrating professional incompetence, moral turpitude or gross neglect of academic responsibilities as defined in 1.00000. Cases of bonafide financial distress or reduction of institutional programs requiring reduction of faculty may permit exceptions.

In cases of bonafide distress:

3.21100 Faculty members involved should be given appointments in related fields provided they are competent to teach in such areas and such positions are available.

3.21200 Faculty members who can present prima facie evidence of discriminatory treatment or infringement of academic freedom in such emergencies have the right to a hearing before the University Tenure Committee.

3.21300 Any faculty member involved in such a readjustment has the right to reappointment to the previous position if it is re-established within two calendar years.

3.21400 Significant faculty involvement should occur in the initial decision to reduce faculty because of bonafide financial distress or reduction of institutional programs.

3.22000 Due Process for Dismissal

3.22100 Personal Conference. When reason arises to question the fitness of a faculty member, or other circumstances require termination of employment, the departmental chair or other appropriate administrative officer shall discuss the reason with him or her in personal conference prior to formal initiation of action. The matter may be terminated by mutual consent at this point; but if agreement is not reached, a departmental advisory inquiry may be requested by the faculty member as detailed below.

3.22200 Suspension of the faculty member from his or her usual duties prior to or during hearings is justified only if immediate harm to self or the university is threatened by his or her continuance. Suspension, however, shall not exempt his or her claim to full pay and to all privileges and honors accruing to the faculty member from the faculty position.

3.22300 Departmental Advisory Inquiry

The advisory inquiry will be conducted by the departmental tenure committee. The proceedings shall be informal, and the protocol will be flexible and personal. The committee will make such inquiry as it deems necessary and may confer with the parties concerned in its attempts to effect conciliation, adjustment or compromise. If none is achieved, the faculty member may ask for a hearing before the University Tenure Committee.

3.22400 Hearing by the University Tenure Committee

3.22410 If a faculty member desires a hearing before the University Tenure Committee, he or she shall write to the president of the university within one month of the close of the departmental advisory inquiry indicating the desire to question termination of employment. The hearing will be conducted by the University Tenure Committee at a time suitable to the parties concerned within a period of two months after the request is made by the faculty member.

3.22420 If the university proposes to dismiss the faculty member for cause as indicated above, the burden of proof to show adequate cause rests on the university. One month prior to the hearing the faculty member will be presented with a statement of charges framed with reasonable particularity by the Provost and Vice President for Academic Affairs or a delegate.

3.22430 If the faculty member alleges that dismissal is based primarily on denial of academic freedom or constitutional rights, or that established procedures were not followed, the burden of proof rests on him or her. In this case the faculty member shall prepare a detailed written statement of particulars and submit it to the President of the University one month prior to the hearing.

3.22440 Notice to the parties concerned of the hearing shall specify the time and place and the procedural rights and privileges to be accorded to each. These shall include the following:

3.22441 The parties may be represented by academic advisers of their own choosing.

3.22442 The hearing shall be restricted to the principals, their advisers, the witnesses called by the committee and such observers as the committee may specifically invite. Each of the principal parties to a due process hearing is specifically entitled to invite a non-participating observer from a recognized education agency to attend the hearing.

3.22443 Both the parties shall have the right to confront, cross-examine and rebut all witnesses.

3.22444 Each party may submit written briefs, expert opinion and other evidence deemed pertinent.

3.22445 All statements, documents, etc., to be used in these hearings must be made accessible to both parties not less than one week prior to the hearing.

3.22446 Faculty members shall not be required to testify against themselves.

3.22447 Only relevant but full and uninterrupted argument by the parties shall be allowed.

3.22450 The University Tenure Committee shall make explicit findings on each of the grounds presented and shall submit a written report to the President and the faculty member simultaneously. If the committee concludes that adequate cause for dismissal has not been demonstrated, it will so report to the President. If the President rejects this conclusion he or she will state the reasons in writing to the committee and the faculty member and will provide an opportunity for response before a final decision is reached.

3.22460 Minority opinions may be filed with the committee report.

3.22470 A verbatim record of the hearing will be taken, and a typewritten copy which includes the conclusions and recommendations of the committee together with minority opinions will be made available to the faculty member without cost, at his or her request.

3.22500 Except as provided in 3.13000, if dismissal is recommended by the President he or she will, on request of the faculty member, transmit to the Board of Regents the record of the case for review. Review by the board shall be based on the record of the previous hearings and may include the opportunity for further argument by the principals or their representatives. The recommendation of the Tenure Committee shall either be sustained or the proceedings be returned to the President of the University and to the Tenure Committee with objections specified. In such case, the Tenure Committee shall reconsider, taking account of the stated objections and receiving new evidence if necessary. It shall frame its reconsidered recommendation and communicate it in the same manner as before. Only after study of the Tenure Committee’s reconsideration will the Board of Regents render a written decision overruling the committee.

3.23000 If the faculty appointment is to be terminated, the faculty member, except in cases of moral turpitude, will receive his or her salary at least for one year or for the period of notice to which he or she is entitled under these regulations. The faculty member will be continued in his or her duties for that period unless, at the discretion of the President, the faculty member be granted a leave of absence with pay.

3.24000 By mutual consent of the parties no public statements may be made concerning the case; however, in any event, public statements shall be avoided so far as possible until the proceedings have been concluded. It is to be hoped that neither the university nor the faculty member shall use the result of these proceedings in any manner whatsoever which may bring ridicule, shame or injury upon the party.

4.00000 University Tenure Committee

4.10000 The University Tenure Committee is provided for and its charge is given in Article VI, Section 2 of the Faculty Senate Charter, in the following language: "There shall be a University Tenure Committee whose members shall not be appointed by the Committee on Committees but shall be elected by the faculty at large. The Tenure Committee shall be responsible, subject to the approval of the faculty, for deciding and promulgating tenure policy for the university and for creating procedures for handling specific complaints or grievances concerning tenure and academic freedom."

4.20000 The University Tenure Committee shall consist of 11 full-time faculty members without regard to rank who must have been granted tenure prior to the date of their election to the committee. Eight shall be elected, one from each of the eight voting groups provided for in Article II, Section 2, of the By-Laws of the Faculty Senate. Three shall be elected at large. No department or its equivalent shall have more than one member on the committee at the same time.

4.30000 The term of service on the committee shall be three years. A member may be elected for a second consecutive term but is not then eligible for re-election for one year. Members serving one day more than one-half of another’s unexpired term shall be deemed to have served a full term. Each member serving on the committee at the time of the adoption of this amendment shall complete his or her service as if this section had been in force when he or she was first elected to the current term of service.

4.40000 Each term shall begin September 1 and end August 31.

4.50000 The election of members to the committee shall take place annually in the spring in time to be completed prior to May 1. The election from voting groups shall be completed prior to the at-large election. The election shall be conducted by the Faculty Senate Elections Committee, using its normal nomination, election and balloting procedures.

4.60000 The committee shall elect a chair and a secretary, and such other officers as it deems fit. It shall promulgate such rules of operation as it deems fit, so long as they conform to the purposes of the committee and do not conflict with any provision of the Tenure Document.

The foregoing statement was adapted or taken directly from documents on academic freedom, faculty responsibility and tenure as follows:

"Policy Documents and Reports of the American Association of University Professors," American Association of University Professors, (1969).

"Statements on Academic Freedom and Responsibility and Academic Tenure," American Association of State Colleges and Universities, (November, 1971).

"Academic Freedom, Tenure and Responsibility for Faculty Members in Texas Public Colleges and Universities," Coordinating Board, Texas College and University System, (1967).

"Statement on Academic Freedom, Faculty Responsibility, and Tenure of the Faculty, Administration, and Board of Regents," University of North Texas (1969).