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Statutes on Faculty Appointment, Promotion and Tenure

Chapter 304 - Appointment, Reappointment, Promotion and Tenure

 

Section 304.01

Appointment, reappointment, and promotion of the full-time Regular Faculty are made by, or under the duly-delegated authority of the President, and shall take effect at the commencement of the first semester of an academic year unless otherwise indicated.

Appointments shall terminate at the close of that academic year, unless a contract of reappointment has been sooner concluded, in which event the prior appointment continues, in recess, until the reappointment becomes effective.

These provisions apply irrespective of the schedule upon which compensation is payable. When any such appointment, reappointment, or promotion becomes effective in the course of the first semester of an academic year, it shall be deemed, for purposes of computing length of service, to operate retroactively to the commencement of that semester, and to constitute a full year's appointment; otherwise, such initial period of service shall be disregarded for such purposes.

Section 304.02

Tenure is a faculty status that fosters an environment of free inquiry without regard for the need to be considered for reappointment. Tenure is reserved for Regular Faculty who are recognized by the University as having the capacity to make unique, significant, and long-term future contributions to the educational mission of the University. Tenure is not a reward for services performed; it is a contract and property right granted in accordance with this Chapter. **

A full-time member of the Regular Faculty, except one appointed without the terminal degree in the pertinent academic discipline, not previously tenured shall be granted tenure with tender and acceptance of the eighth consecutive annual reappointment to the full-time Regular Faculty, following the member's original appointment. Tenure is effective upon commencement of services under such reappointment.

For those faculty who lack the terminal degree pertinent to their academic discipline at the commencement of their full-time Regular Faculty service, tenure is granted with tender and acceptance of the ninth consecutive annual reappointment to the full-time Regular Faculty, following the original appointment.

A person is considered to possess the terminal degree either when the degree has been formally conferred (i.e., the date on the diploma) or when, prior to formal conferral, the Provost at Marquette has been officially notified by the degree-granting institution that all the requirements for the degree have been fulfilled.

Section 304.03

A faculty member originally appointed at the rank of associate professor or professor, unless sooner tenured, shall be granted tenure with tender and acceptance of the fourth consecutive annual reappointment at such rank to the full-time Regular Faculty, following the original appointment. Tenure is effective upon commencement of services under such reappointment.

Section 304.04

A faculty member promoted to the rank of associate professor or professor, and not sooner tenured, shall be granted tenure upon the assumption of duties at the rank, unless expressly stipulated otherwise in the official notice of promotion. In the latter case, and unless sooner tenured, such faculty member is granted tenure with tender and acceptance of the third consecutive annual reappointment to the full-time Regular Faculty at such rank, following the effective date of promotion. Tenure is effective upon commencement of services under such reappointment.

Section 304.05

Tenure shall not be conferred upon assistant professors who are not at the same time promoted to associate professor, other than in exceptional cases. A faculty member originally appointed at, or promoted to, the rank of assistant professor may have tenure conferred upon him regardless of further promotion but in the discretion of the appointing authority for faculty of tenured rank, upon or after completion of five consecutive years of service as a member of the full-time Regular Faculty. Tenure is effective upon commencement of services under the first ensuing reappointment at such rank following conferral of tenure.

Section 304.06

Time spent on approved leave of absence shall not interrupt the continuity of a faculty member's service for purpose of promotion and tenure. However, no academic year which includes a leave of absence for a period of a semester or more shall be included in computing years of service for these purposes. Two consecutive semesters of leave, if in different years, will count only as one year's absence.

Section 304.06-1*

Guidance for one-year extension of the time period for conferral of tenure faculty member who becomes the parent of a child (either by birth or adoption) can be obtained from University Policy and Procedures, UPP-4-03 /Leaves of Absences .

Section 304.07

Unless tenured, no faculty member is entitled to reappointment. All such appointments are at the sole discretion of the University, which shall notify in writing any nontenured member of the Regular Faculty whose reappointment is not to be tendered or tendered conditionally of that fact according to the following schedule:

(1) Such written notice shall be received on or prior to March 1 during the first year of service;

(2) Such written notice shall be received on or prior to December 15 during the second year of service;

(3) Such written notice shall be received on or prior to July 1 during third and subsequent years of service.

Section 304.08

Persons shall receive tenure only by virtue of a positive judgment on the part of the University that tenure is conferred.

(1) Persons appointed at junior rank with the terminal degree must be officially considered for tenure no later than the first semester of the seventh year of appointment.

(2) Persons appointed at junior rank without the terminal degree must be officially considered for tenure no later than the first semester of the eighth year of appointment.

(3) Persons appointed without tenure at senior rank must be officially considered for tenure no later than the first semester of the third year of appointment.

(4) Persons promoted to senior rank but without tenure must be officially considered for tenure no later than the first semester of the second year in which the promotion is in effect.

The latest year in which each of these persons must be considered is designated as the time-bound year. A person who is not successful in a bid for tenure during his or her time-bound year is to receive timely notice that the upcoming year is a terminal year. In this situation there is no reconsideration for tenure, except that a faculty person who was appointed effective no later than September 1, 1980 can be reconsidered in the University promotion and tenure process in a terminal year following his or her time-bound year.

Section 304.09

Excepting cases of intervening termination for cause and cases of leave of absence or retirement as provided below, every tenured member of the Regular Faculty, and every nontenured member of the Regular Faculty not otherwise notified as provided in Section 304.07, will be tendered an annual reappointment, at a rank and compensation not less favorable than those which the faculty member then enjoys, provided:

(1) To the extent that a faculty member may be compensated directly or indirectly from sources not controlled by the University, the University shall have no responsibility to maintain such compensation or its equivalent; and

(2) To the extent that a faculty member may be compensated beyond the normal compensation of his or her regular academic rank and department by reason of administrative or special assignment, the University shall have no responsibility to maintain such compensation or its equivalent unless, in its own sole discretion, it elects to continue such administrative or special assignment; and

(3) Whenever, pursuant to budgetary* or policy determinations, general reductions in faculty size or compensation are required, applicable throughout the University or to one or more schools, departments, or disciplines, the University shall be entitled to apportion such reductions consistently with such determinations; but, subject to principles of tenure and rank, such reductions shall be apportioned on an equitable basis; and

(4) Nothing in this section shall be construed so as to derogate from the policy of the University to grant increments of compensation individually, in its sole discretion and on a basis of merit, and no faculty member shall be contractually entitled to claim any right to such increment under these provisions.

Section 304.10

A tender of reappointment shall specify the proposed rate of salary compensation, and shall be deemed to include, unless expressly provided to the contrary, entitlement to participate in all fringe benefit programs provided by the University, so far as the faculty member may be eligible therefore under stipulations of the respective programs.

Section 304.11

A faculty member may accept such tender of reappointment, or any amended tender, by delivering a signed, unconditional acceptance to the office of the administrative superior within three calendar weeks after submission of the original tender, unless the time for negotiation of terms or conditions has been extended mutually in writing. The University may, after such period, revoke its tender of reappointment and, unless reappointment for the ensuing year shall thereafter be tendered and accepted, the University shall not be obligated to reappoint the faculty member for the next or any subsequent year, regardless of tenure.

Section 304.12

Nothing in these articles shall be construed so as to derogate from disability, leave of absence, or retirement policies which may be adopted from time to time.

[Adopted August 16, 1993--effective August 16, 1994; amended February 25, 1998, *July 27, 2007, **August 25, 2008 and September 15, 2008.]