New appointees to the Ohio University faculty will be given:
A written statement of appointment, specifying salary arrangements. This statement shall be provided by the dean of the appropriate college.
A written communication constituting and entitled "A Contract" shall include the conditions of employment, and describe any and all exceptions to the conditions specified in Section II of this Faculty Handbook. The contract shall be provided by the appropriate academic dean and shall be signed by the President.
A copy of the Faculty Handbook. (a hardcopy is no longer available as of September 1, 2002)
Descriptive literature, prepared by University Human Resources, describing and explaining the University Group Life Insurance Plan, Major Medical Expense Insurance, the State Teachers Retirement System of Ohio, the University Travel Accident Insurance Plan, the Ohio University Employees Credit Union, the Tax-Deferred Annuities Program, and the Twelve-Month Pay Option, if applicable.
In addition, Group I appointees will be given:
A written statement of the tenure and promotion policy of the department, school, or division to which the faculty member is appointed, which is in effect on the starting date of such appointment.
A written statement of the tenure and promotion policy of the college or campus within which that department, school, or division resides, and which is in effect on the starting date of the appointment.
Upon receipt and return of the formal contract, or as soon as practicable after arrival on the campus following his or her appointment, the new appointee shall call at University Human Resources to fill out personnel cards and insurance papers, and to take care of other pertinent administrative matters.
B. Special Appointments
1. Professional Courtesy Appointments
A department at Ohio University may provide an academic home to professional persons through special courtesy appointments as a Research Scholar, Research Scientist, or Artist when mutually beneficial to the individual and the department. Persons with these appointments receive an annual letter of appointment that describes the nature of their work with an appropriate title.
Appointments are made by the dean of a college upon recommendation from a department or regional campus division, and copies of the letter of appointment go to the Provost and President. Persons granted these appointments must have the appropriate qualifications to pursue a program of research, scholarship, or creative activity. This program may also include proposal and report writing, grant solicitation, publication of results, and/or performance and exhibition.
Such appointees are given computer accounts, faculty ID cards, parking, faculty library privileges, and are listed in the campus directory, but receive no salary. Additional resources may be made available to them by departments or regional campuses depending on availability.
Suitably qualified appointees may teach regularly scheduled classes upon the issuance of a contract specifying both an appropriate salary and group classification.
2. Other Special Appointments
It is recognized that in some departments and divisions of the University, there are positions, such as Technical Assistant and Curator that do not necessarily require advanced degrees. Appointees to these positions will not ordinarily receive tenure. In addition to a formal contract, such appointees will be given a written statement describing the character as well as the probable minimum and maximum duration of their work.
C. Faculty Rank and Status: Privileges and Limitations
1. Academic Rank
A person appointed to a position as an Instructor, Lecturer, Assistant Professor, Associate Professor, or Professor shall be recognized as holding academic rank. The position of Professor shall include special titles, such as Distinguished Professor and Trustees Professor, and appointments to endowed chairs.
2. Appointment of Faculty
All holders of academic rank shall hold this rank in an academic department[1] of the University. Academic departments include only those listed in the current Ohio University Undergraduate Catalog, with such additions or deletions as may be recommended by the Provost and approved by the President.
Appointment of any faculty member to a particular department should be made by the President upon recommendation initiated by the department concerned and approved by the dean of the college involved and the Provost of the University. In cases where an appointment has been recommended by the academic department and the dean of the college, but not approved by higher administrative officers, the reason for the denial of appointment shall be conveyed in writing to the person concerned, to the dean of the college, and to the department chairperson.
3. Classification of Faculty
Within a given department or regional campus, each person holding faculty rank shall hold but a single classification (Group I, II, III, or IV).
All persons holding faculty rank whose primary employment is by an educational institution other than Ohio University shall be classified in Group II, III, or IV.
All personnel holding faculty rank shall be classified according to the following groups:
Group I consists of persons on full-time or part-time appointments specifically designated as Group I faculty who, except when on unpaid leave granted at their request, are employed in at least two semesters of a fiscal year, and who are so employed from the date of receiving an appointment in the Group I category until that appointment terminates. A person may not change to Group II or III or IV categories once the initial appointment in Group I is made. Faculty shall be classified with respect to the campus where their teaching duties are principally performed.
Group I (retired) consists of Group I faculty covered under the Early Retirement Policy (see Section III.R). Persons with Group I (retired) classifications have the rights and privileges of persons with Group I classifications with the following exceptions: they will be ineligible for promotion in academic rank, University Faculty Fellowship Leave, and membership in the Faculty Senate; they will be ineligible to vote in Faculty Senate elections and on matters concerning promotion, tenure, new appointments, renewal of probationary appointments, merit pay, and any other issues requiring formal departmental action.
Persons holding part-time appointments must have qualifications equal to those currently used by departments or regional campuses as criteria for full-time appointments.
Depending on their qualifications and experience, persons holding part-time appointments in Group I may be appointed as Part-Time Professors, Part-Time Associate Professors, Part-Time Assistant Professors, Part-Time Instructors, and Part-Time Lecturers. All appointments to Group I will be reviewed according to the usual procedure by the dean and the Provost.
All faculty in Group I shall be employed, in terms of their work assignments, according to the following guidelines:
Faculty members may be employed on the basis of full-time or part-time appointments.
Faculty members of a given department or regional campus may negotiate a shift from a full-time to a part-time appointment, or from part-time to a full-time appointment.
A faculty member on a part-time appointment desiring, temporarily, to shift to a full-time appointment may seek a colleague holding such an appointment who wishes, temporarily, to shift to a part-time employment, and, with the department's or the regional campus' approval, such an exchange of appointments may be arranged.
The intention of a faculty member to seek change in the character of his/her appointment (full-time to part-time, or part-time to full time) shall be discussed with his/her chairperson or regional campus director one year in advance.
No person holding a regular full-time appointment shall be shifted to a part-time appointment without his/her written consent.
A person who is awarded tenure as a full-time faculty member does not lose tenure by accepting a part-time appointment. He or she reverts to full-time status when the agreed-upon term of part-time service is completed.
All faculty in Group I and holding part-time appointments shall be subject to the following conditions of appointment and to the rights and benefits associated with such appointments:
Salaries shall be negotiated at the departmental or regional campus level, the end product of negotiation to be a proportionate part, depending on work assignment, of the salary a similarly qualified full-time person would receive in the given department or on the given campus.
Tenure and promotion are both to be granted according to general University regulations and departmental or regional campus criteria currently operative as regards persons holding full-time appointment.
Part-time faculty in Group I shall enjoy all other rights and benefits accorded faculty members holding full-time appointments.
Group II consists of experienced persons holding part-time or full-time appointments who are primarily considered instructional personnel, and may also have service responsibilities related to the teaching mission of the department, college or university but no expectation for research or creative activity (i.e. TRS distributions ranging from 100:0:0 to 80:0:20). They possess qualifications which enable them to teach their assigned classes at a satisfactory level. Persons who have taught at Ohio University for four consecutive semesters on part-time appointments within the same department or regional campus with an average teaching load equivalent to 0.5 FTE or above shall be placed in the Group II classification unless previously included in Group I. Other persons not included in Group I and holding part-time teaching appointments may be placed in Group II at the recommendation of their departments or regional campuses. Faculty members in Group II are expected to perform those faculty activities agreed to in negotiations with their departments or regional campuses at the time of hire and/or reappointment and shall enjoy the following rights and benefits:
The workload (percentage distribution of teaching and service responsibilities) for each Teaching Faculty member is negotiated with the department chair or dean of the regional campus at the time of hire. The letter of offer will contain the specific workload percentages for teaching and service as negotiated for the individual. Workload percentages may be subsequently renegotiated on an annual basis but all workload percentages must be contained in the faculty member’s letter of reappointment.
Salaries will be negotiated at the time of hire at the departmental or regional campus level, however the resulting amount must be consistent with the salary (or a proportion of the salary for part-time employees) that a similarly qualified person with similar workload assignments would receive in the given department or on the given regional campus. One base for negotiations will be an annual schedule of minimum per-course rates of compensation and guidelines provided by the Provost. Salary increments for Group II shall be negotiated in accordance with University policies and shall take into account length and quality of service.
Normally, the contracts for Group II will be a nine month, renewable contract for a term of one-year for the initial 5 years of service in all instances where a department's or regional campus' experience, or other factors, indicates that a faculty member will be employed for the whole of the ensuing nine-month academic year. Afterward, Group II should be offered 5-year contracts to be renewable based on performance, desire of the faculty member, and continued need of the department or regional campus. However, the length of the initial and subsequent contracts (either one-year or five-year) can be negotiated based on qualifications, experience and need of the faculty member and department or regional campus.
Group II faculty must be evaluated annually by the chair or director according to departmental or regional campus guidelines, with a comprehensive review in the last year of a multi-year contract. A written evaluation of the faculty member will be forwarded to him/her by February 15 on an annual basis by his/her director, chair, or division coordinator. The director, chair or division coordinator shall employ a departmental committee or committees in the evaluation process, which shall conform to the department’s written procedures and demonstrate peer review as a part of the merit process.
All contracts issued to persons in Group II are term contracts, renewable solely at the University's pleasure, but not subject to the three-year limitation on full-time contracts. Accordingly, those accepting such contracts shall be considered to have received due notice that the University has no obligation to furnish them with employment beyond the expiration date of their contracts.
Part-time faculty in Group II who are on nine-month contracts shall be eligible for retirement according to the State Teachers Retirement System (or in some circumstances the Alternative Retirement Plan--see (Section III.L), Group Life Insurance, Major Medical Insurance, Dental Insurance, Travel Accident Insurance, membership in the Ohio University Employee Credit Union, Tax-Deferred Annuities, Twelve-Month Pay Option, and parking privileges. Group II faculty, who have a FTE of 0.67, or greater, on an academic year basis, shall be considered full-time for the purpose of being eligible to participate in alternative retirement plans.
Group II faculty have the right to stand for election and to vote to elect two Group II faculty to the Faculty Senate.
Group II faculty are encouraged to participate in activities to promote professional development. Departments and regional campuses should support these activities as they do for other faculty. Group II faculty are eligible for program grants, development awards and funds, with the exception of Faculty Fellowship leaves, University Professor awards, Presidential Research Scholar Awards, and Presidential Teacher Awards.
Group III consists of persons holding part-time appointments who are primarily considered instructional personnel, and who have such qualifications as enable them to teach satisfactorily the courses assigned them. Persons in Group III differ from those in Group II in that, because of the more recent date of their initial employment or the irregularity of their employment, their departments or regional campuses have had less opportunity to assess their work. Faculty members in Group III are expected to perform those faculty activities agreed to in negotiation with their departments or regional campuses and shall enjoy the following rights and benefits:
Salaries are to be negotiated at the departmental or regional campus level, with salary increments to be granted in accordance with University policies. (One base for negotiations will be an annual schedule of minimum per-course rates of compensation and guidelines provided by the Provost.)
Semester contracts shall be issued as early as possible and normally no later than when preregistration enrollments become available. Emergency appointments at the last minute are to be minimized.
All contracts issued to persons in Group III are term contracts, renewable solely at the University's pleasure, but not subject to the three-year limitation on full-time term contracts. Accordingly, those accepting such contracts shall be considered to have received due notice that the University has no obligation to furnish them with employment beyond the expiration date of their contracts.
Group IV consists of persons holding visiting professor or other full-time appointments, adjunct professor (see Section II.D.1.e), special appointments (see Section II.B), or any other appointments not assigned to Group I, II, or III. Appointees to such positions shall hold faculty rank but not faculty status. Visiting professor and other full-time term appointments are limited to a total of three years, consecutive or otherwise, except for term appointments in OPIE, ROTC, and the program for Incarcerated Students, which are unlimited, and for positions wholly funded by grants and contracts (excluding overhead return funds), which are limited to the period of external financial support. Also exempted from the three year limit are certain (described below) full-time term faculty appointments in the College of Osteopathic Medicine with full-time responsibilities at the Centers for Osteopathic Regional Education (CORE) System. The CORE positions eligible for the exemption from the three year limit are: the Directors of Medical Education with full-time faculty appointments (and hence no private practice) and those Residency Program Directors with full-time faculty appointments (and hence no private practice).
Adjunct professors and special appointments are not subject to the three-year limitation, but are renewable annually at the University's pleasure. Accordingly, those accepting Group IV appointments shall be considered to have due notice that the University has no obligation to retain them beyond the expiration date of their appointments.
Visiting professors or other full-time term appointees have the same rights and benefits as Group II faculty, with the exceptions of standing for and voting in Faculty Senate elections.
Clinical Faculty Track consists of faculty in the Heritage College of Osteopathic Medicine (HCOM) or the College of Health Sciences and Professions (CHSP) whose work is primarily teaching in a clinical setting and as appropriate to their individual disciplines.
In HCOM, the Clinical Medicine Track Medical Faculty consists of physician faculty members who hold Medical faculty teaching contracts with the Heritage College of Osteopathic Medicine and who practice medicine in University Medical Associates or another practice formally affiliated with the college. They are primarily hired to mentor/teach student physicians/Physician Residents and provide medical services at OUCOM and/or OUCOM affiliated healthcare facilities.
In CHSP, the Clinical Faculty track consists of faculty members who hold clinical licenses/credentials and who may practice as clinicians in their disciplines. They are primarily hired to mentor/teach students in clinical disciplines and/or in clinical settings.
Clinical Faculty may hold the rank
Assistant Clinical Professor
Associate Clinical Professor
Clinical Professor
Faculty in the clinical faculty track will normally be hired at a rank of Assistant Clinical Professor, but rank may be negotiated at the time of hire depending on qualifications and experience.
Normally, the initial contract for Clinical faculty will be a 12-month, renewable contract for a term of one year. After an initial three years of satisfactory service, he/she will receive a contract for a term of three years, with subsequent contracts to be renewable for 5-year terms based on successful evaluations and continued need of department or college. However, the length of the initial and subsequent contracts can be negotiated based on qualifications, experience and need of the faculty member and department or college.
Clinical Faculty must be evaluated annually by the department Chair based on department guidelines with more extensive reviews performed in the last year of multi-year contracts. Extensive reviews will be completed by a departmental committee with input from Chairs, and then sent on to the Dean for action of renewal or non-renewal.
Clinical Faculty may be promoted (without tenure) to Assistant Clinical Professor, Associate Clinical Professor, and Clinical Professor as appropriate.
An individual is usually expected to spend a minimum of six years in the rank of Assistant Professor before being considered for promotion to Associate.
An individual is usually expected to spend a minimum of five years in the rank of Associate Professor before being considered for promotion to Professor.
Clinical Faculty members may be employed on the basis of full-time or part-time appointments.
Clinical Faculty members may negotiate a shift from a full-time to a part-time appointment, or from a part-time to a full-time appointment without loss of rank.
Percentage distribution of scholarship, teaching, and service responsibilities are negotiated with the department chair at the time of hire in the letter of offer and annually as appropriate to meet the needs of department or college.
Faculty holding a Clinical Track position are eligible to apply for tenure track positions when they become available. The criteria for rank determination in the Clinical Track and the Tenure Track differ. Hence, a faculty member’s rank in the Clinical Track is not necessarily transferable to the Tenure Track.
Tenure Track faculty are permitted to petition for a one time transfer to a Clinical Track position no later than the end of their third year. In order to make a transfer, interested faculty need to demonstrate that they are good candidates for a Clinical Faculty position. A petition to transfer must originate with the faculty member and be approved by the Department Chair, the Dean, the Provost, and the Department’s Promotion and Tenure Committee. In the event of a non-approval, a faculty member has a right to appeal. The appeal process parallels the process for grievance appeal as outlined in II.G of the Faculty Handbook. Once a transfer is completed, the faculty member is not eligible to transfer back to a Tenure Track position.
4. Faculty Status
All persons holding faculty appointments, both full-time and part-time, in Group I shall enjoy faculty rank and status [2].
A person who has faculty status is recognized as being primarily an officer of instruction rather than an officer of administration.
Only a person who has faculty status and is classified in Group I is eligible for tenure, promotion in academic rank, and University Faculty Fellowship leave. Only Group I and Group II faculty may be members of the Faculty Senate and vote in Faculty Senate elections. To be considered eligible for tenure, a person must hold faculty status throughout the entire probationary period. Probationary faculty who assume a full-time administrative contract must be reappointed to faculty status after the completion of the administrative duties, at which time the tenure period is to be negotiated as indicated in Section II.D.2.e.
Faculty status is reserved for a person who has demonstrated scholarly or professional competence in a recognized academic discipline, and who is engaged in teaching or research pertaining thereto, or both. Further, such status is reserved for a person whose service is primarily to the academic department to which he/she is appointed.
A coordinator of an interdisciplinary academic program who functions at the administrative level of a department chairperson, and who is considered by the department in which he/she holds his/her rank as basically an officer of instruction will have faculty status.
A person who is not a member of the Ohio University faculty who is appointed to an administrative position may be given academic rank by the President upon the concurrence of the appropriate academic department and dean, and the Provost. Such a person shall not have faculty status while he/she holds a position that is primarily administrative in nature.
An Ohio University faculty member who accepts an administrative position at Ohio University will keep his/her rank, and if he/she has tenure he/she will keep his/her tenure. Persons whose responsibilities are defined as more than fifty percent administrative within the University and who teach part-time will fall in Group II, III, or IV unless they have attained Group I status through faculty service prior to their assumptions of administrative duties. An administrative officer of the University who is thus in Group I retains faculty rank but not faculty status.
Faculty members with visiting or other term appointments (see Section II.D.1.d and e), because of the limited duration of their appointments, are not eligible for tenure, professional leave, membership in the Faculty Senate, or to vote in Faculty Senate elections.
Each department, school, college, or regional campus shall define in writing the extent and manner of part-time faculty participation in internal decision-making processes, as well as the assignment of non-instructional duties.
5. Promotion
All advancement in academic rank shall be made by the President upon the recommendation of the department, the dean involved, and the Provost, and this recommendation shall be made upon the basis of performance associated with duties in the department in which rank is held.
6. Faculty Tenure
Tenure is awarded to those individuals whose records indicate that they are likely to continue to make significant positive contributions to the academic life of the University throughout their professional careers. Eligibility for tenure shall be determined by the department concerned and is reserved for those who are engaged in academic activities, including teaching, research, and service.
Tenure shall be granted by the President upon recommendation of the department, the dean involved, and the Provost of the University.
Under exceptional circumstances, tenure may be granted by the President to a person who is newly appointed to an administrative position at Ohio University, who has not been previously a member of the Ohio University faculty. Such a grant of tenure must have been approved by the department concerned, the dean concerned, and the Provost of the University.
The criteria used to make decisions on promotion and tenure must originate in the department, school, or division in consultation with the dean. Faculty should review these criteria periodically (at least every five years) in consultation with the dean of the college or regional campus. These criteria and any changes made to them must be approved by a majority of the Group I faculty of the department/school/division. In the event of an impasse between the department/school/division and the dean, the standing Committee on Promotion and Tenure of the Faculty Senate shall act as arbiter.
If a college or regional campus has written promotion and tenure criteria, these criteria and any changes made to them should originate in meetings of faculty, as a whole or by committee in consultation with the dean. The criteria and any changes made to them must be approved by the Group I faculty in the college or campus. In the event of an impasse between the college faculty and the dean, the standing Committee on Promotion and Tenure of the Faculty Senate shall act as arbiter.
7. Appointment and Tenure for Members of the Same Family
Ohio University is not opposed to the employment of more than one member of the same immediate family. "Family" here is to be understood to include spouse, former spouse, domestic partner of same sex and opposite sex, former domestic partner, parent-child, and sibling relationships, even if the persons involved do not live in the same household.
Each appointment is made on its own merits, whether both members are in the same department or not. Promotions and raises should not be prejudiced, favorably or unfavorably, by the faculty status of the other member of the family or by his/her activities, rank, or position. Tenure is to be awarded to each person under exactly the conditions that apply to other faculty members.
A faculty member shall neither initiate nor participate in departmental decisions concerning another member of his/her family as defined above, a faculty member with whom he/she has a consensual sexual relationship, or a faculty member with whom he/she has business relationships with regard to initial appointment, retention, salary, tenure, and promotion.
A business relationship is defined as a situation in which the two faculty are co-owners of a business enterprise, with or without other partners, where the two have a total of $10,000 or more in equity and where one or both of the following conditions are met. One or both of the faculty have managerial (decision-making) authority, or the total ownership share of the enterprise held by the two faculty members exceed 10%
Faculty who are not disqualified form participating in these decisions by these criteria but how have relationships which significantly affect their judgment on these matters are encouraged to discuss the issue with departmental or departmental promotion and tenure chairs and to request to be removed from committees, if appropriate.
Only under the most unusual circumstances should a person exercise significant supervision with respect to another member of his/her family. Thus, for example, he/she should not schedule classes or other work assignments, nor participate in decisions regarding leave of absence for the other person. Further, he or she should not be involved in grievance or hearing procedures at any level regarding the other family member.
8. Adjudication and Amendment
The Faculty Senate authorizes its Standing Committee on Professional Relations to act as a consultative agency for the adjudication of the rules and definitions pertaining to faculty rank and faculty status in such cases that, from time to time, are in need of judgment. The Standing Committee on Professional Relations will recommend refinements and amendments to these regulations as may be necessary to cover emerging situations.
D. Appointments, Tenure, and Renewal of Contracts
1. Terms of Appointments
The terms and conditions of every appointment to the faculty shall be stated in writing, and a copy of the appointment document shall be supplied to the faculty member. Any subsequent extensions or modifications of an appointment, and any special understandings, or any notices incumbent on either party to provide, shall be stated in writing with a copy given to the faculty member.
With the exception of term appointments clearly limited to a brief association with Ohio University, and reappointments of retired faculty members on special conditions, all appointments to the ranks in which tenure may be attained (see Section II.D.2.b) are of two kinds: (a) probationary appointments; (b) appointments with continuous tenure.
Except for faculty members who have tenure status or who are not eligible for tenure, every person with a teaching or research appointment of any kind shall be informed each year in writing of the department's evaluation of the individual's performance and progress toward tenure (see Section II.E.3). This evaluation normally will be provided to the faculty member by February 1.
A person may be employed by Ohio University under a term contract. The term contract is a faculty appointment for a specified period, which explicitly excludes eligibility for tenure. Such appointments may be made for a total of no longer than five years, consecutive or otherwise, with the exception of those faculty members employed to teach in the Reserve Officers Training Corps (ROTC), in the Program for Incarcerated Students (PFIS), in the Ohio Program in Intensive English (OPIE), and for positions wholly funded by external grants and contracts (excluding overhead return funds). The exception for ROTC is granted in recognition of the fact that faculty assignments to the program are externally controlled. The exception for PFIS is granted because the program is externally funded by the state. The exception for OPIE is granted only to the extent that courses offered in the program carry no credit applicable to degree requirements. All such appointments in OPIE will be made at the rank of Lecturer. The exception for faculty positions wholly funded by external grants and contracts (excluding overhead return funds) is limited to the period of external financial support provided by the grant or contract.
A "visiting" title is reserved for a person normally employed at another institution, but who is currently at Ohio University and may be employed on a term contract.
An "adjunct" title can be used for persons employed either at Ohio University or from outside the university. An adjunct appointment is normally uncompensated, but may have compensation for work performed or contributions made to a program. The duration of an "adjunct" appointment is variable, but is to be made explicit at the time of appointment. An adjunct appointment is made by the dean of a college based on a recommendation from a department or school.
A "joint" appointment is reserved for a faculty member with responsibilities in more than one department. A joint appointment requires a written agreement between the home department and any other participating department(s) plus the approval of the respective dean(s). The agreement should specify the duties and obligations of the faculty member to each department. The faculty member's tenure and promotion always reside in a single home department.
2. Probationary Appointments
Probationary appointments may be made for one year, or for any other stated periods, subject to renewal. The total period of probationary service prior to the acquisition of continuous tenure shall not exceed seven years except as qualified in Section II.D.2.e. Maximum periods of probationary service shorter than seven years must be negotiated prior to the initial appointment. Faculty members commencing service to Ohio University in the Spring semester of an academic year will have the length of their probationary period determined as if they commenced service in the ensuing Fall quarter. The maximum length for the probationary service period shall be conveyed to the faculty member in writing at the time of the initial appointment.
Tenure may be attained only in the ranks of Professor, Associate Professor, Assistant Professor, Instructor, and Lecturer classified in Group I, and their Group I part-time counterparts.
The probationary period for persons eligible for tenure in part-time positions shall begin with the semester in which they are first employed on the basis of a contract explicitly designating them as faculty members in the Group I category.
Group I part-time faculty members shall serve a probationary period not to exceed seven years.
Tenure for a part-time faculty member entitles the holder to claim part-time employment as a tenured right. At tenurization, a proportion of the normal work-load within the department will be set as the minimum employment, which that specific part-time faculty member may expect. If a part-time faculty member in Group I is denied tenure, he/she may not continue to be employed as a Group II or Group III person.
When a tenured part-time faculty member shifts to a temporary full-time appointment, his/her tenure status is still that of a part-time faculty member.
When a tenured part-time faculty member shifts to a permanent full-time appointment, he/she automatically becomes a tenured full-time faculty member.
Written notice shall be given at least one year prior to the expiration of the probationary period if the faculty member is not to be continued in service after the expiration of that period. In effect, this means that the tenure decision must be made prior to or during the penultimate year of the probationary period.
A faculty member's probationary period can be extended beyond the maximum time only in the event of a procedural error, as the result of a period of leave of six months or longer, or of significantly reduced capacity for six months or longer, and subject to approval by the Promotion and Tenure Committee of the Faculty Senate. Requests made under Section II.H. and Section II.I. usually will result in the probationary period being extended by one year.
If a procedural error has been committed in the course of reaching a tenure decision, and a reconsideration involving an extension of the probationary period has been approved by the Promotion and Tenure Committee, the decision is to be reconsidered by the appropriate recommending authorities even if in so doing the faculty member's probationary period is extended beyond the maximum limit.
In order to avoid errors in the determination, recording, and observance of dates of the probationary period (a type of procedural error), a faculty member shall receive, at the time his/her second year contract is awarded, a written form verifying tenure dates and deadlines and other relevant information included in the contract. The Office of the Provost is to ensure the implementation of this section in an effective manner.
3. Renewal of Contracts for Probationary Appointments
Regardless of the stated term or other provisions of any appointments, written notice that a probationary appointment is not to be renewed shall be given to the faculty member in advance of the expiration of his/her appointment, as follows:
not later than February 1 of the first academic year of 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 in advance of its termination;
not later than November 15 of the second academic year of service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination;
at least twelve months before the expiration of an appointment after two or more years of service at Ohio University. The notice of non-reappointment will be accompanied by an oral and, if the faculty member so requests, a written explanation of the basis for non-reappointment. The basis for non-reappointment must not violate the faculty member's academic freedom.
4. Termination of Appointment by the University
Termination of a tenured appointment, or of a probationary appointment, before the end of the contract period, or of a term appointment before the expiration of the specified term, may be effected by the University only for adequate cause.
If the termination takes the form of a dismissal of a tenured faculty member, the procedure described below under "Loss of Tenure" shall be followed.
If the termination arises from the elimination of a program or department of instruction for educational reasons, the procedures set forth in this section, rather than regulations described below under "Loss of Tenure" will be invoked. The decision to eliminate a program or department will be based on educational considerations. Educational reasons for discontinuance would include the lack of a continuing need for the program; they would also include a lack of educational quality. Considerations about the need for the program would include a significant and persistent trend of insufficient enrollment. Educational quality considerations would include the quality of instruction, scholarly achievement, intrinsic academic worth, or curricular value to other academic areas. Schools and regional campus divisions are equivalent to departments for purposes of this policy.
A program is defined as a course of studies leading to a degree or associate degree, a recognized major under a degree, or an option or concentration under a degree that is generally comparable to a major at the University.
A proposal for elimination of a program or department will be considered at the college level before being submitted to the University Curriculum Council. The college curriculum committee will consider the proposal and submit its recommendation to the dean. The dean will also consider the matter and provide a recommendation. The dean will forward the proposal to the University Curriculum Council if either his/her recommendation or that of the college curriculum committee is for elimination of the program or department. The department or program can submit evidence to each of the committees considering the proposal.
The Programs Committee of the University Curriculum Council will be charged with determining whether
the activities to be eliminated are consistent with the definition of a program;
the reasons stated for elimination are indeed educational in nature;
the individual(s) designated for loss of tenure are identified primarily with the program.
In the case of the proposed elimination of a graduate program, the Programs Committee will obtain the recommendation of the Graduate Council. For the purpose of this policy, to be primarily identified with a program it must be shown that a majority of the faculty member's teaching effort is in that program. In addition, if a faculty member whose position is being eliminated has, within the last five years at Ohio University, been identified primarily with another existing program or programs, he/she will have the right to return to that program. A positive decision of all three determinations is necessary to forward the proposal to the University Curriculum Council.
The University Curriculum Council, by a majority vote of the membership, will then determine whether the stated reasons are of sufficient gravity to warrant discontinuance of a program leading to loss of tenure. Only a positive recommendation will be forwarded to the Provost. If the Provost favors the recommendation, it will be forwarded to the President and through him/her to the Board of Trustees. Faculty members affected by such a decision may appeal the Provost's decision to a committee consisting of all faculty senators in the third year of their term. This committee shall consider only whether the faculty member(s) has received due process in the above procedure. Elimination of a program or department that leads to the loss of tenured faculty requires favorable action by the Board of Trustees.
Before terminating a tenured appointment through elimination of a program or a department, the administration shall make a bona fide effort to place the faculty member concerned in another suitable position in the University. If successful, and the new employing unit desires additional training for the faculty member, the University will provide financial and other support for a reasonable period of training. When the new position is tenurable, tenure may be granted in the new department immediately (See Section II.C.6.). Transfers of this nature, being within the University, do not require advertisement of the new position to which the faculty member is appointed.
In the event that the program or department is re-established within a period of three years, the released faculty member shall be offered reappointment. In all cases of termination based on elimination, the faculty member concerned shall be given 12 months' terminal notice or severance salary equivalent to his current contract base amount. The University shall determine which option is to be used.
Termination of an appointment with tenure, or of a probationary or term appointment before the end of the specified term, may occur under extraordinary circumstances because of demonstrably bona fide financial exigency, i.e., an imminent financial crisis that threatens the survival of the institution as a whole and that cannot be alleviated by less drastic means. If such a termination should be initiated, the regulations described under "Loss of Tenure" will not apply. Since the state of financial exigency represents such a serious distortion of normal University procedures and policies, it is not to be entered into and carried out without very specific steps being taken. These steps are:
After informing the Trustees of the approaching financial crisis and before proposing a state of financial exigency, the Administration of the University, in consultation with the Faculty and Administrative Senates, shall propose and carry out all possible reductions of University activities that are not of primary importance to the educational mission of the University.
If the reductions undertaken in (i) do not resolve the problem, the President shall appoint a committee to investigate the need for declaring financial exigency. The majority of the committee shall be faculty members chosen by the Faculty Senate, but it shall also contain administrators chosen by the Administrative Senate and students chosen by the Student Senate. This committee shall issue its report within four weeks of its creation.
The committee report, along with any recommendations from the Faculty, Administrative and Student Senates, shall be considered by the Trustees before determining whether a state of financial exigency exists.
Once the Trustees have declared a state of financial exigency, certain restrictions are automatically imposed on the University. No new appointments, replacements, or grantings of tenure are to be made in the University without special exemption by the committee described in (ii). This committee shall make its recommendations to the Trustees. Furthermore, pay raises shall not be granted any employee of the University unless mandated by legislative action.
The procedure for determining which faculty are to be terminated is as follows. The Provost, after consideration of educational and fiscal factors, shall prepare a termination plan in consultation with a Retrenchment Committee composed of an equal number of deans and representatives from the Faculty Senate, with at least one representative from each of the regional campuses and each of the colleges. This plan shall include the number of faculty to be terminated, and a distribution of the total among the colleges and regional campuses. The termination plan shall effect reductions according to the following criteria:
First, no tenured faculty member is to be terminated before all non-tenured faculty in the college have been terminated. An exception may be made in the case of a non-tenured faculty member whose responsibilities could not be met satisfactorily by another faculty member in the college, and whose loss would seriously damage his/her department's program. Petitions for exceptions should be submitted with full documentation to the Retrenchment Committee.
Second, reductions of tenured faculty within colleges and regional campuses are to be allocated by the Provost, after consultation with the Retrenchment Committee, to departments, schools, and regional campus divisions following termination of their non-tenured faculty. Due consideration is to be given to those units that have already sustained a disproportionate loss of teaching capability through the loss of non-tenured faculty. Petitions for such consideration must be initiated by the department and transmitted by the dean, together with the dean's recommendation, to the Retrenchment Committee for final action.
Third, reductions within departments, schools, and regional campus divisions are to be in order by least seniority, seniority being defined as the time that has elapsed since the fiscal year of a faculty member's current appointment to the University. An exception may be made in the case of a less senior faculty member whose responsibilities could not be met satisfactorily by another faculty member in the college, and whose loss would seriously damage his/her department's program. Petitions for such an exception should be submitted with full documentation to the Retrenchment Committee. Where two or more faculty are of equal seniority, reductions within this group are to be governed by program needs. Where program needs are equivalent, affirmative action considerations are to be applied.
Any faculty member terminated under this process shall have the right to a full hearing before the Faculty Senate Committee on Promotion and Tenure. The issues in this hearing shall be limited to whether the criteria were properly applied in the faculty member's case.
In the event that an appointment is terminated because of financial exigency, the released faculty member's place shall not be filled by a replacement within a period of three years unless the released faculty member has been offered reappointment and the opportunity to accept or decline it. In all cases of termination based on financial exigency, a tenured faculty member shall be given 12 months' terminal notice or severance salary equivalent to his/her current contract base amount. The University shall determine which option is used.
The University shall make a bona fide effort for three years after termination to relocate terminated tenured faculty in other academic, administrative or staff posts needing personnel when the faculty member's qualifications permit. Whenever new positions are approved under section (iv) of this policy, tenured faculty who have been terminated shall be considered first for these openings. Only when it has been determined that no such faculty member is qualified for the position in question or is willing to accept it shall the position be advertised and other candidates be considered. A transfer to another academic department must be acceptable to the receiving department and to the faculty member.
The Board of Trustees shall make the final determination when a state of financial exigency no longer exists. The committee created in (ii) above may at any appropriate time submit to the President for transmission to the Board a recommendation that the state of financial exigency be ended.
5. Loss of Tenure
If the capability or qualifications of a faculty member on tenure to continue with his/her usual responsibilities should be seriously questioned, his/her department chairperson will discuss the matter with him/her in a personal conference. The matter may be settled by mutual consent at this point. If an agreement cannot be reached, the following procedure shall be observed: the chairperson will consult with the members of his/her department and prepare, with the advice of the departmental promotion and tenure committee, a recommendation to be forwarded in writing to the dean of his/her college. The dean normally will then consult jointly with the faculty member and chairperson: if the dean decides to recommend suspension from duty or dismissal, he/she will submit his/her recommendation in writing to the Provost, who will undertake to investigate and arbitrate the difficulty. If a settlement cannot be arrived at in this manner, the President shall be so informed, and may, at his/her discretion, initiate dismissal proceedings. If the faculty member in question should be the chairperson of his/her department, discussion of the type described above shall be initiated by the dean of his/her college, the procedure otherwise remaining essentially as set forth above.
Formal dismissal proceedings shall be commenced by a written statement from the President to the faculty member concerning the grounds for dismissal, specified with reasonable particularity. The faculty member shall be further informed that if he/she so requests, a hearing to determine whether he/she should be removed from his/her position on the grounds stated will be conducted by a faculty committee (see below) at a specified time and place. The faculty member will have thirty (30) days to notify the President in writing if he/she wants a hearing; and if a written request is made, in setting the date of the hearing, the faculty member will be allowed 60 days in which to prepare his/her defense. The chairperson of the faculty committee, who is usually the chairperson of the Faculty Senate, will inform the faculty member of the procedural rights accorded him/her. The faculty member shall state in reply whether he/she wishes a hearing, not less than one week before the date set for the hearing. The hearing may be held in open session at the request of the faculty member. In the absence of such a request, the hearing will be held in closed session. If the hearing is held in closed session, no witness called to testify may attend the session except at the time of his/her testimony.
The formal hearing committee shall consist of all members of the Faculty Senate in the third year of their current Faculty Senate term, presided over by the chairperson of the Faculty Senate. The committee shall proceed by considering the statement of grounds for dismissal already formulated, and the faculty member's response. If the faculty member has requested a hearing, the committee shall consider the case on the basis of the statement of persons possessing relevant information and other data concerning the matters set forth in the President's letter. The President, or his/her representative, should have the option of attending the hearing, but the committee should determine the order of events, should conduct the questioning of persons making statements, and, if necessary, should secure the presentation of important information. During the proceedings, the faculty member will be permitted to have an academic advisor and, in addition, legal counsel of his/her own choice. The faculty member should have the aid of the committee, when needed, in securing the attendance of persons who possess relevant information. The faculty member, or his/her representative, and the President, or his/her representative, will have the right to confront and question all persons who make statements before the committee. The full proceedings shall be accurately transcribed, and copies of the transcription shall be sent to the faculty member, the President, and the committee.
The committee shall make explicit findings with respect to each of the grounds of removal as presented. The President should transmit to the Trustees the full transcription of the hearing and the committee's decision for their automatic review. When the Trustees review the case, the faculty member and an advisor must be invited to appear before them. The decision of the hearing committee should either be sustained or returned to the committee with objections specified. In the latter event, the committee should reconsider, taking account of the stated objections and receiving further information if necessary. It should frame its decision and communicate it in the same manner as before. Only after study of the committee's reconsideration should the Trustees make a final decision overruling the committee.
Suspension of the faculty member during the proceedings involving him/her is justified only if immediate harm to himself/herself or others is threatened by his/her continuance. If suspension is followed by dismissal proceedings, the requirements for initiating and continuing such proceedings, as described herein, shall be observed, regardless of the length of the suspension. During a period of suspension, the terms of contract between a faculty member and the University remain in force pending final disposition of the matter by the Board of Trustees, as provided herein.
Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements about the case by the faculty member, the administration, or the committee should be avoided so far as possible until the proceedings have been completed. Announcement of the final decision to the interested parties and to others should be made through the President's Office and should include a statement of the hearing committee's findings.
If the appointment of a tenured faculty member is terminated, the faculty member will receive his/her salary or a terminal contract for at least one year. This provision for terminal notice or salary need not apply in the event that there has been a finding that the conduct that justified dismissal involved moral turpitude. On the recommendation of the faculty hearing committee or the President, the Trustees, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member.
E. Procedures for Tenure and Advancement in Rank and Recommendations for Salary Increases
Annually, departmental chairpersons shall evaluate all members of their faculty with regard to salary. Each chairperson shall employ a departmental committee or committees in the evaluation process, which shall conform to the department's established written procedures. Any changes to the department’s established written procedures, evaluation process or criteria will take effect at the beginning of the next evaluation period. This evaluation process must result in recommendations with respect to salary increases for all faculty.
To ensure proper recognition of faculty with a singular home Department/School who engage in interdisciplinary activities the home Department/School P & T Committee should ensure that the Department/School P & T guidelines and peer evaluation policies explicitly clarify how interdisciplinary activities (teaching, research/creative activities and/or service) will be evaluated and to what extent such activities will be included in all annual evaluations and promotion and tenure decisions.
Annually, the departmental chairperson shall ensure that a departmental promotion and/or tenure committee evaluates all probationary faculty and all tenured faculty eligible for promotion using the departmental criteria for promotion and tenure. Tenured faculty status is required for membership on departmental/school/division promotion and/or tenure committees. By February 1, probationary faculty shall receive a letter from the chairperson containing the results of this evaluation as specified in Section II.D.1.c. Tenured faculty eligible for promotion shall receive a similar letter, if they request it, before October 15. A copy of the letter will also be sent to the committee that evaluated the faculty member. Although these evaluations may be indicators of progress toward tenure and promotion, favorable annual reports do not guarantee positive tenure or promotion decisions. This annual evaluation must result in recommendations with respect to the reappointment of all probationary faculty and must also result in decisions whether or not to consider actively each eligible faculty member for tenure and/or promotion.
The dean of the college may request a copy of the annual evaluation letter for probationary faculty and review with the chairperson the individual's performance, progress toward tenure, and assignments in service and teaching. This is especially appropriate midway through the probationary period.
If the evaluation process results in a decision to consider actively a promotion for the coming year, or to consider actively the award of tenure, the faculty member concerned shall be so notified by the chairperson of the appropriate departmental committee. The faculty member, thereupon, shall have the opportunity to submit materials in writing, which he/she believes, will be relevant to that decision.
The annual evaluation of the faculty member's qualification for promotion or tenure is advisory. If a faculty member believes that his or her case for promotion or tenure would be evaluated differently if a complete promotion (tenure) dossier were available, the faculty member may choose to submit a complete dossier to the departmental committee, even if the annual assessment is negative, provided that department and college rules governing minimum years in rank before promotion are not violated.
All awards of tenure and all promotions in rank must originate in a positive recommendation by the appropriate departmental committee or after a formal hearing and presidential review in cases that have gone through the grievance procedure as in Section II.F.
The departmental promotion and tenure committee, through its chairperson, will provide the faculty member a written statement of its decision and reasons for it. The statement may include majority and minority views when unanimity is not reached by the committee. The statement shall be submitted to the department chairperson who, in the event of a positive recommendation from the promotion and tenure committee, shall forward it to the dean together with his/her own positive or negative recommendation. If the departmental committee does not recommend promotion or tenure for a faculty member, no further evaluation is required, except in the event of an appeal.
All departmental committee decisions regarding promotion and tenure shall be reported by February 15, except in extraordinary cases, in which prior approval for reporting of a recommendation at some other time during the year has been obtained from the dean and the Provost.
The department shall include the individual's last employment contract in the tenure documentation and confirm on the Review Form for Promotion and/or Tenure that the individual has had faculty status throughout the entire probationary period and is thus eligible for tenure consideration.
If the dean accepts a positive recommendation for promotion and/or tenure from a department, he/she shall submit a written recommendation to the Provost, accompanied by statements and documentation provided by the departmental chairperson.
If a recommendation for promotion and/or tenure forwarded from a department to the dean is not accepted and implemented, the dean shall inform the department chairperson in writing (with copies to all the parties involved, including the candidate) within 45 days, i.e., typically no later than April 1, and shall explain why the recommendation has not been accepted. Such an explanation will include a copy of the full written recommendation of the chairperson.
If a recommendation for promotion and/or tenure forwarded by the dean to the Provost is not accepted and implemented, the Provost shall inform the departmental chairperson in writing (with copies to all the parties involved, including the candidate) within 30 days, i.e., typically no later than May 1, and shall explain why the recommendation has not been accepted. Such an explanation will include copies of the full written recommendations of the chairperson and the dean.
By March 15, all continuing faculty shall be sent a contract, or if that is not feasible, a formal notification of their reappointment and rank. Prior to this, and no later than February 1, departmental chairpersons shall provide each faculty member with a written statement of his/her annual departmental evaluation. Contracts specifying both rank and salary shall be issued by May 1. However, if conditions require it, this date may be extended with the approval of the Faculty Senate.
For grievance procedures relating to matters of promotion and tenure, see Section II.F
Transparency, clarity, consistency, timeliness, and fairness should be overriding goals for all colleges, school, and departments as they establish guidelines and procedures governing tenure and promotion. The following broad guidelines are offered to aid in achieving these goals.
Faculty should know in advance, ideally at the time of hire, the criteria that will be used to arrive at a tenure decision as well as workload and balance between teaching, service, and professional activities expectations. Significant changes to these workload/balance expectations should be a matter for discussion and negotiation with the faculty member.
The annual "performance and progress toward tenure letter" probationary faculty receive (see section II.D.1.c) should include clear, transparent, and formative information on progress towards tenure. Departments/schools may choose to do a mid-way formal evaluation and/or annual cumulative evaluations which afford the candidate feedback in terms of teaching, service and professional activities. Those who provide this feedback should be representative of all faculty who will eventually decide tenure.
The departmental/school criteria for promotion and tenure should be reviewed periodically (at least every five years). Changes in the criteria for tenure may be applied to those faculty members who are already in the tenure track only if the individual agrees in writing to be considered under the new criteria.
For changes in the criteria for promotion of a faculty member with tenure, a grace period of at least three academic years from the start of the academic year in which the changes are implemented should be allowed. During the grace period, faculty members who are already on Group I contract in the department may opt in writing to be considered under the old or new criteria.
Newly hired faculty members and those who are promoted during the grace period would immediately come under the new promotion and tenure criteria. Procedural changes in departmental tenure and promotion policy may generally be implemented without delay, if so decided by the department faculty. Departments are encouraged to provide faculty mentors for all probationary faculty (see section II.C.6.d).
Faculty who are hired with years of credit towards tenure should also be credited for professional accomplishments prior to their hiring.
F. Grievance Procedures for Non-reappointment and for Denial of Promotion and/or Tenure
If a faculty member believes there is cause for grievance relative to non-reappointment or denial of promotion and/or tenure, an appeal of a negative decision may be initiated at the level at which the decision was made, i.e., either within the department, or at the level of the dean or of the Executive Vice President and Provost (Provost hereafter). Should the appeal be denied at any of these levels, the faculty member may take the appeal to the next level. The grievance can involve one or more of the following allegations: inadequate consideration, denial of due process (including failure to follow designated procedures), or denial of academic freedom.
a. Denial at the Department/School level
If the denial occurs at the department/school level, the faculty member must direct their appeal to the appropriate departmental/school committee through the department chair/school director. If the appeal is denied the faculty member may then appeal to the dean. If the dean supports the appeal the case will be returned to the department/school for reconsideration. If the department/school again denies the appeal the faculty member may continue the grievance process by appealing the case to the Provost. If the Provost supports the appeal the case will be forwarded to the Standing Committee on Promotion and Tenure of the Faculty Senate. If the Standing Committee on Promotion and Tenure of the Faculty Senate supports the appeal, the case may proceed to the formal hearing unless the faculty member withdraws the appeal (see Section II.F.7).
If the dean denies the appeal the faculty member may continue the grievance process by appealing the case to the Provost. If the Provost supports the appeal the case will be returned to the department/school for reconsideration. If the department/school again denies the appeal the faculty member may appeal to the Standing Committee on Promotion and Tenure of the Faculty Senate. If the Provost denies the appeal, the faculty member may appeal to the Standing Committee on Promotion and Tenure of the Faculty Senate. If the Standing Committee on Promotion and Tenure of the Faculty Senate supports the appeal, the case may proceed to the formal hearing unless the faculty member withdraws the appeal (see Section II.F.7)
If the dean and the Provost deny the appeal the faculty member may appeal to the Standing Committee on Promotion and Tenure of the Faculty Senate. If the Standing Committee on Promotion and Tenure of the Faculty Senate supports the appeal, the case will be returned to the department/school for reconsideration. If the department/school again denies the appeal the case may proceed to the formal hearing at the request of the faculty member (see Section II.F.7).
b. Denial at the Dean Level
If the department/school voted in favor of granting promotion and/or tenure but the dean denies the case, then the faculty member must direct the appeal to the dean. If the dean denies the appeal the faculty member may appeal to the Provost. If the Provost supports the appeal the case will be forwarded to the President for consideration. If the Provost denies the appeal, the faculty member may appeal to the Standing Committee on Promotion and Tenure of the Faculty Senate. If the Standing Committee on Promotion and Tenure of the Faculty Senate supports the appeal, the case will be returned to the dean for reconsideration. If the dean again denies the appeal the case may proceed to the formal hearing at the request of the faculty member (see Section II.F.7).
c. Denial at the Provost level
If the department/school and dean were in favor of granting promotion and/or tenure but the Provost denies the case, then the faculty member must direct the appeal to the Provost. If the Provost denies the appeal, the faculty member may appeal to the Standing Committee on Promotion and Tenure of the Faculty Senate. If the Standing Committee on Promotion and Tenure of the Faculty Senate supports the appeal, the case will be returned to the Provost for reconsideration. If the Provost again denies the appeal the case may proceed to the formal hearing at the request of the faculty member (see Section II.F.7).
d. Deadlines
The initial appeal by the faculty member must be made within 45 calendar days from the date of notification of nonreappointment or denial of promotion and/or tenure; subsequent appeals to higher administrative levels including to the Standing Committee on Promotion and Tenure of the Faculty Senate must be made within 30 calendar days of the receipt of the response at the previous level. These deadlines are to be interpreted as excluding winter intersession, the summer term, and breaks between terms. Additionally, if the deadline falls on a weekend or holiday the next workday shall be considered the deadline.
Responses to appeals on the part of the dean or Provost are to be made within 30 calendar days of receipt of the appeal. If the deadline falls on a weekend or holiday the next workday shall be considered the deadline. Responses to appeals on the part of the department/school or Standing Committee on Promotion and Tenure of the Faculty Senate are to be made within 30 calendar days of receipt of the appeal excluding winter intersession, the summer term, and breaks between terms. If the deadline falls on a weekend or holiday the next workday shall be considered the deadline. Appeals at the departmental level are to be directed through the departmental chair to the chair of the departmental committee responsible for promotion, tenure, or nonreappointment recommendations. The departmental chair is responsible for conveying the decision of the committee to the person making the appeal. In cases in which positive recommendations of departmental promotion and tenure committees are not sustained at the level of the dean or of the Provost, the committees shall enjoy the right to support faculty appeals including providing supporting documentation.
A faculty member who remains dissatisfied with the status of the grievance following the issuance of the report of the Standing Committee on Promotion and Tenure of the Faculty Senate, may, within 45 calendar days, petition the Standing Committee on Promotion and Tenure of the Faculty Senate to recommend that a formal proceeding be conducted, in accordance with Section II.F.7 below, with the burden of proof resting on the grievant. If this deadline falls on a weekend or holiday the next workday shall be considered the deadline. The appeals process may continue even if the proceedings extend beyond the termination date of the individual's contract.
Insofar as the petition for review alleges denial of due process, the functions of the Faculty Senate Promotion and Tenure committee shall be as follows:
To determine whether a denial of due process in fact occurred.
In the event it finds a denial of due process, to suggest a course of action that will equitably resolve the situation.
To provide copies of these findings and recommendations to the Chairperson of the Faculty Senate, the faculty member, the department concerned, the academic dean, and the Provost.
If necessary to decide whether the evidence warrants a recommendation that a formal proceeding be conducted (see Section II.F.7).
Insofar as the petition for review alleges inadequate consideration, the functions of the committee shall be the following:
To determine whether the decision of the appropriate party was a result of adequate consideration in terms of relevant standards of the institution, with the understanding that the review committee is not to substitute its judgment on the merits for that of the faculty body on the question of whether the faculty member meets these standards.
To request consideration by the appropriate party when the committee believes that adequate consideration was not given to the faculty member's qualifications. (In such instances, the committee should indicate the respects in which it believes the consideration may have been inadequate.)
To provide copies of its findings and recommendations to the Chairperson of the Faculty Senate, the faculty member, the department involved, the academic dean, and the Provost.
If necessary to decide whether the evidence warrants a recommendation that a formal proceeding be conducted (see Section II.F.7).
Insofar as the petition for review alleges denial of academic freedom, the functions of the committee shall be the following:
To determine whether the notice of nonreappointment constitutes on its face a violation of academic freedom.
To seek to settle the matter by informal methods.
To provide copies of its findings and recommendations to the Chairperson of the Faculty Senate, the faculty member, the department involved, the academic dean, and the Provost.
If necessary to decide whether the evidence warrants a recommendation that a formal proceeding be conducted (see Section II.F.7).
If the petition for review involves a regional campus faculty member, a copy of the findings and recommendations shall be sent to the Chairperson of the Faculty Senate, the faculty member, the regional campus academic group involved, the Athens campus department chairperson, the regional campus dean, the Vice President for Regional Higher Education, and the Provost.
If the Standing Committee on Promotion and Tenure of the Faculty Senate has found that a formal proceeding is warranted on the evidence presented to it, the committee will so inform the Chairperson of the Faculty Senate. In consultation with the Executive Committee of the Faculty Senate, the Chairperson shall appoint five tenured faculty members, at rank or above, none of whom shall be from the grievant's department, to constitute a hearing committee. He/she shall designate the chairperson of the formal proceeding committee.
In the discharge of its responsibilities, the formal proceeding committee shall proceed as follows:
The committee shall determine the time and place of the hearing, which shall commence not later than thirty days from the date of the committee's appointment.
No later than three days following the date of the committee's appointment, the chairperson shall notify the grievant of the time and place of the hearing, and inform him/her of the basic procedures governing the hearing, which shall be closed, unless the grievant requests an open hearing.
At the hearing, the grievant shall bear the burden of proving, by a preponderance of the evidence presented, that the action taken (a) violated due process and/or (b) was based upon inadequate consideration and/or (c) infringed upon academic freedom. The order of events at the hearing, which shall be determined by the committee, shall reflect this requirement.
During the proceedings, the grievant shall be permitted to have as advisor either a faculty member or an academic administrator of his/her choice. Likewise, the senior administrator responsible for the grievant's area or his/her designated representative shall be permitted to have as advisor either a faculty member or an academic administrator of his/her choice. The responsibility for presenting the grievant's case is restricted to the grievant and/or his/her advisor. The functions to be performed by each advisor shall be determined by the person whom he/she is advising. A representative of an appropriate educational organization may be invited to be present.
The grievant shall have the aid of the committee in securing the attendance of persons who possess relevant information, and in having access to information related to the case.
The grievant and/or his/her advisor and the University representative and/or his/her advisor shall have the right to confront and question all persons who make statements before the committee.
The full proceedings shall be recorded by the University, which, upon request, shall make a copy or written transcript available to the grievant, the committee, or the President. Upon completion of the hearing, the committee shall, within 15 calendar days, submit a written report of its findings and recommendations to the President, with copies to the grievant and the University representative. Within 30 calendar days of receiving the report, the President shall then reach a final decision in the case, which decision shall be communicated in writing to the grievant, the University representative, and the committee. The President shall not make a public announcement of his/her decision unless requested to do so by the grievant.
G. Faculty Grievance Committee
If a faculty member feels that he or she has cause for grievance in matters other than reappointment, tenure, and promotion (Section II.F) he or she is entitled to file a grievance.
The grievance should be submitted in writing first to theDepartment Chair; if there is no resolution it moves next tothe Dean of the College, and finally to the Provost as outlined below. In the case of the regional campuses, the grievance should be submitted in writing to the division coordinator, then to the Dean of the campus, and finally to the Provost.
If the chair (or in the case of the regional campuses thedivisional coordinator), Dean, or Provost are identified in the grievance or have a conflict of interest, then the grievance must be submitted in writing to the next administrative officer in the hierarchy.
In the rare instance that the chair (or in the case of the regional campuses the divisional coordinator), Dean, and Provost are all identified in the grievance or have a conflict of interest, the grievance should be sent to the President who will forward it to the Professional Relations Committee of the Faculty Senate for review.
Each administrative level shall render a finding within 30 days. If no decision is received within 30 days the faculty member may refer the grievance to the next level.
Failing resolution of the grievance by the Provost, the faculty member may submit the grievance to the Professional Relations Committee of the Faculty Senate for review of the case; the Committee shall rule on the case within 90 days during the active school year and submit its recommendations to the President. The recommendations of theCommittee should be either sustained by the President or returned to the Committee with the objections specified.
In the event that the President returns the recommendations with objections, the Committee should reconsider taking account of the stated objections and receiving further information if necessary. The Committee should frame its revised recommendations and communicate it in the same manner as before. Only after study of the Committee’s reconsideration should the President make a final decision overruling the Committee’s recommendation.
Format of the Grievance: The written grievance shall be no more than five pages (with 12 point font and one-inch margins) and consist of the following. Appendices may be used for supportive materials
Name, Department, College and contact information of the individual submitting the grievance.
Specific identification of the individuals and their titles that precipitated the grievance.
Justification of the grievance with explicit reference to that section of the Ohio University Faculty Handbook or Policy and Procedures Manual that have been violated.
Description of the series of events that resulted in the violation with a time line that includes all of the important events that precipitated the grievance. Supporting material (letter, emails, etc,) should be explicitly referenced in the timeline and provided in the Appendix.
A statement by the faculty member concerning how they think the grievance should be resolved in a fair and equitable manner.
The grievance may include a one page cover letter that introduces the grievance and its potential merits and all material should be in 12 point font.
If a faculty member feels that he or she has cause for grievance in matters other than reappointment, tenure, and promotion (Section II.F), he/she may submit a grievance in writing to the departmental chairperson, then to the dean of the college, and finally to the Provost. Faculty members on regional campuses shall submit grievances to the division coordinator, the campus dean, and the Provost. Each administrative level shall render a decision in writing within 30 calendar days of receipt of the grievance. If no decision is received within 30 days, the faculty member may refer the grievance to the next level. Failing resolution of the grievance, the faculty member may petition the Committee on Professional Relations of the Faculty Senate for a review of the case; the Committee shall submit its recommendations to the President who shall make final determination of the grievance.
H. Sick Leave Policy
Consult the Policy and Procedure Manual, No. 40.029, for the complete Sick Leave Policy. The following contains several pertinent sections of that policy.
Sick leave is the authorized absence from duties due to:
Personal illness, injury, or temporary disability.
Exposure to contagious disease that could be communicated to other members of the University community.
Illness, injury, or death in the individual's immediate family. Immediate family is defined as: spouse, domestic partner of same sex and opposite sex, son, daughter, mother, father, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, and a legal guardian or other person who stands in place of a parent (in loco parentis). Sick leave granted for a death in the immediate family shall not exceed five (5) working days.
Medical, dental, psychological, or optical examination or treatment of an employee or a member of his or her immediate family.
Birth, pregnancy, or related medical conditions receive the same consideration as other medical disabilities.
Sick leave is granted on the approval of the department chairperson or the manager to whom the individual reports: such a request should be made on the first day of absence or in advance if possible. The individual, upon return to work, must complete a sick leave request form. The University reserves the right to require the individual to:
furnish medical evidence of illness,
provide medical verification of ability to return to work.
A consecutive period of sick leave includes all institutional teaching days for faculty. For administrative personnel, it includes all normally scheduled work days except holidays observed by the University. No contract employee shall be charged with more than five (5) sick leave days in any seven (7) day period.
On July 1, 1976, the accumulated benefit for each participant was computed as follows:
Individuals with ten or more years of full-time service were credited with 150 days of sick leave.
Individuals with less than ten years of full-time service were credited with the product of the number of years of service days times 15 days (or the number of months of service times 1.25 days).
Starting with July 1, 1976, the benefit accumulates at the rate of 1.25 days per calendar month or fifteen days per year for all full-time contract employees. (Full-time contract employee, for purposes of this policy, is defined as anyone holding a regular nine, ten, eleven, or twelve month contract.) Accrual of sick leave is unlimited. Time spent on vacation, paid military leave, paid professional leave, or sick leave counts toward accumulation of benefits. There is no accumulation of benefits while on unpaid leave of absence.
In case of sick leave or other cause of significantly reduced capacity lasting six months or longer, a probationary faculty member may request that the probationary period be extended by one year. This written request goes first to the departmental chair, then to the academic dean, and finally to the Provost with the understanding that normally it will be granted. If the extension is granted, subsequent contracts for the applicant will show the new probationary period date. The request should be made ahead of time if the sick leave or reduced capacity can be anticipated; but, in any case, the request must be made within one year of the beginning of the period of sick leave or reduced capacity and before August 15 of the individual's penultimate probationary year. It is possible to have a second one-year extension during the probationary period, but the approval is much less automatic.
The faculty member may appeal denial using the grievance procedure relating to promotion and tenure recommendations (see Section II.F).
I. Leaves of Absence
1. Justification
Any member of the faculty may request a leave of absence without pay for one or more quarters for:
The direct usefulness to the individual and to the University of the work expected to be done while on leave.
The professional development of the teacher and, thereby, the increased effectiveness of higher education.
Military service and short periods of field training.
Other reasons, to be approved through the procedures indicated below.
2. Regulations
Length of Leave. Normally leaves should be for no more than one academic year plus contiguous summers, nor come more often than once in three years.
Selection of persons to receive leaves. A member of the faculty may request a leave of absence without pay for any good reason. Such leaves must have the approval of the chairperson or regional campus dean, the academic dean, and the Provost. The faculty member may appeal denials through regular grievance channels.
Leave requests, with reasons, should be submitted in writing and should be granted (or denied) in writing.
A presidential contract will be issued. Terms of the leave should be clearly stated in writing in the form of an agreement between the individual and the chairperson or regional campus dean, the academic dean, and the Provost. Provisions in the agreement should include the following:
Length of leave
Reasons
Whether the time will accrue for purposes of tenure and promotion.
What effect, if any, the leave will have on salary.
Provisions for group insurance arrangements (requirement for self-payment of premiums, etc.)
Retirement system arrangements.
Relation of leave to salary increases, promotion, and tenure.
Time spent on approved leave for as long as one academic year should not negatively affect salary considerations.
Time on leave may or may not count as time accrued toward promotion, depending on departmental criteria or special arrangement.
For non-tenured faculty members, periods of leave for longer than six months will extend the probationary period by one year, unless there is a written agreement to the contrary approved by the faculty member, the departmental chairperson, the academic dean, and the Provost.
Obligation to return from leave. A member of the faculty requesting a leave of absence is expected to return to service at the University after the leave of absence.
Continuation of insurance and retirement provisions. Individuals may elect to continue on the University Group Insurance plans during the period of leave. Depending on the type of leave, the individual may have to assume the cost of the premium for such insurance. If the individual becomes a full-time employee of another institution or organization, the employing institution, rather than the individual going on leave, may make such premium payments to Ohio University.
If the individual going on leave does not elect to continue on the group insurance plan during the period of his/her leave, there will be no waiting period before coverage is resumed upon return of full employment. The University contribution toward retirement will continue for a member of the faculty on leave providing:
The leave is consistent with the State Teachers Retirement System and Public Employees Retirement System membership requirements.
The individual is willing and able to contribute his/her normal retirement contribution for the period of leave.
That all other avenues of funding the University retirement payments through grants or contracts to the University have been exhausted.
That the Provost deems the leave to be of future benefit to the University, and gives in writing advance approval for said payment prior to the commencement of the leave.
Continuation of other benefits. The individual must assume responsibility for the payroll deductions for any other benefits such as the credit union and annuities.
Military leave. Military leave without pay shall be granted as required by State and Federal laws to faculty members who are inducted or otherwise are required to enter active military service or training.
Upon application within ninety days or separation from extended active duty, the individual shall be reinstated to his/her former position or a similar position. A person on military leave forfeits his reinstatement rights if he re-enlists or voluntarily extends his original tour of active duty.
Persons who are members of the Ohio National Guard, or a reserve component of the armed forces, are eligible for military leave without loss of pay for occasional periods of service or training. Other provisions of applicable state or federal law will be observed in considering employee rights and benefits relating to veterans, members of the National Guard, and other covered military components.
3. Family Medical Leave Act
Ohio University faculty who have worked a full academic year which is customarily two sequential semesters excluding summers are eligible for FMLA as articulated in the Policy and Procedures Manual, No. 40.054. FMLA leave time is not accrued during sick leave, holiday, or vacation time but is accrued during faculty fellowship leaves [see Faculty Handbook: V.A. University Faculty Fellowship]. In other contractual arrangements involving leave, FMLA will be negotiated.
Domestic partners shall be included in the list of family members for every qualifying event including serious health conditions, new child or newborn child.
J. Parental Leave
Parental leave means unpaid leave granted to a parent to nurture a newly born or adopted child. A faculty member is entitled to parental leave if the following general conditions are met:
The person seeking leave must give reasonable and adequate notice to the Chair or Director of his/her department. Wherever possible, notice that such leave is anticipated, with the approximate dates, should be given to the Chair/Director no less than three months prior to the expected starting date.
The person taking leave is expected to cooperate with her/his department in working out arrangements, but the Chair/Director has no right to deny leave if the request is in accordance with the general conditions.
In no case may the leave extend beyond three months from the date of birth or adoption, not including leaves of absence under the Family Medical Leave Act.
Either parent is eligible. In case both parents are members of the faculty, both are eligible for leave, but not at the same time.
Leave will be granted only after one year of continuous employment at Ohio University.
All relevant provisions of the Policy on Leaves of Absence (Section II.I) apply to parental leave. Attention is drawn to the following parts of Section II.I.2:
(b) need of approval and right of appeal; (c) requests to be submitted, and approval granted, in writing; (f) obligation to return following leave; (g) possible loss of benefits and retirement credit. Agreement on alternative arrangements is not excluded by this policy.
K. Resignations
A faculty member who resigns to accept other employment at the end of the academic year shall give notice in writing to his/her academic dean no later than April 15 or thirty days after receiving written notification of the terms of his/her continued employment for the following year, whichever date occurs later.
L. Retirement
As of January 1, 1994, there is no mandatory age for retirement.
M. Wage Rate for Part-Time Faculty
No part-time faculty member shall be paid less than the minimum wage rate established by the University for comparable work loads throughout all colleges of the University. This wage rate will be determined annually by the colleges in consultation with the Provost. Provision will be made for length of service.
If Group II faculty must, for legitimate reasons, temporarily reduce their course loads, their returning salaries shall be determined by the rate of pay before the reduction.
Group II faculty may negotiate an increase in their workload based on a proportional rate of their current salary and assignment. The additional courses need not be considered an overload
N. Overload Compensation for Contract Personnel
This policy starts from the basic position that a full time contract (i.e., a contract for 1.0 FTE each quarter of the academic year or longer period) issued by Ohio University to an individual represents payment for full-time work during that period. Accordingly, monetary overload compensation is defined as payment received from or through Ohio University beyond the contract amount specified for the person's full-time services to the institution.
Implementation of this policy should help to avoid the following:
Inconsistencies within a budgetary unit such as a college in treatment of contract personnel (e.g., payment versus non-payment to different faculty members or administrators for the same kind of work).
Inconsistencies among budgetary units such as colleges in treatment of contract personnel.
Assurances of overload compensation at the time of appointment as opposed to indications that such compensation may be available.
Failure to achieve full understanding among all concerned regarding such issues as the nature of duties for which overload compensation will be paid, and limits on the amount of overload that may be undertaken.
It is assumed that each budgetary unit has a clear and well-understood concept of a full work load (i.e., full-time work) for each of the positions in its budget. It is understood that assignments of duties and responsibilities in addition to the full load (i.e., overload assignments) are sometimes necessary in order to meet unforeseen contingencies, provide flexibility, meet student demand, and permit the completion of research projects, for example. Overload assignments should not be used when it would be more appropriate to create a new position.
Assurances of overload assignments and monetary compensation for such assignments cannot be given at the time of appointment to a regular position.
Overload assignments shall be accompanied by fair monetary or nonmonetary compensation. Reduction of the regular load in another time period, trading of duties, joint appointments, and other forms of nonmonetary compensation will be employed whenever feasible and consistent with University objectives. Monetary compensation may be in the form of overload pay or a drawing account that may be used to cover professional expenses. Overload pay, when the amount can be predetermined, is recognized by issuance of a special overload contract.
Overload assignments typically receiving monetary compensation from Ohio University funds include: off-campus teaching; correspondence teaching; continuing education; workshops; conferences and institutes; advanced-standing examinations; assumption of a substantial portion of the regular teaching or administrative duties of someone who is unable to complete them; and, for regional campus faculty only, additional teaching on their home campus. Other kinds of overload assignments, such as funded research time during the academic year, may receive monetary compensation from non-University (particularly, non-State-of-Ohio) budget sources. Extra compensation for duties included in the full-time contract, such as augmentation of the position (e.g., an endowed chair) or added non-base pay for assumption of administrative responsibility (e.g., a department chairperson), is not considered to be overload compensation. Compensation earned during periods when the individual is not under full-time contract, such as summer session pay or a summer research contract for an individual who is on an academic-year contract, is also not overload compensation. The accumulation of numerous part-time contracts, which in total exceed 1.0 FTE for a period of time, does not give rise to overload for any work exceeding 1.0 FTE.
Overload assignments shall be permitted and compensation provided when each of the following conditions is met:
The proposed overload assignment is "professional" (i.e., within the contract person's area of expertise) as determined by the department chairperson and the dean or by other appropriate administrative officers.
The proposed overload assignment serves the objectives of the University. These objectives include service to students and the public, meeting of demand for workshops and other forms of continuing education, maintenance of quality of instruction, and control of costs.
The individual under consideration is able to complete all contracted duties and assignments adequately; the time and attention required by the overload assignment does not interfere with proper completion of the regular full load.
The overload assignments of the individual under consideration will normally require in total no more than ten hours per week, although a heavier load may be acceptable for a short period.
The individual predictably will earn from all sources connected with Ohio University no more than twenty-five percent (25%) beyond the salary amount specified for his/her full time services to the institution.
The dean of each college or regional campus is responsible for monitoring overload contracts and assuring that the conditions specified above are met. If any of these conditions is not met, the person making the assignment or initiating the overload contract must inform the dean in writing, stating the nature of any known exceptions and the reasons for making the assignment in spite of them. All exceptions will be reviewed and must have the approval of the department chairperson, the dean, or other appropriate administrative officers, and the Provost. Signing an overload contract will constitute such approval.
Overload contracts will be paid in one payment only, regardless of contract duration. Semester overload contracts will be paid on the closest bi-weekly pay date prior to the close of each academic semester. All other overload contracts will be paid on the closest bi-weekly pay date following the completion of the contract.
O. Regional Campus Faculty Members
Persons appointed to teaching positions at the regional campuses are members of the faculty of Ohio University under the terms and conditions of this FacultyHandbook.
At each regional campus there shall be one or more academic divisions. The faculty member designated to hold administrative responsibility for a division will have the title of division coordinator. The activities and responsibilities of the division (and its coordinator) shall be analogous to those of a department (and its chairperson).
Each appointment to a faculty position shall be designated for a specific campus and academic division as well as academic discipline (e.g., Assistant Professor of History, Division of Humanities, Lancaster Campus).
Where policies or procedures on the Athens campus call for action by a department (or chairperson), a dean, and the Provost, analogous procedures will be followed on each regional campus with action by the division (or coordinator), the regional campus dean, and the Vice President for Regional Higher Education.
Most part- and full-time regional campus faculty members conduct instruction in courses that are the responsibility of Athens campus academic departments. It is the mutual responsibility of the department and the regional campus faculty member to provide coordination and assure equivalence in course content and academic standards. In such cases, the following will also apply:
The initial appointment requires the approval of the Athens campus department;
The faculty member may teach only those courses for which he/she is approved by the department;
During consideration of advancement in rank or award of tenure, the regional campus promotion and tenure advisory committee shall consult with the Athens department, and the department shall provide a written statement that must be included with the documents considered by the committee and others in the review process.
P. Relocation from One Ohio University Campus to Another
Relocation of a faculty member from one campus to another requires the agreement of the faculty member and appropriate approvals at the campus where the faculty member is to be employed (in the case of relocation on the Athens campus, the chairperson and dean must approve; in the case of relocation to a regional campus, the division coordinator and campus dean must approve).
Rank, tenure, and salary attained at the previous campus are subject to negotiation as part of the relocation process.
Q. Policy on Sexual Harassment
Sexual harassment of students, faculty, or staff is prohibited at Ohio University as outlined in the Policy and Procedures Manual No. 03.004. Sexual harassment is defined in the Policy and Procedures Manual as follows [03.004 IV]:
Sexual Harassment at Ohio University is defined as any unwelcome sexual advance or request for favor, including an explicit or implicit quid pro quo, made by an employee, student, or agent of the University to a student or employee of the University, and is conduct of a sexual nature exhibited by such a person (or people) toward another when such conduct substantially interferes with the person’s educational or work performance, or creates an intimidating, hostile, or offensive educational or work environment.
The Manual defines Quid Pro Quo and Hostile Environment thusly:
Quid Pro Quo is the Latin term for "this for that" and occurs when there is a demand for sexual favor in exchange for employment or academic benefit.
Hostile Environment exists when harassing behavior unreasonably interferes with a student’s academic or employee’s work performance and creates a hostile, intimidating, or offensive academic or work environment.
The administration and faculty of Ohio University recognize that sexually-explicit material may be part of the instructional material used in the classroom. And therefore any investigation will consider the legitimate pedagogical context, and will take into account discipline-specific guidelines for professional practice [Policy and Procedures 03.004 VI.A.]\
In settings where a sexual harassment charge may be directly related to the content or instructional mission of the instructional environment, the investigating body will take special consideration of such a context and the outcome of these goals. Weighing inappropriate behavior against the context of legitimate physical contact; for example, in dance or medical instruction; or verbal or visual communication such as creative writing, art, or biology; should be conducted with cognition of the necessary pedagogy involved in such cases and take into account guidelines within each discipline for recognized professional activities.
All Ohio University faculty and staff are responsible for compliance with 03.004 in the Policy and Procedures Manual. All University supervisory personnel have an affirmative duty and responsibility to discourage and eliminate, and an affirmative duty to report, conduct inconsistent with this policy. Specific concerns or complaints regarding sexual harassment shall be submitted to the Office for Institutional Equity following the reporting guidelines as outlined in 03.004, section IX Duty to Report. The Office of Institutional Equity as the investigating office will respect the rights of all parties involved in the complaint in compliance with federal and state law.
A faculty member identified in a sexual harassment complaint will be apprised of the facts involved by the Office of Institutional Equity and, as a part of the process, the faculty member will have the right to present any oral and written information relating to such a complaint before any action is taken.
Determinations made by the Office of Institutional Equity will be sent to the planning unit where, if appropriate, the complaint may be forwarded to the College or Regional Campus Professional Ethics Committee. A faculty member may appeal any action that might result from such a complaint following the procedures described in Section II.G. of the Faculty Handbook.
R. Policy on Consensual and Familial Relationships in the Instructional Setting
An instructor shall not supervise nor grade the academic work of a student with whom the instructor has or begins a consensual sexual relationship. Because such relationships may carry the potential for coercion, their consensual nature is inherently suspect. Furthermore, such a relationship may give other students in the same academic setting cause to believe that an unfair educational advantage accrues to the student in the relationship.
Familial instructional relationships" may also confer unfair advantage on the student related to the instructor or be so perceived. Thus, instructors shall not supervise nor grade the academic work of immediate family members. For purposes of this policy, immediate family is defined as in Section II.C.7.a and includes husband-wife, parent child, domestic partner of same sex and opposite sex, and sibling relationships.
An exception to the policy set forth in Items 1 and 2 will be permitted if safeguards are put into place by the instructor's chair, or if the instructor is the chair, by the dean of the college offering the course.
Specific concerns or complaints regarding consensual or familial relationships may be brought to the attention of the department chair, Affirmative Action Office, or the office of the University Ombudsman. These three offices will assist the complainant in a timely fashion in an informal resolution of the complaint or direct the complainant to the appropriate grievance procedure. The investigating office will respect the rights of all parties involved in the complaint. No action, formal or informal, will be taken without the explicit approval of the complainant.
An instructor identified in a consensual or familial relationship complaint will be apprised of the facts involved by academic governance personnel. The instructor will have the right to present any oral and written information relating to such a complaint before any action is taken. An instructor may appeal any action that might result from such a complaint following the appropriate grievance procedures.
S. Consensual and Family Relationships
Sexual or familial relationships between university employees can raise special concerns. If such a relationship exists or develops between a person with direct and immediate decision-making authority regarding the other person in the relationship, the person with the greater institutional authority has the responsibility to inform his or her supervisor.
The supervisor will consult with both people so that appropriate arrangements can be made to safeguard fairness and integrity.
In the event that job-related problems or complaints arise from such a relationship and appropriate arrangements have not been made, the procedures (Section IV.L) for Allegations of Violation of Professional Ethics may be invoked.
Endnotes
The term "academic department includes not only departments but also schools and regional campus divisions. When action by a department is indicated, it is understood that such action shall be according to the established procedures of each department. (See Sections II.N and for details of regional campus procedures.)
The phrase "part-time faculty" as used in this document does not include in its reference undergraduate or graduate student assistants, teaching assistants, research assistants, teaching- or research fellows or associates, or post-doctoral fellows.
Updated Fall, 2012
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Upcoming Meetings
2012-13 Faculty Senate Meeting Schedule * Indicates an extraordinary meeting
FALL
September 10, 2012
October 8, 2012
November 5, 2012
December 10, 2012
SPRING January 14, 2013
February 11, 2013
March 11, 2013
April 8, 2013
May 6, 2013
All meetings Fall Semester are held
in Walter Hall 235 at 7:10 pm
