Faculty Handbook           Section IV

C.    University Tenure Committee

1. Tenure Committee Structure

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."

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 Bylaws 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.

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 that 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.

Each term shall begin September 1 and end August 31.

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.

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.

2. Hearing by the University Tenure Committee

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.

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.

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.

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:

• The parties may be represented by academic advisers of their own choosing.
• 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.
• Both the parties shall have the right to confront, cross examine and rebut all witnesses.
• Each party may submit written briefs, expert opinion and other evidence deemed pertinent.
• 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.
• Faculty members shall not be required to testify against themselves.
• Only relevant but full and uninterrupted argument by the parties shall be allowed.

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.

Minority opinions may be filed with the committee report.

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.

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.

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 is granted a leave of absence with pay.

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 conducted. 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.

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