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 Vice President for Academic Affairs will inform the candidate at a meeting of the Vice President for Academic Affairs, 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 Vice President for Academic Affairs will so inform the candidate, on or about March 15. The Vice President for Academic Affairs will meet with the candidate denied tenure to discuss with the candidate the reasons for denial.

If promotion to Professor is denied, the Vice President for Academic Affairs will so inform the candidate, normally on or about January 15. The Vice President for Academic Affairs meets with the candidate denied promotion to discuss with the candidate the reasons for denial.

The faculty member denied contract extension at the fourth-year review, 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 Vice President for Academic Affairsin writing of his or her intent to appeal the decision within ten calendar days of being notified that contract extension, tenure, or promotion was denied.

A written appeal must then be submitted to the Vice President for Academic Affairs, 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 pertinent information regarding procedures supplied by the Vice President for Academic Affairs and will conduct interviews limited to the alleged capriciousness or violation of procedure described in the appeal.

The Appeals Committee will provide a written report to the Vice President for Academic Affairs 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 and the President upholds the previous recommendation, the President will provide the Appeals Committee’s full report (and the minority report if the Appeal’s Committee is divided), along with the President’s recommendation, to the Board of Trustees, who will determine the final College position on the matter.