Faculty Handbook
SECTION 2
FACULTY EMPLOYMENT CONDITIONS
2.01 Recruitment and Hiring of New Faculty
Faculty recruitment and hiring are coordinated by the Office of the Provost in concert with Deans and Department Chairs. Employment decisions are based on the needs of the University. Such decisions are determined by qualifications and suitability, without regard to race, color, religion, sex, age, disability, national origin or veteran status, and in keeping with applicable state and federal laws. Detailed employment policies and procedures are available from the Office of Personnel Services. (Refer to Policy 04:001.)
2.02 Classification of Faculty
The University of Montevallo faculty is composed of tenured, probationary (tenure-track), and adjunct (non-tenure track) members, who may be either full or part-time. Adjunct faculty are not eligible for tenure. For the purposes of this Handbook, librarians holding faculty rank are considered as an academic department, and the library director shall fulfill the corresponding roles and duties ascribed to Department Chairs and/or Deans. The title of Practicum or Clinical Instructor, Practicum or Clinical Assistant, Practicum or Clinical Associate, or Practicum or Clinical Professor may be given to field-based professionals who meet the minimum requirements for appointment to the rank and have special instructional or supervisory relationships with student interns in the field.
Full-time and part-time faculty who teach graduate courses must be approved for Graduate Faculty, Associate Graduate Faculty, or Adjunct Graduate Faculty status. This action is initiated in the academic department and subsequent approval is required of the College Curriculum and Educational Policies Committee and Graduate Council.
Tenured faculty members are considered continuing employees. Annual appointments are certified each year because appropriations by the State Legislature are required to make continuing employment a reality. A faculty member who does not wish to return to the University for the next academic year should notify the Department Chair and/or Dean at the earliest date.
Employment with the University of Montevallo shall be the primary obligation for regular, full-time faculty members. Appropriate outside employment is allowed, however, if it does not interfere with University responsibilities. (Refer to Policy 04:001.)
2.06 Employment of Relatives (Nepotism)
(Refer to Policy 04:001.)
2.07 Academic Freedom and Responsibility
The concept of academic freedom provides for the right of a faculty member and the University to pursue truth through study and investigation and to present evidence on matters which have been competently investigated. It imposes concomitant responsibilities of professional competence and integrity. It does not provide license for inappropriate speech and action, nor does it delegate general institutional representation.
Academic freedom assures faculty freedom in research and in the publication of the results, subject to adequate performance of their other academic duties; but research for pecuniary return should be based on an understanding with University authorities. Academic freedom also assures classroom freedom to faculty in discussing their subject, but faculty should be careful and judicious in the use of controversial material in the classroom. They should not introduce into their teaching controversial material that has no relation to their subject.
The concept of academic freedom is accompanied by the related concept of academic responsibility. The fundamental responsibilities of faculty members as teachers and scholars includes the maintenance of competence in their fields of specialization and the exhibition of such competence in lectures, discussions, and publications/creative works.
Faculty are citizens, members of a learned profession, and employees of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline; but, their special position imposes special obligations. As scholars and educators, they should remember that the public may judge their profession and their institution by their utterances. Hence, they should be accurate, exercise appropriate restraint, show respect for the opinions of others, and avoid creating the impression that they speak or act for their department, college, or University when they speak or act as private persons.
Faculty members also have the responsibility to maintain proper and complete records, accounts, enrollments, grades, and related academic documentation in accord with the State's and the University's record retention requirements. (Refer to Policy 01:050.)
All instructors, assistant professors, associate professors, and professors will serve a pre–tenure probationary period unless they are given an adjunct and/or part–time appointment, in which case they are not eligible for tenure. The probationary period will be six years, with the tenure review and decision occurring no later than the sixth probationary year. No later than the end of the sixth probationary year, the probationary faculty member will be either granted tenure or issued a terminal contract for the next academic year. No more than three years of prior service at another institution may be considered as a part of this requirement. Credit for prior service must be written into the initial appointment and must be approved by the department Chair, Dean, Provost, and President.
At least once a year, the Department Chair, Dean, or a department committee should have an informal meeting with the probationary faculty member for the purpose of reviewing performance and, if necessary, making suggestions for improvement. During the faculty member's first year, this meeting should take place at the end of the first semester as well as at the end of the academic year. Determination of whether faculty members will be renewed during their probationary period will be based on recommendations by the Department Chair (or Dean in the colleges without departments), the Dean, and the Provost.
2.09 Tenure Criteria and Procedures
Tenure is a means to certain ends; specifically, 1) freedom of teaching and research and of extramural activities and 2) a sufficient degree of economic security to make the profession attractive to men and women of ability. Freedom and economic security, hence, tenure, are important to the success of an institution in fulfilling its obligations to its students and to society. (American Association of University Professors, Policy Documents and Reports Washington, D.C.: American Association of University Professors, 1977, p.2)
The following general criteria apply in determining recommendations concerning tenure: demonstrated excellence in teaching or as a librarian and in the performance of professional responsibilities; demonstrated excellence in research or other creative activities beyond that merely required for the adequate preparation of classes or the performance of other professional duties; active participation in professional organizations; contributions to University activities such as committee work and other University service; and collegiality and compatibility with the University's mission.
Applicants for tenure shall follow the "Tenure and Promotion Information and Procedures" provided in Appendix B. Recommendations of whether probationary faculty members will be tenured originate with the tenured members of their department/college. This group, serving as a department tenure committee (or college committee in colleges without departments), will review the application along with any supporting documentation provided by the candidate. The chair of the department or college tenure committee will make a recommendation to the Department Chair or to the Dean in colleges without departments. The Department Chair will forward to the Dean the recommendation of the department tenure committee along with her/his own recommendation. The Dean will forward her or his recommendation along with those of the Department Chair and the department/college tenure committee faculty to the Provost. The Provost shall forward her or his recommendation along with those of the Dean, Department Chair, and department/college tenure committee to the President. Wherever recommendations are not unanimous, differences will be noted and attempts should be made to resolve them. Should there not be unanimity, majority and minority opinions should be forwarded to the next level. The decision to award tenure shall in every case be made by the Board of Trustees upon recommendation by the President.
All members of the faculty are entitled to protection against illegal or unconstitutional discrimination by the institution or discrimination on a basis not demonstrably related to a faculty member's professional performance including race, color, religion, sex, age, disability, national origin, or veteran status and in keeping with applicable state and federal laws and Equal Opportunity/Affirmative Action guidelines.
The Board of Trustees and the University reserve complete discretion as to whether and when any faculty member is awarded tenure. No provision in this Handbook or any other document shall be construed or applied so as to limit the University's discretion with respect to decisions on tenure. In no event shall a candidate for tenure be deemed to have a contractual, vested, or legally enforceable right to attainment of tenure on the basis of mere passage of time, alleged attainment of tenure criteria, or by default based upon actual or alleged substantive or procedural deviation from the substantive or procedural norms described in this Handbook.
2.10 Criteria for Academic Rank and Procedures for Promotion
2.10.1 Criteria. The following are criteria for initial appointment and promotion in faculty rank. For promotion decisions, only accomplishments since the last promotion shall be considered. All of the minimum years specified for promotion are true minimums to be observed for only the most outstanding faculty members. Library faculty shall hold the appropriate terminal degree defined in the American Library Association's Faculty Status for Academic Librarians. Promotion prior to tenure in no way implies or guarantees the subsequent awarding of tenure.
Professor: To be eligible for this rank, a faculty member must demonstrate: (1) outstanding performance in teaching or in professional duties as a librarian; (2) strong performance in research and/or creative endeavors; and (3) strong professional contributions and service. Candidates must possess a doctorate or the highest degree otherwise obtainable in their fields or possess, in lieu of the degree, a distinguished record of scholarly, artistic, or creative productivity. Candidates must have a minimum of five years' experience at the associate professor level, which may include two years of service in that rank at another institution if such service is recognized in writing at the time of initial appointment.
Associate Professor: To be eligible for this rank, a faculty member must demonstrate: (1) strong performance in teaching or in professional duties as a librarian; and strong potential for further development as a scholar and teacher or as a librarian; (2) strong record of performance in research and/or creative endeavors; (3) strong professional contributions and service. Candidates must possess a doctorate or the highest degree obtainable in their fields or possess, in lieu of the degree, a distinguished record of scholarly, artistic, or creative productivity. Candidates must have a minimum of five years' experience at the assistant professor level, including two years of service in that rank at another institution if such service is recognized in writing at the time of initial appointment.
Assistant Professor: To be eligible for this rank, a faculty member must demonstrate strong potential for further development as a scholar and teacher or as a librarian. Candidates must possess a doctorate or the highest degree obtainable in their fields or possess, in lieu of the degree, a distinguished record of scholarly, artistic, or creative productivity.
Instructor: To be eligible for this rank, a faculty member must possess at least the master's degree in the discipline.
2.10.2 Application Procedures for Promotion. Applicants for promotion shall follow the "Tenure and Promotion Information and Procedures" provided in Appendix B. Recommendations for promotion in rank originate at the department level. Serving as a department promotion committee, the department's tenured faculty members of rank higher than that of the faculty member under consideration for promotion shall review the candidate's application, and the chair of this committee shall make a recommendation to the Department Chair or to the Dean in colleges without departments. The Department Chair will forward to the Dean the recommendations of the department promotion committee along with his or her own recommendations. The Dean will forward his or her recommendation along with those of the Department Chair and department promotion committee to the Provost. The Provost shall forward his or her recommendation along with those of the Dean, Department Chair, and department promotion committee to the President. Wherever recommendations are not unanimous, differences will be noted and attempts should be made to resolve them. Should there not be unanimity, minority and majority opinions should be forwarded to the next level. The promotion of faculty shall in every case be made by the Board of Trustees upon recommendation by the President.
2.11 Termination of Faculty Employment/Settlement of Financial Obligations
Papers and/or records, including video and/or audio recordings, in particular those related to student academic performance or assessment as well as those of an advisory or evaluative nature, remain the property of the University and should not be destroyed or removed form the appropriate offices. All Faculty leaving the employment of the University must ensure that before leaving all debts are paid, all books and equipment on loan are returned, and that keys and charge cards are turned in. Failure to do so may result in final pay being withheld. (Refer to Policy 04:310.)
2.11.1 Termination of a Probationary Faculty Member. Continued employment of probationary faculty members will be determined by the President and Provost with consideration of recommendations from the appropriate departmental faculty, department chairs and deans. If a probationary faculty member is not to be renewed, the President or designee will inform her or him in writing. First–year faculty members will be so informed by March 1. Second-year faculty members will be so informed by December 1. Those with two or more years of service will be so informed by May 1 with their employment continuing through the next academic year. No reasons for non-renewal of probationary faculty need be given. Reappointment of probationary faculty to a succeeding academic year or the award of tenure shall be accomplished only by notice by the President or designee. No de facto tenure will be awarded to a faculty member. Should it occur that no notice is received by the maximum time prescribed, it is the duty of the probationary faculty member concerned to make inquiry to determine the decision of the President, who shall without delay give the required notice to the probationary faculty. Failure of the University to comply with the maximum probationary period policy shall not entitle a faculty member to tenure.
2.11.2 Termination of a Tenured Faculty Member. Termination of a tenured faculty member may be instituted by the University only for valid cause. Valid cause includes, but is not limited to, the following:
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academic and/or professional incompetence;
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bona fide financial exigency;
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discontinuance or substantial modification, by the Board of Trustees, of an academic program, unit, or department resulting in diminished personnel requirements;
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physical or mental incapacity to perform duties;
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insubordination, defined as refusal to perform teaching responsibilities and/or other assigned duties;
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moral turpitude or serious professional or personal misconduct, examples of which are:
commission of a misdemeanor or felony involving moral turpitude;
willful destruction of University property or violent disruption of the operation of the campus;
accepting or soliciting gifts that might influence or tend to influence the discharge of one's professional responsibilities;
plagiarism;
misuse or misappropriation of University property or funds;
sexual or racial harassment;
illegal use or distribution of drugs, narcotics, or controlled substances. A faculty member found guilty of illegal possession, use, sale, or distribution of drugs, narcotics, or controlled substances, whether on or off campus, shall be subject to termination or other discipline as determined by the President. If, in the judgment of the President or the Board of Trustees, the best interests of the University or students so dictate, the faculty member may be immediately removed from contact with students and other employees, pending resolution of disciplinary proceedings; and
intentionally or knowingly violating any University policy, order, rule, or regulation. Faculty are presumed to have knowledge if such orders, rules, or regulations are published in this Handbook or published as University policy.
2.11.3 Dismissal of Faculty Members Before or at the End of an Appointment Period. Faculty members may not be dismissed before or at the end of their appointments except for cause. In such cases, the President or designee will inform the faculty member of the charges and the action to be taken. Additionally, the President may, for good cause, suspend or dismiss a faculty member when the continuing presence of the faculty member poses a danger to persons or property or an ongoing threat of disrupting the academic process. In the event of a financial exigency declared by the Board of Trustees or in the event of dismissal for cause, the notification dates described in Section 2.11.1 may be adjusted or waived.
2.12 Grievance Policy and Procedures
The composition of the Faculty Grievance Committee is described earlier under "University Committees" in this Handbook. Detailed information about the University's grievance policy and procedures may be found under "Policies" on the University web site or in the University Policy Manual, available in departmental offices. (Refer to Policy 04:300.)
Faculty members are required to teach a specified number of semester hours, in addition to fulfilling other responsibilities such as research, scholarly activities, and service. Normally, full–time University faculty are assigned to teach from 12 to 15 hours per semester.
Teaching in the University's summer session is not part of a faculty member's normal teaching load. Employment during the summer months is not guaranteed by the University.
2.15 Access to Personnel Files
Personnel files are the property of the University, and access to information they contain is restricted. Generally, only administrative officials and representatives of the University who have a legitimate, verifiable reason may review information in a file. (Refer to Policy 04:020.)
The University may provide time off to eligible University faculty to continue their education, to participate in research, grants or fellowships, or due to illness or injury of an employee and/or other personal reasons. (Refer to Policy 04:105.) Other aspects of the University's leave policies, including Family Medical Leave Act Policies, are governed by Policy 04:100 and Policy 04:130.
2.17 Re-employment of Retired Faculty
(Refer to Policy 04:001.)
All new employees, regardless of employment status, are required by Federal law to complete a Form I-9 before or immediately following employment. This form attests to the individual's eligibility for employment in the United States and is maintained in Personnel Services.
Service date is used in the calculation of benefits. This is the date of initial employment at UM, unless there has been a break in service by termination of employment. When a break occurs, the service date becomes the most recent date of employment. For those who change from part-time to full-time and/or regular to temporary status or vice versa, the following applies:
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Those faculty members who have a regular part-time appointment will retain their service date when going to regular full-time.
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Those faculty members who are regular full-time and go to regular part-time will retain their service date.
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Those faculty members going from temporary to regular status or vice versa will receive a new service date.