Evaluation of Tenure-Accruing Faculty Governed by the CBA In the absence of ruling – University Regulations State and Federal Regulations Draw particular attention to those portions of the CBA governing potential non-renewal of tenure track faculty.

Outline: Articles governing non-renewal (Article 13) The right to non-renew Reasons for non-renewal Procedures for non-renewal Articles governing faculty evaluations that would provide the basis for non-renewal (Article 18) Sources of evaluation Classroom observation Departmental ratings and standards Evaluation process Third year review

ARTICLE 13. Non-Renewal 13.1 Policy. Faculty appointment shall not create any right, interest, or expectancy in any other appointment beyond its specific terms, except as provided in this Agreement.

13.2 Non-renewal and Termination of Faculty Appointments (b) Tenure-accruing Faculty. The appointment of a tenure- accruing faculty member shall be renewed annually until the end of the tenure probationary period unless: (2) The faculty member receives an overall “unsatisfactory” evaluation on the annual performance evaluation.

13.3 Notice of Ending of Employment of Non-Tenured and Non-Permanent Status Faculty Members (a) Notice Only in the Employment Contract or Letter of Appointment. (1) One (1) semester for those in their first two (2) years of continuous University service. (2) Twelve (12) months for those with more than two (2) years of service.

13.3 Notice of Ending of Employment of Non-Tenured and Non-Permanent Status Faculty Members (c) Prior to the transmission of the notice of non-renewal, University shall confer informally with the faculty member concerning the non-renewal.

13.3 Notice of Ending of Employment of Non-Tenured and Non-Permanent Status Faculty Members (f) A faculty member who receives a Notice of Non-Renewal has 20 days to request in writing a statement of the basis for the decision not to renew the appointment. The University shall provide such written statement within 20 days following receipt of the request..

13.4 Grievability (a) A faculty member who receives written notice of non-renewal may ………….. contest the decision because of an alleged violation of a specific term or provision of the Agreement or because of an alleged violation of the faculty member’s constitutional rights.

ARTICLE 18. Faculty Member Performance Evaluations and Evaluation File 18.1 Performance evaluations are intended to communicate to a faculty member a qualitative assessment of performance of assigned duties by providing written feedback. Each faculty member’s performance shall be evaluated annually. Faculty shall be evaluated according to the approved standards and procedures, provided that those standards and procedures were in place prior to the beginning of the evaluation period.

18.2 Sources of Evaluation (a) Faculty Annual Report (b) The person responsible for completing the annual evaluation shall also consider appropriate information from the following sources: immediate supervisor, peers, students, faculty member/self, other university officials who have responsibility for supervision of the faculty member, and individuals to whom the faculty member may be responsible in the course of a service assignment. Any materials used in the evaluation process submitted by persons other than the faculty member shall be shown to the faculty member, who may attach a written response. (c) University Required Student Evaluations

18.3 Observation/Visitation The University may conduct classroom observation or visitation….. (a) The chair shall notify a faculty member at least 15 days in advance…… (b) If the chair has received a complaint or information that raises immediate concerns, the chair may observe or visit the class at any time without notice to the faculty member. (c) Written report of observation/visitation submitted to the faculty member within 2 weeks (d) A faculty member has the right to have a peer or colleague to observe/visit the faculty member’s teaching and to have an assessment included as part of the faculty member’s annual report……………...

18.4 Evaluation Rating Categories Each faculty member’s performance of assigned duties shall be evaluated according to rating categories defined by the chair and the faculty of the department. This definition shall identify for each assignment area some representative examples of the achievements or performance characteristics that would earn each performance evaluation rating, consistent with a faculty member’s assigned duties.

18.5 University Criteria for Annual Performance Evaluations The annual performance evaluations shall be based upon assigned duties and shall consider the nature of the assignments and quality of the performance in terms, where applicable, of: (a) Teaching effectiveness, ……. (b) Evidence of research/scholarship/creative activity, …… (c) Service within the university and public service ….

18.6 Department Clarifications of University Criteria for Annual Performance Evaluations The chair and the faculty in each department/unit shall develop and maintain written clarifications of the University criteria for annual performance evaluations, in terms tailored to the department’s discipline(s), faculty positions ….. and assigned duties. Such discipline-specific written clarifications shall be according to the provisions of Article 9, Bylaws Governing Terms and Conditions of Employment. (d) The discipline-specific clarifications must be consistent with the criteria and procedures described in Sections 18.2 through 18.5. (e) The procedures, criteria, and clarifications described in Sections 18.2 through 18.6 shall be the sole basis for the annual faculty performance evaluation.

18.7 Annual Evaluation Process. The annual evaluation assesses an employee’s performance of assigned duties….. (a) ….. conducted in the Spring semester, and shall include evaluation of assigned duties for the Fall and Spring semesters of the current academic year and the preceding Summer terms (e) The chair’s evaluation shall identify any major performance deficiencies and, if any such deficiency has been identified, shall provide the faculty member with written feedback designed to assist the faculty member in improving his/her performance. (f) No later than July 1 chair provides evaluations to faculty member with copy of the faculty member’s annual report attached. (1) Faculty member offered the opportunity to discuss evaluation with the evaluator prior to its being finalized. (2) Evaluation shall be signed and dated by the evaluator and faculty member , who may attach a concise comment to the evaluation.

19.7 Progress Towards Tenure (Third-year Review ) Purpose A special midterm review shall be conducted for faculty members during the third (3rd) year of the tenure probationary period. The purpose of this appraisal shall be to assess the faculty member's progress toward meeting the criteria for tenure and to provide assessments, suggestions, and guidance to assist the faculty member in fulfilling the University's tenure criteria.

19.7 Progress Towards Tenure (Third-year Review ) Departmental Procedures Faculty members of each department shall develop a procedure for conducting the review. This procedure must: Identify how the tenured faculty members of the department will be involved in the appraisal and how the faculty member will be provided feedback regarding the analysis of progress toward tenure; and Include an evaluation by the department chair and the dean of the faculty member's progress toward meeting the criteria for tenure.

19.7 Progress Towards Tenure (Third-year Review ) Contents The faculty member under review shall compile an appraisal dossier containing the same kind of information as would be in a tenure dossier but without letters of evaluation. The department chair shall provide to the faculty member the following materials for inclusion in the dossier: Annual Assigned Activity Tenure Criteria for the University and the department's written discipline- specific clarifications of those criteria Peer evaluations; and The faculty member's Annual Evaluations.

19.7 Progress Towards Tenure (Third-year Review ) Reviewers Tenured faculty members of the appropriate department shall review the appraisal dossier and meet with the department chair to assess whether the faculty member under review is making satisfactory progress toward tenure, according to the kinds of expectations and indications of success that are appropriate at this point in the tenure probationary period.

19.7 Progress Towards Tenure (Third-year Review ) Timing No later than the end of the semester, the results of the review shall be shared with the faculty member. These results shall include any recommendations about how the faculty member might improve his/her performance and tenure dossier and what assistance might be available in the department, college, and University to address candidate needs and improve performance. Upon request, the faculty member shall be provided the opportunity to meet with the chair and/or the dean to discuss the review.

19.7 Progress Towards Tenure (Third-year Review ) Fate of Review The appraisal process shall be confidential to the extent permitted by law and internal to the department and the college office. Consequently, the appraisal shall not be placed in the faculty member's evaluation file and shall not be included in the faculty member's subsequent tenure dossier.