H. Reviews of a Fourth-Year Review, Tenure Decision, or Promotion Decision

If contract extension beyond the fifth year is denied as a result of the fourth-year review, the Provost will inform the candidate at a meeting of the Provost, the department/program Chair, and the candidate, usually in December; notice will also be provided to the candidate in writing.

If tenure is denied, the Provost will so inform the candidate, normally on or about March 15. The Provost will meet with the candidate denied tenure to discuss with the candidate the reasons for denial. A statement summarizing the Provost’s findings, which preserves the confidentiality of the process, shall be provided to the candidate.

If promotion to Professor is denied, the Provost will so inform the candidate, normally on or about January 15. The Provost will meet with the candidate denied promotion to discuss with the candidate the reasons for denial. A statement summarizing the Provost’s findings, which preserves the confidentiality of the process, shall be provided to the candidate.

The faculty member denied contract extension at the fourth-year review, or denied tenure or promotion to Professor, may appeal the decision on the grounds that it was made capriciously or not in conformity with the established procedures. The faculty member must notify the Provost in writing of their intent to appeal the decision within ten calendar days of being notified that contract extension, tenure, or promotion was denied. For purposes of this section, an action is taken “capriciously” if it is a “willful and unreasonable action taken without consideration or in disregard of facts or without determining principle.”

A written appeal must then be submitted to the Provost, the President, and the Faculty Appeals Committee no later than twenty calendar days after the submission of the notice of intent to appeal. The appeal must specify what procedure is alleged to have been violated and/or in what way the decision is alleged to have been made capriciously. In making the appeal, as throughout the tenure process and promotion process, the burden of proof rests with the faculty member.

In considering the appeal, the Faculty Appeals Committee will review all pertinent information supplied by the Provost, including recommendations by the Faculty Committee on Tenure and Promotion and the Provost, and will conduct interviews limited to the alleged capriciousness or violation of procedure described in the appeal.

The role of the Faculty Appeals Committee is to advise the President to uphold or reconsider the Provost’s recommendation. The Appeals Committee will provide a written report to the Provost and the President. The report will contain findings of fact and conclusions as to whether or not the original decision was reached capriciously or procedures were violated. In the event the committee finds there were violations sufficient to warrant reconsideration, the Appeals Committee will recommend in its report that the President review the original decision. If the committee is divided, a minority report also will be filed.

A statement summarizing the Appeals Committee findings, which preserves the confidentiality of the process, will be made available to the candidate. The summary will indicate if the decision was unanimous. If the Appeals Committee asks the President to review a previous recommendation, the President may overturn or uphold the Provost’s recommendation. In either case, the President will determine the final College position on the matter. If the President’s decision is positive on tenure or promotion, it is sent to the Board of Trustees for action at the April meeting. If the President’s decision is negative on tenure or promotion, a statement summarizing the President’s findings and rationale, which preserves the confidentiality of the proceedings, will be provided to the candidate.

At the conclusion of the process, the Provost’s, the Appeals Committee’s, and, if applicable, the President’s summary statement to the candidate will be provided to the Faculty Committee on Tenure and Promotion.