Chapter 2 - Faculty and Academics
Publication Date: July 29, 2009
Responsible Executive: VP for Academic Affairs
2.13 Termination and Nonreappointment of a Faculty Member
- Standards of Conduct
Faculty must abide by the standards of conduct as specified in the Board of Regents’ Rules and Regulations (Regents’ Rules) 30103, the policy in The University of Texas at San Antonio (UTSA) Handbook of Operating Procedures (HOP), policy 2.23, Professional Expectations for Faculty, and all other related policies.
- Termination of a Tenured Faculty Member
- Termination of the employment of a UTSA faculty member who has been granted tenure and of all other faculty members who hold an academic title as specified in HOP policy 2.02.A (“Tenure and Tenure Track Academic Titles”) before the expiration of the stated period of appointment, except as is otherwise provided in Regents’ Rule 31007, Number 2, Section 5: “Tenure, Probationary Service” and the Texas Education Code Section 51.943: “Renewal of Faculty Employment Contracts,” or by resignation or retirement, will be only for good cause shown. In each case the issue of good cause will be determined by the procedures provided in Regents’ Rule 31008: “Termination of the Faculty Member”.
- A tenured faculty member who is recommended for termination on the basis of periodic evaluation (Regents’ Rule 31008 (“Termination of a Faculty Member”), Number 2, Section 2 must be given the opportunity for referral of the matter to non-binding alternative dispute resolution, as required by Texas Education Code Section 51.942 and in compliance with applicable policies and procedures for alternative dispute resolution within UT System prior to referral of the charges to a hearing tribunal.
- If charges are made against a faculty member and the President of UTSA determines that the nature of the charges and the evidence are such that it is in the best interest of the institution to do so, the accused faculty member may be suspended with pay pending the completion of the hearing and the final decision by the Board of Regents.
- Notice of Nonrenewal to Nontenured Faculty Members
- In the event of decision not to reappoint a nontenured faculty member in an academic rank specified in HOP 2.02.A, “Tenure and Tenure Track Academic Titles,” written notice will be given to him or her not later than March 1 of the first academic year of probationary service if the appointment expires at the end of that academic year, or not later than December 15 of the second academic year of probationary service if the appointment expires at the end of that academic year. After two or more academic years, written notice shall be given not later than 30 days prior to the end of the then current academic year that the subsequent year will be the terminal academic year of appointment and a Memorandum of Appointment shall be provided to such faculty member in accordance with Texas Education Code Section 51.943. The notice required by this Subsection is not applicable where termination of employment is for good cause under Rule 31008, Number 2, Section 1 of the Regents’ Rules.
- Faculty members must provide their current mailing address to the President of UTSA or his or her delegate. The written notice required by this policy shall be sent by certified mail, return receipt requested, to the last address given by the faculty member.
- No person shall be deemed to have been reappointed or to have been awarded tenure because written notice is not received by the time prescribed as per Regents’ Rules, this policy, and HOP policy 2.10, Faculty Reappointment, Tenure, and Promotion. Upon expiration of an appointment period, reappointment of nontenured members of the faculty may be accomplished only by approval of the President. No nontenured member of the faculty shall expect continued employment beyond the period of his or her current appointment. Should it occur that notice is not received by the time prescribed in these policies, it is the duty of the faculty member to inquire about the decision of the President, who shall without delay give the required notice to the faculty member.
- Fulltime faculty members who are notified in accordance with these provisions that they will not be reappointed shall not be entitled to a statement of the reasons upon which the decision for such action is based. Such a decision shall only be subject to review pursuant to the procedures provided in Regents’ Rule 31008 (“Termination of the Faculty Member”), Number 2, Section 6.