ARTICLE XII

XII.  FACULTY REAPPOINTMENTS AND PROMOTIONS

A.  PROCEDURES

1.

  1. During the fall semester of an academic year, each department or the Departmental Evaluation Committee or in the case of the Library, the Director of Libraries in consultation with tenured full-time members of the professional library staff shall evaluate all non-tenured faculty members in the department (Library) whose term of appointment or reappointment expires that academic (calendar) year for the purpose of recommending reappointment or non-reappointment. Non-tenured faculty members (Library) in their second or fifth year of teaching at the College shall be evaluated between September 15 and September 30. Non-tenured faculty members (Library) in their third or fourth year of teaching at the College shall be evaluated between November 1 and November 30. Non-tenured faculty members (Library) in their first year of teaching at the College shall be evaluated between December 15 and December 24. Faculty members appointed in mid semester shall first be evaluated during their first full academic year of teaching at the College. Faculty members who are given a year or more credit toward tenure when they are hired shall be evaluated in their first year of teaching as if they were first year faculty members.

  2. Between September 1 and September 20, faculty members desiring consideration for promotion, providing they meet the length of service requirements in Article XIII, shall submit a letter to the Academic Vice President requesting consideration for promotion. All, and only, faculty members who submit such letters shall be considered for promotion.

  3. Between October 1 and the end of the first semester of each academic year, each department or the departmental evaluation committee or in the case of the Library, the Director of Libraries in consultation with tenured full-time members of the professional library staff, shall evaluate all faculty members in the department (Library) who are eligible for promotion within the meaning of Article XIII (Professional Evaluation) of this Agreement, and who have requested consideration for promotion, in order of academic rank, beginning with instructors (librarians-I), for the purpose of recommending promotion or no promotion. No later than October 1 of each academic year, the Academic Vice President shall inform each Department Chairperson, and in the case of the Library, the Director of Libraries, and the Chairperson of the Peer Evaluation committee in writing of the names of those faculty members whose length of service in rank makes them eligible for promotion and who have requested consideration for promotion. It shall be the responsibility of every member to make certain that the Academic Vice President has correct information for purposes of the preceding sentence.

  4. Except as otherwise provided in this Article or elsewhere in this Agreement, uniform rules and regulations for the conduct of department evaluations shall be established jointly by the Academic Vice President and the Faculty Executive Committee. The evaluation shall be based solely on the written material of evaluation identified in Article XIII (Professional Evaluation), Part B, of this Agreement. Voting shall be by written anonymous ballot and each member of the Department Evaluation Committee shall explain on the ballot the reasons for his or her vote solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B of this Agreement. The decision of the Departmental Evaluation Committee shall be by majority vote. Only members of the Departmental Evaluation Committee may participate in this evaluation of a faculty member.

2.

  1. No later than ten (10) days prior to the date of the departmental evaluation (Director of Libraries evaluation) a faculty member to be evaluated shall be informed of that date in writing by the departmental chairperson or, in the case of the Library, the Director of Libraries.

  2. Within five (5) days after the date of the departmental evaluations (Director of Libraries evaluation) the faculty member shall be informed in writing by the Department Chairperson or, in the case of the Library, the Director of Libraries, of the recommendation of the department (Library). The Department Chairperson (the Director of Libraries) shall inform the faculty member in writing of the reasons, whether positive or negative, for recommendation solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement. Within ten (10) days of the date that the faculty member receives the written statement of reasons, s/he may submit a rebuttal to the Chairperson of the Peer Evaluation Committee. This rebuttal shall be a written statement of reasons solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement.

3. 

At the request of the Chairperson of the Peer Evaluation Committee but no later than fifteen (15) days after the date of the evaluation, the Department Chairperson (Director of Libraries) shall send the evaluation material referred to in Article XIII (Professional Evaluation), Part C, of this Agreement to the Peer Evaluation Committee.

4.

  1. The Peer Evaluation Committee shall review all recommendations concerning reappointment with respect to faculty members in their third or fourth year of teaching at the College between November 15 and December 31 of each academic year, with respect to faculty members in their second or fifth year of teaching at the College between October 1 and October 15 of each academic year and with respect to faculty members in their first year of teaching at the College between January 6 and 20 of each academic year.

  2. The Peer Evaluation Committee shall review the recommendations of each department (Director of Libraries) concerning promotions in order of academic rank, beginning with instructors (librarians-I), by March 15 of each academic year.

  3. Except as otherwise provided in this Article and elsewhere in this Agreement, the committee shall establish its own rules and regulations for the conduct of its review. Where the Committee decides to hear oral testimony in a particular case, the faculty member concerned must be given notice and an opportunity to be present during all testimony and to rebut the testimony. Voting shall be by anonymous written ballot and each member of the Committee shall explain the reasons on the ballot for his or her vote solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement. The decision of the Committee shall be by majority vote. Only members of the Committee may participate in the deliberations of the Committee.

5. 

  1. No later than ten (10) days prior to the earliest possible date of the Peer Evaluation Committee’s evaluation, a faculty member to be evaluated shall be informed of that date in writing by the Chairperson of the Peer Evaluation Committee.

  2. Within five (5) days of the date of the Peer Evaluation Committee’s evaluation of the faculty member concerning reappointment or promotion, the faculty member shall be informed in writing by the Chairperson of the Committee of the recommendation of the Committee. The Chairperson of the Committee shall inform the faculty member in writing of the reasons, whether positive or negative, for the Committee’s recommendations solely in terms of the criteria stated in Article XIII (Professional Evaluation), Part B, of this Agreement.

6. 

  1. Within seven (7) days of receipt of the Peer Evaluation Committee’s recommendation and statement of reasons, a faculty member not recommended by the Committee may appeal the decision of the Committee to the Faculty Appeals Committee. The faculty member must submit a statement and/or other evidence in support of the appeal to the Faculty Appeals Committee. A copy of all documents submitted to the Faculty Appeals Committee shall be sent to the Chairperson of the Peer Evaluation Committee. The only grounds for appeal shall be:

    1. the allegation that one or more of the requirements of Part A, Sections 1-5 of this Article have been violated; and/or

    2. the allegation that the recommendation of the department, if negative, and/or the recommendation of the Peer Evaluation Committee, if negative, was not based exclusively upon the relevant criteria stated in Article XIII (Professional Evaluation) of this Agreement.

  2. Within seven (7) days of receipt of an appeal by a faculty member in his first, second, or fifth year of teaching who is not recommended for reappointment or by a faculty member not recommended for promotion, the Faculty Appeals Committee shall inform the faculty member and the Chairperson of the Peer Evaluation Committee in writing as to whether or not it will hear the appeal. Within thirty (30) days of receipt of the appeal of a faculty member who is in his or her third or fourth year of teaching who is not recommended for reappointment, the Faculty Appeals Committee shall inform the faculty member and the Chairperson of the Peer Evaluation Committee in writing as to whether or not it will hear the appeal. In making this decision, the Faculty Appeals Committee shall first determine if there are grounds for appeal within the meaning of Part A, Section 6.a. of this Article. If the Committee determines that grounds for an appeal within the meaning of Part A, Section 6.a.(1) of this Article exist, the Committee shall then decide whether or not the violations so prejudiced the faculty member’s case as to warrant review by the Committee. If the Committee determines that grounds for appeal within the meaning of Part A, Section 6.a.(2), of this Article exist, the committee shall review the case.

  3. Immediately upon receipt of a decision by the Faculty Appeals Committee to review a case, the Chairperson of the Peer Evaluation Committee shall send the evaluation material referred to in Article XIII (Professional Evaluation), Part B, of this Agreement to the Faculty Appeals Committee unless this has already been done.

  4. Within ten (10) days of its decision to review a case, the Faculty Appeals Committee shall conduct the review and render its decision. The Committee shall inform the faculty member and the Chairperson of the Peer Evaluation Committee of its decision in writing and shall provide the faculty member and the Chairperson of the Peer Evaluation Committee with a statement or reasons in support of its decision. If the decision and/or statement of reasons in support of the decision of the Faculty Appeals Committee shall supersede the decision and/or statement of reasons in support of the decision of the Peer Evaluation Committee.

  5. Except as otherwise provided in this Article and in Article XIII (Professional Evaluation) of this Agreement, the Faculty Appeals Committee shall establish its own rules and regulations for the conduct of its business. Where the Committee decides to hear oral testimony in a particular case, the faculty member must be given notice and an opportunity to be present during all testimony and to rebut the testimony. Voting shall be by anonymous written ballot and each member of the Committee shall explain on the ballot the reasons for his or her vote solely in terms of the criteria stated in Article XIII (Professional Evaluation) of this Agreement. Decisions of the Committee shall be by majority vote. Only members of the Committee may participate in the deliberations of the Committee.

  6. Allegations of violations of Part A, Section 6, of this Article shall be submitted to the Faculty Executive Committee, who shall order a rehearing before the Faculty Appeals Committee if it determines the Faculty Appeals Committee has violated the provisions of Part A, Section 6 of this Article and determines that these violations so prejudiced the faculty member’s case as to warrant a rehearing.

7.

Allegations of violations of Part A, Sections 1-6 of this Article shall not be subject to the grievance and arbitration provisions of Article XXXIV of this Agreement. Except as provided in Part A, Section 6 of this Article, the faculty member shall have no right or remedy against the Board, its agents, servants or employees, or the Chapter for these alleged violations. The Chapter shall have no right or remedy against the Board, its agents, servants or employees for these alleged violations.

8. 

  1. On the dates specified in 8.b. of this Article, the Peer Evaluation Committee shall send its decision, if not appealed or if not overturned by the Faculty Appeals Committee, the statement of reasons in support of its decision given to the faculty member and all evaluation material considered by the Committee in cases concerning the reappointment of a faculty member to the President and to the Academic Vice President. If the appeal is heard by the Faculty Appeals Committee and the decision of the Peer Evaluation Committee is reversed, the Peer Evaluation Committee shall instead send decision of the Faculty Appeals Committee, the statement of reasons in support of its decision given to the faculty member and all evaluation material considered by the Faculty Appeals Committee to the President and to the Academic Vice President.

  2. The Peer Evaluation Committee shall send its decision concerning the reappointment of a faculty member in his or her second or fifth year of teaching or professional library work at the College to the President and the Academic Vice President on November 15 of each academic year; decision on faculty members in their first year of teaching or professional library work at the College shall be sent on February 20 of each academic year and decisions on faculty members in their third or fourth year of teaching or professional library work t the College on March 1 of each academic year.

  3. On April 15 of each academic year, th Peer Evaluation Committee shall send its decision, if not appealed or if not overturned by the Faculty Appeals Committee, the statement of reasons in support of its decision given to the faculty member, and all evaluation material considered by the Committee in cases concerning the promotion of a faculty member to the President and to the Academic Vice President. If the appeal is heard by the Faculty Appeals Committee and the decision of the Peer Evaluation Committee is reversed, the Peer Evaluation Committee shall instead send the decision given to the faculty member and all evaluation material considered by the Faculty Appeals Committee to the President and to the Academic Vice President.

9.  

  1. In the event the Board approves the final recommendation of the appropriate faculty committee in a case involving reappointment and/or promotion, the matter shall be closed and the faculty member shall have no further right or remedy against the Board, its agents, servants or employees, or the Chapter. The Chapter shall have no right or remedy against the Board, its agents, servants, or employees.

  2. A copy of the Board’s decision and the reason for this decision, if the decision is contrary to the recommendation of the appropriate faculty committee, shall be sent to the Peer Evaluation Committee and to the faculty member concerned.

B.  NOTICE OF NONREAPPOINTMENT

The Board shall inform a faculty member in writing of a decision not to offer him or her a reappointment in accordance with the following dates:

  1. A second or fifth year faculty member shall be notified by January 30.

  2. A first year faculty member shall be notified by April 1.

  3. A faculty member in his or her third or fourth year shall be notified by May 1 and shall be granted a terminal appointment by the Board for the succeeding academic (calendar) year.

  4. If a faculty member is not given timely notice within the meaning of B.1.2. or 3. of this Article, s/he shall be offered a terminal reappointment by the Board for the succeeding academic (calendar) year. In no event shall tenure be obtained other than as prescribed by law.

C.  NOTICE OF PROMOTION

A faculty member shall be informed in writing by the President by June 30 of the decision of the Board in his or her case.

D.  EXECUTION OF BOARD RIGHTS

The notice requirements of Parts B and C of this Article shall be deemed waived in the event that the notice provisions of Part A, Section 8 of this Article are not met because of the failure of the appropriate faculty committee to send a timely decision to the President. In the event the appropriate faculty committee does not send its decision to the President within ninety (90) days of the dates specified in part A, Section 8 of this Article, the Board shall act unilaterally on the reappointment and/or promotion and the Board’s decision shall be final and binding and the faculty member shall have no right or remedy against the Board, its servants or employees, or the Chapter. The chapter shall have no right against the Board, its agents, servants, or employees.

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