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Handbook of Operating Procedures
Chapter 2 - Faculty and Academics
Publication Date: November 1, 2013
Responsible Executive: VP for Academic Affairs


2.36 Procedures for Review of a Nonreappointment of a Nontenured Tenure-Track Faculty Member


I. POLICY STATEMENT


The nonreappointment of a nontenured faculty member in an academic rank specified in the Handbook of Operating Procedures (HOP) policy 2.02, Faculty Appointments and Titles, will only be subject to review according to the procedures described in this policy and in Rule 31008 of the Rules and Regulations of the Board of Regents of the University of Texas System (UT System). 


II. RATIONALE


The procedures described in this policy provide the structure by which the nonreappointment of a nontenured, tenure-track faculty member can be reviewed. The policy operates in conjunction with and complements HOP policy 2.13, Termination and Nonreappointment of a Faculty Member.


III. SCOPE


This policy applies to all UTSA nontenured faculty in academic ranks specified in HOP policy 2.02, Faculty Appointments and Titles, who are not reappointed.


IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter2/2-36.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


UTSA or UT System Policies or the Board of Regents Rules & Regulations        

  1. UT System Board of Regents' Rule 31001, Faculty Appointments and Titles
  2. UT System Board of Regents' Rule 31008, Termination of a Faculty Member
  3. HOP policy 2.13, Termination and Nonreappointment of a Faculty Member
  4. HOP policy 2.02, Faculty Appointments and Titles    

VI. CONTACTS


If you have any questions about HOP policy 2.36, Procedures for Review of Nonreappointment of a Nontenured Tenure-Track Faculty Member, contact the following office:

Office of the Vice Provost for Academic and Faculty Support
210-458-2898

VII. DEFINITIONS


Tenure-Track Faculty:  A faculty position associated with a probationary appointment which can lead to tenure but which has not yet been granted tenure. Specific tenure-track titles are contained in HOP policy 2.02. Examples include Assistant Professor, Instructor, and Associate Professor hired without tenure.


VIII. RESPONSIBILITIES


  1. President
    1. Reviews written request for Hearing Tribunal. If appropriate, appoints members of the Hearing Tribunal in accordance with Regents’ Rule 31008(2), Section 4. Receives report from Hearing Tribunal and makes final determination.
  2. Provost and Vice President for Academic Affairs (Provost)
    1. Meets with faculty member to review nonrenewal decision.
  3. Chair of the Hearing Tribunal
    1. Convenes the Hearing Tribunal and ensures that all procedures are followed.

IX. PROCEDURES


The procedures for reviewing a nonreappointment of full-time, tenure-track faculty member are presented in A through I below. A preferred timeline related to actions regarding that review is presented in K.

  1. Full-time nontenured, tenure-track faculty members who are notified that they will not be reappointed may present a grievance to the provost. If the allegations for the nonrenewal decision pertain to the provost, the president will designate another individual to review the grievance. The provost or other individual designated by the president will meet with the faculty member and render a decision. Unless a review by a Hearing Tribunal is requested and granted according to (B) below and Regents’ Rule 31008(2) Section 6.2, the nonrenewal decision will not be subject to further review.
  2. A review by a Hearing Tribunal will be granted only in those cases where the affected faculty member submits a written request for review by a Hearing Tribunal to the president and describes in detail the facts relied upon to prove that the decision was made for reasons that are unlawful under the Constitution or laws of Texas or the United States. If the president determines that the alleged facts, if proven by credible evidence, may support a conclusion that the decision was made for unlawful reasons, such allegations shall be heard by a Hearing Tribunal. 
  3. The Faculty Senate will elect two tenured faculty members from each college to serve on the Standing Panel, without requirement for or prohibition against simultaneous membership in the Faculty Senate. Individuals holding administrative positions, including associate or assistant deans and department or division chairs, will not be eligible for selection by the Faculty Senate to serve on the Standing Panel. 
  4. The president appoints a Hearing Tribunal of at least three faculty members to review the grievance as described in Regents’ Rule 31008(2) Section 4. The Hearing Tribunal members are appointed from a Standing Panel of members of the faculty. At least 50% of the Standing Panel members will be selected by the procedure established by the Faculty Senate as outlined in VIII.C above. The president will appoint the remaining member/members of the panel. A minimum of one member of the Hearing Tribunal appointed by the president must be a member of a Standing Panel selected by the procedure approved by the Faculty Senate.
  5. The faculty member will be notified of the names of the faculty members selected for the Tribunal and of the date, time, and place for the Hearing. Such notification will be made at least ten (10) workdays prior to the Hearing. As stated in Regents’ Rule 31008, if the faculty member is not satisfied with the fairness or objectivity of any member or members of the Tribunal, the faculty member may challenge the alleged lack of fairness or objectivity, but any such challenge must be made in writing to the Hearing Tribunal at least three (3) work days prior to the date of the hearing. It will be up to each challenged member to determine whether he or she can serve with fairness and objectivity in the matter, and if any challenged member should voluntarily disqualify himself or herself, the President will appoint a substitute member of the Tribunal from the Standing Panel described above.
  6. Either principal or the representative of either principal each has the right to request the date for the Hearing be changed if they present a sufficiently compelling conflict that would prevent them from attending the originally scheduled date and time. The request for rescheduling must be in writing and submitted at least five (5) work days prior to the Hearing. The person requesting the rescheduling must copy the other principal on the request.  The Chair of the Tribunal will make a final decision on whether the reason for the request to reschedule is sufficiently compelling to warrant a change in the schedule. If a new date and time is selected for the Hearing, both principals will be notified of the new date at least ten (10) work days prior to the new date.
  7. The Hearing procedures will comport with Regents’ Rule 31008(2) Section 4, with the following exceptions as noted in Rule 31008(2) Section 6.2:  
    1. The burden of proof is upon the affected faculty member to establish by the greater weight of the credible evidence that the decision in question was made for reasons that are unlawful under the Constitution of or laws of Texas or the United States.
    2. The administration of the institution need not state the reasons for the questioned decision or offer evidence in support thereof unless the affected faculty member presents credible evidence that, if unchallenged, proves the decision was made for unlawful reasons.
    3. The Hearing Tribunal will make written findings and recommendations based on the evidence presented at the Hearing and will forward such findings and recommendations with the transcript and exhibits from the Hearing to the president.
    4. The president may approve, reject, or amend the recommendations of the Hearing Tribunal or may reach different conclusions based upon the record of the Hearing. The decision of the president is final.
  8. Procedural Guidelines for the Hearing
    1. The Chair of the Hearing Tribunal will convene the Hearing at the appointed time and determine rest periods, lunch period, and adjournment. The Hearing may be open or closed at the discretion of the Hearing Tribunal with the desires of the principals taken into consideration.
    2. The Chair of the Hearing Tribunal will read a statement outlining procedures to be followed in the Hearing. The Chair will entertain questions from the principals, their representatives, and witnesses concerning the procedures to be followed in the Hearing.
    3. Any witnesses who are not principals in the Hearing will be directed to leave the room until such witnesses are to present their testimony.
    4. The Chair will read the faculty member’s statement of charges as outlined in his/her written request for a Hearing received by the president.
    5. The faculty member or his or her representative may make an opening statement. The individual against whom the complaint has been filed or his or her representative may also make an opening statement.   
    6. The faculty member or his or her representative will then present his or her case first, introducing information to support the charges through testimony and/or exhibits. Any witnesses called by the faculty member also will be questioned by the individual against whom the complaint has been filed or his or her representative. When all questions from the principals have been completed, members of the Hearing Tribunal may ask questions of the witnesses. When there are no further questions to be asked of the witnesses by the principals or the Hearing Tribunal, witnesses will be excused, subject to being recalled.
    7. The individual against whom the complaint has been filed or his or her representative will then present his or her case, introducing information through testimony and/or exhibits. Any witnesses called will be questioned in the same manner as in Item 6 above.
    8. During the case presentations, the Chair will:
      1. Ensure that proper procedures are followed;
      2. Rule on any objections raised by the principals or their representatives concerning procedures;
      3. Identify all written documents presented by the principals or their representatives and retain them for further consideration by the Hearing Tribunal; and
      4. Ensure that all testimony and questions are germane to the specific complaint.
    9. At the conclusion of the case presentations, the faculty member or his or her representative will be allowed to make a concluding statement, not to exceed ten (10) minutes. The individual against whom the complaint has been filed or his or her representative may then make a concluding statement, not to exceed ten (10) minutes.
    10. The Chair will then close the Hearing for deliberation of the Hearing Tribunal, which will be conducted in private.
  9. The Hearing Tribunal will forward the written recommendations and findings with the transcript and exhibits from the Hearing to the president within fifteen (15) work days after the Hearing.
  10. The president may approve, reject, or amend the recommendations of the Hearing Tribunal or may reach different conclusions based upon the record of the Hearing. The decision of the President is final.
  11. The preferred timeline for the actions described above is reflected in the following chart. Variations to the specified timeline should be allowed only when extenuating circumstances are demonstrated:

Action

Timeline

Faculty member presents grievance to the provost.

Within 40 work days after receipt of notification of nonreappointment

Provost meets with faculty member.

Within 15 work days of receipt of grievance

Faculty member submits written request to the president for a review by a Hearing Tribunal.

Within 15 work days of receipt of Provost’s response

President appoints Hearing Tribunal.

Within 30 work days after receiving the written request for a hearing from the faculty member

Faculty member is notified of the names of faculty members on the Tribunal and of the date, time, and place for the Hearing.

Ten work days prior to the Hearing. Ten work days prior to a rescheduled Hearing.

Chair of the Hearing Tribunal convenes the Hearing.

As soon as possible after appointment of the Tribunal, but at least 10 work days after notifying the faculty member of the Hearing Tribunal members.

Hearing Tribunal forwards written recommendations and findings to the president.

Within 15 work days after the Hearing

President issues decision.

Within 14 work days after receiving the Tribunal’s recommendations

 


X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


None


XII. APPENDIX


None