3520

CHAPTER THREE: 3520

EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF

January 2008

3520

FACULTY TENURE

PREAMBLE: This section defines tenure and sets out the procedure by which a faculty member is evaluated, at the department, college, and university level, for a possible award of tenure. In general, the material gathered here was all an original part of the 1979 Handbook. The material that provides the first sentence of what is now subsection F, H-1, I-1 through I-3 was added in July 1987. At that time what is now subsection D (criteria for tenure) and subsections I-4 and J-1 (specifying review at the university level) were added and what is now H-4 (concerning the formal tenure-review process) greatly enlarged. Substantial revisions to D, H-3, H-4, H-5, and I-4 were made in July 1998. The tenurability of lecturers and senior instructors was clarified (Section E) in July 2001. Subsections F, G, and H were revised and J-3 added in July 2002, G-1 and H-3 were substantially revised July 2005. In July 2007 the form underwent substantial revisions to address enforcement and accountability issues in the UI promotion and tenure process as well as align the form with the Strategic Action Plan. Minor rearrangements and clarifications were made, G-9 was added, and H-3 substantially revised. Except where specifically noted, the rest of the text was written in July 1996. More information may be obtained from the Provost’s Office (208-885-6448) or the Office of the Faculty Secretary (208-885-6151). [ed. 7-97, 7-02, rev. 7-98, 7-01, 7-02, 7-05, 7-07, 1-08]

CONTENTS:

A. Definition of Tenure

B. Purpose of Tenure

C. Further Definitions

D. Criteria for Tenure

E. Tenurable Ranks

F. Tenure Eligibility

G. Time Requirements for Tenure

H. Evaluation for Tenure

I. Review of Evaluations at the College Level

J. Review of Evaluations at the University Level

A. DEFINITION OF TENURE. Tenure is a condition of presumed continuing employment that is accorded a faculty member by the regents, usually after a probationary period, on the basis of an evaluation and affirmative recommendation by a faculty committee with concurrence by the faculty member’s departmental administrator and college dean and by the president. Tenure is granted only when there is a reasonable assurance based on performance, that the faculty member will continue to meet the standards for tenure. After tenure has been awarded, the faculty member’s service can be terminated only for adequate cause, the burden of proof resting with UI [see 3910], except under conditions of financial exigency as declared by the board [see 3970], in situations where extreme shifts of enrollment have eliminated the justification for a position, or where the board has authorized the elimination of, or a substantial reduction in, an academic program. [ed. 7-98]

B. PURPOSE OF TENURE. Tenure has as its fundamental purpose the protection of academic freedom in order to maintain a free and open intellectual atmosphere. The justification lies in the character of scholarly activity, which requires protection from improper influences from either outside or inside the university. A tenure policy strengthens the capability of a university to attract and retain superior teachers and scholars as members of the faculty. UI’s tenure policy improves the quality of the faculty by requiring that each faculty member’s performance be carefully scrutinized before tenure is granted and periodically thereafter [see 3320 C]. [ed. 7-98]

C. FURTHER DEFINITIONS.

C-1. Board. As used throughout this section, "board" refers to the State Board of Education and Board of Regents of the University of Idaho.

C-2. University. As used throughout this section, "university" and "UI" refer to the University of Idaho.

C-3. Faculty Member. For the purposes of this section and certain other sections that contain references to this subsection, "faculty member" is defined as any member of the university faculty [see 1520 II-1] who holds one of the following ranks: instructor, senior instructor, assistant professor, associate professor, or professor.

D. CRITERIA FOR TENURE. Tenure is granted only to faculty members who demonstrate that they have made and will continue to make significant contributions in their disciplines through effective teaching and service and their scholarship in the areas of teaching and learning, artistic creativity, discovery and application, as appropriate and specified in their position descriptions. The college and departmental criteria [see H and I] must also be met. [rev. 7-98]

E. TENURABLE RANKS. The tenurable ranks are: senior instructor, assistant professor, assistant research professor, associate professor, associate research professor, professor, distinguished professor, research professor, library, and extension faculty with the rank of assistant professor, associate professor, and professor. Administrative and service positions, as such, are not tenurable. Lecturer and instructor are not tenurable ranks. (See FSH 3560 D.) The rank of senior instructor can be used with either a tenure or non-tenure track position but it is not a rank from which a faculty member may be promoted (See FSH 1565 B.) Appointments made to the titles may be made as "tenure track" or "non-tenure track" positions. [rev. 7-98, 7-01]

F. TENURE ELIGIBILITY. The granting of tenure is based on the criteria formulated and described below and follows the procedures specified in subsections F, G, H, and I. Full-time faculty members who hold tenurable ranks are eligible for appointment to tenure under the conditions and through the procedures described in this section; appointments to tenure may not be made, however, that will cause the number of faculty members with tenure to exceed 75 percent of the total number of faculty members.

F-1. Tenure is not awarded automatically, but only on the basis of explicit judgment, decision, and approval. A faculty member who is eligible for consideration for tenure must be evaluated by the departmental tenure-recommending committee [see H-4] in accordance with the schedule in G-1. That committee’s recommendation, together with the recommendations of the faculty member’s departmental administrator, interdisciplinary leader and center administrator if appropriate, and dean, is forwarded to the president for review. In the event that the administrator submitting the recommendation has not had at least one year to evaluate the candidate, he or she will, except for reasons clearly stated in writing, rely on the evaluations and recommendations of the tenure-recommending committee when submitting his or her own recommendation. Tenure is awarded by the board, which has delegated the responsibility to the president. Before attaining tenure, the burden of proving worth rests with the appointee. A faculty member eligible for tenure is to be informed in writing of his or her appointment (by proffered contract) or nonappointment to tenure not later than June 30 of the year of review for tenure. [See H-5.] [rev. 7-02, 1-08]

F-2. The granting of tenure to a librarian, student counselor, other academic officer, or a member of the Cooperative Extension Service does not provide tenure in the particular position held.

F-3. To serve as the administrator of an academic department, the appointee must hold academic rank in a discipline; a departmental administrator is never granted tenure in his or her administrative capacity. An employee with tenure in an academic department who is appointed to an academic administrator position retains tenure in that department. (RGP IIG6i)[rev. 7-02]

F-4. The Board defines academic administrators who are eligible for tenure as the chief academic officer of the UI (provost), deans, department chairs, and their associates and assistants of academic units. An academic administrator may be appointed with or without academic rank, except that an administrator of an academic department must hold academic rank in a discipline. [See F-3.] If the appointment carries academic rank, evaluation for tenure is conducted by the department in which the rank is held. In such cases, tenure will be granted only upon favorable recommendation of the department or upon successful appeal of an unfavorable departmental recommendation. In the event that tenure is not granted, the appointee may continue to serve in the administrative or service capacity (except as administrator of an academic department), but without academic rank. [rev. 7-02]

G. TIME REQUIREMENTS FOR TENURE ELIGIBILITY.

G-1. Probationary or term appointments may be for one year, or for other stated periods not exceeding one year, and are subject to renewal. [See 3900.] Prior to the award of tenure, employment beyond the annual term of appointment may not be legally presumed. (RGP IIG6). Ordinarily a faculty member is not considered for tenure until the fourth full year of probationary service, and consideration is mandatory no later than the sixth full year of service. (RGP IIG6). Credit for prior service may be given in accordance with the provisions in G-4. Faculty members initially employed as full professors can be appointed with tenure when this action is supported by a majority of the tenured faculty in the department or equivalent unit and by the university administration; otherwise, professors are considered for tenure during the fourth full year of service. In this context, unless otherwise specified, the term “year” means the appointment year, whether that is an academic, calendar, or fiscal year. A faculty member who is not awarded tenure may be given written notice of non-reappointment, or be offered a one-year terminal appointment, or be granted an additional short-term probationary appointment for not more than a twelve-month period by mutual agreement between UI and the faculty member. The decision to offer employment following a denial of tenure is in the sole discretion of the president (RGP IIG6j). [See 3900.] [rev. 7-98, 7-02, 7-05]

G-2. Tenure evaluation procedures must be started in sufficient time to permit completion by the end of the time periods indicated in G-1. When authorized by the president or his or her designee, the year in which the tenure decision is made may be the terminal year of employment if the decision is to deny tenure. (RGP IIG6k). [rev. 7-02]

G-3. Satisfactory service in any professorial rank may be used to fulfill the probationary periods required for awarding tenure. A maximum of two years of satisfactory service in the rank of instructor at UI may be recognized in partial fulfillment of the time requirement in the professorial ranks. For the purposes of tenure eligibility only, the rank of senior instructor is considered as a professorial rank.

G-4. In cases involving prior equivalent service, tenure may be granted following less than the usual period of service. In particular, new faculty members from other institutions--educational, governmental, and others--with comparable service in instructional, research, or service positions may be granted credit for such service up to a maximum of four years and may be considered for tenure after a minimum of one full year of service at UI. [ed. 7-98]

G-5. In the event that a nontenured faculty member’s period of service at UI has been discontinuous, prior years in the same or a similar position may be counted toward tenure eligibility, subject to the conditions that:

a. Not more than three years have passed since the person left UI.

b. Applicability of the prior service toward tenure must be stated in writing before reappointment.

c. At least one additional year is to be served before tenure is recommended.

G-6. When a nontenured faculty member holding academic rank moves from one department to another within UI, the faculty member must be informed in writing by the provost, after consultation with the new department, as to the extent to which prior service will count toward tenure eligibility. (RGP IIG6l) [rev. 7-02].

G-7. If a tenured faculty member leaves UI and later returns to the same or a similar position after not more than three years, the appointment may be with tenure, or he or she may be required to serve an additional year before a tenure decision is made. Notification of probationary or tenure status is to be given in writing before reappointment.

G-8. When a tenured faculty member moves from one position to another within UI, or accepts a change from full-time to part-time appointment, his or her tenure status does not change. While a tenured faculty member is serving as a departmental administrator, college dean, or in some other administrative or service capacity, he or she retains membership, academic rank, and tenure in his or her academic department. Should the administrative or service responsibilities end, the faculty member would take up duties in his or her academic discipline.

G-9. A compassionate extension of the tenure probationary period may be granted in certain exceptional cases which may impede a faculty member’s progress toward achieving tenure, including responsibilities with respect to childbirth/adoption, significant responsibilities with respect to elder/dependent care obligations, disability/chronic illness, or circumstances beyond the control of the faculty member. [add. 1-08]

a. The procedures for requesting a compassionate extension are:

1.  The faculty member provides a written request to the Provost.

2.  Requests should be made in a timely manner, proximate to the events or circumstances which occasion the request. All requests should state the basis for the request and include appropriate documentation.

3.  Except to obtain necessary consultative assistance on medical or legal issues, only the Provost will have access to documentation pertaining to a request related to disability or chronic illness. The provost will, at his or her discretion, determine if consultation with the dean and/or department is appropriate. The provost shall notify the faculty member, department chair, and dean of the action taken.

4.  In most cases, extension of the probationary period will be for one year. However, longer extensions may be granted upon a showing of need by the faculty member. Multiple extension requests may be granted. All requests for probationary period extensions shall be made prior to commencing with a tenure or contract renewal review.

5.  If a probationary period extension is approved, a reduction in scholarly productivity during the period of time addressed in the request should not prejudice a subsequent contract renewal decision. Any faculty member in probationary status more than the ordinary probation period specified in 3520 G-1 because of extensions shall be evaluated as if the faculty member had been on probationary status for the ordinary probation period.

H. EVALUATION FOR TENURE.

H-1. Departmental Criteria. The faculty of each department or equivalent unit establishes specific criteria in teaching, research, and service pertaining to tenure of their members. The criteria include a statement regarding the value and weight ascribed to interdisciplinary activity. Departmental criteria are subject to review by the college committee on tenure and promotion for consistency with the college criteria. Such criteria may be changed at any time by a majority vote of the departmental faculty, but they must be reviewed for possible changes at intervals not to exceed five years. Any such revision may not be retroactive but, for evaluation purposes, are considered proportionately in conjunction with criteria that were previously in force. [rev. 7-06, 1-08]

H-2. Annual Review. All faculty members, tenured and nontenured, are reviewed each year by the appropriate departmental administrators [see 3320]. In most cases, the principal basis for evaluation is performance in relation to the position descriptions for the period under consideration where such descriptions have been developed according to the policies stated in 3050 and in relation to the departmental criteria for tenure and promotion. In the case of members of instructional faculty (those who teach courses in the regular program on the Moscow campus), the annual student evaluation of teaching is carefully weighed in this review. Each college must have procedures that guarantee that the student evaluations are considered (college procedures are subject to review and approval by the president and the board). The departmental administrator’s annual evaluations, together with the judgments of higher administrators, are used as one of the bases for recommendations concerning salary, reappointment, nonreappointment, promotion, tenure, or other personnel actions, as appropriate. The departmental administrator communicates to each faculty member evaluated an assessment of strengths and weaknesses. [rev. 1-08]

H-3. Third Year Review. A more thorough review by a non-tenured faculty member’s colleagues is held during the 24 to 36 months period after beginning employment at UI. The candidate creates a professional portfolio (see FSH 3570). A committee is appointed, in accordance with procedures determined by each unit, to consider the progress of each faculty member. The detailed procedures for appointing the committee and conducting the third-year review are developed by the faculty of each department and made a part of the departmental bylaws. [rev. 7-98, 7-05, 1-08]

a. At a minimum, the candidate must submit the following materials:

1. Current curriculum vita;

2. Annual evaluations and other progress reviews from department chair(s), dean(s) and center executive(s) where applicable; i.e., in the case of joint appointments and appointments where interdisciplinary activities are part of the faculty member’s position description, or in cases where faculty are located at Centers or offsite locations, the secondary department chair(s) and dean and/or center executive evaluations should be included;

3. Context statement written by the faculty member (limited to two pages) and approved by the department/college administrator(s), and center executive as applicable. Statement may include expectations placed on a faculty member by circumstances extant at research institutes, interdisciplinary departments, or centers, the requirement of joint appointments or other special circumstances;

4. Teaching portfolio (includes goals, responsibilities, evaluations, results and appendix, or exhibits), the narrative is limited to five pages;

5. Research and service statements as needed. These areas are often adequately represented in the vita; and

6. Supporting materials, for example, it is appropriate to include a statement on the faculty member’s progress from their mentor.

b. In case of a conflict, these requirements supersede college and department bylaws. The non-tenured faculty member is given a copy of the committee’s report and is informed in writing by the unit administrator of strong and weak points that are brought out by this review. The following materials are then submitted to the Provost's Office:

1. Analysis and recommendations from:

a) Dean,

b) Department chair and, where applicable, interdisciplinary leaders and center administrators, and/or administrators of faculty in joint appointments, and

c) Review committee(s).

2. Complete portfolio of 3rd year review materials.

H-4. Formal Tenure Review.

a. The formal evaluation for the granting of tenure is made on the basis of the faculty member’s potential effectiveness as a continuing member of the UI community. To initiate the formal evaluation for the granting of tenure to a faculty member, the departmental administrator (or college dean if the departmental administrator is under consideration for tenure) obtains the position descriptions and annual evaluations for the relevant period, the third-year review (all maintained in the departmental office), the professional portfolio (from the nontenured faculty member), summary scores of student evaluations from all classes taught (Institutional Research and Assessment), and the curriculum vitae and reviews the latter as to its completeness and accuracy with the person concerned. [rev. 7-98, 7-02, 1-08]

b. Except in the case of senior instructors, the department administrator will request an evaluation of the performance of every candidate for tenure from three to five appropriate reviewers, who should include tenured faculty at peer institutions. The names of at least two of these reviewers will have been suggested by the nontenured faculty member. The letter of request will include the candidate’s curriculum vitae, position descriptions for the relevant period, the professional portfolio, and up to four examples of the candidate’s scholarly work. When all deliberations within the university have been completed, the responses to these requests will be shown to the faculty member after every effort to ensure the anonymity of these authors has been made. [add. 7-98, rev. 7-02, 1-08]

c. Copies of position descriptions, annual evaluations, the third-year review, the professional portfolio, summary scores of the student evaluations, the curriculum vitae, and outside letters are forwarded to each person participating in the review at the departmental and higher levels. Additional material supplied by the faculty member should be available for review in the departmental office. The results of the student evaluations of teaching must be carefully weighed and used as a factor in judging the teaching component in tenure determinations. It is expected that the departmental administrator making the recommendation concerning tenure will, insofar as practicable, have sought and considered the evaluations of the candidate made by all tenured faculty members of the department, interdisciplinary leaders and center administrators (if appropriate), and the departmental tenure-recommending committee (see H-4-d). The faculty member’s spouse is not permitted to serve in any capacity in the review process. Each department is responsible for developing procedures in its bylaws that meet the requirements of this subsection (departmental bylaws are subject to review and approval by the provost, see 1590). A copy of the form that is to be used in transmitting the recommendations made at each stage of evaluation for tenure appears as the last two pages of this section. Included in the criteria for formal evaluation is participation in international activities. [See also 3380 D.] [rev. 7-98, 7-02, 1-08]

d. The departmental tenure-recommending committee includes the following, each with full vote: one or more tenured faculty members, one or more nontenured faculty members, one or more persons from outside the department, and, in cases involving the evaluation or review of members of the instructional faculty , one or more students sufficient to ensure equity of representation and who have had experience in the department with which the faculty member being evaluated is associated. Students are to comprise no less than 25 percent and no more than 50 percent of the committee. No faculty member serves on the departmental tenure-recommending committee when it is considering his or her own case. Nor is the dean permitted to attend the departmental committee’s deliberations. [rev. and ren. 1-08]

H-5. Forwarding Materials. The departmental administrator forwards his or her completed copy of the recommendation form for each person being considered to the dean along with the recommendation of the departmental tenure committee. The individual recommendations submitted by tenured faculty members are also forwarded. The findings of the department faculty and department administrator are relayed to the candidate indicating strengths as well as weaknesses as perceived at the department level. The candidate may respond in writing to clarify the situation if he or she believes his or her record or the departmental criteria for tenure have been misinterpreted. Any such letter is forwarded with the rest of the candidate’s materials to the college. [rev. 7-98]

H-6. Departmental Administrator Under Review for Tenure. If a departmental administrator is under consideration for tenure, the forms completed by the departmental tenure committee and the tenured faculty members concerned are forwarded directly to the dean and the dean is responsible for making the summary.

I. REVIEW OF RECOMMENDATIONS AT THE COLLEGE LEVEL.

I-1. College Standing Committee. In each college there is a standing committee on tenure and promotion. The members serve terms of not less than three years on a staggered basis. The membership of the committee and the method of selection are prescribed in the bylaws of the college. [ed. 7-98]

I-2. College Criteria. Each college committee on tenure and promotion recommends, for adoption by the college faculty, criteria in teaching, research, and service for granting tenure (and promotion to specific ranks) in that college. The criteria shall include a statement regarding the value and weight ascribed to interdisciplinary activity. College criteria must be compatible with the university-wide criteria as specified in 1565 and 3560, and are subject to approval by the provost. The dean or the faculty (by petition of 20 percent or more of the faculty members of the college) may initiate consideration for revision of the criteria at any time. [ed. 7-98, 7-01, rev. 7-06]

I-3. College Standing Committee Recommendations. The College standing committee makes recommendations to the dean and the provost on the tenure of individual faculty members. [rev. 1-08]

I-4. Dean’s Recommendation. The dean considers the recommendations made by the college’s committee on tenure and promotion and makes his or her own recommendations. It is advisable that the dean confer collectively with the departmental administrators about the merits of the faculty members whom they are recommending for tenure. The findings of the college committee(s) and the dean are relayed to the candidate indicating strengths as well as weaknesses as perceived at the college level. The candidate may respond in writing to clarify the situation if he or she believes his or her record or the college criteria for tenure have been misinterpreted. Any such letter is forwarded with the rest of the candidate’s materials to the provost. [rev. 7-98, 1-08]

J. REVIEW OF RECOMMENDATIONS AT THE UNIVERSITY LEVEL.

J-1. The individual recommendations, together with the summary recommendations of the departmental executive, the recommendations of the college committee and those of the dean are forwarded for review by the provost. Any individual signed recommendations are placed in the faculty member’s personnel file. [rev. 7-02]

J-2. The awarding of tenure to an eligible faculty member is made only by a positive action of approval by the president. The president gives notice in writing to the faculty member of the granting or denial of tenure by proffered written contract, of appointment or nonappointment to tenure not later than June 30 after the academic year during which the decision is made. (RGP IIG6c). Notwithstanding any provisions in this section to the contrary, no person is deemed to have been awarded tenure solely because notice is not given or received by the prescribed times. No faculty member may construe the lack of notice of denial of tenure as signifying the awarding of tenure. If the president has not given notice to the faculty member as provided herein, it is the duty of the faculty member to make inquiry to ascertain the decisions of the president. [rev. 7-02]

J-3. The board requires the president to provide a list of the faculty members granted tenure in the university's regular semi-annual report to the board. (RGP IIC4b). [add. 7-02]