4.52 Non-reappointment of Non-tenured Faculty Members

If faculty members on probationary or other non-tenured appointments allege a decision not to reappoint was based significantly on considerations violative of academic freedom, or considerations violative of governing policies on making appointments without prejudice with respect to race, creed, color, sex, national origin, religion, marital status, age, disability, sexual orientation, or veteran status, the allegation will be given preliminary consideration by the AFTPE Committee, which will seek to settle the matter by informal methods.

The allegations will be submitted to the AFTPE Committee in writing and will include a statement that the individual agrees that the AFTPE Committee may examine all records and files of the University relevant to the decision not to reappoint and may consider such reasons and evidence as the University may produce in support of its decision.

If the matter is unresolved after informal negotiation, the AFTPE Committee may recommend that a hearing panel be formed, provided that by a vote of a simple majority of its members, it concludes that in the evidence before it there remains significant factual questions to be resolved. If the AFTPE Committee concludes that reasonable persons would not disagree and would come to a finding, it will report its findings and recommendations to the petitioner and to the appropriate administrative representative and faculty body.

Prior to forming a hearing panel, the AFTPE Committee will hold prehearing conferences with the individuals (and an advisor if desired) and representatives of those responsible for the nonrenewal decision to simplify the issues, effect stipulations of procedures and facts, provide for the exchange of documents or other information, establish a timetable for the hearings and subsequent proceedings, and achieve other appropriate prehearing objectives to make a hearing effective and expeditious.

Since in the case of nonrenewal, faculty members’ salaries are governed by Section 2.39, delays are to their disadvantage. The AFTPE Committee will make every effort to deal expeditiously with the informal and prehearing phases of these matters and will make prompt determination of the necessity for a hearing. If a hearing is necessary, it will be organized promptly and conducted as expeditiously as the academic calendar permits. Undue delay by either party will be taken into account by the committee or panel in making its recommendations, which might in some cases include recommendation of financial compensation or of censure by the University Senate for unethical conduct.

Where faculty members charge before the AFTPE Committee that a decision not to reappoint them was seriously flawed by inadequate or improper consideration, they will state their case in detail and in writing. The AFTPE Committee will have the right to decide whether the facts merit a detailed investigation. It may assign one or more of its members to seek a settlement satisfactory to both parties. If in the opinion of the AFTPE Committee such settlement is not possible or appropriate, it will report its findings and recommendations to the petitioner and to the appropriate administrator or faculty body.

Where both inadequate or improper consideration, and (1) a violation of academic freedom, or (2) prejudice have been charged, and if the AFTPE Committee recommends a hearing on the charge of violation of academic freedom or prejudice, it will be the right of the AFTPE Committee to decide whether to submit both issues to the hearing panel or resolve the procedural matter of inadequate or improper consideration itself.

Should the AFTPE Committee not submit the procedural matter to the hearing panel, it will set up a timetable for handling this matter, but will not make its report and recommendations until the panel has completed its deliberations and submitted its report.

It will be the right of all faculty members, when informed by the University of a denial of tenure or termination or nonrenewal of a position, to be advised in writing by the University of their right to challenge such decisions on relevant grounds before the AFTPE Committee.