Datasets:

quarkymatter
/

PolicyPro_dataset

text stringlengths 38 49.7k
<s>[INST] 1st Draft Rewrite of Termination Due to Financially Contingent Situations.txt [/INST] Termination Due to Financially Contingent Situations and Resource Allocation Termination of a tenured faculty member or, prior to the end of the term of appointment, of a tenure-track faculty member may occur because of the declaration of a financially contingent situation as described below. Criteria The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness and Marketability, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction and reorganization, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness and Marketability, and Quality. The objective must be to arrive at wise judgments. MISSION Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Ohio Wesleyan's liberal arts heritage? Is it essential in serving other programs? COST EFFECTIVENESS & MARKETABILITY Attentiveness to the cost effectiveness and marketability of programs and services is a key characteristic of a well-run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short-term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. The following non-prescriptive questions related to cost effectiveness and marketability must be asked: What is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service a "native recruiter?" Is it duplicative? What is the present and future demand for the program among existing and potential student populations as measured by internal data sets (e.g., enrollments, numbers of majors, programs served, etc.), labor market projections, external stakeholder feedback, and national and state policy/economic projections and placement data? QUALITY Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and faculty staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its staff faculty generally perceived by Faculty (staff, where non-academic services may be involved), students, and alumni to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the staff faculty versatile as well as strong? The guidelines of Mission, Cost Effectiveness and Marketability, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions. Making Contingency Decisions If financially contingent situations require reductions in personnel and/or academic departments or programs resulting in the termination of faculty appointments or services , the University will balance a need for timely action with the need for shared decision-making. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students, before making a recommendation to the Board of Trustees as follows: Determination of Financial Contingency When a financial contingent situation exists or is imminent that might require reductions in academic departments or programs, the President will present to the Committee on University Governance evidence supporting the President’s assessment that a financial contingent situation exists or is imminent and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of faculty positions. The Committee on University Governance will review the evidence within the time prescribed by the President and transmit to the President and Board of Trustees either: An endorsement of the President’s assessment; or Its own assessment, explicitly stating its point(s) of disagreement with the President. The Board of Trustees will not make a determination on whether a financial contingent situation exists or is imminent until it has received the report from the Committee on University Governance or the deadline prescribed by the President has elapsed. These determinations and resulting document(s) shall be considered private and confidential unless the Board of Trustees agrees to make all or portions of them public. After completing the above steps, the Board of Trustees shall determine whether a financial contingent situation exists or is imminent and retains ultimate authority for declaring that a financially contingent situation exists or is imminent. Framing of Proposal to Address Financial Contingent Situation Responsibility for framing a proposal for program or services and/or personnel reductions to deal with a financially contingent situation will rest with the President. The proposal, when it pertains to academic programs and/or personnel, will be referred to the Committee on Academic Programs as to curricular impact, to the Academic Planning and Allocation Committee as to the implications for the academic plan, to the Faculty Personnel Committee as to personnel implications, and to the affected programs. When the proposal pertains to non-academic programs, services, and/or personnel, it will be forwarded to the Governance Committee and the Senior Leadership Team Cabinet for consideration. These bodies will hold hearings as part of their deliberations. At the discretion of the President, an advisory student committee may also be created. These groups will severally consider the proposal(s) and in doing so may consult widely with faculty, students, and, where appropriate, with staff. They are to complete their deliberations within 30 calendar days of receipt of the President's proposal(s) and report their findings and recommendations to the President immediately upon finishing their deliberations. They may recommend acceptance, alteration, or otherwise, of the President's proposal(s). If and when they are unable to achieve concurrence with the President, and the President yet judges that reductions must be made, the President will report to the Board of Trustees the proposed course of action. If there is a difference of views between the President and the committees, the President will ensure that the committees' proposals are forwarded to the Trustees with the President’s proposal(s). The Board of Trustees retains ultimate authority for approving proposals as to program and position reductions and terminations responding to a financially contingent situation. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. In the event that the Board of Trustees declares that a financial contingent situation exists or is imminent, the President shall be responsible for framing a proposal for addressing the situation. If the proposal might require reductions in academic departments or interdisciplinary programs and the termination of faculty positions, the President, prior to framing the proposal, shall engage in an extensive academic program review process. Academic Program Review Process Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a Dashboard that provides extensive quantitative data relating to all academic programs at the University. The Dashboard will be made available transparently to all faculty. Step 2. Following the publication of the Dashboard, each academic department will be charged by Academic Affairs to complete self-studies, following criteria set by the Academic Planning and Allocation Committee (APAC). Step 3. Following receipt of the department self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President. Step 4. The President shall convene a Joint Committee comprised of eight faculty members elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: University Governance Committee (UGC), Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and Academic Planning and Allocation Committee (APAC). In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. After considering the department self-studies and APAC report, the Joint Committee shall: Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors; Identify opportunities for program enhancement; and Suggest the optimal configuration of departments and interdisciplinary programs. In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs, and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program. The President, in consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President. Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected programs identified in the proposal, each of which will have the opportunity to hold hearings over a 30-day period. The manner in which the hearings are held are at the discretion of the respective committees. Step 6. Following the hearings, the respective committees and programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If consensus can be reached regarding the final proposal, the President will forward to the Board of Trustees a final report reflecting that consensus. If consensus cannot be reached, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and program. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation. Step 7. If the Board approved plan includes the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors, the Faculty Personnel Committee, in consultation with the Provost, shall recommend to the President which individual positions, and therefore appointments, should be terminated. In developing recommendations, the committee will be guided by following sequence: Consideration of attrition resulting from resignation, retirement, or other severance actions. Termination of Part-time and Visiting faculty positions within the affected department(s) or interdisciplinary program(s). Termination of tenure-track and/or tenured positions within the affected department(s) or interdisciplinary program(s). In the case of a reduction of a department or interdisciplinary program, as opposed to a discontinuation, the appointment of a faculty member with tenure within the same department or program will not be terminated in favor of retaining a full-time tenure-track faculty member, except in circumstances where a serious distortion of the department or interdisciplinary program would otherwise result. In making recommendations, the following criteria, in no particular order of priority, will be considered by the Faculty Personnel Committee: Education and professional credentials; The length of the faculty member’s service to the University; The quality of the faculty member’s service to the University; The abilities of the individual faculty member in relation to the needs of the University and the potentially affected department or interdisciplinary program. Step 8. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below. Step 9. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. Notification Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal. In all cases of termination of appointment because of financial exigency, full-time non-tenure faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1. Appeals If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to file a grievance in accordance with Section 3.14.3. The issues in this hearing may include the following: The existence and extent of the condition of financial exigency. The burden will rest on the administration to prove the existence and extent of the condition. The findings of a faculty committee in a previous proceeding involving the same issue may be introduced. The validity of the educational judgments and the criteria for identification for termination; but the recommendations of a faculty committee on these matters will be considered presumptively valid. Whether the criteria are being properly applied in the individual case. Reassignment and Retraining Subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), tenured and tenure track faculty members in positions to be eliminated will be considered for suitable vacancies at the University in administrative or teaching positions. See Section 3.13.5.1 below. Reinstatement Rights When a tenured faculty position is terminated for a financial contingent situation, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.</s>
<s>[INST] 1st Draft Rewrite Program Discontinuation.txt [/INST] 2. Program or Department Discontinuance Due to Educational Decisions Termination of an appointment with tenure, or of a tenure track faculty member before the end of the specified term, may occur as a result of a bona fide formal discontinuance of a program or department of instruction due to educational considerations not related to a financially contingent situation. Criteria The decision to discontinue an academic program or department of instruction will be based on long-range judgements that the educational mission of the University as whole will be enhanced by the discontinuance of an academic program or department. Such a decision will not be based upon cyclical or temporary variations in enrollment. For purposes of this policy, academic programs and departments are defined as an academic department or program offering majors and minors that existed prior to the decision to discontinue them. The term program means a group of courses leading to a major or minor, a sequence of courses with a common prefix, a service, or support area, or any curriculum area identified as such. Making Academic Program or Department Discontinuation Decisions A proposal to discontinue formally a program or department of instruction may be initiated by the Academic Planning and Allocation Committee, the Committee on Academic Programs, the Provost, or the President. The decision to discontinue a program or department of instruction will be based essentially upon educational considerations, as determined according to the Academic Program Review Process procedures in the Termination Due to Financially Contingent Situations and Resource Allocation Policy (see Section 3.13.5(2)(b)(2) above). Reassignment and Retraining Before the President issues notice to a tenure line faculty member of the University’s intention to terminate an appointment because of a formal discontinuance of a program or department, the University will, subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), consider the faculty member for suitable administrative or teaching position vacations within the University. See Section 3.13.5.1 below for additional information. When a suitable position is not available within the University, with or without retraining, and the faculty member is not agreeable to any optional alternative courses of action (i.e., change in status to part-time), the faculty member’s appointment may be terminated. Notice Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal. Full-time non-tenured faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1. Appeal If the administration issues notice to a tenure line faculty member of an intention to terminate the appointment because of the formal discontinuance of a program or department of instruction due to educational considerations, the faculty member will have the right to file a grievance in accordance with Section 3.14.3. -End Alternative Text-</s>
<s>[INST] 2.13 Review Team Meeting Proposed Agenda.txt [/INST] Agenda – 2.13 Meeting Barbara’s Suggesting re: Timeline Meetings for Separation Meeting for FMLA/Parental Leave Attorney or HR Rep Present NO NEED FOR ADDITIONAL OPEN MEETINGS. WILL DO FACULY SURVEY Communication from Team on this? Committee Service Expectations and Chair Stipend Suggestion See John’s 2/3 Email and SL’s Response 2/4/6 Evaluation Model Pre-Tenure Faculty Meeting Workload/Remote Teaching Barbara’s Comments? Department Chair Stipends – “may” Salary Scale and Equity Issues – See Anonymous Spreadsheet Contract APAC Comments Table Program Review? 3.14.1 Appeals Procedure in Non-Renewal Review “Hybrid” Rewrite 3.13.4 – Dismissal for Cause Remove “Charge Involving Moral Turpitude” Step 3: Reverse Order of Listing Step 6: Modify Panel Composition? Thomas More Example: The committee of faculty members to conduct the hearing and reach findings of fact and recommendations to the President shall be appointed by the Faculty Coordinating Committee within five (5) academic days of the President’s submission of charges. The committee shall consist of five (5) impartial senior members of the faculty. The choice of members of the hearing committee shall be on the basis of their objectivity and competence and of the regard in which they are held in the academic community. The committee shall elect its own chair. Move Panel Member Challenges Text from Step 8 to 6? Step 13: Add back the AAUP Rep Text? Step 14: Strike University Text from Next Draft? 3.13.5: Revise Alternative Text to Give FM Advance Notice Article IV of Faculty Bylaws: Staffing Ad Hoc Committees See Sections 4 and 5. 3.6.1.6 - Presence on Campus See Barbara’s 2.14 email Phased Retirement Remove Heading?</s>
<s>[INST] 2.4 IT Policies (2nd Draft).txt [/INST] </s>
<s>[INST] 2.9 Review Team Meeting Proposed Agenda.txt [/INST] Agenda – 2.9 Meeting Barbara’s Suggesting re: Timeline Meetings for Separation Meeting for FMLA/Parental Leave Attorney or HR Rep Present Committee Service Expectations and Chair Stipend Suggestion See John’s 2/3 Email and SL’s Response APAC Comments Table Program Review? 3.14.1 Appeals Procedure in Non-Renewal Review “Hybrid” Rewrite 3.13.4 – Dismissal for Cause Remove “Charge Involving Moral Turpitude” Step 3: Reverse Order of Listing Step 6: Modify Panel Composition? Thomas More Example: The committee of faculty members to conduct the hearing and reach findings of fact and recommendations to the President shall be appointed by the Faculty Coordinating Committee within five (5) academic days of the President’s submission of charges. The committee shall consist of five (5) impartial senior members of the faculty. The choice of members of the hearing committee shall be on the basis of their objectivity and competence and of the regard in which they are held in the academic community. The committee shall elect its own chair. Move Panel Member Challenges Text from Step 8 to 6? Step 13: Add back the AAUP Rep Text? Step 14: Strike University Text from Next Draft? 3.13.5: Revise Alternative Text to Give FM Advance Notice Article IV of Faculty Bylaws: Staffing Ad Hoc Committees See Sections 4 and 5.</s>
<s>[INST] 2022.02.16 Proposal A 4.1.1 (SS Comments & Revisions)-1-1.txt [/INST] February 16, 2022 To: Faculty Welfare Committee From: Jamie Caridi, Interim President Joe Lane, Provost Bill Kiefer RE: Manual Revision #1 – 4.0 and 4.1.1 Purpose – To clarify the opening section of the Manual regarding the classifications of faculty and the privileges and duties of each group. In particular, the proposed section will clarify the status of faculty with administrative duties and “pro rata” faculty hired to contracts for specific programs and purposes. It is intended to cover certain faculty members who would be hired under contract for the proposed graduate programs. Presented as a replacement to existing language. NB: Throughout these sections, the language regarding the Chief Academic Officer language has been changed to replace references to the Vice President for Academic Affairs with references to the Provost (and Dean of the Faculty). This change reflects current usage at Bethany and would be applied throughout the manual to provide consistency. We hope this change would be considered editorial and uncontroversial. Proposed Language Introduction Volume IV contains general policies and procedures relating to faculty members and faculty status which are intended to guarantee for the institution a faculty of as high a quality as possible and for the individual faculty member a maximum degree of fairness. The policies and procedures herein result from action by the Board of Trustees, the Administration and the faculty acting through the Faculty Welfare Committee. It is expected that faculty members will be aware of the contents of Volume IV and will make a conscientious effort to abide by the information contained therein. Effort has been made in this Volume IV to avoid duplication of information which appears in other documents, viz. Volumes II, III, V, VI and VII. Faculty members shall become familiar with the contents of those documents that have significance for their professional performance. This Volume IV is incorporated by reference into the individual faculty appointment agreements of each faculty member. Where the terms and provisions of an individual appointment agreement of a faculty member are inconsistent with the general policies contained herein, the provisions of the individual appointment agreement shall control. Otherwise, the provisions of this Volume IV will remain in effect until changed by the procedures contained in this Volume IV. Should there be any misapplication, misinterpretation or violation of specific provisions in this Volume, the faculty member involved should report the circumstance to the Provost. The administrative or staff responsibilities of faculty members with administrative or staff duties are specified in the individual appointment letters of such faculty members. Faculty members with substantive administrative duties may include senior administrators (the President, Provost, Directors, or others), librarians or members of the Learning Center administration with appropriate credentials, or other members of the College staff who have appropriate credentials, teach classes as part of their assigned duties, or previously held academic appointments at other institutions. Definition of Faculty Status, Faculty Rank and Criteria for Advancement in Rank Faculty Status Full-time Faculty A full-time faculty member is any full-time employee of Bethany College who is qualified for and currently holds an appointment to one of the academic ranks listed in Subsection 4.1.2. A full-time faculty member fulfills the duties and responsibilities of a faculty member and ordinarily has: teaching and academic advising duties, which are enriched by scholarship, creative, and professional development, and service activities in support of the mission of the College (see Section --) equivalent to a full-time teaching load (see Section --- ); or teaching and other duties (e.g., research, academic administration, counseling, library duties, athletic department duties) equivalent to a full-time teaching load and equivalent to a full-time teaching load (see Section ---). A full-time faculty member who has continuously taught at Bethany College for at least six years is eligible to apply for sabbatical (see Subsection 4.10.2). All full-time faculty members are considered full voting members of the faculty and may be appointed pursuant to a term, notice (tenure track or non-tenure track), or tenure agreement (see Subsection 4.2.1). Pro-rata Faculty A pro-rata faculty member is a contractual employee of the College appointed pursuant to a term or notice appointment (see paragraphs 4.2.1.1 and 4.2.1.2, respectively), who is qualified for appointment to one of the academic ranks listed in Subsection 4.1.2 and whose primary duties are defined by the teaching of a course load determined by the Department Chair and/or the Provost. The appropriate course-load is normally specified in the faculty member’s letter of employment and may include graduate or undergraduate teaching (or a mixture thereof), but the sum total of duties assigned to such faculty would normally be equivalent to at least a half-time appointment. A pro-rata faculty member is not an Adjunct/Per-course faculty member. A pro-rata faculty member has pro-rata contractual rights and may be eligible for advancement in rank and fringe benefits. A pro-rata faculty member may have, on a pro-rata basis, responsibilities for advising, serving on committees, and other responsibilities of full-time faculty members as well as eligibility for a sabbatical, all as set forth in his or her employment agreement with the College. Adjunct Faculty/Per Unit/Per Course Faculty An Adjunct, Per Unit, or Per Course faculty member is employed pursuant to a short-term appointment (see paragraph 4.2.1.1) and carries no rank. A Per-course faculty member may carry as many as eight or fewer credit hours per semester at the College and no more than twelve credits on an adjunct basis in any given year (a full-time teaching/advising load is defined as at least 12 hours per semester). An Adjunct, Per Unit, or Per Course faculty member usually has no other faculty duties or responsibilities (i.e., committee obligations, advising, research, etc.), except for those specified by the department and agreed to by the faculty member accepting the Adjunct, Per Unit, or Per Course appointment. An Adjunct, Per Unit, or Per Course faculty member does not accrue time towards sabbatical. Reappointment of Adjunct, Per Unit, or Per Course faculty is at the discretion of the College and successive reappointments do not confer continuing employment status and imply no employment rights beyond the duration of the term of employment set forth in the faculty member’s short-term appointment agreement. Appointment to an Adjunct, Per Unit, or Per Course position does not confer membership in the Faculty. Accordingly, Adjunct, Per Unit, or Per Course Faculty are not considered full voting members of the faculty. They are, however, invited to attend the meetings of the Faculty, with voice, but not vote. In addition, Adjunct, Per Unit, or Per Course faculty do not normally participate in the Faculty or University Standing or ad hoc committee structure. Because student enrollment and Full-time Faculty loads may not be determined until after the date that an Adjunct, Per Unit, or Per Course faculty member signs an appointment agreement, an Adjunct, Per Unit, or Per Course faculty member’s appointment is contingent upon sufficient student enrollment for the course to be taught and upon that course not being assigned as part of a Full-time Faculty member’s required teaching load. If there is insufficient course enrollment or the course is assigned as part of a Full-time Faculty member’s required teaching load, the University reserves the right to void the Adjunct, Per Unit, or Per Course faculty member’s appointment. Administrators with Faculty Rank An Administrator with Faculty Rank is a full-time or pro-rata employee who functions in an instructional capacity outside the classroom (e.g., some librarians and learning resources faculty), or performs a combination of faculty, staff, and professional duties. An Administrator with Faculty Rank is subject to all responsibilities and standards of teaching performance that apply to other full-time or pro-rata faculty and receives the same academic freedom as other faculty members. With regard to the non-academic aspects of an administrator’s duties, an administrator is governed by the provisions of Volume V (Personnel Policies for Staff) of the Policy Manual. 4.1.1.5 President and Provost Duly appointed officers of the College holding the positions of President and Provost (or Dean of the Faculty, Vice President of Academic Affairs, or other title for the Chief Academic Officer) hold their faculty ranks by Board appointment as specified in the By-Laws of Bethany College and Manual 1.6. Normally the President carries the title of the M.M. Cochran Professor of Leadership Studies and the Provost carries the title of the Sarah B. Cochran Professor of the appropriate academic discipline. These positions may be hired with tenure at the discretion of the Board. Special Appointment Faculty Special Appointment Faculty participate in one of the College’s academic programs and make a substantial contribution to the academic activities of the University’s various academic department, but whose professional activities do not span the full range of responsibilities of the Full-time Faculty. Special Appointment Faculty are temporary employees of the College and perform those duties and responsibilities as stated in their respective appointment agreements. Reappointment of Special Appointment Faculty is at the discretion of the College and successive reappointments do not confer continuing employment status and imply no employment rights beyond the duration of the term of employment set forth in the appointment agreement. Special Appointment Faculty shall fulfill those duties and responsibilities related to teaching, as well as other duties as stated in the faculty member’s individual term appointment agreement. The use of a rank designation for Special Appointment Faculty shall not be construed as eligibility for promotion in rank; Special Appointment Faculty are ineligible for promotion in rank. Appointment to a Special Appointment Faculty position does not confer membership or voting rights in the Full-tine Faculty. A Special Appointment Faculty are, however, invited to attend the meetings of the Faculty, with voice, but not vote. In addition, Special Appointment Faculty do not participate in the Faculty or University standing or ad hoc committee structure. A Special Appointment Faculty member may apply for a posted full-time Ranked Faculty position with the University in accordance with the procedures set forth in Section 4.3.1(3). If a Special Appointment Faculty member applies for a posted Full-time Faculty position and is offered the position, the Special Appointment may negotiate credit for full-time time service at Bethany College. In accordance with University policy, the individual must meet the minimum residency requirement as a Full-time Faculty member at the College before applying for promotion to a higher rank or tenure as applicable. Artist/Writer/Scholar-in-Residence/Visiting Ranked Faculty Bethany College may appoint artists, writers, scholars, and other distinguished individuals to the special faculty status of Artist/Writer/Scholar-in-Residence/Visiting Ranked Faculty. Such appointments are awarded for a specific period of time and may be full-time or pro-rata depending upon the needs of Bethany College. An Artist/Writer/Scholar-in-Residence/Visiting Ranked faculty member is appointed by the President in consultation with the Vice President for Academic Affairs and Dean of Faculty. The appointment is made pursuant to a term agreement for a limited period of time with no intent of on-going employment. The appointment may be full-time, pro-rata, or per-course based on the needs of the College. Replacement Faculty The College may appoint a replacement faculty member to full-time status for a specific period of time. Time served under the appointment does not count towards promotion in rank or sabbatical leave unless so indicated by the President of the College at the time of hire or at the time of conversion to a tenure-track appointment. A temporary replacement may be appointed for a faculty member who is on sabbatical, on leave, or who has retired or resigned. The replacement faculty member may be appointed on a full-time, pro-rata, or per-course basis until such time as the regular faculty member returns or a permanent replacement is found. Emeriti Faculty In recognition of unusual and meritorious service to the College, on the recommendation of the Faculty, Retention, Tenure and Promotion Committee and the Provost and the President of the College, and subject to the approval of the Board of Trustees, a faculty member upon retirement from active full-time faculty service may receive Emeritus rank. Specific eligibility criteria and procedures for application may be found in 1.6.3.1.1 The following materials shall be reviewed by the Faculty, Retention, Tenure and Promotion Committee: Nomination by a current faculty member, including a rationale for consideration, highlighting significant contributions to the College, and Current vitae. Emeritus Rank will entitle holders to the privileges listed in section 1.6.3.1.1. Visiting Appointments Visiting appointments are reserved for faculty members of other institutions, professors emeriti, and persons distinguished in their fields. Visiting faculty members are appointed by the President of the College after consultation with the Provost and Dean of Faculty. Visiting faculty members will carry the rank they hold from their most recent employer or will be assigned a rank based on the criteria listed in Subsection 4.1.2. Visiting appointments may be held for no more than three consecutive academic years.</s>
<s>[INST] 2022.02.16 Proposal C 4.2.1 (SS Comments).txt [/INST] February 16, 2022 To: Faculty Welfare Committee From: Jamie Caridi, Interim President Joe Lane, Provost Bill Kiefer RE: Manual Revision C – Proposed Language for new language in section 4.2.1 regarding types of contracts, terms of appointment, and conversion from contract positions to the tenure track Purpose: The proposed section clears up several areas of recent confusion, provides rules to govern contracts and re-appointment of pro-rata faculty members (as that category is expanded in proposal for 4.1), and clarifies the process for moving from a contract appointment to the tenure track. The proposed language below also alters sections of 4.3.1.3 regarding search procedures. Proposed Language Policies Pertaining to Faculty Appointments Types of Faculty Appointments Term Appointments Term appointments are issued for a clearly defined, limited period to pro-rata, adjunct/per-unit/per-course, visiting and special appointment faculty members. Term appointments may also be issued to full-time faculty members in special circumstances with the approval of the President of the College for short-term curricular needs of the College. Term appointments do not confer upon a faculty member an expectation for continued employment after the term specified in the contract expires. No notice or action by the College is required to effectuate such expiration. Re-employment of the faculty member after expiration of the term of the appointment is solely within the discretion of the College and no other procedures apply. Notice Appointments Faculty members with notice appointments may expect the appointment to be renewed pursuant to the progressive schedules described below unless otherwise notified pursuant to the terms of the applicable appointment agreement. The initial appointment is for one year. Notice appointments are subject to the policies and procedures found in Section 4.8 (Separation) of the Policy Manual, or other specific provisions with regard to Separation contained in their appointment, which specific provisions shall supersede the provisions of Section 4.8 of the Policy Manual. Appointment, Tenure Track A full-time faculty member with a terminal degree or a professional background that may be considered equivalent to a doctorate or terminal degree, who is hired into a tenure track position, may expect the appointment to be renewed annually unless otherwise notified pursuant to the terms of the applicable appointment agreement. A person on a tenure track appointment is eligible to apply for tenure after completing a tenure track period of six years (See Section 4.7). The tenure track period may be reduced by the President of the College after receiving the recommendation of the Faculty, Retention, Tenure, and Promotion Committee and the Provost. A faculty member on a tenure track appointment is subject to annual review according to established procedures and criteria outlined under Section 4.5 – Faculty Evaluation. If tenure is not granted or the faculty member elects not to apply for tenure after completing a tenure track period of six years, the faculty member is to be given notice of release and a one-year terminal appointment. Appointment, Non-tenure Track The College offers notice appointments to full-time and pro-rata faculty members appointed to Non-Tenure Track positions. Faculty members receiving a non-tenure track appointment agreement are not eligible to apply for tenure status. Faculty members with a non-tenure track notice appointment may expect the appointment to be renewed unless otherwise notified pursuant to the terms of the applicable appointment. An initial non-tenure track notice appointment may be for a period of one or more academic years at the discretion of the College. Thereafter, additional appointments of one or two years may follow. Non-tenure-track, full-time, pro-rata faculty members continuing beyond the first six years of service at the College (or as otherwise set forth in the appointment) are eligible to receive successive three-year notice appointments beginning in their seventh year of employment at the College. All notice appointments are subject to the policy and procedures found in Section 4.8 (Separation) of this Policy Manual, except to the extent that the conclusion of their most recent three-year contract or specific circumstances defined in their letter of appointment provide otherwise. Non-tenure track faculty members are also subject to the evaluation provisions of Section 4.5. Moving to Tenure Track If an appropriate tenure-track position opens at Bethany, a non-tenure track faculty member may apply for that position. The position would normally be expected to be filled in accordance with the Search and Appointment procedures as specified in Subsection 4.3.1. In the event that the department chair of the relevant program and the Provost concur that a demonstrated record of successful teaching, advising, service, and scholarship support the conclusion that the immediate conversion of a current non-tenure track faculty to a tenurable line will serve both the program and the College well, they may prepare a recommendation to that effect and ask the Faculty Retention, Tenure, and Promotion (FRTP) Committee to conduct an interview with that faculty member and to make a recommendation on whether that faculty member should be converted to tenure-track. The recommendations of the department chair, Provost, and FRTP should be forwarded to the President who may make then authorize the Provost to make such a conversion to a tenure-track line. The Provost will communicate this decision to the faculty member and department chair. The tenure track appointment will officially commence in the next academic year. If a sitting faculty member is converted into a tenure track appointment, whether after a good faith search has been conducted or at the conclusion of the process described above, some or all of the faculty member’s years of service at the College may, at the discretion of Provost, on written notice from the faculty member, count toward the time by which a tenure decision is due. If a transfer is granted, application for tenure must be made when the faculty member becomes eligible. If tenure is not granted or the faculty member elects not to apply for tenure after completing a tenure track period of six years, the faculty member is to be given notice of release and a one-year terminal appointment Tenure Tenured faculty members are entitled to annual appointment renewal and shall be subject to the terms and conditions of employment that exist at the time of each annual renewal and are further subject to the separation policies in Section 4.8. Terminal Appointment A terminal appointment is the final appointment issued to a faculty member in the case of denial of tenure, non-renewal, resignation or cases of mutual agreement, including retirement. 4.3.1.3 In the event that there is an acceptable candidate already holding a faculty appointment, and if the Department Chair, the Provost, and the President concur that this candidate should receive the appointment, such acceptable candidate may be appointed to fill the vacancy without a search, eliminating the need for the steps set forth in paragragh 4 through 6 hereof. Otherwise the position is advertised in appropriate academic media. Any such advertisements are to be in accordance with Affirmative Action and Equal Opportunity guidelines (see Volume II, Subsection 2.1.1).</s>
<s>[INST] 2022.02.16 Proposal D 4.2.3 (SS Comments).txt [/INST] February 16, 2022 To: Faculty Welfare Committee From: Jamie Caridi, Interim President Joe Lane, Provost Bill Kiefer RE: Manual Revision #4 – Proposed Language for new language in section 4.2.3 regarding the dates of appointment letters Purpose: The proposed section changes the release date for faculty appointment letters and contracts to reconcile the internal tension in the current language. Recent years have repeatedly demonstrated that the April 15 date cannot be met if letters are going to be “pursuant to a Board-approved budget” as the language indicates. Under the new terms, the Board will be responsible for passing a budget by their early May meeting each year. Contracts will follow immediately thereafter and no later than the end of May so that agreements may be returned by no later than June 14 (10 business days after their delivery to faculty members). It is essential that contracts be secured by no later than mid-June to assure that the College can appropriately plan for course coverage for the Fall semester. A clause has been added to indicate that potential COLA, raises, and merit pay (but only increases in salary) may be issues after the Fall Census to be effective on January 1. Moving future increases to a calendar year basis will make it possible to adjust salaries when sufficient enrollment makes such increases possible. Proposed Language Issuance and Receipt of Appointment Agreements Ranked, full-time faculty appointment offers for an upcoming academic year are normally to be issued on or before May 31 and become void if not signed and returned within ten working days. Pro-rata appointments are generally issued on this date, but they may be issued on other schedules on an individual basis as the necessity arises. All per-course adjunct appointments are issued on an individual basis by the Provost in advance of the semester for which they are required. Salaries of the members of the faculty other than the President of the College shall be fixed by the President of the College within the Board of Trustees’ approved budget for the upcoming academic year. The appointment becomes official when the written agreement offered by the President of the College to the prospective faculty member is signed in triplicate by both parties. A copy is retained on file in the Office of Human Resources, the second copy is retained on file in the Office of Provost, and the third copy is returned to the appointee. Increases in salary for members of the faculty may be issued with the annual contracts in May, but increases (whether COLA, across-the-board increases, or merit increases for particular faculty members) may be based on the Fall semester census and released following the Board of Trustees fall meeting. Such increases will normally be effective on January 1 of the academic year for which they are issued and will be considered to increase the expected base pay for subsequent academic years unless otherwise specifically noted.</s>
<s>[INST] 2022.02.16 Proposal E 4.8 (Layoff) (SS Comments).txt [/INST] February 16, 2022 To: Faculty Welfare Committee From: Jamie Caridi, Interim President Joe Lane, Provost Bill Kiefer RE: Manual Revision #5 – Proposed Language for new language in section 4.8 regarding academic reorganization, order of lay-offs, etc. Purpose: The revision of this section is intended to provide an orderly process by which the administration may initiate an orderly process for assessing academic programs in cases in which changes may be needed without risking the reputational damage to the College that declarations of exigency or enrollment emergency may incur. The proposed revisions are aimed to provide a fair process, timely decisions, and relatively expedited resolution of any necessary separations. Proposed Language 4.8.5. Layoffs Layoff is a severance action by which the College terminates the services of a faculty member before the expiration of the faculty member’s current appointment, without prejudice as to the faculty member’s performance. Decisions about layoffs are recommended by the President of the College to the Board of Trustees. The Board of Trustees may also mandate or recommend such changes, under its fiduciary responsibility, through the President of the College. Such mandate or recommendation will proceed in consultation with the Provost, the appropriate Department Chair, and the Faculty Welfare Committee in cases of enrollment emergency and financial exigency. 4.8.5.1 Curricular Changes or Academic Program Reorganization Layoff of a full-time academic unit faculty member appointed pursuant to notice or tenure appointment agreements may occur as a result of a curricular change, including reorganization or discontinuation of a curricular requirement or an academic program in whole or in part. The Provost will make decisions regarding such changes after consultation with the Department Chair of the impacted department(s). The decision to implement a curricular change that results in the layoff of full-time faculty member rests with the Board of Trustees. Such a decision will be based upon educational considerations that reflect long-range judgments that the mission of the College as a whole will be served by the curricular change. In reaching such a decision, the President will consult with the Faculty Welfare Committee, the Provost, and others to form a task force to review the academic program offering(s) and make recommendations regarding the aligning of programs and faculty staffing. The task force shall normally complete its review within 120 days of formation (excluding the period [June 15-August 15]) unless an extension is agreeable to both the President and Faculty Welfare Committee and is expressed in writing. The task force report will advise the Provost, who in turn will prepare a program and staffing strategy to guide personnel decisions. The Provost’s staffing report will be forwarded to the Faculty Welfare Committee, President of the College, and Board of Trustees, with final approval resting with the Board. When systemic disruptions in the College’s enrollment patterns, total enrollment (current or expected), and operating environment requires substantial and immediate curricular changes resulting in the reorganization or discontinuation of an academic program(s), the President may modify the timelines or procedures set forth above for good cause shown. In such cases, the President must communicate clearly with the Faculty Welfare Community and any affected departments to explain the reasons for the curricular changes or program reorganization. Individual layoff decisions impacting full-time faculty resulting from curricular changes will follow the “Order of Layoff procedures” described in paragraph 4.8.5.4 below. Full-time Faculty that are laid off under a curricular change will receive notice according to the schedule in paragraph 4.8.5.4. Faculty on a tenure appointment will receive one year’s notice or an appropriate financial agreement equal to or greater than one year’s salary as deemed appropriate by the President and the Board. The College will, except in unusual circumstances, end such program and the faculty member’s relationship with the College at the end of an academic semester or year. Faculty laid off under this paragraph have the same rights as those terminated under Enrollment Emergency or Financial Exigency policies as delineated in paragraphs 4.8.5.2 and 4.8.5.3. Enrollment Emergency An enrollment emergency is an unplanned decline in student enrollment, the detrimental financial effects of which are either too great, too systemic, or too rapid to be offset by normal procedures outlined in Volume IV of this Policy Manual. When a decline in enrollment, or loss of funding in whole or in part are of such a nature that the College’s projected budget for a given academic year or future academic years as determined by reasonable projections cannot be balanced and clearly indicates that no other alternatives except by academic program reorganizations or cuts, the President of the College, after consultation with the Provost and Faculty Welfare Committee, will make a written recommendation to the Board of Trustees whether an internal declaration that the College is in a state of enrollment emergency should be declared. An enrollment emergency is based upon the number of FTE students as calculated by the Registrar’s Office. The Board of Trustees to declare an enrollment emergency rests with the Board of Trustees. Once the Board of Trustees decides that an enrollment emergency exits, the President of the College, in consultation with the Provost, the Department Chairs, and the Faculty Welfare Committee, and after receiving approval from the Board of Trustees, shall recommend appropriate action in terms of individual layoff decisions. Layoff decisions resulting from a financial exigency will normally follow the “Order of Layoff” procedures described in paragraph 4.8.5.4. The President of the College and the Board of Trustees have final authority in all matters related to enrollment emergencies after following the procedures listed herein. Financial Exigency “Financial Exigency” is an urgent need to reorder the nature and magnitude of financial obligations due to an imminent financial crisis in such a way as to restore or preserve the financial ability of the institution and which cannot be alleviated by less drastic means. “Financial ability,” as defined by the College, means the ability to provide from current income, both cash and accrued, the funds necessary to meet current expenses, including current debt payment and reserves, without invading or depleting capital. The Board of Trustees, upon recommendation of the President of the College, who will previously have consulted with the Provost and the Faculty Welfare Committee, shall advise if a financial crisis that meets the criteria of a financial exigency exists and should be declared. The above groups shall also advise the Board of Trustees of suggested options to alleviate this condition. Once the Board of Trustees decides that a financial exigency exits, the President of the College, in consultation with the Provost, the Department Chairs, and the Faculty Welfare Committee, and after receiving approval from the Board of Trustees, shall recommend appropriate action in terms of individual layoff decisions. Layoff decisions resulting from a financial exigency will normally follow the “Order of Layoff” procedures described in paragraph 4.8.5.4. The President of the College and the Board of Trustees have final authority in all matters related to financial exigency after following the procedures listed herein. Order of Layoff within a Department The President of the College, in consultation with the Vice President for Academic Affairs and Dean of Faculty and the Faculty Welfare Committee, shall determine the layoff of specific faculty members in a particular department according to the guidelines outlined below. The President of the College makes the final decision. Such action shall be grounded in educational considerations and attention to maintaining the quality instruction and the programmatic integrity of the academic curriculum should be a primary consideration. In making a decision about ending the appointment of a faculty member, program integrity is paramount. Rank and seniority will also be considered. When qualifications are equal, time of service from the date of original appointment will determine which faculty members are laid off. The original appointment shall mean the date of the first appointment to College service followed by continuous and uninterrupted service within the College up to the time of reduction and abolishment of positions. Authorized leave of absence shall not be deemed an interruption of service within the College. In the event a faculty member believes such date has been incorrectly determined, the faculty member shall so advise the College and indicate the appropriate date. Prior to layoffs, the institution, with faculty participation, will make a demonstrated and documented effort to place the faculty member concerned in another suitable position within the institution. Further, voluntary measures shall be considered, such as the possibility of voluntary, early, or phased retirements. If the institution terminates appointments pursuant to Subsection 4.8.5, it will not at the same time make new appointments except in extraordinary circumstances where a serious distortion in the academic program would otherwise result. Faculty will be laid off according to the following guidelines, except as necessary to avoid distortion of department or academic program integrity: All administrators with faculty rank shall be laid off from teaching within the department, except as necessary to avoid distortion of program integrity. All faculty members with term appointments shall then be eliminated within the department, except as necessary to avoid distortion of program integrity. Next, non-tenure track faculty members shall be terminated within the department, except as necessary to avoid distortion of program integrity. A faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in demonstrated extraordinary circumstances where a distortion of the department or academic program would otherwise result. The recommendation of extraordinary circumstance to the President of the College will be made by the Provost. The Provost shall provide the Faculty and interested parties with appropriate documentation supporting program integrity, as well as rank, degrees, and seniority. General Notice Procedures Regarding Layoff Layoff of Non-Tenured Faculty If the College determines to terminate the appointment of a notice faculty member pursuant to Subsection 4.8.5, the faculty member shall be notified, to the extent feasible, in accordance with the following guidelines: In the case of termination due to financial exigency or enrollment emergency, not fewer than 180 calendar days after the effective date of the financial exigency or enrollment emergency; and In the case of termination due to reorganization, elimination, or curtailment of academic programs of the College, not fewer than 180 calendar days after the effective date of the reorganization, elimination, or curtailment. In all cases, faculty members affected will be able to complete the semester in which notice is given. Layoff of Tenured Faculty If the College determines to terminate the appointment of a tenured faculty member pursuant to Subsection 4.8.5, notice shall be given, to the extent feasible, in accordance with the following guidelines: In the case of financial exigency or enrollment emergency, where short notices and effective action are necessary, all tenured faculty will receive one semester of notice from the date of officially receiving the decision of the Board of Trustees; In the case of a curricular change, including reorganization or discontinuation of a curricular requirement or an academic program in whole or in part, all tenured faculty will receive one year’s notice from the date of officially receiving the decision of the Board of Trustees; Tenured faculty who have been laid off shall be offered a severance package that will include at least one year of salary in remuneration. The College will attempt to, and document efforts to, assist displaced tenured faculty to find employment in industry, government, or in other educational institutions. Content of Notice The notice shall specify the cause of the layoff, provide a summary description of the facts relied on by the College, and reference the faculty member’s right to file an exception or exceptions through Section 4.13. Notice shall be sufficient if placed in the U.S. mail, First Class, postage prepaid, and addressed to the faculty member at the last address provided by the faculty member to the Director of Human Resources. It shall be the duty of a laid off faculty member to keep the College informed of the faculty member’s current address. Transfer Eligibility Faculty members who are laid off will be eligible to transfer to any other vacant position on the faculty for which the faculty member is qualified, subject to the terms and conditions of employment attendant to that position. A faculty member’s qualification for a formally advertised position shall be reviewed by the Vice President for Academic Affairs and Dean of Faculty based on the job description for the position, after consultation with the appropriate Department Chair. A faculty member who exercises the rights accorded under this paragraph and who is determined by the Vice President for Academic Affairs and Dean of Faculty to be qualified shall be eligible for the position over any other applicant except another faculty member exercising eligibility accorded under this paragraph who is also qualified and has greater length of service with the College. Length of service will be equivalent to the years of service credited to the faculty member by the Vice President for Academic Affairs and Dean of Faculty. Re-employment If a faculty member is to be laid off for reasons described in this Subsection 4.8.5, the place of the faculty member concerned will not be filled by a replacement within a period of three years, unless the released faculty member has been offered reappointment under conditions comparable to those held at the time of layoff. A faculty member laid off shall be offered re-employment in the same or similar position provided that the opening occurs within a three- year period and that the faculty member is qualified by fitness and ability. The faculty member must accept such offer, which shall be sent by Certified Mail, within fifteen days after such offer is extended or the College can revoke the offer. Appeals on Layoff If the College issues notice to a particular faculty member of an intention to non-renew or layoff a faculty member because of the reasons discussed in paragraphs 4.8.5.1, 4.8.5.2 and 4.8.5.3, the faculty member will have the right to an appeal pursuant to the grievance procedures set forth in Section 4.13. In such a hearing, the College’s determination that a financial exigency or enrollment emergency exists or that an academic program is to be reduced or discontinued due to educational considerations will be considered presumptively valid; but unlike a typical grievance hearing where the burden of proof rests with the grievant, the burden of proof on whether the procedures in the Layoff Policy were adhered to will rest on the College.</s>
<s>[INST] 2022.02.16 Proposal F (Dismissal) 4.8.5 (SS Comments).txt [/INST] February 16, 2022 To: Faculty Welfare Committee From: Jamie Caridi, Interim President Joe Lane, Provost Bill Kiefer RE: Manual Revision #6 – Proposed Language for new language in section 4.8.6 and 4.13 regarding the appeal of grievances and disputes Purpose: The proposed changes are designed to clarify causes for dismissals as well as to provide for a fair and orderly process for resolving related disputes without lengthy internal processes that may be difficult to complete with current staffing and course of unnecessary conflict and confusion. Proposed Language Dismissal for Cause Dismissal for cause is a severance action by which Bethany College terminates its appointment with the faculty member for cause. Any faculty member is subject to action under this subsection. Dismissal for cause must be directly and substantially related to the fitness of a faculty member to continue their professional capacity. Dismissal shall not be used to restrain a faculty member’s academic freedom. Grounds for Dismissal Dismissal for cause may be effected by the institution in specific circumstances that must be documented. Some examples of “cause” are: Consistent failure to discharge responsibilities, including but not limited to professional incompetence, documented failure to perform expected duties, or repeated failures to comply with institutionally approved improvement plans. Violations of academic freedom of others. Active and voluntary participation in activities deliberately and specifically designed to discredit the College. Obvious and repeated misconduct or failure in the performance of academic duties, in spite of oral and written warnings or development plans. Holding a full-time academic appointment at another academic institution. Serious personal misconduct; including but not limited to committing of a criminal act, harassment or other discriminatory behavior, including violations of the Title IX Policy* of the College, or any federal or state laws related to the prohibition of discrimination Academic misconduct; including but not limited to, plagiarism or theft of intellectual property. Deliberate and serious violation of the rights and freedoms of fellow faculty members, administrators, or students. Statements that may be fairly construed as threats to the safety, rights, and freedoms of fellow faculty members, administrators, students, or members of the community may constitute such a violation. Admission or conviction of a crime related to the faculty member’s fitness to effectively serve as a member of the Bethany College faculty. If the crime is a felony or punishable by incarceration for more than one year are by definition crimes that are to be violative of this clause. Serious failure to follow the professional ethics of the individual’s academic discipline. Falsification of credentials and experience; and/or failure, after oral and written warnings, to follow standards of Bethany College as designated in the Policy Manual. Flagrant violations of or persistent neglect to comply College and/or department policies, procedures, rules, or regulations. Inability to perform an essential functions of the faculty position, given reasonable accommodation if requested pursuant to the College’s ADAA Policy;. Loss of professional licensure if licensure is required for the performance of the faculty member’s duties. Note: The above listing is not intended to be exhaustive. *Allegations of discrimination, harassment, and sexual and gender-based misconduct against a faculty member will be investigated and resolved pursuant to the College’s Title IX Policy. Dismissal Proceedings Removal proceedings may be initiated by the President of the College and the Provost, or the department through its chair. The dismissal action will be preceded by discussion between the faculty member, the chair, and appropriate administrative officers (the faculty member always being involved in the discussions) with the object of finding a mutual settlement. The matter may be terminated by mutual consent at this point. If a resolution does not result, the President of the College shall submit to the faculty member a written statement of charges framed with reasonable particularity. When the above procedure fails to resolve the issue, (except in cases arising under 4.8.6.1 subsection 6, which matters are subject to the College’s Title IX procedure and not this section, or where there has been a determination by trial or guilty plea, plea of nolo contender, or an Allen Plea to a criminal matter, which matters shall not be subject to this section) the President of the College (or designee) or the faculty member may request that the matter be referred to an appropriate arbitrator selected from a list of trained arbitrators from a list provided by the American Arbitration Association or the Federal Mediation and Reconciliation Board. Both the College and the faculty member will provide the arbitrator with requested information and cooperation. The appointed arbitrator will submit their written findings of fact and recommendations to the President and the faculty member. Findings of fact and recommendations will be based solely on the hearing record and the rulings of the arbitrator. The ruling of the arbitrator will be considered final and binding. The President of the College may then accept the ruling of the arbitrator, in which case the process is concluded, or may refer the case to the Board of Trustees for final decision with the full record of the arbitrator’s proceedings and the President’s own recommendation in writing. The faculty member will be provided with a copy of the President’s communication to the Board, and if the faculty member disagrees with the findings, the faculty member may submit to the Board of Trustees a written statement. The Board of Trustees will consider the written record, the findings and recommendations of the arbitrator, the recommendations of the President of the College, and any statement submitted by the faculty member. If the Board decides to remove the faculty member, its decision shall be final and the faculty member’s termination shall be effective on that date of the Board’s decision. If the Board decides against removing the faculty member, it shall reinstate the individual. Unless there has been a finding that deliberate misconduct justified dismissal, the faculty member will receive salary or notice in accordance with the schedule of notice to which the faculty member is entitled under paragraph 4.8.3.2, or if the faculty member has tenure, for no more than one year. If at any point the faculty member should institute legal proceedings, the procedure outlined herein will nonetheless continue to its normal conclusion. Model #1 4.8.6.2 - Dismissal Proceedings Removal of full-time faculty proceedings may be initiated by the President of the College and the Provost or the department through its chair. The dismissal action will be preceded by discussion between the faculty member, the chair, and appropriate administrative officers (the faculty member always being involved in the discussions) with the object of finding a mutual settlement. The matter may be terminated by mutual consent at this point. If a resolution does not result, the President of the College may elect to submit to the faculty member a written statement of charges framed with reasonable particularity. Within five (5) academic days of the President’s submission of charges, the Faculty Welfare Committee shall appoint three full-time tenured faculty members from outside the faculty member’s department to an Ad Hoc Hearing Committee, which shall conduct a hearing during which the faculty member shall be entitled to be present. Service of notice of hearing with specific charges in writing will be made at least ten business days prior to the hearing. The Committee shall adopt procedures that it deems appropriate. No administrative officer or faculty member serving as an administrative officer shall serve on the Ad-Hoc Faculty Hearing Committee. The Faculty will provide for alternatives or for some other means of filling vacancies resulting from disqualification, challenges without stated cause, illness, resignation, or other reason. A member shall self-disqualify for bias or interest. Members of the individual’s department will be deemed to have an interest and therefore will be disqualified to sit as a member of the Committee for a hearing. Each party will have a maximum of two challenges without stated cause. At any time during the Dismissal process, the President of the College may suspend the faculty member, with pay, pending the procedure listed below if (1) immediate harm to the faculty member, the College, or others is threatened by the individual’s continuance or (2) the faculty member’s continued functioning in the position would substantially impair or disrupt the regular functions of the College. Hearings will be conducted in private and the individuals involved will make no public statements during the course of the hearings or thereafter except that nothing in this paragraph shall restrict the right of either party to pursue public legal proceedings against the other or to make statements in the course of those proceedings. A documented and demonstrable effort will be made to obtain the most reliable evidence available; however, the Committee will not be bound by evidentiary rules applicable in courts of law. The Committee may make such rulings and orders as the interests of justice and the College community may require. The determination of the Committee, however, shall have no value as precedent within the College. A verbatim record of the hearing or hearings will be taken and a copy will be made available to the faculty member without charge upon request. A copy of the record will be filed in the Office of the President at the conclusion of the hearing. At the discretion of the Ad-Hoc Faculty Hearing Committee, the testimony may include that of qualified faculty members from this or other institutions of higher education. At the request of the faculty member, the Administration, or the Committee, a representative of a responsible educational association shall be permitted to attend the proceedings as an observer. However, participation by legal counsel at the hearing for either party is not permitted. Within five (5) academic days of conclusion of the hearing, the Ad-Hoc Faculty Hearing Committee will submit its written findings of fact and recommendations to the President and the faculty member. Findings of fact and recommendations will be based solely on the hearing record. The committee report must contain written findings of fact and a recommendation based on the preponderance of the evidence standard . The committee’s written findings of fact and recommendation shall be based on a simple majority vote. Any dissenting opinions will be included with the committee’s written findings of fact and recommendation. Within five (5) academic days after receipt of the committee’s findings and recommendations, the President, using the preponderance of the evidence standard, will issue an independent written decision on the matter, with copies to the committee, the faculty member, and the Provost. If the President concludes that the administration has not established adequate cause for dismissal by the preponderance of the evidence, the matter will be dismissed. If the President concludes that the administration has established adequate cause for a dismissal by the preponderance of the evidence, but that a sanction(s) less than dismissal would be more appropriate, the sanction(s) will be stated in the President’s letter with supporting reasons. If the President concludes that the administration has established adequate cause for dismissal by the preponderance of the evidence, the President’s letter will state the effective date and terms of the dismissal. If the President determines that additional consideration by the committee is necessary, the President will remand the case back to the committee with specifications for further findings and recommendations. In matters where the faculty member is not tenured, the President’s written decision shall be final. In matters involving allegations rendered against a Tenured Faculty member, the President’s letter will include text indicating that the faculty member may file an appeal with the Board of Trustees within ten (10) working days of delivery. Notes: The Provost, after consultation with the affected faculty member, may modify the timelines set forth above in extraordinary circumstances and for good cause shown to achieve a full and fair evaluation or resolution of the matter. In addition, the timeframes provided above may be extended by the Provost for good cause based on factors such as, but not limited to, schedule and availability of witnesses, holidays or semester breaks, etc. If at any point the faculty member should institute legal proceedings, the procedure outlined above will nonetheless continue to its normal conclusion. Appeal to Board of Trustees If a tenured faculty member elects to file an appeal with the Board, the President will transmit the faculty member’s written request, as well as the record of the case, to the Chair of the Board of Trustees. The tenured faculty member’s written request for review by the Board of Trustees must be based on one or more of the following reasons: Material procedural irregularity governing the termination for cause process as specified in this Volume IV of the Policy Manual; and/or Inadequate consideration of evidence. Determining whether “inadequate consideration” was given refers to procedural rather than to substantive issues. Inadequate consideration occurs if the hearing committee or President (i) violated the stated procedures for including relevant evidence or using that evidence as a basis for judgment in the review and (ii) it is reasonably probable that a result more favorable to the appellant would have been reached had adequate consideration been given to the proper evidence. Alternatively, inadequate consideration occurs when a decision is not supported by substantial evidence in the record. The Board of Trustees’ review (or committee thereof) will be based on the record of the committee recommendation and the President’s decision. The Board of Trustees’ review (or committee thereof) will endeavor to render a final decision on the matter within 15 working days of receipt of the appeal. If the Board decides to remove the faculty member, its decision shall be final and the faculty member’s termination shall be effective on that date of the Board’s decision. If the Board decides against removing the faculty member, it shall reinstate the individual. If, in reviewing the matter, the Board of Trustees (or committee) determines that there is need for additional evidence, it may return the case to the ad hoc hearing committee for further consideration. If remanded, the Board of Trustees (or committee) shall make a final decision whether to reverse or modify the termination after considering the revised report of the ad hoc hearing committee. Throughout this process, the VPAA may serve as adviser to the Board of Trustees if the Board so desires. The President of the College will then refer the case to the Board of Trustees for final decision with the President’s own recommendation in writing. The faculty member will be provided with a copy of the President’s recommendation. If the faculty member disagrees with the findings, the faculty member may submit to the Board of Trustees a written statement. The Board of Trustees will consider the written record, the findings and recommendations of the Committee, the recommendations of the President of the College, and any statement submitted by the faculty member. If the Board decides to remove the faculty member, its decision shall be final and the faculty member’s termination shall be effective on that date of the Board’s decision. If the Board decides against removing the faculty member, it shall reinstate the individual. Unless there has been a finding that deliberate misconduct justified dismissal, the faculty member will receive salary or notice in accordance with the schedule of notice to which the faculty member is entitled under paragraph 4.8.3.2, or if the faculty member has tenure, for at least one year. On the recommendation of the Ad-Hoc Faculty Hearing Committee and/or the President of the College, the Board of 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. The Committee may, as the result of its deliberations, recommend suspension for a stated period with an appropriate reduction in salary as a legitimate lesser measure than dismissal. If the report of the Committee does not recommend dismissal or other disciplinary action, and if the President of the College does not disagree with the Committee’s report, the findings of the Committee will be accepted as final and the President will give notice to the faculty member of such determination. If at any point the faculty member should institute legal proceedings, the procedure outlined herein will nonetheless continue to its normal conclusion. Model #2 As noted in my email. I developed a streamlined policy for the University of St. Thomas recently. Please see Section 3.7.4 in the following link: https://www.stu.edu/wp-content/uploads/2020/10/Faculty-handbook-final-2020.pdf. If the College would like to consider this model, please let me know and I will tailor the policy to Bethany. Grievance Policy Procedures Step 1 The person considered to be the aggrieved party (the complainant) shall bring the matter to the attention of the person or committee considered to be causing the grievance (the respondent) by initiating a discussion of the issues involved. Should this discussion fail to resolve the issues in dispute, the complainant may seek resolution by referring the grievance to the respondent’s immediate supervisor. When the respondent is a committee of the faculty, the respondent’s immediate supervisor is considered to be the Vice President for Academic Affairs and Dean of Faculty. If the respondent is the President of the College, the grievance may be submitted at this point to the Faculty Welfare Committee (as outlined in Step 3). The discussion required in this paragraph shall be documented by a dated written response from the respondent within 10 days following the discussion between complainant and respondent on the grievance. Step 2 The complainant’s presentation of the grievance to the respondent’s supervisor must be in writing and must be delivered within 10 days of receipt of the dated written response from respondent referred to in 4.13.2.1 Step 1 above. A copy of this document must also be delivered to the respondent. The presentation shall explain the nature of the dispute and its significance and request intervention by the supervisor. Supporting materials may be attached. Within three days of receiving the copy of this document, the respondent may also write to the supervisor responding to the complainant's presentation. After reviewing the written presentations, the supervisor may seek additional information from the parties involved or from other College personnel. Within ten days of receiving the complainant’s presentation, the supervisor must decide on the issues and present to the parties involved a written statement of the decision and the reasons for it. If the complainant is not satisfied with the decision, a request may be made to appoint an arbitrator to adjudicate the dispute. The arbitrator should be selected from a list from a list provided by the American Arbitration Association or the Federal Mediation and Reconciliation Board. The arbitration should be scheduled as soon as possible, but no later than the date on which the request is communicated to the President of Bethany College. .Step 3 The appointed arbitrator is to make a recommendation for the final disposition of the grievance within two weeks of the conclusion of any hearings or consideration they deem appropriate. A report from the arbitrator is to be transmitted to the President of the College. The report is to include the statement of findings and recommendations in written form, all materials collected on the matter, the file of documents collected during consideration of the matter, and the recording of any testimony offered to the arbitrator. Copies of the statement of findings and recommendations are to be transmitted at the same time to the complainant and respondent. .Step 4 The final disposition of the grievance is to be made by the President of the College within ten days of receiving the report from the arbitrator. The President’s decision to accept or revise the decision of the arbitrator is to be formulated in writing. Copies are to be transmitted to the complainant and the respondent. The decision of the President of the College may be appealed to the Board of Trustees. The Board of Trustees will consider the written record, the findings and recommendations of the arbitrator, the recommendations of the President of the College, and any statement submitted by the faculty member. The decision of the Board is binding and final. The recorded proceedings of the hearing and all written documents pertaining to the arbitration of a grievance in the possession of the President of the College at the time the final disposition of the grievance is made are to be filed in the President’s Office for a period of seven years, and then destroyed.</s>
<s>[INST] 2022.02.16 Proposal G 4.11.1 (SS Comments).txt [/INST] February 16, 2022 To: Faculty Welfare Committee From: Jamie Caridi, Interim President Joe Lane, Provost Bill Kiefer RE: Manual Revision #7 – Proposed Language for new language in section 4.11.1. regarding teaching loads Purpose: The proposed changes are meant to clarify and provide flexibility in the calculation of teaching load to allow more flexibility in the assignment of instructors to a variety of duties and support faculty members who carry heavy student credit hour teaching loads. Proposed Language 4.11Faculty Workload and Working Conditions Policies Faculty Workload Policies Normal Teaching Assignments Full-time members of the faculty normally expected to carry a teaching load equivalent to 10-12 credit-hours of instruction each semester. Faculty members who teach two semesters per year on nine-month contracts are normally expected to complete 21-24 credit hours each contract year. Faculty members who teach three semester per year on a twelve-month contract are generally expected to complete 32-34 credit hours each contract year. Credit hours within range should reflect substantive courses taught. Normally, sections with fewer than five students enrolled may not be considered a full course. In disciplines in which lower enrollment courses are necessary at the 300- and 400-level, average class sizes may be considered. Normally, faculty members with fewer than 120 student credit hours taught per semester (a threshold which may be pro-rated if the assigned course load is lower for administrative duties) are normally not eligible for overload pay. As part of the teaching load, the faculty member will be expected to undertake, relative to the faculty member’s academic rank and professional goals, the following activities: Academic advising activities; College service activities, including but not limited to: Active membership on a standing committee or task force; and Attendance at college and department faculty meetings. Community service activities. Scholarly, creative, and professional activities. Additionally, this normal teaching load also includes supervising senior projects and directing independent studies. The principal factors considered in determining the teaching loads of individual faculty members are general College needs, curricular needs of the students, department needs, faculty interests, total number of preparations, and number of students enrolled in courses. The Provost may authorize reductions of the teaching load in writing on a probationary basis for new faculty members in their first year of hire as well as for faculty members assigned specific administrative, recruiting, or advising duties that are determined to be equivalent in contractual non-classroom activities. The formula for determining teaching credit hours for laboratory courses will be 1 credit hour for each section the faculty member supervises and ½ credit hour for each in-class hour beyond one hour that course normally meets per week. E.g., A lab normally scheduled for three hours per week will count as 2 credit hours taught. When an equivalency is not pre-established, the Provost, after receiving and considering the recommendation of the appropriate Department Chair, and in consultation with the INSERT NAME OF FACULTY Committee, determines teaching equivalencies for service load assignments according to the following considerations: The number of student contact hours and extent of faculty preparation required; The number of student course credits generated; Curricular requirements in effect, such as internships, practicums, and field experiences; Standards promulgated by accrediting agencies, professional organizations, or disciplinary bodies; and Responsibility for organized instructional activities. Teaching Overload Occasionally a member of the full-time faculty may teach a course which increases the teaching load beyond twelve credit-hours in a semester. This is permissible with the written recommendation of the Chair of the department in which the course is offered and the written approval of the Provost. Faculty overloads are calculated on the same basis as are normal loads. Overloads (and underloads) may be offset by agreement with the Provost to correct the balance in a specifically designated future semester. When the needs of the College require that a course be assigned to a member of the faculty beyond the normal teaching load (and the faculty member agrees), the Provost will authorize additional compensation for the excess beyond the normal twelve credit-hours at the standard rate at the time. Currently the standard rate is $1000 per credit-hour. Normally, faculty members who receive release time for administrative duties and other duties should not be simultaneously combined with overload pay.</s>
<s>[INST] 2022.10.13 Clean Copy.txt [/INST] </s>
<s>[INST] 2nd Draft Rewrite of Termination Due to Financially Contingent Situations.txt [/INST] Termination Due to Financially Contingent Situations and Resource Allocation Termination of a tenured faculty member or, prior to the end of the term of appointment, of a tenure-track faculty member may occur because of the declaration of a financially contingent situation as described below. Criteria The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness and Marketability, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction and reorganization, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness and Marketability, and Quality. The objective must be to arrive at wise judgments. MISSION Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Ohio Wesleyan's liberal arts heritage? Is it essential in serving other programs? COST EFFECTIVENESS & MARKETABILITY Attentiveness to the cost effectiveness and marketability of programs and services is a key characteristic of a well-run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short-term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. The following non-prescriptive questions related to cost effectiveness and marketability must be asked: What is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service a "native recruiter?" Is it duplicative? What is the present and future demand for the program among existing and potential student populations as measured by internal data sets (e.g., enrollments, numbers of majors, programs served, etc.), labor market projections, external stakeholder feedback, and national and state policy/economic projections and placement data? QUALITY Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and faculty staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its staff faculty generally perceived by Faculty (staff, where non-academic services may be involved), students, and alumni to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the staff faculty versatile as well as strong? The guidelines of Mission, Cost Effectiveness and Marketability, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions. Making Contingency Decisions If financially contingent situations require reductions in personnel and/or academic departments or programs resulting in the termination of faculty appointments or services , the University will balance a need for timely action with the need for shared decision-making. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students, before making a recommendation to the Board of Trustees as follows: Determination of Financial Contingent Situation The Board of Regents is solely authorized to determine that a financial contingent situation exists or is imminent. Such decision shall be made only after a presentation of relevant financial data by the President to the Committee of University Governance (UGC) that a financial contingent situation exists or is imminent and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of tenured faculty positions. Framing of Proposal to Address Financial Contingent Situation Responsibility for framing a proposal for program or services and/or personnel reductions to deal with a financially contingent situation will rest with the President. The proposal, when it pertains to academic programs and/or personnel, will be referred to the Committee on Academic Programs as to curricular impact, to the Academic Planning and Allocation Committee as to the implications for the academic plan, to the Faculty Personnel Committee as to personnel implications, and to the affected programs. When the proposal pertains to non-academic programs, services, and/or personnel, it will be forwarded to the Governance Committee and the Senior Leadership Team Cabinet for consideration. These bodies will hold hearings as part of their deliberations. At the discretion of the President, an advisory student committee may also be created. These groups will severally consider the proposal(s) and in doing so may consult widely with faculty, students, and, where appropriate, with staff. They are to complete their deliberations within 30 calendar days of receipt of the President's proposal(s) and report their findings and recommendations to the President immediately upon finishing their deliberations. They may recommend acceptance, alteration, or otherwise, of the President's proposal(s). If and when they are unable to achieve concurrence with the President, and the President yet judges that reductions must be made, the President will report to the Board of Trustees the proposed course of action. If there is a difference of views between the President and the committees, the President will ensure that the committees' proposals are forwarded to the Trustees with the President’s proposal(s). The Board of Trustees retains ultimate authority for approving proposals as to program and position reductions and terminations responding to a financially contingent situation. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. In the event that the Board of Trustees declares that a financial contingent situation exists or is imminent, the President shall be responsible for framing a proposal for addressing the situation. If the proposal might require reductions in academic departments or interdisciplinary programs and the termination of faculty positions, the President, prior to framing the proposal, shall engage in an extensive academic program review process. Academic Program Review Process Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a set of common quantitative data for all academic programs at the University showing trends in course enrollments, student credits delivered, graduated majors, declared majors, direct instructional expense, and other performance metrics agreed upon by Academic Affairs, Academic Planning and Allocation Committee (APAC), and UGC. The data will be made available transparently to all faculty through appropriate means such as live data dashboards. Step 2. Following the publication of the data, each academic department and interdisciplinary program will be charged by Academic Affairs to complete self-studies, following criteria set by APAC. Step 3. Following receipt of the department and program self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President. Step 4. The President shall convene a Joint Committee comprised of eight faculty members, six of which are elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) and two of which are appointed by the President from individuals serving on each of the following faculty committees: UGC, Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and APAC. In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. After considering the department self-studies and APAC report, the Joint Committee shall: Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors; Identify opportunities for program enhancement; and Suggest the optimal configuration of departments and interdisciplinary programs. In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs, and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program. The President, in consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President. Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected programs identified in the proposal, each of which will have the opportunity to hold hearings over a 30-day period. The manner in which the hearings are held are at the discretion of the respective committees. Step 6. Following the hearings, the respective committees and programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If consensus can be reached regarding the final proposal, the President will forward to the Board of Trustees a final report reflecting that consensus. If consensus cannot be reached, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and program. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation. Step 7. If the Board approved plan includes the discontinuation, reduction, and/or reconfiguration of departments, interdisciplinary programs, majors, and minors, FPC, in consultation with the Provost, shall recommend to the President which individual positions, and therefore appointments, should be terminated. In developing recommendations, the committee will be guided by following sequence: Consideration of faculty attrition resulting from resignation, retirement, or other severance actions. Termination of Part-time and Visiting faculty positions within the affected department(s) or interdisciplinary program(s). Termination of tenure-track and/or tenured positions within the affected department(s) or interdisciplinary program(s). In the case of a reduction of a department or interdisciplinary program, as opposed to a discontinuation, the appointment of a faculty member with tenure within the same department or program will not be terminated in favor of retaining a full-time tenure-track faculty member, except in circumstances where a serious distortion of the department or interdisciplinary program would otherwise result. In making recommendations, the following criteria, in no particular order of priority, will be considered by FPC: Education and professional credentials; The length of the faculty member’s service to the University; The quality of the faculty member’s service to the University; The abilities of the individual faculty member in relation to the needs of the University and the potentially affected department or interdisciplinary program. Step 8. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below. Step 9. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. Notification Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal. In all cases of termination of appointment because of financial exigency, full-time non-tenure faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1. Appeals If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to file a grievance in accordance with Section 3.14.3. The issues in this hearing may include the following: The existence and extent of the condition of financial exigency. The burden will rest on the administration to prove the existence and extent of the condition. The findings of a faculty committee in a previous proceeding involving the same issue may be introduced. The validity of the educational judgments and the criteria for identification for termination; but the recommendations of a faculty committee on these matters will be considered presumptively valid. Whether the criteria are being properly applied in the individual case. Reassignment and Retraining Subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), tenured and tenure track faculty members in positions to be eliminated will be considered for suitable vacancies at the University in administrative or teaching positions. See Section 3.13.5.1 below. Reinstatement Rights When a tenured faculty position is terminated for a financial contingent situation, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.</s>
<s>[INST] 2nd DRAFT TITLE IX.txt [/INST] </s>
<s>[INST] 2nd Pre-Draft Table of Contents.txt [/INST] Table of Contents CHAPTER ONE: UNIVERSITY GOVERNANCE 1 1.1 Code of Regulations of the Trustees of the Ohio Wesleyan University 1 1.2 The Faculty – Faculty Bylaws and Descriptions of Faculty Committees 2 1.2.1 Faculty Bylaws 2 1.2.2 Descriptions of Faculty Committees 6 1.3 Academic Departments and Department Chairs 18 1.3.1 Contractual Obligations of Department Chairs 18 1.4 Amendments to the Faculty Handbook 18 2 CHAPTER TWO: FACULTY PERSONNEL POLICIES 19 2.1 Preamble and General Policy 19 2.1.1 Faculty Committee Advice 20 2.1.2 Sanction of Board of Trustees 20 2.2 Kinds of Faculty Positions 20 2.2.1 Tenure Track Faculty 21 2.2.2 Term Faculty 21 2.2.3 Adjunct Professors 22 2.2.4 Administrative Faculty 23 2.2.5 Professional Librarians 23 2.2.6 Honorific Faculty 23 2.3 Kinds of Appointments 24 2.3.1 Full-time Appointments 25 2.3.2 Part-time Appointments 26 2.4 Faculty Contracts 32 2.4.1 Annual Contract Period 32 2.4.2 Contract Terms 32 2.4.3 Area of Appointment 32 2.4.4 Joint Appointments 33 2.5 Faculty Recruitment, Initial Appointment, and Placement in Rank 34 2.5.1 Rank and Salary of Initial Appointment 34 2.5.2 Faculty Credentials 34 2.5.3 Appointment of Foreign Nationals 34 2.5.4 External Candidate Appointed as Provost and Granted Tenure with That Appointment 34 2.6 Faculty Rights and Standards of Professional Conduct 35 2.6.1 Academic Freedom 35 2.6.2 Professional Ethics 36 2.6.3 Statement on Plagiarism 37 2.6.4 Observance of University Policies 37 2.6.5 Conflict of Interest – Faculty Specific Activities 38 2.6.6 Outside Activities 39 2.6.7 Faculty-Student Relationships 41 2.6.8 Prohibition of Harassment and Unlawful Discrimination 41 2.6.9 Violations of Faculty Rights, Academic Freedom and Professional Ethics 42 2.7 Contractual Obligations of a Faculty Member 42 2.7.1 Teaching 42 2.7.2 Scholarly or Creative Work Contributions 48 2.7.3 Service to the University and Community 48 2.7.4 Contributions to Diversity, Equity, and Inclusion 48 2.8 Personnel Records 49 2.9 Faculty Evaluation 50 2.9.1 Evaluation Criteria for Personnel Decisions 50 2.9.2 Evaluation Components and Review Materials 55 2.9.3 Annual Evaluation for Reappointment 59 2.9.4 Evaluation for Tenure 64 2.9.5 Evaluation for Promotion 68 2.9.6 Evaluation for Merit Increments 70 2.9.7 Faculty Personnel Committee Minutes 70 2.10 Faculty Professional Development 70 2.10.1 Pre-Tenure Regular Paid (Sabbatical) Leave for Full-Time Faculty 70 2.10.2 Regular Paid Leaves (Sabbatical) for Tenured Full-Time Faculty 71 2.10.3 Special Released Time for Scholarly Production 72 2.10.4 Retraining Leaves 73 2.10.5 Professional Development Leave Without Pay 73 2.10.6 Assistance With Travel and Other Professional Expenses 74 2.11 Faculty Awards for Teaching and Scholarly or Artistic Achievement 75 2.11.1 The Welch Meritorious Teaching Award 75 2.11.2 The Sherwood Dodge Shankland Award for Encouragement of Teachers 76 2.11.3 The Welch Award for Scholarly or Artistic Achievement 77 2.12 Faculty Compensation, Benefits, and Leaves 77 2.12.1 Salary 77 2.12.2 Benefits 78 2.12.3 Faculty Leaves 85 2.13 Separation from Service 86 2.13.1 Retirement and Voluntary Separation 86 2.13.2 Nonrenewal of Appointment 86 2.13.3 Policies and Procedures Governing Dismissal For Cause 86 2.13.4 Policies and Procedures Governing Imposition of Sanctions Other than Dismissal for Cause* 90 2.13.5 Termination 91 2.14 Faculty Grievances 96 3 Chapter Three: Part-time Faculty Personnel Policies 99 3.1 Preamble and General Policy 99 3.2 Academic Titles for Part-Time Faculty 99 3.3 Recruitment and Initial Appointment of Part-Time Faculty 99 3.3.1 Establishment of Need for Part-Time Faculty 99 3.4 Terms of Part-Time Appointments 99 3.5 Rights and Privileges of Part-Time Faculty 105 4 Chapter Four: Allocation and Review of Faculty Positions 105 4.1 Preamble and General Policy 105 4.2 Initial Authorization of Positions 106 4.3 Re-authorization of Vacant Positions 106 4.4 Review of Tenure Track Positions 106 4.5 Faculty Selected for Administrative Positions 108 Appendices 111 Appendix A: Faculty Personnel Forms 111 Appendix B: Guidelines for Allocation and Review of Faculty Positions 111 Appendix C: Diversity, Equity, and Inclusion Policy 111 Appendix D. Policy Statement on Appointment of Librarians 111</s>
<s>[INST] 3rd Draft Rewrite of Termination Due to Financially Contingent Situations.Rock's Edits and Questions.txt [/INST] Termination Due to Financially Contingent Situations and Resource Allocation Termination of a tenured faculty member or, prior to the end of the term of appointment, of a tenure-track faculty member may occur because of the declaration of a financially contingent situation as described below. Criteria The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness and Marketability, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction and reorganization, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness and Marketability, and Quality. The objective must be to arrive at wise judgments. MISSION Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Ohio Wesleyan's liberal arts heritage? Is it essential in serving other programs? COST EFFECTIVENESS & MARKETABILITY Attentiveness to the cost effectiveness and marketability of programs and services is a key characteristic of a well-run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short-term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. The following non-prescriptive questions related to cost effectiveness and marketability must be asked: What is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service a "native recruiter?" Is it duplicative? What is the present and future demand for the program among existing and potential student populations as measured by internal data sets (e.g., enrollments, numbers of majors, programs served, etc.), labor market projections, external stakeholder feedback, and national and state policy/economic projections and placement data? QUALITY Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and faculty staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its staff faculty generally perceived by Faculty (staff, where non-academic services may be involved), students, and alumni to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the staff faculty versatile as well as strong? The guidelines of Mission, Cost Effectiveness and Marketability, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions. Making Contingency Decisions If financially contingent situations require reductions in personnel and/or academic departments or programs resulting in the termination of faculty appointments or services , the University will balance a need for timely action with the need for shared decision-making. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students, before making a recommendation to the Board of Trustees as follows: Determination of Financial Contingent Situation The Board of Trustees is solely authorized to determine that a financial contingent situation exists or is imminent. The President shall present relevant financial data to and consult with the Committee of University Governance (UGC) that a financial contingent situation exists or is imminent, and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of faculty positions. Framing of Proposal to Address Financial Contingent Situation Responsibility for framing a proposal for program or services and/or personnel reductions to deal with a financially contingent situation will rest with the President. The proposal, when it pertains to academic programs and/or personnel, will be referred to the Committee on Academic Programs as to curricular impact, to the Academic Planning and Allocation Committee as to the implications for the academic plan, to the Faculty Personnel Committee as to personnel implications, and to the affected programs. When the proposal pertains to non-academic programs, services, and/or personnel, it will be forwarded to the Governance Committee and the Senior Leadership Team Cabinet for consideration. These bodies will hold hearings as part of their deliberations. At the discretion of the President, an advisory student committee may also be created. These groups will severally consider the proposal(s) and in doing so may consult widely with faculty, students, and, where appropriate, with staff. They are to complete their deliberations within 30 calendar days of receipt of the President's proposal(s) and report their findings and recommendations to the President immediately upon finishing their deliberations. They may recommend acceptance, alteration, or otherwise, of the President's proposal(s). If and when they are unable to achieve concurrence with the President, and the President yet judges that reductions must be made, the President will report to the Board of Trustees the proposed course of action. If there is a difference of views between the President and the committees, the President will ensure that the committees' proposals are forwarded to the Trustees with the President’s proposal(s). The Board of Trustees retains ultimate authority for approving proposals as to program and position reductions and terminations responding to a financially contingent situation. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. In the event that the Board of Trustees declares that a financial contingent situation exists or is imminent, the President shall be responsible for framing a proposal for addressing the situation. If the proposal might require reductions in academic departments or interdisciplinary programs and the termination of faculty positions, the President, prior to framing the proposal, shall engage in an extensive academic program review process. Academic Program Review Process Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a set of common quantitative data for all academic programs at the University showing trends in course enrollments, student credits delivered, graduated majors, declared majors, direct instructional expense, and other performance metrics agreed upon by Academic Affairs, Academic Planning and Allocation Committee (APAC), and UGC. The data will be made available transparently to all faculty through appropriate means such as live data dashboards. Step 2. Following the publication of the data, each academic department and interdisciplinary program will be charged by Academic Affairs to complete self-studies, following criteria set by APAC. Step 3. Following receipt of the department and program self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President. Step 4. The President shall convene a Joint Committee comprised of eight faculty members, six of which are elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: UGC, Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and APAC; and two of which are appointed by the President from the tenure-line faculty. In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. From the faculty membership, the President shall appoint the convener of the Joint Committee. After considering the department self-studies and APAC report, the Joint Committee shall: Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors; Identify opportunities for program enhancement; and Suggest the optimal configuration of departments and interdisciplinary programs. In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs, and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program. The President, following consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President. Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected departments and interdisciplinary programs identified in the proposal. Each committee and affected department and interdisciplinary program will have a 30-day period to develop their recommendations to the President. The manner in which the committees and affected departments and interdisciplinary programs arrive at their recommendations is at their respective discretion. Step 6. Following the hearings, the respective committees and affected departments and interdisciplinary programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If consensus can be reached among the respective committees and programs and Presidents regarding the final proposal, If the President adopts the recommendations, the President will incorporate them into the final plan submitted to the Board of Trustees. If the President does not adopt the recommendations, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and affected departments and interdisciplinary programs. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation. Step 7. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below. Step 8. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. Priorities In making recommendations and final decisions on individual faculty reductions in accordance with the Academic Program Review Process procedures above, the following sequence and criteria shall apply: Sequence: Consideration of faculty attrition resulting from resignation, retirement, or other severance actions. Termination of Part-time and Visiting faculty positions within the affected department(s) or interdisciplinary program(s). Termination of tenure-track and/or tenured positions within the affected department(s) or interdisciplinary program(s). The appointment of a faculty member with tenure within the same department or program will not be terminated in favor of retaining a full-time tenure-track faculty member, except in circumstances where a serious distortion of the department or interdisciplinary program would otherwise result. Criteria: The qualifications of faculty members as documented in official personnel files and as judged relative to the needs of the University and the potentially affected department or interdisciplinary program Given relatively equal standing as determined in a above, seniority as determined by length of service at the University Notification Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal. In all cases of termination of appointment because of financial contingency, full-time non-tenure faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1. Appeals If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial contingency, the faculty member will have the right to file a grievance in accordance with Section 3.14.3. The issues in this hearing may include the following: The existence and extent of the condition of financial contingency. The burden will rest on the administration to prove the existence and extent of the condition. The findings of a faculty committee in a previous proceeding involving the same issue may be introduced. The validity of the educational judgments and the criteria for identification for position elimination; but the recommendations of the Joint Committee or the faculty committees to the President on these matters during the Academic Program Review Process will be considered presumptively valid. Whether the criteria are being properly applied in the individual case. Reassignment and Retraining Subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), tenured and tenure track faculty members in positions to be eliminated will be considered for suitable vacancies at the University in administrative or teaching positions. See Section 3.13.5.1 below. Reinstatement Rights When a tenured faculty position is terminated for a financial contingent situation, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.</s>
<s>[INST] 4th Draft Rewrite of Termination Due to Financially Contingent Situations.Rock's Edits and Questions.txt [/INST] Termination Due to Financially Contingent Situations and Resource Allocation Termination of a tenured faculty member or, prior to the end of the term of appointment, of a tenure-track faculty member may occur because of the declaration of a financially contingent situation as described below. Criteria The criteria to be employed in financially contingent situations in allocating resources to University programs and services fall under three headings: Mission, Cost Effectiveness and Marketability, and Quality. These will at times compete and at other times converge. If and when Ohio Wesleyan University meets contingencies that require institutional contraction and reorganization, these sets of criteria will be used in complementary fashion as guidelines. The order of their enumeration should not be taken to indicate their order of priority. Neither should it be presumed that all three will be weighed equally in making particular decisions. Particular circumstances may encourage the assignment of greater weight to one or another in particular cases, even though in financially contingent situations it is to be expected that fiscal pressure may emphasize reference to the criterion of cost effectiveness. What is important is that the campus community, in considering contingency reductions, identify and grapple directly with what are likely to be very difficult choices from among options that all carry significant costs and/or benefits in terms of Mission, Cost Effectiveness and Marketability, and Quality. The objective must be to arrive at wise judgments. MISSION Because Ohio Wesleyan University is a specific private university with a specific heritage, a major consideration associated with any reduction or change in size will be to preserve its essential character by maintaining those programs and activities judged to be more central to that character. To do so will require reference to several questions. How closely does the program or service in question fit the stated mission of Ohio Wesleyan University? How importantly does it contribute toward a non-curricular campus ambience vital to Ohio Wesleyan's liberal arts heritage? Is it essential in serving other programs? COST EFFECTIVENESS & MARKETABILITY Attentiveness to the cost effectiveness and marketability of programs and services is a key characteristic of a well-run institution. Cost-effectiveness must be one guideline in determining staffing levels and whether or not to maintain programs or services. The University must therefore be sensitive to the constituencies it serves and to their preferences. While Ohio Wesleyan cannot mindlessly add or subtract staff or programs or services to track short-term fluctuations in cost effectiveness, neither can it ignore longer term or more profound shifts as it decides which subject areas, programs, or services to maintain and at what staffing levels. The following non-prescriptive questions related to cost effectiveness and marketability must be asked: What is the relationship between direct expenses and revenues in a given area? What is the actual and relative cost of a graduation unit (or, in the case of non-academic areas, other service unit)? What is the trend line for both, and for enrollments and student/staff ratio? Is the program or service a "native recruiter?" Is it duplicative? What is the present and future demand for the program among existing and potential student populations as measured by internal data sets (e.g., enrollments, numbers of majors, programs served, etc.), labor market projections, external stakeholder feedback, and national and state policy/economic projections and placement data? QUALITY Since the primary purpose of Ohio Wesleyan University is to provide excellent instruction in the liberal arts and selected career options, and comparable quality in non-academic services, it must consider program or service quality in making program, service, and faculty staffing decisions. In dealing with any financially contingent situation, it will seek to retain its best personnel, programs, and services, as one top priority. It will strive to adjust programs and services and retain or retrain individuals so as to maintain the best possible teaching and learning environment. Major issues associated with this guideline are complex and difficult. Among them are the following: Is the program or service and its staff faculty generally perceived by Faculty (staff, where non-academic services may be involved), students, and alumni to be of high quality? Do students, in or associated with it, perform throughout the University at average or higher levels? Is the staff faculty versatile as well as strong? The guidelines of Mission, Cost Effectiveness and Marketability, and Quality are contradictory. Any one of them used exclusively could lead to very serious imbalances in the focus and operation of the University. Recognition that each of these three needs to be considered and that each provides an outward boundary for the decision process will encourage an intelligent and equitable response to financially contingent situations as well as to ordinary conditions. Making Contingency Decisions If financially contingent situations require reductions in personnel and/or academic departments or programs resulting in the termination of faculty appointments or services , the University will balance a need for timely action with the need for shared decision-making. In both determining whether such a situation exists and in shaping difficult decisions that contingencies might require, the President will engage in extensive consultation with appropriate faculty committees, administrators, and where conditions allow, students, before making a recommendation to the Board of Trustees as follows: Determination of Financial Contingent Situation The Board of Trustees is solely authorized to determine that a financial contingent situation exists or is imminent. The President shall present relevant financial data to and consult with the Committee of University Governance (UGC) that a financial contingent situation exists or is imminent, and that reasonable means for coping with the situation have been exhausted without resorting to the elimination of faculty positions. Framing of Proposal to Address Financial Contingent Situation Responsibility for framing a proposal for program or services and/or personnel reductions to deal with a financially contingent situation will rest with the President. The proposal, when it pertains to academic programs and/or personnel, will be referred to the Committee on Academic Programs as to curricular impact, to the Academic Planning and Allocation Committee as to the implications for the academic plan, to the Faculty Personnel Committee as to personnel implications, and to the affected programs. When the proposal pertains to non-academic programs, services, and/or personnel, it will be forwarded to the Governance Committee and the Senior Leadership Team Cabinet for consideration. These bodies will hold hearings as part of their deliberations. At the discretion of the President, an advisory student committee may also be created. These groups will severally consider the proposal(s) and in doing so may consult widely with faculty, students, and, where appropriate, with staff. They are to complete their deliberations within 30 calendar days of receipt of the President's proposal(s) and report their findings and recommendations to the President immediately upon finishing their deliberations. They may recommend acceptance, alteration, or otherwise, of the President's proposal(s). If and when they are unable to achieve concurrence with the President, and the President yet judges that reductions must be made, the President will report to the Board of Trustees the proposed course of action. If there is a difference of views between the President and the committees, the President will ensure that the committees' proposals are forwarded to the Trustees with the President’s proposal(s). The Board of Trustees retains ultimate authority for approving proposals as to program and position reductions and terminations responding to a financially contingent situation. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. In the event that the Board of Trustees declares that a financial contingent situation exists or is imminent, the President shall be responsible for framing a proposal for addressing the situation. If the proposal might require reductions in academic departments or interdisciplinary programs and the termination of faculty positions, the President, prior to framing the proposal, shall engage in an extensive academic program review process. Academic Program Review Process Step 1: The initial step in the Academic Program Review process will be the development by the Office of Institutional Effectiveness of a set of common quantitative data for all academic programs at the University showing trends in course enrollments, student credits delivered, graduated majors, declared majors, direct instructional expense, and other performance metrics agreed upon by Academic Affairs, Academic Planning and Allocation Committee (APAC), and UGC. The data will be made available transparently to all faculty through appropriate means such as live data dashboards. Step 2. Following the publication of the data, each academic department and interdisciplinary program will be charged by Academic Affairs to complete self-studies, following criteria set by APAC. Step 3. Following receipt of the department and program self-studies, APAC will evaluate each department in relation to Mission, Cost-Effectiveness and Marketability, and Quality (see above) and issue a report to the President. Step 4. The President shall convene a Joint Committee comprised of eight faculty members, six of which are elected by the faculty (or appointed by the Executive Committee if an election is unsuccessful) from individuals serving on each of the following faculty committees: UGC, Faculty Personnel Committee (FPC), Committee on Academic Programs (CAP), and APAC; and two of which are appointed by the President from the tenure-line faculty. In addition, the Joint Committee shall include the Provost and appropriate academic administrators responsible for data and curriculum as designated by the Provost. From the faculty membership, the President shall appoint the convener of the Joint Committee. After considering the department self-studies and APAC report, the Joint Committee shall: Develop recommendations for the appropriate number and size of departments and interdisciplinary programs, as well as the appropriate number of majors and minors; Identify opportunities for program enhancement; and Suggest the optimal configuration of departments and interdisciplinary programs. In addressing these areas, the committee’s recommendations may include (a) the discontinuation and/or reduction of departments, interdisciplinary programs, majors, and minors; (b) the elimination of faculty positions; (c) recommendations about reconfiguring departments, interdisciplinary programs, majors, and minors by reassigning positions; (d) enhancement of programs, and (e) changes in policies and procedures that would improve the functioning or efficiency of the academic program. The President, following consultation with the Executive Committee of the Faculty, will determine the date by which the Joint Committee’s recommendations to the President must be provided. Following its deliberations, the Joint Committee shall issue its formal recommendations in writing to the President. Step 5. The President will review the Joint Committee report and issue a written proposal to the members of the faculty addressing the financially contingent situation. The President’s written proposal will also be referred to CAP as to curricular impact, to APAC as to the implications for the academic plan, to the FPC as to personnel implications, and to the affected departments and interdisciplinary programs identified in the proposal. Each committee and affected department and interdisciplinary program will have a 30-day period to develop their recommendations to the President. The manner in which the committees and affected departments and interdisciplinary programs arrive at their recommendations is at their respective discretion. Step 6. Following the hearings, the respective committees and affected departments and interdisciplinary programs may submit to the President written recommendations for changes to the proposal. The President will consider the recommendations. If the President adopts the recommendations, the President will incorporate them into the final plan submitted to the Board of Trustees. If the President does not adopt the recommendations, the President will transmit to the Board of Trustees both the President’s final proposal and the alternative proposal(s) prepared by the faculty committees and affected departments and interdisciplinary programs. The Board of Trustees shall approve the final plan to address the financial contingent situation and retains ultimate authority for approving proposals as to department or interdisciplinary program and position reductions and terminations responding to a financially contingent situation. Step 7. The President shall render the final decision on terminations for reasons of financial contingency and notify the faculty member(s) involved in accordance with the Notification provisions below. Step 8. After the completion and implementation of decisions for institutional contraction to deal with a financially contingent situation, the President will make available to the campus community a full report on the actions taken. Priorities In making recommendations and final decisions on individual faculty reductions in accordance with the Academic Program Review Process procedures above, the following sequence and criteria shall apply: Sequence: Consideration of faculty attrition resulting from resignation, retirement, or other severance actions. Termination of Part-time and Visiting faculty positions within the affected department(s) or interdisciplinary program(s). Termination of tenure-track and/or tenured positions within the affected department(s) or interdisciplinary program(s). The appointment of a faculty member with tenure within the same department or program will not be terminated in favor of retaining a full-time tenure-track faculty member, except in circumstances where a serious distortion of the department or interdisciplinary program would otherwise result. Criteria: The qualifications of faculty members as documented in official personnel files and as judged relative to the needs of the University and the potentially affected department or interdisciplinary program Given relatively equal standing as determined in a above, seniority as determined by length of service at the University Notification Notification of termination will be sent from the President to the faculty member. The notice will specify the reasons for such termination, the effective date of termination, the faculty member's right to retraining (if applicable), and right to an appeal. In all cases of termination of appointment because of financial contingency, full-time non-tenure faculty members will be given notice or severance salary in accordance with Section 3.13.3.1. Tenured faculty will be provided with termination payments in accordance with Section 3.13.5.1. Appeals If the administration issues notice to a particular faculty member of an intention to terminate the appointment because of financial contingency, the faculty member will have the right to file a grievance in accordance with Section 3.14.3. Reassignment and Retraining Subject to a review of qualifications (see Section 3.4.5 - Faculty Qualification) and retraining possibilities (see Section 3.10.3 – Retraining Leave), tenured and tenure track faculty members in positions to be eliminated will be considered for suitable vacancies at the University in administrative or teaching positions. See Section 3.13.5.1 below. Reinstatement Rights When a tenured faculty position is terminated for a financial contingent situation, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years, unless the released faculty member has been offered reinstatement and at least thirty days in which to accept or decline it.</s>
<s>[INST] 5 ARTICLES V & VI - Wheaton College Bylaws (Recommendations to SG) (1.23).txt [/INST] Article V Visiting Faculty Appointments and Provisions This Article sets forth policies, responsibilities, duties, rights, and privileges pertaining to Visiting faculty. Visiting Faculty Academic Titles The College should continue to use the following ranks: Instructor, Assistant Professor, Associate Professor, and Professor. ““Assistant”” and ““Lecturer” should have special uses under condition which normally preclude the assignment of regular ranks. [May 13, 1963, p. 2715; Minutes of the Board of Trustees meeting, October 26, 1963, pp. 1055-57; November 18, 1963, pp. 2728-29] The Visiting Faculty title is used with one of the four academic ranks (i.e., Visiting Instructor, Visiting Assistant Professor, Visiting Associate Professor, Visiting Professor). The initial title for each Visiting faculty member shall be determined by the Provost in consultation with the appropriate Department Chair/Program Coordinator. [May 29, 1980, p. 3469; May 3, 1985, p. 3678] The Provost, in consultation with the appropriate Department Chair/Program Coordinator, shall determine whether or not an individual Visiting Faculty member’s appointment constitutes half-time teaching (i.e., an appointment with a teaching load that is fifty percent or more, but less than one hundred percent of full-time teaching as defined in the Employee Handbook for Faculty). Each letter of appointment or reappointment shall clearly state the results of this determination. Voting Rights Members of the faculty who teach at Wheaton less than half-time have no vote at department or faculty meetings. [May 4, 2007, p. 4641] Visiting Faculty members who have taught at Wheaton half-time or more for three consecutive years are eligible for service on faculty committees and have a full vote in department or academic program and faculty meetings. [May 4, 2007, p. 4641] Duration of Appointment and Notice of Termination 1. The College will observe the following guidelines for Visiting Faculty ranks and duration of appointments: ··Candidates without the Ph.D. degree or its professional equivalent will ordinarily be appointed Visiting Instructors. Those who have completed their professional training will ordinarily be appointed Visiting Assistant Professors. Visiting Instructors who complete their training during an appointment will be promoted to Visiting Assistant Professor effective the following academic year. ··The initial appointment of Visiting Faculty will be for one semester, one, two or three years. [May 4, 2007, p. 4641] Full-time Visiting Faculty will be appointed annually pursuant to a term contract for a semester or a year, for a period not to exceed two years. Part-time Visiting Faculty will be appointed pursuant to a term contract to teach on a part-time or per-course basis. Issuance of another term contract is solely within the discretion of the College and no other procedures apply. ··Replacements for faculty members on leave and other temporary personnel will receive appointments of appropriate rank and duration. ··Visiting faculty members who have taught at Wheaton half-time or more for five years are entitled to contracts ranging from two to five years in length. Other part-time faculty may be given a one- year terminal appointment. In such a case, the standards of notification as described in Paragraph 2 below will be observed. [May 4, 2007, p. 4641] 2. The following paragraph applies to reappointment of Visiting Faculty, excluding those who are replacements for faculty on leave or are appointed to teach a single course in one semester or are on terminal contracts. By March 1 of the last year of contract, part-time teaching personnel shall receive letters informing them of their reappointment or non-reappointment. If the College cannot provide them with this information by March 1, they will receive a letter that explains why the reappointment decision has not yet been reached and provides a date by which the decision will be made. [May 4, 2007, p. 4641] Resignation Professional ethics obligate the individual faculty member to notify the College as early as possible of an his or her intention to resign. [April 9, 1976, p. 3237] Compensation Compensation for Visiting Faculty is determined at the time of hire by the Provost [May 4, 2007, p. 4642] Benefits Prorated Benefits for eligible faculty members are determined by Human Resources guidelines. [May 4, 2007, p. 4642] Policies and Procedures Respecting Recruitment and Appointment, Reappointment, and Termination of Visiting Faculty Recruitment, Appointment, Reappointment, and Evaluation For recruitment of full-time Visiting Faculty, the procedures for recruitment and appointment of full-time faculty shall be followed, except that the Chair of the Search Committee may limit advertisement provided that a suitable pool of applicants is obtained in keeping with the College’s policy as an Affirmative Action and Equal Opportunity Employer. For such appointments, the Chair may modify the usual recruitment and appointment procedures provided that a suitable pool of candidates is obtained. A suitable pool might be as few as two persons under some circumstances. [March 6, 1992, pp. 3872-73In all cases where a Visiting Faculty member is retained for more than one year, the Department Chair/Program Coordinator shall review the faculty member’s teaching performance and whatever other services the faculty member in question was contracted to perform. Promotion: Criteria: Procedures and Responsibilities for Carrying them On Promotion of part-time faculty members shall be by the same procedures as those for full-time faculty members. The Provost, in consultation with the appropriate Department Chair, shall determine when a part-time faculty member shall be eligible for consideration for promotion. [May 29, 1980, p. 3469; May 3, 1985, p. 3678] Termination of Visiting Faculty Appointments by the College If the College seeks a dismissal for adequate cause prior to the expiration of the faculty member’s contract term, the procedures specific in Article IV, Section 8.2.1 shall be followed. Academic Freedom and Responsibility All members of the Faculty, whether tenured or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and the American Association of University Professors, and as modified by the 1970 Interpretive Comments developed by representatives of the same two bodies. See Article III, Section 1. All members of the Faculty are expected to conduct themselves in accordance with the 1966 Statement on Professional Ethics formulated by the American Association of University Professors. See Article III, Section 2. Miscellaneous Visiting Faculty Grievances 1. A Visiting Faculty member who feels that he or she has cause for grievance may have such grievance reviewed in accordance with the College’s then current “Review and Appeals Procedures for Certain Faculty Grievances” (see Article IV, Section 9). [May 4, 2007, p. 4643] 2. The Policies and Procedures set forth herein shall go into effect in accordance with the Enabling Section, as separately provided. 3. The Faculty may at any time or from time to time amend or revise the Policies and Procedures herein set forth, subject to each instance to the approval of the President of the College and of the Board of Trustees. 4. The Board of Trustees has final authority for acts under the Policies and Procedures herein set forth, subject to the delegations of authority to the Faculty under this legislation and to the President under the By-Laws; Article III. [March 17, 1978, pp. 3354-63] Article VI. Amendments to Faculty Bylaws The Faculty Bylaws Policies and Procedures set forth herein shall go into effect in accordance with the Enabling Section, as separately provided. The Faculty may at any time or from time to time amend or revise these Faculty Bylaws the Policies and Procedures herein set forth. Amendments or revisions to Articles II through VI of these Faculty Bylaws are subject in each instance to the approval of the President of the College and of the Board of Trustees. Amendments to the Faculty Bylaws may be initiated by either the Faculty, the President (or the President’s delegee), or the Administration. A proposal from a member of the Faculty or standing committee to amend the Faculty Bylaws will be referred to the Committee on Committees and Agenda. The Committee on Committees and Agenda will publish all proposed amendments to the Faculty, which will then vote on the matter after a period of deliberation. If a proposed amendment to Articles II through VI of the Faculty Bylaws is initiated by the President or other member of the Administration, the Faculty shall vote on the matter within 120 days of receiving the proposed amendment (excluding the period of time between the end of the traditional nine-month full-time faculty contract period and the beginning of the new nine-month full-time faculty contract period), unless an extension is agreeable to both the President or Board of Trustees and the Committee on Committees and Agenda and is expressed in writing. A proposed amendment that was initially referred by the President or member of the Administration and not voted upon by the Faculty within the time prescribed or that was not approved by Faculty may, at the option of the President, move forward to the Board of Trustees. In such a case, both the Faculty and the President shall have the right to provide the Board of Trustees with memoranda setting forth their positions on the proposed amendment. An affirmative vote of more than one-fourth of the entire voting faculty at duly constituted meeting of the Faculty is required to approve a proposed amendment. The Board of Trustees has final authority for acts under Articles II through VI the Faculty Bylaws Policies and Procedures herein set forth, subject to the delegations of authority to the Faculty under this legislation and to the President under the Bylaws; Article III. [March 17, 1978, pp. 3354-63] Conflict with Federal, State or Local Law: If any provision of the Faculty Bylaws is in conflict with federal, State, or local law, or is otherwise illegal, the remainder of the Faculty Bylaws shall not be affected. The Faculty shall make it a priority to meet and resolve the conflict in conjunction with the Administration. Wheaton College Faculty Bylaws – Page 2</s>
<s>[INST] AAUP 1940 Statement on Academic Freedom and Tenure.txt [/INST] AAUP 1940 Statement on Academic Freedom and Tenure In the United States, academic freedom is generally defined by the "1940 Statement of Principles on Academic Freedom and Tenure," jointly authored by the American Association of University Professors (AAUP) and the Association of American Colleges and Universities. These principles state that Teachers are entitled to: freedom in the classroom in discussing their subject; and freedom in research and in the publication of the results. The principles further states that Tenure is the primary means of protecting academic freedom. Principles then sets forth baseline procedures to protect tenure: The probationary period Dismissal for adequate cause, and Termination due to financial exigency (must be demonstrably bona fide). Common Practice Data OWU’s current Faculty Handbook adopts the principles set forth in the 1940 AAUP Statement of Principles of Academic Freedom and Tenure. Consistent with Higher Ed Practice: Endorsed by more than 250 disciplinary societies and educational associations Per 2020 study of over 250 Faculty Handbooks/Faculty Bylaws: 73% of four-year institutions with a tenure system base their academic freedom policy directly on the 1940 Statement, and more than half cite the AAUP specifically as the source. Recommended Institutional Regulations on Academic Freedom and Tenure AAUP publishes model Regulations outlining recommended institutional processes that enable institutions to protect academic freedom, tenure, and to ensure academic due process. The Recommended Institutional Regulations on Academic Freedom and Tenure sets forth proposed rules are derive from the chief provisions and interpretations of the 1940 Statement of Principles on Academic Freedom and Tenure My guess is that the faculty will be pushing for the adoption of some of the recommended regulations set forth in the financial exigency section of the AAUP’s Recommended Institutional Regulations on Academic Freedom and Tenure. Current OWU Termination Policy allows termination of tenure due to Financial Contingencies but does not define financial contingency. 2020 AAUP Study 95 percent of four-year institutions with a tenure system have financial exigency policies that allow for the termination of appointments 55 percent of institutions do not define those conditions and simply state that appointments can be terminated for “financial exigency,” “fiscal emergency,” or similar conditions AAUP Financial Exigency definition found in 13 percent of handbooks and contracts Other definitions that often provide less protection than the definition provided by the AAUP can be found at 33 percent of institutions</s>
<s>[INST] AAUP Related Text.txt [/INST] AAUP Related Text However, in cases where differences occur between the Saint Mary's College Faculty Handbook and procedures and policies of the AAUP, the Saint Mary's College Faculty Handbook takes precedence. Santa Clara 3.11 Revisions of the Faculty Handbook Any revisions of Chapter 3, the contractual section of this Handbook, must be reviewed by the Faculty Senate and approved by both the President and the Board of Trustees. See U of Pacific Faculty Authority/Shared Governance Benefits Holy Cross - https://www.holycross.edu/statutes-faculty/chapter-v-faculty-benefits-and-privileges Full-time faculty are entitled to faculty and College benefits during the term of their appointment. At the termination of their appointment the College has no continuing obligation with respect to these benefits. Faculty fringe benefits and College employee benefits can be found in the Faculty Handbook and on the Human Resources website. Any changes to these benefits will be communicated to faculty at least one month in advance of the effective date of the change. At the termination of their appointment, faculty members should consult with the Benefits coordinator in Human Resources to determine what legal rights they might have to continue some of these benefits at their own expense.</s>
<s>[INST] Academic Division Evaluation Guidelines.txt [/INST] [Academic Divisions or Colleges/Schools] are responsible for providing approved guidelines that define levels of performance in the four evaluation categories that inform the evaluation of candidates for promotion and tenure. The division guidelines will be used by the department faculty, Chair, Dean, ART Committee, Provost, President, and Board in their respective evaluation of candidates. Establishment and Approval of Academic Division Evaluation Guidelines The Faculty and Dean of each academic division are responsible for adopting, reviewing, and publishing division evaluation guidelines that define levels of performance in the four evaluation categories that inform the evaluation of candidates for promotion and tenure. The guidelines developed by the division Faculty and Dean must be flexible and allow a range of options for meeting each evaluation category. Moreover, the guidelines must be compatible with the University-level evaluation criteria published in the Faculty Policies Handbook and delineate what the discipline values in teaching, advising/mentoring, scholarship/creative endeavor (i.e., the number and/or type of publications, presentations, exhibitions, shows, or performances that are expected of candidates seeking tenure and/or promotion; listing of discipline-specific peer-reviewed journals, presses, or creative venues; etc.), and service. In developing the guidelines, the division Faculty and Dean are encouraged to take into consideration California Lutheran University’s mission, the applicable College or School’s mission, the academic division’s mission, principles of academic freedom, and, if appropriate, accepted practices in professional discipline-specific associations. Adopted division guidelines are reviewed by the ART Committee and Provost to ensure appropriate consistency in protection of academic freedom, rigor, equity, and balance across academic divisions. If necessary, the ART Committee and Provost may elect to return the guidelines to the appropriate Dean with questions and/or suggestions for revisions. The ART Committee and Provost shall strive to provide joint recommendations to the President whenever possible, but if disagreement exists, separate recommendations and supporting information should be provided to the President. The Provost will forward the proposed division guidelines, decisions, and related information to the President for final approval. The President will authorize the final version of the division guidelines. Distribution of Division Guidelines The Provost is responsible for distributing approved division guidelines to the respective Deans and Department Chairs, as well as the Office of Faculty Affairs and the ART Committee.. The Dean shall provide a copy of the division guidelines to each faculty member at the time of appointment Effective Dates for Changes in Evaluation Criteria Approved by Academic Council, Provost, Faculty; revised April 16, 2014, Revised and approved by Academic Council on November 10, 2016, by the Faculty on December 13, 2016 and by the Provost on February 14, 2017 If a change in the standards occurs prior to the year of a candidate's tenure and/or promotion review, the decision will be based on the standard at date-of-hire unless professional accreditation of programs require a prompt change or the candidate chooses the new standards. Promotion to full professor review will follow the new standards if changes to standards occur outside of the two years prior to the candidates promotion to full professor. This policy also applies to approved revisions of unit guidelines. When changes are made either at the University level or at the unit level, the unit must assist faculty to make the transition to the new standards in an equitable manner.</s>