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Faculty Senate Administrative Office
Lindley 346
Athens, OH 45701
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Appointments, Tenure, Contract Renewal

[Section II D of Faculty Handbook]

1. Terms of Appointments

  1. The terms and conditions (FTE, T:R:S distribution, and salary) of every appointment to the faculty shall be stated in writing, and a copy of the appointment document shall be supplied to the faculty member. Any subsequent extensions or modifications of an appointment, and any special understandings or any notices incumbent on either party to provide shall be stated in writing with a copy given to the faculty member. These letters should specify that the Faculty Handbook governs the general conditions of employment.

  2. With the exception of term appointments clearly limited to a brief association with Ohio University, and reappointments of retired faculty members on special conditions, all appointments to the ranks in which tenure may be attained (see Section II.D.2.b) are of two kinds: (a) probationary appointments, and (b) appointments with continuous tenure. 

  3. Except for faculty members who have tenure status or who are not eligible for tenure, every person with a teaching or research appointment of any kind shall be informed each year in writing of the department's evaluation of the individual's performance and progress toward tenure (see Section II.E.3). This evaluation normally will be provided to the faculty member by February 1. 

  4. A person may be employed by Ohio University under a fixed-term contract as either a Visiting Professor, full time, temporary, or as an Instructor, part-time, on a semester by semester basis. The term contract is a faculty appointment for a specified period, which explicitly excludes eligibility for tenure. Such Visiting Professor appointments may be made for a total of no longer than three years, consecutive or otherwise, with the exception of those faculty members employed to teach in the Reserve Officers Training Corps (ROTC), and for positions wholly funded by external grants and contracts (excluding overhead return funds). The exception for ROTC is granted in recognition of the fact that faculty assignments to the program are externally controlled. The exception for faculty positions wholly funded by external grants and contracts (excluding overhead return funds) is limited to the period of external financial support provided by the grant or contract.

  5. An "adjunct" title can be used for persons employed from outside the university. An adjunct appointment is normally uncompensated but may have compensation for specific work performed or contributions made to a program. The duration of an "adjunct" appointment is variable but is to be made explicit at the time of appointment. An adjunct appointment is made by the dean of a college based on a recommendation from a department or school. 

  6. A "joint" appointment is reserved for a faculty member with responsibilities in more than one department. A joint appointment requires a written agreement between the home department and any other participating department(s) plus the approval of the respective dean(s). The agreement should specify the duties and obligations of the faculty member to each department. The faculty member's tenure and promotion always reside in a single home department.

2. Probationary Appointments

  1. Probationary appointments may be made for one year, or for any other stated periods, subject to renewal. The total period of probationary service prior to the acquisition of continuous tenure shall not exceed seven years except as qualified in Section II.D.2.e. Maximum periods of probationary service shorter than seven years must be negotiated prior to the initial appointment. Faculty members commencing service to Ohio University in the Spring semester of an academic year will have the length of their probationary period determined as if they had commenced service in the ensuing Fall semester. The maximum length for the probationary service period shall be conveyed to the faculty member in writing at the time of the initial appointment.

  2. Tenure may be attained only in the ranks of Professor, Associate Professor, and Assistant Professor, classified in the Tenure track, whether full or part-time. 

  3. The probationary period for persons eligible for tenure in part-time positions shall begin with the semester in which they are first employed on the basis of a contract explicitly designating them as faculty members in the Tenure Track category. 

    Tenure track part-time faculty members shall serve a probationary period not to exceed seven years. 

    Tenure for a part-time faculty member entitles the holder to claim part-time employment as a tenured right. At tenurization, a proportion of the normal workload within the department will be set as the minimum employment that the specific part-time faculty member may expect. If a part-time faculty member in the Tenure Track is denied tenure, he/she/they may not continue to be employed as a faculty member in any classification: Instructional faculty, Clinical Faculty or Instructor. 

    When a tenured part-time faculty member shifts to a temporary full-time appointment, his/her/their tenure status is still that of a part-time faculty member. 

    When a tenured part-time faculty member shifts to a permanent full-time appointment, he/she/they automatically become a tenured full-time faculty member. 

  4. Written notice shall be given at least one year prior to the expiration of the probationary period if the faculty member is not to be continued in service after the expiration of that period. In effect, this means that the tenure decision must be made prior to or during the penultimate year of the probationary period.

  5. A faculty member's probationary period can be extended beyond the maximum time only in the event of a procedural error, as the result of a period of leave of six months or longer, or because of significantly reduced capacity for six months or longer, and subject to approval by the Promotion and Tenure Committee of the Faculty Senate. Requests made under Section II.H. and Section II.I. usually will result in the probationary period being extended by one year.

  6. If a procedural error has been committed in the course of reaching a tenure decision and a reconsideration involving an extension of the probationary period has been approved by the Promotion and Tenure Committee, the decision is to be reconsidered by the appropriate recommending authorities even if in so doing the faculty member's probationary period is extended beyond the maximum limit. 

  7. In order to avoid errors in the determination, recording, and observance of dates of the probationary period (a type of procedural error), a faculty member shall receive at the time their second year contract is awarded a written form verifying tenure dates and deadlines and other relevant information included in the contract. The Office of the Provost is to ensure the implementation of this section in an effective manner. 

3. Renewal of Contracts for Appointments

Regardless of the stated term or other provisions of any appointments, written notice that a probationary appointment is not to be renewed shall be given to the faculty member in advance of the expiration of his/her/their appointment, as follows:

For Probationary Tenure Track Faculty

  1. not later than February 1 of the first academic year of service, if the appointment expires at the end of that year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination;

  2. not later than November 15 of the second academic year of service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination; 

  3. at least twelve months before the expiration of an appointment after two or more years of service at Ohio University. The notice of non-reappointment will be accompanied by an oral and, if the faculty member so requests, a written explanation of the basis for non-reappointment. The basis for non-reappointment must not violate the faculty member's academic freedom. 

For Instructional Faculty

  1. Not later than April 15 in the first 3 years of service, if the appointment expires at the end of that academic year; or, if a one-year appointment terminates during an academic year, at least 60 days in advance of its termination; 

  2. At least twelve months before the expiration of an appointment after three or more years of service at Ohio University. The notice of non-reappointment will be accompanied by an oral and, if the faculty member so requests, a written explanation of the basis for non-reappointment. The basis for non-reappointment must not violate the faculty member’s academic freedom. 

4. Termination of Appointment by the University

  1. Termination of a tenured appointment, or of a probationary appointment before the end of the contract period, or of a term appointment before the expiration of the specified term, may be affected by the University only for adequate cause.

  2. If the termination takes the form of a dismissal of a tenured faculty member, the procedure described below under "Loss of Tenure" shall be followed. 

  3. If the termination arises from the elimination of a program or department of instruction for educational reasons, the procedures set forth in this section, rather than regulations described below under "Loss of Tenure'' will be invoked. The decision to eliminate a program or department will be based on educational considerations. Educational reasons for discontinuance would include the lack of a continuing need for the program; they would also include a lack of educational quality. Considerations about the need for the program would include a significant and persistent trend of insufficient enrollment. Educational quality considerations would include the quality of instruction, scholarly achievement, intrinsic academic worth, or curricular value to other academic areas. Schools are equivalent to departments for purposes of this policy. 

    A program is defined as a course of studies leading to a degree (including an associate degree), a recognized major under a degree, or an option or concentration under a degree that is generally comparable to a major at the University. 

    A proposal for elimination of a program or department will be considered at the college level before being submitted to the University Curriculum Council. The college curriculum committee will consider the proposal and submit its recommendation to the dean. The dean will also consider the matter and provide a recommendation. The dean will forward the proposal to the University Curriculum Council if either their recommendation or that of the college curriculum committee is for elimination of the program or department. The department or program can submit evidence to each of the committees considering the proposal. 

    The Programs Committee of the University Curriculum Council will be charged with determining whether

    1. the activities to be eliminated are consistent with the definition of a program; 

    2. the reasons stated for elimination are indeed educational in nature;

    3. the individual(s) designated for loss of tenure are identified primarily with the program.

    In the case of the proposed elimination of a graduate program, the Programs Committee of UCC will obtain the recommendation of the Graduate Council. For the purpose of this policy, to be primarily identified with a program it must be shown that a majority of the faculty member's teaching effort is in that program. In addition, if a faculty member whose position is being eliminated has, within the last five years at Ohio University, been identified primarily with another existing program or programs, he/she/they will have the right to return to that program. A positive decision of all three determinations is necessary to forward the proposal to the University Curriculum Council. 

    The University Curriculum Council, by a majority vote of the membership, will then determine whether the stated reasons are of sufficient gravity to warrant discontinuance of a program leading to loss of tenure. Only a positive recommendation will be forwarded to the Provost. If the Provost favors the recommendation, it will be forwarded to the President and through them to the Board of Trustees. Faculty members affected by such a decision may appeal the Provost's decision to a committee consisting of all faculty senators in the third year of their term. This committee shall consider only whether the faculty member or members have received due process in the above procedure. Elimination of a program or department that leads to the loss of tenured faculty requires favorable action by the Board of Trustees. 

    Before terminating a tenured appointment through elimination of a program or a department, the administration shall make a bona fide effort to place the faculty member concerned in another suitable position in the University. If the effort is successful and the new employing unit desires additional training for the faculty member, the University will provide financial and other support for a reasonable period of training. When the new position is tenurable, tenure may be granted in the new department immediately (see Section II.C.6.). Transfers of this nature, being within the University, do not require advertisement of the new position to which the faculty member is appointed. 

    In the event that the program or department is re-established within a period of three years, the released faculty member shall be offered reappointment. In all cases of termination based on elimination, the faculty member concerned shall be given 12 months' terminal notice or severance salary equivalent to their current contract base amount. The University shall determine which option is to be used. 

  4. Termination of an appointment with tenure, or of a probationary or term appointment before the end of the specified term, may occur under extraordinary circumstances because of demonstrably bona fide financial exigency, i.e., an imminent financial crisis that threatens the survival of the institution as a whole and that cannot be alleviated by less drastic means. If such a termination should be initiated, the regulations described under "Loss of Tenure" will not apply. Since the state of financial exigency represents such a serious distortion of normal University procedures and policies, it is not to be entered into and carried out without very specific steps being taken. These steps are:

    1. After informing the Trustees of the approaching financial crisis and before proposing a state of financial exigency, the Administration of the University, in consultation with the Faculty and Administrative Senates, shall propose and carry out all possible reductions of University activities that are not of primary importance to the educational mission of the University.

    2. If the reductions undertaken in (i) do not resolve the problem, the President shall appoint a committee to investigate the need for declaring financial exigency. The majority of the committee shall be faculty members chosen by the Faculty Senate, but it shall also contain administrators chosen by the Administrative Senate and students chosen by the Student Senate. This committee shall issue its report within four weeks of its creation.

    3. The committee report, along with any recommendations from the Faculty, Administrative, and Student Senates, shall be considered by the Trustees before determining whether a state of financial exigency exists.

    4. Once the Trustees have declared a state of financial exigency, certain restrictions are automatically imposed on the University. No new appointments, replacements, or grantings of tenure are to be made in the University without special exemption by the committee described in (ii). This committee shall make its recommendations to the Trustees. Furthermore, pay raises shall not be granted any employee of the University unless mandated by legislative action. 

    5. The procedure for determining which faculty members are to be terminated is as follows. The Provost, after consideration of educational and fiscal factors, shall prepare a termination plan in consultation with a Retrenchment Committee composed of an equal number of deans and representatives from the Faculty Senate, with at least one representative from each of the regional campuses and each of the colleges. This plan shall include the number of faculty to be terminated and a distribution of the total among the colleges and regional campuses. The termination plan shall affect reductions according to the following criteria:

      1. First, no tenured faculty member is to be terminated before all non-tenured faculty in the college have been terminated. An exception may be made in the case of a non-tenured faculty member whose responsibilities could not be met satisfactorily by another faculty member in the college and whose loss would seriously damage his/her/their department's program. Petitions for exceptions should be submitted with full documentation to the Retrenchment Committee.

      2. Second, reductions of tenured faculty within colleges and regional campuses are to be allocated by the Provost, after consultation with the Retrenchment Committee, to departments, schools, and regional campus faculty following termination of their non-tenured faculty. Due consideration is to be given to those units that have already sustained a disproportionate loss of teaching capability through the loss of non-tenured faculty. Petitions for such consideration must be initiated by the department and transmitted by the dean, together with the dean's recommendation, to the Retrenchment Committee for final action.

      3. Third, reductions within departments and schools are to be in order by least seniority, seniority being defined as the time that has elapsed since the fiscal year of a faculty member's current appointment to the University. An exception may be made in the case of a less senior faculty member whose responsibilities could not be met satisfactorily by another faculty member in the college, and whose loss would seriously damage their department's program. Petitions for such an exception should be submitted with full documentation to the Retrenchment Committee. Where two or more faculty are of equal seniority, reductions within this classification are to be governed by program needs. Where program needs are equivalent, affirmative action considerations are to be applied. 

    6. Any faculty member terminated under this process shall have the right to a full hearing before the Faculty Senate Committee on Promotion and Tenure. The issues in this hearing shall be limited to whether the criteria were properly applied in the faculty member's case. 

    7. In the event that an appointment is terminated because of financial exigency, the released faculty member's place shall not be filled by a replacement within a period of three years unless the released faculty member has been offered reappointment and the opportunity to accept or decline it. In all cases of termination based on financial exigency, a tenured faculty member shall be given 12 months' terminal notice or severance salary equivalent to their current contract base amount. The University shall determine which option is used. 

    8. The University shall make a bona fide effort for three years after termination to relocate terminated tenured faculty in other academic, administrative or staff posts needing personnel when the faculty member's qualifications permit. Whenever new positions are approved under section (iv) of this policy, tenured faculty who have been terminated shall be considered first for these openings. Only when it has been determined that no such faculty member is qualified for the position in question or is willing to accept it, shall the position be advertised and other candidates be considered. A transfer to another academic department must be acceptable to the receiving department and to the faculty member. 

    9. The Board of Trustees shall make the final determination when a state of financial exigency no longer exists. The committee created in (ii) above may at any appropriate time submit to the President for transmission to the Board a recommendation that the state of financial exigency be ended.

5. Loss of Tenure

  1. If the capability or qualifications of a faculty member on tenure to continue with their usual responsibilities should be seriously questioned, his/her/their department chair will discuss the matter with him/her/them in a personal conference. The matter may be settled by mutual consent at this point. If an agreement cannot be reached, the following procedure shall be observed: the chair will consult with the members of their department and prepare, with the advice of the departmental promotion and tenure committee, a recommendation to be forwarded in writing to the dean of his/her/their college. The dean normally will then consult jointly with the faculty member and chair: if the dean decides to recommend suspension from duty or dismissal, he/she/they will submit his/her/their recommendation in writing to the Provost, who will undertake to investigate and arbitrate the difficulty. If a settlement cannot be arrived at in this manner, the President shall be so informed, and may, at their discretion, initiate dismissal proceedings. If the faculty member in question should be the chair of their department, discussion of the type described above shall be initiated by the dean of their college, the procedure otherwise remaining essentially as set forth above. 

  2. Formal dismissal proceedings shall be commenced by a written statement from the President to the faculty member concerning the grounds for dismissal, specified with reasonable particularity. The faculty member shall be further informed that if they so request, a hearing to determine whether they should be removed from their position on the grounds stated will be conducted by a faculty committee (see below) at a specified time and place. The faculty member will have thirty (30) days to notify the President in writing if they want a hearing, and if a written request is made, in setting the date of the hearing, the faculty member will be allowed 60 days in which to prepare their defense. The chair of the faculty committee, who is usually the chair of the Faculty Senate, will inform the faculty member of the procedural rights accorded them. The faculty member shall state in reply whether they wish a hearing, not less than one week before the date set for the hearing. The hearing may be held in open session at the request of the faculty member. In the absence of such a request, the hearing will be held in closed session. If the hearing is held in closed session, no witness called to testify may attend the session except at the time of their testimony. 

  3. The formal hearing committee shall consist of all tenured members of the Faculty Senate in the third year of their current Faculty Senate term, presided over by the chair of the Faculty Senate. The committee shall proceed by considering the statement of grounds for dismissal already formulated and the faculty member's response. If the faculty member has requested a hearing, the committee shall consider the case on the basis of the statement of persons possessing relevant information and other data concerning the matters set forth in the President's letter. The President, or their representative, should have the option of attending the hearing, but the committee should determine the order of events, should conduct the questioning of persons making statements, and, if necessary, should secure the presentation of important information. During the proceedings, the faculty member will be permitted to have an academic advisor and, in addition, legal counsel of their own choice. The faculty member should have the aid of the committee, when needed, in securing the attendance of persons who possess relevant information. The faculty member, or their representative, and the President, or their representative, will have the right to confront and question all persons who make statements before the committee. The full proceedings shall be accurately transcribed, and copies of the transcription shall be sent to the faculty member, the President, and the committee. 

  4. The committee shall make explicit findings with respect to each of the grounds of removal as presented. The President should transmit to the Trustees the full transcription of the hearing and the committee's decision for their automatic review. When the Trustees review the case, the faculty member and an advisor must be invited to appear before them. The decision of the hearing committee should either be sustained or returned to the committee with objections specified. In the latter event, the committee should reconsider, taking account of the stated objections and receiving further information if necessary. It should frame its decision and communicate it in the same manner as before. Only after study of the committee's reconsideration should the Trustees make a final decision overruling the committee. 

  5. Suspension of the faculty member during the proceedings involving them is justified only if immediate harm to themself or others is threatened by their continuance. If suspension is followed by dismissal proceedings, the requirements for initiating and continuing such proceedings, as described herein, shall be observed, regardless of the length of the suspension. During a period of suspension, the terms of contract between a faculty member and the University remain in force pending final disposition of the matter by the Board of Trustees, as provided herein. 

  6. Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements about the case by the faculty member, the administration, or the committee should be avoided so far as possible until the proceedings have been completed. Announcement of the final decision to the interested parties and to others should be made through the President's Office and should include a statement of the hearing committee's findings.

  7. If the appointment of a tenured faculty member is terminated, the faculty member will receive their salary or a terminal contract for at least one year. This provision for terminal notice or salary need not apply in the event that there has been a finding that the conduct that justified dismissal involved moral turpitude. On the recommendation of the faculty hearing committee or the President, the Trustees, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member.