ARTICLE 25
Tenure,
Promotions
,
and Non-Renewal
Subd. 1. Tenure . The decision to award tenure shall be based on the principle of a demonstrated cumulative record of positive performance and professionally competent achievement consistent with the goals of the institution over the duration of the probationary period on the criteria outlined in Article 22. Annual evaluations that are minimally satisfactory and are used, in part, in the tenure decision, may result in the denial of tenure .
Subd. 2. Promotion
. The
decision to promote shall be based on a demonstrated cumulative requisite
record of professional performance and high achievement appropriate to the
relevant rank.
Section B. Tenure . The following procedures shall constitute the process of consideration for tenure.
Subd. 1. Progress reports completed in accordance with Article 22, Section D. along with all required forms and documents, and all information provided by the faculty member being considered for tenure shall be sent to the immediate supervisor by January 31. If a faculty member does not comply by that date, h/she shall lose protection provided in Subd. 11. below. Failure of any faculty member to provide any required materials shall not prevent the process from continuing if the review is during the final year of the probationary period.
Subd. 2. The faculty member ’s department (appropriate college at Metro State) and chair shall forward recommendations regarding tenure to the immediate supervisor .[See Art. 20, Sec. A, Subd. 4.] The faculty member is entitled to attach comments to the recommendations. Copies of the recommendations shall be sent to the faculty member by the chair (dean of the college at Metro State). Failure of the department (college at Metro State) and/or chair to make a recommendation to the immediate supervisor shall not prevent the process of review from continuing.
Subd. 3. The immediate supervisor
shall provide a written
assessment in accordance with Article 22, Section D, and subsequently shall
provide a written recommendation
regarding tenure to the supervising Vice
President
. The recommendation of the immediate
supervisor shall be sent to the faculty member
in accordance with Article 5, Section A. The faculty member
is entitled to attach comments to the
recommendation.
Subd. 4. After receiving the materials specified in Section B. Subd. 2. and 3. above, the supervising Vice President shall prepare a written recommendation regarding tenure. Notice of a negative recommendation shall be sent to the faculty member in accordance with Article 5, Section A. Upon request, the faculty member shall be given the opportunity to meet with the supervising Vice President to discuss the recommendation. The faculty member is entitled to attach comments to the recommendation. Such comments must be provided to the supervising Vice President by May 1.
Subd. 5. The supervising Vice President shall forward a written recommendation , along with any comments from the faculty member , to the President .
Subd. 6. Should a recommendation for denial of tenure be made by the department (college at Metro State), the chair, the immediate supervisor or the Vice President , the President shall invite the faculty member to meet to discuss the recommendations before a decision is made. The faculty member may choose to be accompanied by an Association Representative.
Subd. 7. The President , after considering the recommendations and the faculty member ’s comments, shall decide whether or not to grant tenure and shall notify the faculty member of the decision by June 15 in accordance with Article 5, Section A.
Subd. 8. The President ’s written notice of denial of tenure shall include reasons for denial.
Subd. 9. In cases of denial of tenure in the fifth (5th) year or during the final year of a shortened probationary period , the faculty member ’s appointment expires at the end of the subsequent academic year .
Subd. 10. A probationary faculty member who has been given notice of denial of tenure shall, upon request, be granted an interview with the President by January 15 of the terminal year in order to discuss his/her employment status. Any change in the decision shall be communicated to the faculty member in writing within fifteen (15) days.
Subd. 11. During the fifth (5th) year of a probationary period or during the last year of a shortened probationary period, faculty members who are denied tenure without evaluation in compliance with Article 22 during the academic year in which notice of denial is given shall have the decision rescinded and shall obtain an additional year of employment during which they shall re-apply for tenure. If tenure is subsequently awarded, it will be retroactive to the year following the year in which the tenure was denied due to the lack of evaluation in accordance with Article 22. The Administration may not intentionally avoid conducting an evaluation in order to extend the probationary period. In the event that a faculty member undergoes two successive tenure reviews wherein the Arbitrator reverses the decision on alleged violations of Subd. 3. through Subd. 9. above, the arbitrator is free to fashion the appropriate remedy, which may in certain cases be an award of tenure.
Subd. 12. If a faculty member voluntarily withdraws from the established tenure review process, the review shall conclude at that point. If this is in the last year of the probationary period, the faculty member ’s appointment will terminate at the end of the subsequent year.
Section C. Promotion . The criteria to be used in the promotion process shall include those described in Article 22, Section B. The following shall constitute the process for consideration for promotion.
Subd. 1. A faculty member
seeking promotion
shall give notice of intent to the immediate
supervisor
by
November 15. The faculty member
completes an application for promotion and
sends a copy, along with supporting documentation, to the department/unit
through the chair. The
recommendation
of the department/unit and of the chair [See
Article 20, Section A., Subd. 4.], with all
documentation, shall be sent to the immediate supervisor by January 31, with
copies sent to the faculty member by the chair.
Subd. 2. A copy of the immediate supervisor
’s proposed recommendation
shall be given to the faculty member
. After receipt of this recommendation
, the faculty member
shall
be given the opportunity to meet with the immediate supervisor. The faculty member may submit written
comments to the Vice President
regarding the immediate supervisor’s
recommendations.
Subd. 3. The supervising Vice President
’s recommendation
shall be sent to the President by May
1. A copy of the Vice President’s
recommendations shall be sent to the faculty member
. Upon
receipt of the Vice President’s recommendation
, the faculty member
may
request an interview with the President before the President decides on the
request for promotion. The President’s
decision shall be conveyed to the faculty member in writing by June 15.
Subd. 4. The President
’s decision to grant or to deny promotion
shall not be arbitrary or capricious. Processing of any subsequent applications for
promotion shall take into account the areas of deficiency upon which promotion
was denied.
Subd. 5. A faculty member
who is
not promoted
may, upon request, meet with the President
or
designee
to
discuss the President’s decision. The
faculty member
may
request, and shall be furnished, written indication of deficiencies and
guidance concerning appropriate action to overcome such deficiencies.
Subd. 6. Failure of the department/unit or chair
to make a recommendation
to the
immediate supervisor
by
January 31 shall not preclude the president from making a promotion decision.
Subd. 7. Length of service in rank
and at the university
may be a factor in consideration for
promotion. Normally, three (3) years in
rank, with two (2) evaluations conducted in accordance with Article 22, will be
a minimum prerequisite for consideration for promotion. (See Article 22). All full-time faculty whose appointments are effective after the beginning of the academic year
shall be considered as having begun service at
the beginning of that academic year. Faculty
members who do not receive a full evaluation
under Article 22 shall not be denied consideration for promotion.
Subd. 8. All promotions shall take effect on the first duty day
of the subsequent year as indicated in the
appointment
form.
Subd. 9. An instructor shall be promoted
to Assistant Professor
upon
being granted tenure.
Section D. Non-Renewal of Probationary Faculty . A recommendation for non-renewal of a probationary faculty member may be made by the appropriate department, immediate supervisor or Vice President .
Subd. 1. Should a recommendation
for
non-renewal be made
, the President
shall
invite the faculty member
to
meet with him/her to discuss the recommendation before his/her decision is
made. The faculty member
may be
accompanied by an IFO
representative.
Subd. 2. Notice
of non-renewal
of probationary faculty shall be as follows.
a. For first year faculty,
the notice of non-renewal shall be given no later than November 1
of the second academic year
of their appointment
. Following notice of non-renewal, the
faculty membe
r
shall have employment through the remainder of his/her second academic
year.
b. For all other faculty, the notice of non-renewal
shall be given no later than August 1.
Following notice of non-renewal, the faculty member