Policy: Employment of Non-Tenure-Track Faculty
|Date: 02/24/06||Policy ID: HRM-003||Status: Final|
|Contact Office:||Executive Vice President and Provost (Office of the)|
|Oversight Executive:||Executive Vice President and Provost|
Part-time and full-time faculty who do not hold tenured or tenure-track positions at the University. Non-tenure-track faculty positions are tenure ineligible and are for fixed terms.
This policy does not apply to members of the professional research staff, i.e., research assistants, research associates, research scientists, senior scientists and principal scientists. Members of the professional research staff are governed by the policy on Employment of Professional Research Staff.
|Table of Contents:|
|Reason for Policy:||To provide the terms and conditions of employment for non-tenure-track faculty.|
|Definition of Terms in Statement:||
Non-tenure-track faculty positions may be grouped according to two major functional categories:
Academic: Those positions that normally involve a range of responsibilities that do not encompass the full scope expected from traditional tenure-track academic positions (e.g., an extraordinarily high obligation to research with minimal classroom instruction; or major responsibilities for teaching and/or clinical practice without research obligations).
Administrative and Professional (A & P) Faculty: Those positions that provide services to faculty, students and staff in order to support the institution’s primary missions of instruction, research and public service.
In cases where a non-tenure-track faculty member performs a mix of academic and administrative/professional duties, the academic duties must represent at least fifty (50) percent effort for the position to be classified as academic.
|Policy Statement:||I. QUALIFICATIONS
Academic non-tenure-track faculty positions normally require a terminal degree.
Administrative and professional non-tenure-track faculty positions normally require a master’s degree in an appropriate field, relevant experience (e.g., licensure or certification), and skills specified by the particular position description.
II. RANK AND TITLE
II. A.1. Academic Non-Tenure-Track Faculty
II. A.2. Promotion in Professorial Rank
II. B. Administrative and Professional Non-Tenure-Track Faculty
II. C. Librarians
III. TERM OF APPOINTMENTS
IV. A. Position Duties and Responsibilities
IV. B. Service to the University
IV. C. Professional and Scholarly Activities
IV. D. Consulting Activities
Non-tenure-track faculty must also be attentive to “The State and Local Government Conflict of Interests Act” (Va. Code Title 2, Chapter 31, Section 2.2-3100) which comprehensively prohibits conflicts of interest, including using confidential information of the University for personal economic benefit or accepting service that “reasonably tends” to influence the performance of official duties. A conflict may also arise when faculty have a personal interest in a contract with another state agency which has not been competitively awarded or supported by appropriate authority of the agency head, or has a personal interest in a transaction or contract involving the University. An exemption may be provided by the University for research and development contracts under certain circumstances.
Non-tenure-track faculty may participate in volunteer public service, as provided in the above policies, and in political activity as long as it is in accordance with the Policy Statement on Political Activity.
V. A. Annual Review
Each year, every non-tenure-track faculty member’s professional performance should be evaluated after the faculty member submits a written annual report in a form prescribed by the appropriate vice president or unit head to whom the faculty member reports. It is good practice for the evaluation to be written, to be shared with the faculty member and to be the subject of discussion between the faculty member and the supervisor. The setting of specific performance expectations for the coming year and monitoring progress toward their attainment is the joint responsibility of both parties. Performance expectations should be mutually agreed upon during the review discussion.
The faculty member’s annual report and the supervisor’s evaluation become part of the basis for salary adjustments and promotions. Salary increases are based on merit; they are not automatic. Recommendations for salary adjustments originate within the department and are reviewed and approved by the appropriate supervisor, vice president, and, as needed, the president.
If the supervisor has not conducted an annual review, the faculty member shall have the right to insist that the review be conducted in a timely manner.
V. B. Contract Reappointment Review
For non-tenure-track faculty members with one-year appointments, the annual review may serve as the contract reappointment review. For all other non-tenure-track faculty, in the year prior to the terminal year of his/her contract, the supervisor has the responsibility to thoroughly review and evaluate the faculty member’s performance over the contract period. If this evaluation takes place before the faculty member has earned the Expectation of Continued Employment and the evaluation is positive, the faculty member will be eligible for reappointment upon the recommendation of the supervisor, usually to a term commensurate with the term just completed, subject to the approval of the appropriate vice president, dean or unit head. If the review is not positive, notice of non-reappointment consistent with the Standards for Notice (see below) should be given.
VI. A. Conditions
Non-tenure-track faculty members who have earned the Expectation of Continued Employment will normally be reappointed to a term commensurate with the term just completed, so long as the services of the University continue to be the type and scope requiring the faculty member’s high level of professional skills and the annual performance review (outlined in Section V above) reveals job performance has been judged to be at a high level of productivity and effectiveness. Regardless of whether or not ECE has been earned, however, the reappointment of non-tenure-track faculty whose salaries are funded from grants, contracts or private gifts is subject to the continued availability of such funds.
Except as limited below, all non-tenure-track faculty members who occupy positions that are 0.5 FTE or greater are eligible for consideration for the ECE. Those occupying positions that are less than 0.5 FTE can be eligible only if their eligibility is explicitly provided for in their contracts, and that exception is approved in advance by the dean of the school or the appropriate vice president.
Unless expressly provided by contract, non-tenure-track faculty employed in the Department of Athletics, who do not already have the ECE as of July 1, 2005, and who are 0.5 FTE or greater in the Department of Athletics, cannot obtain the ECE.
VI. B. Review Process
For non-tenure-track faculty holding one-, two-, or three-year appointments, this review process shall usually take place in the fifth year of employment; for those with five-year appointments, it shall usually take place in the ninth year.
This review process shall substitute for the annual performance review in the year in which it is conducted. It shall be conducted by the supervisor using written procedures established by the relevant school or department and approved by the appropriate vice president. No supervisor shall have the unilateral power to award the ECE, and any recommendation regarding the ECE must follow successful completion of this review process. A non-tenure-track faculty member shall have the right to insist that an ECE review be conducted with reasonable lead-time to allow appropriate consideration during the reappointment process.
Once a non-tenure-track faculty member has undergone this substantial review, the supervisor may recommend to the appropriate vice president that the faculty member may be awarded the ECE. If the Expectation of Continued Employment Review has been successfully completed per the provisions of this policy, the appropriate vice president may approve in writing that the ECE be awarded to the non-tenure-track faculty member. The ECE requires the affirmative written approval of the appropriate vice president, and absent such written approval, is not earned. The vice president may consider the needs of the University and the performance evaluation recommendation.
Those non-tenure-track faculty members who have already attained the ECE under the prior version of this policy will not be subject to the Expectation of Continued Employment Review, although they will be subject to all other provisions of this policy, including an annual review.
If the ECE Review is not positive, or the supervisor or vice president does not recommend that the ECE be awarded, notice of non-reappointment, or the intention not to recommend reappointment, must be given in writing in accordance with the Standards for Notice described below.
A non-tenure-track faculty member who is eligible for the ECE, but who has not, despite requesting such review, received it in a timely fashion, will be reappointed for a term commensurate with the previous term without the ECE. If the substantive review does not occur before the end of this new term, or if it does occur and the results are positive and the supervisor and vice president approve, the non-tenure-track faculty member will be awarded the ECE. If the substantive review occurs before the end of this new term and the results are negative, or the supervisor or vice president do not award the ECE, the faculty member will receive notice of non-reappointment in accordance with the Standards for Notice described below.
VI. C. Provision for Appeal on Procedural Grounds
VI. D. Review Waiver
VII. A. Reappointment
VIII. A. Reassignment
The University’s responsibility under reassignment shall be to make available a substitute position or duties reasonably commensurate with the faculty member’s education, experience, and performance, and with the needs of the University. Administrative reassignment normally has no effect on compensation, academic rank, or the current term of employment.
VIII. B. Termination
VIII. B. 1. Just Cause
A supervisor may act to terminate a non-tenure-track faculty member for cause only with the prior concurrence of the vice president to whom the faculty member ultimately reports. Termination for cause must be preceded, where feasible, by written notice of the specific cause or causes for termination, the effective date of the termination, a written explanation of the cause for termination, and a reasonable opportunity, with the assistance of counsel if desired, for the non-tenure-track faculty member to respond.
A member of the non-tenure-track faculty may be immediately suspended and required to vacate the premises of the University if, in the discretion of the vice president to whom the faculty member ultimately reports, such action is necessary to prevent injury, damage, or disruption. In the event the vice president is unavailable and a perceived threat is imminent, action should be taken by the supervisor and the vice president notified of that action immediately. The required notice, explanation, and opportunity to respond must be given however, as soon as possible following the suspension.
VIII. B. 2. Financial Stringency
VIII. B. 3. Appointments Subject to Availability of Funding
VIII. B. 4. Abolition of Position
VIII. B. 5. Right of Appeal
VIII. C. Resignation
IX. CONTRACTS THAT SUPERSEDE THIS POLICY
|Procedures:||Sample Conditional Offer Letter|
Benefits applicable to non-tenure-track faculty and information regarding leave of absence, including annual leave, may be found at http://www.virginia.edu/uvapolicies/personnel/EmploymentPolicies.html.
Grievance procedures may be found at:
First statement about “members of the general faculty and academic tenure” was issued in 1975 by President Frank L. Hereford. “Policy on the General Faculty” first issued in 1987 by vice president and provost, Paul R. Gross, under direction of President Robert M. O’Neil.
|Major Category:||Human Resource Management|
|Category Cross Reference:|
|Next Scheduled Review:||02/24/12|
|Approved By, Date:||Policy Review Committee, 02/24/06|
|Revision History:||'Policy on General Faculty' revised in 1997 by vice president and provost, Peter Low, to stipulate standards for notice of non-renewal. Current version replaces 'Policy on General Faculty.'|
|Supersedes (previous policy):||Policy on General Faculty|