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Reappointment, Promotion, and Tenure Guidelines


Table of Contents

 

Policy Statement to Govern Appointments, Tenure, Promotions, and
Related Matters of the Faculty of the Oklahoma State University Center
for Health Sciences

 

Preface

The Board of Regents for the Oklahoma State University and Agricultural and Mechanical Colleges (“Board of Regents”) adopts this comprehensive set of policies with the belief that a well-defined statement of rules is essential to support academic freedom and promote excellence at the Oklahoma State University Center for Health Sciences (“OSU-CHS”). Well-designed academic personnel policies ensure that academic quality will be at the heart of academic personnel decisions and serve as the basis for enhancing academic excellence.

 

It is fundamental that institutions under the governance of the Board of Regents, such as OSU-CHS, use various professional and administrative standards.

 

Accordingly, it is the policy of the Board of Regents that the activities at these public institutions should be conducted in a manner that will attempt to balance the rights of the individual faculty member with OSU-CHS’s and the public’s legitimate needs and interests. Policy statements of the Board of Regents are to be applied and interpreted in that spirit.

 

The Board of Regents strongly supports the concept of faculty counsel on matters which affect faculty. The Board of Regents acknowledges that principal stakeholder groups – the Board of Regents itself, administrators, faculty, staff and students – play differing and complementary roles in effective institutional governance. The Board of Regents determines its delegations of powers to stakeholders, starting with the delegated authority required by the president to provide strong and comprehensive leadership for the institution. It is the intention of the Board of Regents that those with the responsibility to act can exercise the legitimate authority to do so in a straightforward and timely way. To ensure this outcome, and in the spirit of clarifying and streamlining shared governance and reducing burdensome aspects for all parties, the Board of Regents’ working guideline on consultation with the faculty delineates three areas of interest. They are: (a) those areas of predominate interest (within Board of Regents-approved institutional mission and strategic direction) where the expertise of the faculty means that in the absence of exceptional circumstances their counsel is sought; (b) those areas of secondary interest where faculty advice may be requested and considered; and (c) those areas where faculty need not to be consulted, but may receive information as important members of the campus community.

 

This broad policy statement is intended to be stable and a source of reliable information and guidance to faculty, administrators, and external groups. However, in approving this policy statement for OSU-CHS, the Board of Regents is not waiving or restricting its lawful power, duty, and responsibility to act at any future time to establish policies, regulations, and procedures and to implement other decisions of the Board of 2 Regents. As permanent changes to this policy statement are considered, it is recognized that there is substantial public benefit in consulting with Board of Regents staff, institutional administrators, appropriate faculty, and others before enacting revisions. The Board of Regents expects administrators recommending changes to discuss those proposed revisions to this policy statement with the OSU-CHS Faculty Senate, and others as may be appropriate, before the Board of Regents acts on the proposed revisions.

 

While the Board of Regents recognizes the value of appropriate participation of faculty, administrators, and others in the formulation of professional standards, policies, and procedures, it also recognizes that extraordinary circumstances may arise where the collective judgment of the Board of Regents requires it to act independently in discharging its responsibility. In such instances, the Board of Regents will make every reasonable effort through the official public record and the institutional administration to inform affected personnel of its actions and invite their input for subsequent consideration.

 

It is intended that faculty and administrators shall adhere to the standards set forth in this policy statement. It is not intended that minor variances which are not substantially prejudicial to rights of individual faculty members or contrary to the intent of the policy should serve as the sole basis for complaints or claims of erroneous treatment or action. Additionally, it is not intended that these minor variances in circumstances and conditions or events be interpreted as establishing authority to disregard the standards set forth in this policy statement.

 

References to the entity of the governing Board of Regents in this policy statement may include participation or representation by the Board of Regent’s staff so designated or authorized by the Board of Regents. Any use of grammatical gender references shall be interpreted as applying equally to males and females.

 

This policy statement became effective as of the beginning of the academic year 2013- 14 and has been amended by the governing Board of Regents as noted below. This policy statement shall not apply to any pending personnel actions commenced under earlier policies.

 

Preface and Body Approved by the OSU Board of Regents, December 6, 2013.

 

Modifications to Body and Appendices Approved by the OSU Board of Regents,
September 9, 2022.

 

Modifications to Body and Appendices Approved by the OSU Board of Regents,
June 14, 2024.

 

General Principles

An essential measure of excellence of an educational institution is the quality of its

faculty. The appointment, promotion, and retention of faculty members will determine how well a college accomplishes its mission and the distinction it achieves. Faculty membership carries with it inherent responsibilities to develop, disseminate and preserve the intellectual growth and professional maturation of students, prepare medical manpower of excellence, provide state-of-the-art health care delivery, and serve the needs of the lay and scientific communities

 

The promotion and tenure process needs a great deal of foresight and wisdom, and
requires well defined policies and procedures to provide equity, uniformity and
efficiency. Faculty members should recognize that they bear an important obligation
that transcends the mere technical details of procedural policies. The intent of these
policies, broadly interpreted, is to attract highly-qualified candidates to the faculty, to develop and reward scholars who demonstrate a commitment to the advancement and communication of knowledge, to recognize faculty members who show promise of pursuing productive academic careers, and to retain faculty members who are a credit to the institution.

 

Sound, clearly stated, and sufficiently flexible policies and procedures governing
appointments, tenure, promotion, and related matters are vital to the effective
performance of faculty members and administrators.1 These standards are to be
implemented in a reasonable manner.2 In implementation of the standards in this policy statement, the President of OSU- CHS is authorized to decide procedural questions on uncertain points. Prior to making such decisions the President of OSU-CHS may consult with the chairperson of the OSU-CHS Faculty Senate, the Board of Regents Office of Legal Counsel, or others.

 

The opportunity for faculty members to participate in efforts to improve policies is
critical. The Faculty Senate shall be consulted in the process of reviewing suggestions for improvements in this policy statement. Recommendations for improvements made

 

A copy of all present and future implementing OSU-CHS Policies which relate to matters dealt with in this policy statement shall be authorizedby the President of OSU-CHS and be on file and available to faculty members in the main library at OSU-CHS, Tulsa and OSU-COM-CN, and in the office of every academic department or similar unit within OSU-CHS. Throughout this document, the phrase “this policy statement” refers to “Policy Statement to Govern Appointments, Tenure Promotions, and Related Matters of the Faculty of the Oklahoma State University Center for Health Sciences.” All documents generated by the appropriate administrative staff to aid in the implementation of these policies should be consistent with the standards in this policy statement. If there are any inconsistencies between the documents generated by administrativestaff and declarations in this policy statement, the standards in this policy statement shall be the controlling OSU-CHS policy.

 

1 A copy of all present and future implementing OSU-CHS Policies which relate to matters dealt with in this policy statement shall be authorizedby the President of OSU-CHS and be on file and available to faculty members in the main library at OSU-CHS, Tulsa and OSU-COM-CN, and in the office of every academic department or similar unit within OSU-CHS. Throughout this document, the phrase “this policy statement” refers to “Policy Statement to Govern Appointments, Tenure Promotions, and Related Matters of the Faculty of the Oklahoma State University Center for Health Sciences.” All documents generated by the appropriate administrative staff to aid in the implementation of these policies should be consistent with the standards in this policy statement. If there are any inconsistencies between the documents generated by administrativestaff and declarations in this policy statement, the standards in this policy statement shall be the controlling OSU-CHS policy.

 

2 Whether implementation of standards is “reasonable” is inherently a judgment based on prevailing circumstances, known facts and rationalconclusions. As used in this policy statement, the determination of whether a matter is “reasonable” is to be based on (a) an evaluation of known facts, (b) utilization of applicable procedures and professional standards, (c) consideration of prudent public institutional interests, and (d) the exercise of sound judgment.

 

by the Faculty Senate shall be transmitted to the President of OSU-CHS. Any
change(s) in this policy statement must be approved by the governing Board of
Regents.

 

This policy is applicable to faculty members of OSU-CHS.

 

1. Professional Standards and Matters of Academic Appointment Administration

 

1.1 Professional Standards

  • 1.1.1 Qualifications

    The diversity of OSU-CHS activity requires that
    detailed academic qualification standards for each rank, function, or specialty be specified by the appropriate unit administrator. 3 In those cases in which work assignments vary greatly within a given unit or are split between units it will be necessary to specify qualifications for individual positions. In establishing these qualification standards the unit administrator shall obtain appropriate faculty counsel. 4 When approved by the Provost, a copy of the standards shall be given to each faculty member and
    such standards shall be applied by all administrative units involved until duly amended.

  • 1.1.2 Job Description and Terms and Conditions of Employment

    It is the policy of OSU-CHS that each faculty member's job description and the applicable standards, criteria, and procedures used in making decisions relating to renewal, tenure, and promotion should be available to the faculty member in written form. These items are provided to a faculty member in the form of the initial memorandum of understanding, written policy and procedure statements of the unit and OSU-CHS, and formal appraisal and development statements.

  • 1.1.3 Professional Ethics

    Members of the faculty have the responsibility to follow the Board of Regents approved policies on Ethics and Non-Retaliation, as well as institutional policy on outside activities5, to avoid conflicts of interest prohibited by
    Oklahoma statutes, and, particularly, to develop and maintain student/teacher relationships which are healthy, honorable, and beneficial to students in the pursuit of legitimate educational objectives. Members of the faculty must not exploit students for their private advantage.


    The faculty of OSU-CHS endorses the American Association of University Professors’ 2009 Statement on Professional Ethics (Appendix A). Throughout governance and due processes outlined in this Policy Statement, committee members, unit administrators, deans, and others must be able to freely discuss personnel related
    issues in an open and honest manner and without fear of
    repercussion, retaliation, or negative impact on their professional relationships with colleagues. As such, all discussions and/or votes of individual committee members shall remain confidential.

     

     

    3 The term "unit administrator", as used throughout this policy statement, refers to those individuals holding the title of department head, department chair, or any similar position at OSU-CHS.

     

    4 Depending on the OSU-CHS organizational structure, “appropriate faculty counsel,” “advice of the faculty,” and “faculty consultation” referred to throughout this policy statement shall involve obtaining input from (a) the entire departmental faculty; or (b) members of a special or permanent committee selected by procedures which have been approved by a majority of the faculty of the administrative unit involved, submitted to the President of OSU-CHS for approval and retention in a permanent
    file; or where necessary (c) duly elected members of boards, senates, or councils at the departmental, Center or other levels. Whenever deemed necessary this counsel may seek external assistance to aid evaluation. In formulating input the faculty or its committees shallhave the prerogative to meet in the absence of the unit administrator.
  • 1.1.4 Academic Freedom

    OSU-CHS endorses the general statement
    on academic freedom, as it applies to state universities and medical schools, which are embodied in “Academic Freedom and Tenure (1940 Statement of Principles)”6 and in the 1999 statement on “Academic Freedom in the Medical School”7 as drafted by the Association of American Colleges and the American Association of University Professors. (Appendix B)

 

1.1.5 Review of Faculty

  • 1.1.5.1 Annual Review of Faculty

    Review of faculty activities and
    accomplishments shall be conducted by the unit administrator every year for every faculty member, regardless of rank or tenure status. A written report of activities and accomplishments shall be submitted by the faculty member. This report shall include a work and professional development plan. If the faculty member, after due notice, fails to submit documentation, the unit administrator may conduct the review from available information. Unit administrators are expected to encourage the professional development of each faculty member. Unit administrators shall familiarize each faculty member with the applicable reappointment, promotion, and tenure guidelines established by the faculty members of the unit. The unit administrator shall endeavor to
    provide an environment conducive to the achievement of expected performance. The unit administrator shall submit a written evaluation that gives detailed descriptions of the faculty member’s accomplishments or deficiencies. The faculty member’s written report, together with the unit administrator’s evaluation, shall serve as the supporting documentation for any merit pay raise or other salary adjustment. The completed annual review documentation shall be placed into the permanent record of the faculty member and shall be added to an accumulation of performance documents that shall be used in any further review. A complete set of annual review documents shall be available for any peer committee evaluation, particularly evaluations at the times of reappointment, tenure and promotion. If a major element of performance is judged to be unsatisfactory by the unit administrator, the following steps shall be taken:

     

    1. A detailed written plan for corrective action shall be
      specified by the unit administrator.
    2. If requested by the faculty member, the unit administrator
      shall obtain appropriate faculty counsel to determine
      whether the appraisal is justified, and if so, what measures
      to improve performance are warranted. If the judgment of
      unsatisfactory performance is not supported by the faculty
      group, the matter shall be forwarded to the Provost for
      resolution.
    5 Oklahoma A&M Board of Regents Policy Manual 3.05; Oklahoma A&M Board of Regents Policy Manual 3.06; OSU-CHS Conflict of Interest Policy 9-70003
    6 https://www.aaup.org/report/1940-statement-principles-academic-freedom-and-tenure 7
    7 https://www.aaup.org/sites/default/files/academic-freedom-medical-school.pdf
  • 1.1.5.2 Cumulative Reviewof Tenured Faculty

    For each tenured
    faculty member, a cumulative review shall take place every five years. A review conducted to grant promotion qualifies as a cumulative review. The review shall be based on discussion and substantive documentation provided by the faculty member. If the faculty member, after due notice, fails to submit documentation, the unit administrator may conduct the review from available
    information. Individuals designated to conduct the review shall be faculty in the discipline or department of the faculty member under review. Faculty serving on review committees shall be selected by procedures approved by the department or unit. The review process shall include written feedback to the faculty member as well as a provision for response. Written feedback shall be a
    detailed description of the faculty member’s accomplishments or deficiencies and must include a statement as to whether the faculty member’s overall performance during the review period is deemed “satisfactory” or “unsatisfactory”. The cumulative review
    requires individual development plans for each faculty member. Faculty members are responsible for their own development consistent with unit and OSU-CHS goals. Any formal development plan should respect academic freedom and professional selfdirection, and it should be flexible enough to allow for subsequent alteration.

     

    The results of a Cumulative Review of Tenured Faculty may be used by appropriate administrators as a basis for providing support which will assist faculty members in carrying out their professional goals and responsibilities. Any disciplinary action that may follow the cumulative review must adhere to all prescribed procedures in force within this policy document. In the event that unsatisfactory performance has not improved within the timelines set in the individual development plan, any dismissal action shall be based upon those grounds for dismissal specified in this Policy Statement.

     

    If a faculty member believes that the results from a cumulative review are based on unlawful discrimination, inadequate consideration, or legitimate exercise of academic freedom, they may request a review of the matter utilizing the Dispute Resolution Procedure set forth in this Policy Statement (Appendix C).

 

1.2 Recommendations for Faculty Appointments, Reappointments, Non-reappointments, and Promotions

A prerequisite of a strong faculty is an active involvement in decisions affecting its own membership. This is critical in appointments to and separations from the faculty.

 

1.2.1 Tenured and Tenure Track Faculty

  • 1.2.1.1

    It shall be the personal responsibility of the faculty member to demonstrate that he or she meets the applicable qualifications for reappointment, tenure, or promotion.

  • 1.2.1.2

    Appropriate unit administrators are charged with the responsibility for recommending appointments, reappointments, non-reappointments, and promotions., the unit administrator shall obtain appropriate faculty counsel before making recommendations.

  • 1.2.1.3

    When the unit administrator is unable to act in accord with the faculty recommendation, the reasons shall be communicated in writing to the faculty committee that provided the counsel.

  • 1.2.1.4

    All recommendations generated by the unit personnel committee (“UPC”)8 and by the unit administrator shall be available to the Provost for consideration and action. Final institutional review of personnel actions may be conducted by the President of OSUCHS and the President of the OSU System. Appointments, reappointments, promotions, and terminations must be approved by the governing Board of Regents except as authorized by Board of Regents policies.

     

    8 Unit Personnel Committee (“UPC”). At the Unit level, the body designated by the faculty within a department to provide appropriate faculty counsel on personnel matters shall be referred to in this policy statement as the UPC. The responsibility of the UPC is to recommend whether or not the candidate has met each of the applicable criteria and qualifications for the personnel action being considered. The composition of the UPC shall be a minimum of 3 voting faculty members at the same rank as, or above, that being sought by the candidate.

    i.If candidate is tenure-track then the UPC must be comprised of tenured faculty.

    ii.If candidate is non-tenure-track then the UPC may be comprised of either non-tenured or tenured faculty.

 

1.2.2 Non-Tenure Track Faculty

  • 1.2.2.1

    It shall be the personal responsibility of the faculty member to demonstrate that he or she meets the applicable qualifications for reappointment or promotion. 

  • 1.2.2.2

    Appropriate unit administrators are charged with the responsibility for recommending appointments, reappointments, non-reappointments, and promotions.

  • 1.2.2.3

    For reappointment decisions, the unit administrator shall conduct a brief review of the faculty member’s performance throughout the current contract period. If the review is satisfactory, the unit administrator may make a record for reappointment without seeking appropriate faculty counsel. If the unit administrator finds that the performance was not satisfactory, and is considering non-reappointment, the unit administrator must obtain appropriate faculty counsel in accordance with 1.2.2.4.

  • 1.2.2.4

    For appointment, non-reappointments, and promotions, the unit administrator shall obtain appropriate faculty counsel before making recommendations. 

  • 1.2.2.5

    When the unit administrator is unable to act in accord with the faculty recommendation, the reasons shall be communicated in writing to the faculty committee that provided the counsel.

  • 1.2.2.6

    All recommendations generated by the UPC and by the unit administrator shall be available to the Provost for consideration and action. Final institutional review of personnel actions may be conducted by the President of OSU-CHS and the President of the OSU System. Appointments, reappointments, promotions, and terminations must be approved by the governing Board of Regents except as authorized by Board of Regents policies.

 

1.3 Process for Appointment and Assignment of Tenure-Track and Non-Tenure Track Faculty

 

iii.If the unit does not have enough qualified members to create a UPC, then the Provost, with the input of the Unit Administrator, may designate an appropriate UPC.

iv.If the unit has not otherwise designated a UPC, the Provost shall help select an appropriate UPC. 

 

  •  1.3.1 Appointment to Faculty Positions

    The unit administrator has the principal responsibility for initiating all authorized faculty appointments (see Section 1.2.2.2). The unit administrator with the advice of faculty shall carry out this responsibility by: 

    1. filing a "Request to Staff Form;"
    2. searching for and obtaining information about prospective candidates;
    3. evaluating candidates; and
    4. recommending suitable, qualified individuals for appointments, with supporting evidence concerning the candidate's qualifications.
  • 1.3.2 Memorandum of Understanding

    A statement of the proposed basic terms and conditions of every appointment shall be available in writing and be in the possession of both OSU- CHS and the prospective faculty member before the appointment is made. Where applicable, this statement will make reference to the substantive and procedural standards generally used in the decisions affecting renewal and tenure and any special standards adopted by the appropriate unit. Any other authorized agreements pertaining to conditions of appointment, reappointment, promotion, and tenure shall be part of this written statement. No offer is binding on OSU-CHS, however, until a formal recommendation has been presented to and officially approved by the governing Board of Regents in accord with the policies of the Board. 

  • 1.3.3 Amendments

    If changes in assignment or conditions of appointment (other than revisions to fringe benefits, retirement plans, and this policy statement) become necessary during the period of appointment, the changes must be discussed in advance, normally during the annual Appraisal and Development process and communicated to the affected faculty member in writing by the unit administrator. Unresolved disputes regarding changes in assignments or conditions of appointment are resolved by the Dispute Resolution Procedure set forth in this Policy Statement. (Appendix C).

 

1.4 Appointment and Tenure for Tenure-Track Faculty

  • 1.4.1 Appointment

    All tenure-track faculty positions shall be filled by appointments of qualified persons with the rank of Instructor, Assistant Professor, Associate Professor, or Professor. The initial appointment of any person to the rank of Instructor or above, shall be based on a search which is consistent with applicable state and federal equal employment opportunity standards. National searches will be conducted unless an exemption is authorized by the Provost and the office of Equal Opportunity. All initial appointments to the rank of Instructor or above are of two kinds:

    1. tenure-track (appointments potentially leading to tenure); or
    2. appointments with tenure (applicable only to appointments with the initial ranks of Associate Professor or Professor if specifically approved by the Board of Regents).

    Appendix D: Appendix D: Reappointment, Promotion and Tenure Process for Tenure-Track Faculty (Derived from OSU Policy and Procedures Letter No. 2-0902)

  • 1.4.2 Tenure

    Tenure is a continuous appointment granted following
    evaluation by the faculty member’s academic department, review by appropriate administrators, and approval by the Board of Regents. Tenured appointments shall not be terminated except under extraordinary conditions stated in Section 1.13.

     

    Tenure is a means by which to ensure academic freedom (see Section 1.1.4). Academic freedom is indispensable to the success of OSU-CHS in fulfilling its obligations to its students, to the State of Oklahoma, and to society in general. The decision to grant tenure is a judgment made with appropriate faculty counsel. Except for prestigious scholars initially appointed as Associate Professor or Professor with tenure, the decision to grant tenure is
    normally made toward the end of a probationary period. Tenure is a major undertaking and shall not be granted unless the faculty member has demonstrated by consistent performance that the academic department will benefit from making a career-long commitment to the faculty member.

     

    Academic appointments normally coincide with the beginning of the academic year. For faculty appointed after this date but before January 1, the period of probation for tenure consideration or for renewal of appointment will commence at the beginning of that
    academic year. The probation period for faculty appointed on or after January 1 will commence at the beginning of the following academic year. Except for extenuating circumstances (see Section 1.4.8) the period of probation for tenure consideration shall never exceed a total of seven years of continuous appointment with OSU-CHS.

     

    Review for the granting of tenure shall occur only at the following times:

    1. when a prestigious scholar is initially considered for appointment to the rank of Associate Professor or Professor;
    2. when a tenure-track faculty member is reviewed for promotion to the rank of Associate Professor or Professor;
    3. when a tenure-track faculty member is reviewed for a reappointment or promotion which, if awarded, will extend the number of years in a tenure-track faculty position at OSU-CHS beyond a total of seven years; or
    4. when a person has completed at least one year of satisfactory service at OSU-CHS following an initial appointment as a tenure-track Associate Professor or Professor.
  • 1.4.3 Appointment to the rank of Instructor

    Appointment to the rank of Instructor shall normally be for one year at a time during the probationary period but shall not exceed three years. Individuals who have been appointed as Instructors for their sixth year of probationary service shall be evaluated for tenure and informed in writing by June 30 of the sixth year of either:

    1. reappointment at the rank of Instructor with tenure effective at the beginning of the seventh year;
    2. promotion to Assistant Professor with tenure effective on July 1 of that year; or
    3. the expiration and nonrenewal of the appointment effective at the end of  the seventh academic year.

    If a tenure-track Instructor is promoted to a higher rank, the period of probation for tenure shall commence with the beginning of the initial appointment as an Instructor, unless the faculty member requests and is granted an extension of the probationary period (see Section 1.4.8). The initial term of appointment as Assistant Professor will vary depending on the number of years served as an Instructor:

    1. with five years as an Instructor, promotion would result in a two-year appointment as Assistant Professor;
    2. with four years, the appointment to Assistant Professor would be for three years;
    3. with three years, the appointment would be for four years;
    4. and with two years as an Instructor, the appointment to Assistant Professor would be for four years, and a second probationary term of one year is permitted.
    5. If an Instructor is promoted to Assistant Professor after only one year, an initial four-year appointment as Assistant Professor can be followed by a second probationary term of two years.

    In all cases described above, decisions will be made in the sixth year and any non-reappointment decision would be effective at the end of the seventh year, thus providing the required one-year notice of termination.

  • 1.4.4 Initial appointment to the rank of Assistant Professor

    Initial appointment to the rank of Assistant Professor shall normally be for a period of four years. Reappointment for a three-year period may be made. Promotion to Associate Professor or reappointment as an Assistant Professor after seven years of probationary service as an Assistant Professor shall confer tenure.

  • 1.4.5 Initial appointment to the rank of Associate Professor

    Initial appointment to the rank of Associate Professor shall normally be for a period of five years. Reappointment as Associate Professor or promotion to Professor shall confer tenure. A special tenure review may be made after one year of service at OSU-CHS (see Section 1.4.2). In extraordinary circumstances tenure may be expressly granted at the time of initial appointment.

  • 1.4.6 Initial appointment to the rank of Professor

    Initial appointment to the rank of Professor shall confer tenure unless a probationary period, not to exceed three years, is specified at the time of appointment.

  • 1.4.7 Affect of Change in Position

    Academic tenure is not affected by change to administrative or other active status. Appointment to an administrative or other position shall not confer tenure in that position. 

  • 1.4.8 Extension of Probationary Period

    A period of appointment and the probationary period of a faculty member may be extended up to three years for extenuating circumstances, e.g. a leave of absence without pay, an extended sick leave, significant changes in published criteria for tenure, or significant changes in job description associated with transfer or promotion. Upon written request by the faculty member and recommendation by the unit administrator and Provost of the college, such an extension may be granted upon approval by the Provost of OSU-CHS.

     

    9 For faculty whose initial term of appointment begins at other than the beginning of the academic year, the period of appointment shall be adjustedto expire at the end of an academic year to be consistent with the provisions of Section 1.4.2 paragraph 3. Thus, the term of the first probationary appointment may vary from the stated period in Section 1.4.4 and 1.4.5.

 

1.5 Appointment of Non-Tenure Track Faculty

  • 1.5.1 Adjunct Appointments and Titles

    Professional persons who are affiliated with OSU-CHS may be granted appointments as Adjunct Professor, Adjunct Associate Professor, Adjunct Assistant Professor, or Adjunct Instructor. Such appointments do not require a national search and are recommended by the unit administrator.

 

1.5.2 Non-Tenure Track

  • 1.5.2.1 Clinical Faculty

    Clinical faculty appointments are annual, renewable term, non-tenure track appointments at the rank of Clinical Instructor, Clinical Assistant Professor, Clinical Associate Professor, and Clinical Professor. Clinical appointments are intended to offer a career pathway to individuals who have clinical experience, teaching experience, and/or other expert qualifications. The positions will be used to support and enhance training programs and initiatives at Oklahoma State University Center for Health Sciences. Such appointments would normally require a national search and are recommended by the Unit Administrator after obtaining appropriate faculty counsel. All clinical faculty will be expected to provide teaching, clinical supervision/teaching, and/or clinical care as assigned by the unit administrator and for which the clinical faculty member is qualified to perform. The sources of funding are dependent on respective departmental resources. Notwithstanding the appointment periods, the existence of any clinical faculty position is contingent upon availability of funding. 

     

    Appendix E: Clinical Faculty Basic Standards for Appointment and Promotion further addresses the clinical track faculty process. 

  • 1.5.2.2 Temporary Faculty Appointments and Titles

    In response to short-term and/or emergency needs OSU-CHS may make temporary appointments. When such appointments are made, the titles of Lecturer, Research Professional, Visiting Assistant Professor, Visiting Associate Professor, Visiting Professor, Scholar, Artist, or "Professional" In Residence, etc. shall be used. Appropriate search procedures should be used prior to making such appointments but may vary depending upon the nature of the position. Unit administrators, after receiving appropriate faculty counsel, shall be responsible for recommending appointments to temporary positions. 

     

    When persons are appointed to temporary faculty positions, the period of appointment shall be clearly stated and should be designated as temporary on the Employment Action Form. The memorandum of understanding will state that the appointment will not lead to tenure nor count as part of a probationary period potentially leading to tenure.


    In those few instances in which OSU-CHS is confronted with an emergency situation in the areas of research, extension, or instruction, a person can be appointed on a temporary basis for a term not to exceed one year even though all of the recruitment procedures normally followed in making such an appointment may not have been met. In such cases, the administrative unit shall implement normal recruitment procedures to fill the position at the end of the initial temporary appointment. When temporary appointments are made, the memorandum of understanding should specify the term of appointment and state the conditions relating to reappointment. Persons holding temporary positions may not be awarded tenure and do not have OSU-CHS faculty voting privileges but may be awarded other professional rights and privileges afforded the faculty.

     

    The titles described in this section are important to OSU-CHS in its management of the fluctuating demands of programs. Tenured and tenure-track faculty may be released from assigned duties as grants and contracts are obtained. To facilitate this process, the unit administrator may request authorization to establish and fill temporary positions with persons awarded one of the following titles. They may also request variations from the specific conditions and terms of appointment for persons appointed to one of the titles in this section. When determined to be in the best interest of OSU-CHS, the Provost may approve such variations in specific individual cases. Notwithstanding the appointment period, the existence of any of the following positions is contingent upon availability of funding.

  • 1.5.2.3 Visiting Assistant Professor, Visiting Associate Professor, and Visiting Professor

    These titles shall be used for persons employed to meet short-term teaching, research, or extension needs. They may also be used for scholars with a terminal degree who wish to affiliate with OSU-CHS for professional development. Limited search procedures are usually adequate when appointment to any of these positions is made. The terms of appointment shall normally be for one year and may be renewed after receiving appropriate faculty counsel. Should such an individual be appointed to a tenure-track position following an appropriately approved search, the time spent in the temporary position shall not count as part of the probationary tenure consideration period, unless specified in the memorandum of understanding for the permanent position. 

  • 1.5.2.4 Research Faculty

    Research professorships are annual, renewable term, non-tenure track appointments at the rank of Research Assistant Professor, Research Associate Professor, and Research Professor. These positions will be used to support and enhance research programs and initiatives and create research activities at OSU-CHS. These individuals will be expected to develop independent research programs and serve as principal investigators on proposals to external agencies. In hiring into the research professor track, the University looks to attract high quality researchers who hold promise to become engaged in academic and scholarly activities including but not limited to performing collaborative research with academic faculty; supervising undergraduate or graduate research; serving on departmental or college committees; and organizing, attending, and presenting at professional conferences and seminars. The primary assignment will be research, and these individuals will not serve as primary Instructors in regular course offerings of departments or degree programs. Instructional activities will be limited to offerings specific to their research expertise and supervision of graduate students as provided for by membership in the Graduate Faculty. The salaries and fringe benefits for research professors are to be paid by external grants and sponsored programs. The existence of research professor positions are contingent on availability of funding.

     

    Continued employment of a research professor during the term of appointment will depend on the availability of external funding. If reappointment is desired, an application for reappointment is required prior to the end of the contract period. Reappointment is contingent upon satisfactory performance as determined through performance appraisal and the availability of external grant funds and/or bridge funds.

     

    Research Assistant Professors and Research Associate Professors will be eligible to seek promotion to Research Associate Professor and Research Professor, respectively, after five years of service in rank according to guidelines for promotion developed by the sponsoring academic unit(s).

     

    Should such an individual be appointed to a tenure-track position following an appropriately approved search, the time spent in the research position shall not count as part of the probationary tenure consideration period, unless specified in the memorandum of understanding for the permanent position.

 

1.6 Promotions in Rank

  • 1.6.1 Tenure Track Faculty

    The process of review for promotion in rank shall be initiated by the unit administrator or by the unit personnel committee. Prior to the initiation of the review, the consent of the faculty member shall be obtained. Faculty members should be provided sufficient notice to enable them to assemble and submit materials believed helpful to a full review. Individual faculty members have the right to be reviewed for promotion at their own request provided they have not undergone such a review within the previous two academic years.  Appendix D addresses detailed guidelines for the evaluation of tenure-track faculty through annual evaluation, reappointment, promotion, and tenure.

     

    Following consideration of appropriate faculty counsel, the unit administrator will decide whether or not a faculty member is to be recommended for promotion by the unit. This decision should be in keeping with the established qualification guidelines of the unit. The faculty member shall be informed by the unit administrator if a recommendation for promotion is not being sent forward and shall be provided counsel by the unit administrator regarding how they might meet criteria for promotion in a subsequent consideration.

     

    The Provost and President of OSU-CHS shall review each promotion recommended by the unit administrator. The Provost's recommendation to the President of OSU-CHS will be accompanied by the original recommendations of the unit administrator and the counsel of the unit's appropriate faculty personnel committee. In the process of review, the Provost and the President of OSU-CHS may seek counsel from suitable faculty committees. Copies of any written counsel provided by faculty committees will become part of the faculty member’s documentation file. If the recommendation of the Provost and/or President of OSU-CHS differs from that of the unit administrator, the reasons shall be specified in writing and provided to the faculty member.

     

    Changes in academic title or promotion of persons holding
    temporary titles (see Section 1.5.2.2) to tenure-track faculty positions (Instructor or above) is permitted only under extraordinary circumstances. (Persons holding temporary titles may, however, apply for advertised tenure-track positions.) Before any such promotions are recommended by the President of OSUCHS, they should seek appropriate faculty counsel from the 17 Reappointment, Promotion, and Tenure (“RPT”) Committee of the OSU-CHS Faculty Senate.

     

    Promotions must be recommended by the President of OSU-CHS, the President of the OSU System, and approved by the Board of Regents before becoming effective. The affected faculty member shall be informed by the Provost that a recommendation for promotion will be presented by the President of OSU-CHS and the President of the OSU System to the Board of Regents. Normally, recommendations for promotions are submitted to the Board of Regents for its consideration during its June meeting. When approved, the Board of Regents specifies the date on which the promotion shall become effective.

  • 1.6.2 Non-Tenure Track Faculty

    The process of review for promotion in rank shall be initiated by the unit administrator or by the unit personnel committee. Prior to the initiation of the review, the consent of the faculty member shall be obtained. Faculty members should be provided sufficient notice to enable them to assemble and submit materials believed helpful to a full review. Individual faculty members have the right to be reviewed for promotion at their own request provided they have not undergone such a review within the previous two academic years.  Appendix E addresses detailed guidelines for the evaluation of non-tenure track faculty through annual evaluation, reappointment/non-reappointment and promotion. Following consideration of appropriate faculty counsel, the unit administrator will decide whether or not a faculty member is to be recommended for promotion by the unit. This decision should be in keeping with the established qualification guidelines of the unit. The faculty member shall be informed by the unit administrator if a recommendation for promotion is not being sent forward and shall be provided counsel by the unit administrator regarding how they might meet criteria for promotion in a subsequent consideration.

     

    The Provost and President of OSU-CHS shall review each promotion recommended by the unit administrator. The Provost's recommendation to the President of OSU-CHS will be accompanied by the original recommendations of the unit administrator and the counsel of the unit's appropriate faculty personnel committee. In the process of review, the Provost and the President of OSU-CHS may seek counsel from suitable faculty committees. Copies of any written counsel provided by faculty committees will become part of the faculty member’s documentation file. If the recommendation of the Provost and/or President of OSU-CHS differs from that of the unit administrator, the reasons shall be specified in writing and provided to the faculty member.

     

    Promotions must be recommended by the President of OSU-CHS, the President of the OSU System, and approved by the Board of Regents before becoming effective. The affected faculty member shall be informed by the Provost that a recommendation for promotion will be presented by the President of OSU-CHS and the President of the OSU System to the Board of Regents. Normally, recommendations for promotions are submitted to the Board of Regents for its consideration during its June meeting. When approved, the Board of Regents specifies the date on which the promotion shall become effective.

 

1.7 Reappointment and Non-reappointment

  • 1.7.1 Tenure-Track Faculty

    Recommendations to reappoint or not to reappoint shall originate with the unit administrator after obtaining appropriate faculty counsel (see Section 1.2). Normally, such recommendation shall be in response to a routine notice from the office of the Provost of OSU-CHS. A tenure track faculty member being considered for reappointment or non-reappointment shall be provided sufficient notice to assemble and submit materials believed helpful to a full consideration of the question.

     

    Recommendations for both reappointment and non-reappointment of faculty members are forwarded to the Provost for review and action. Following review, all recommendations, accompanied by a statement of approval or disapproval, are forwarded to the President of OSU-CHS for action. In the process of review, the Provost and President of OSU-CHS may seek counsel from the RPT Committee of the OSU-CHS Faculty Senate. Copies of the written counsel provided by the RPT Committee of the OSU-CHS Faculty Senate should accompany recommendations to the President of OSU-CHS.

     

    The affected faculty member shall be informed by the Provost that (a) a recommendation for reappointment will be presented by the President of the OSU System to the Board of Regents, or (b) OSU-CHS does not intend to continue the appointment beyond a specified date.

 

1.7.2 Non-Tenure Track Faculty

  • 1.7.2.1 Reappointment

    Appropriate unit administrators are charged with
    the responsibility for recommending reappointments of non-tenure track faculty members. Normally, such recommendation shall be in response to a routine notice from the office of the Provost of OSUCHS.

     

    For reappointment decisions, the unit administrator shall conduct a brief review of the faculty member’s performance throughout the current contract period. If the review is satisfactory, the unit administrator may make a recommendation for reappointment without seeking appropriate faculty counsel.  

  • 1.7.2.2 Personnel Action Process

    All recommendations generated by the UPC and by the unit administrator shall be available to the Provost for consideration and action. Final institutional review of personnel actions may be conducted by the President of OSUCHS and the President of the OSU System. Appointments, reappointments, promotions, and terminations must be approved by the governing Board of Regents except as authorized by Board of Regents policies.

  • 1.7.2.3 Non-reappointment

    Non-reappointment of a nontenured appointment shall not be regarded as a termination. If a decision is made not to recommend reappointment of a faculty member, the
    following schedule for notification should be observed:

    1. For clinical faculty on one-year of service or less, notice shall be given not later than March 1 of the first academic year of service, if the appointment expires at the end of the academic year, or, if an initial one-year appointment expires during an academic year, at least three months in advance of iits expiration.
    2. For clinical faculty with more than one year of service, notice shall be given at least 12 months before the expiration of an appointment. For
      example, if an appointment period is from July 1 – June 30, and notice of non-reappointment is given on January 1, then the end of the appointment would be December 31, which is twelve months after the
      notification of non-reappointment.

    Non-reappointed individuals shall have the option to obtain the reasons for nonrenewal in a confidential form of their choosing. If the affected faculty member believes that the reasons for nonrenewal are based on unlawful discrimination or inadequate consideration, or legitimate exercise of academic freedom, they may request a focused review of the matter utilizing the Dispute Resolution Procedure set forth in this Policy Statement (Appendix C). A focused review only considers the matters raised by the affected faculty member in their request for review.

     

    1. Focused Review. Insofar as the affected faculty member asserts in writing that the decision against reappointment by the appropriate administrator was based on inadequate consideration, the functions of the dispute resolution committee which reviews the faculty member’s assertion should be the following: (a) to determine whether the decision of the appropriate faculty body and the decisions of the appropriate administrators were the result of adequate consideration in terms of the relevant standards of the institution, with the understanding that the review committee should not substitute its judgment on the merits for that of the academic department; (b) to request reconsideration by the
      faculty bodies and/or administrators when the committee believes that adequate consideration was not given to the faculty member’s qualifications (in such instances, the committee should indicate the
      respects in which it believes the consideration may have been inadequate).

 

1.8 Honorary Appointments and Titles

  • 1.8 Honorary Appointments and Titles

    The following list of titles and appointments, while complete as of the present time, may be expanded or altered from time to time as conditions require.

  • 1.8.1 Regents Professor

    This honorary title may be awarded to professors who have made outstanding contributions in their discipline through resident teaching, research or other scholarly activities, and/or extension or outreach activities at OSU-CHS or while serving as a professorial faculty member at another similar institution. Persons appointed with this title should be recognized on campus and at the national level for past and continuing scholarly accomplishments. Evidence of accomplishments may be their record of publication in nationally recognized journals or as authors of monographs, scholarly books and/or textbooks, creative activities, or outstanding performance as classroom teachers. Teaching excellence must be documented by their unit administrators, peers and students or indicated by previous teaching awards granted by student or faculty groups.

     

    A nomination for appointment as Regents Professor may be proposed by any tenured member of OSU-CHS with the
    nomination seconded by another tenured member of the faculty. The nomination packet will be sent to the Provost, who will forward it to the President of OSU-CHS. When it is determined that the packet is complete, the packet will be forwarded for evaluation to the academic unit in which the nominee holds tenure. Separate letters evaluating the nominee’s qualifications for the rank of Regents Professor will be prepared by the unit’s promotion and tenure committee, the unit administrator, and the Provost. The Provost will forward the packet to the Regents Professor Selection Committee. After consideration by both the Provost and the Committee, a recommendation will be sent to the President of OSU-CHS for decision and action. The appointment will be effective July 1 following formal approval by the President of the OSU System and the Board of Regents.

  • 1.8.2 Regents Service Professor

    Appointment to this title may be made for administrators who have rendered distinguished service to OSU-CHS and desire to be relieved of administrative duties and return to resident instruction, extension, or research positions. Recommendations shall be made by the Provost to the President of OSU-CHS. Appointment shall be for a period of four years and is not subject to renewal.

  • 1.8.3 Endowed or Supported Chairs or Professorships

    After receiving appropriate faculty counsel, the unit administrator may recommend that a person be appointed to an endowed or supported position in recognition for past and continuing scholarly accomplishments in the appropriate discipline. Persons holding endowed positions will be subject to the rules and procedures governing other faculty members of the same rank.

  • 1.8.4 Emeritus Faculty

    Upon retirement, faculty members shall carry
    as emeritus the rank and title they were holding when retired, retain all professional rights, and be accorded privileges specifically authorized by the Board of Regents.

 

1.9 Faculty Leaves

  • 1.9.1 Health Leave

    Faculty members will occasionally be unable to
    perform regular duties due to personal illness, disability, maternity, paternity, or illness in their immediate families, referred to as “qualified conditions.” The faculty members or someone representing them is responsible for notifying the unit administrator of qualified conditions affecting their work commitment. In order to accommodate the faculty member’s leave requirements, OSUCHS has instituted flexible Faculty Sick Leave, 2-70113, and Family and Medical Leave Act, 3-70708, policies. 

  • 1.9.2 Sabbatical Leave

    Upon recommendation of the Dean to the
    Provost and approval by the President and the Board of Regents, OSU-CHS may periodically grant leave to faculty members for study, research, or other activities directed toward professional growth. The OSU-CHS faculty member is entitled to apply for sabbatical leave from regular, scheduled duties for the purpose of professional development. Members of the faculty may apply for a
    maximum leave of one academic appointment period, not to exceed 12 months, at a reduced salary or a maximum leave of one-half the academic appointment period, not to exceed six months, at full salary. Under exceptional circumstances, a sabbatical leave may be broken into segments separated by periods of regular, scheduled duty. Medical and life insurance benefits, contributions to TIAA, and other employee retirement system contributions will continue at the full employment rate. Faculty members on or returning from sabbatical leaves will participate in raise programs according OSU-CHS and departmental criteria and shall not be penalized for being on sabbatical leave during the evaluation period.

     

    Conditions of approval shall be consistent with appropriate budgetary and other faculty arrangements so as not to disrupt the teaching programs or other vital operations of the department, college, or OSU-CHS. Requests for sabbatical leave shall be submitted to the Provost through the appropriate unit administrator and Dean.

     

    To be eligible to apply for leave, the candidate must have served as a faculty member for no less than six academic years since initial appointment or since a previous sabbatical leave. Sabbatical leave obligates the recipient to follow a program consistent with the purpose and conditions for which the leave was granted. Acceptance by the faculty member of sabbatical leave entails an obligation to serve OSU-CHS for one subsequent
    academic appointment period, or refund to OSU-CHS the salary and benefits earned while on leave. A faculty member on sabbatical leave may accept a fellowship, personal grant-in-aid, or government-sponsored exchange lectureship for the period covered by the leave, if such acceptance promotes the accomplishment of the purpose of the leave.

  • 1.9.3 Leave of Absence Without Pay

    Upon recommendation of the Dean and approval by the Provost, a faculty member may be granted a leave of absence without pay for such period of time and conditions as stipulated. This is subject to applicable policies on participation in partisan political campaigns as well.

     

    A request for leave without pay should be made as early as
    possible, preferably at least six months in advance, and shall normally not exceed one year in duration.

 

1.10 Resignations

Resignations are initiated by the faculty member and are not revocable without approval by the unit administrator, Dean and Provost.

 

  • 1.11 Administrative Suspensions

    An administrative suspension is a temporary removal for a specific time period of all or any portion of a faculty member’s assigned duties for purposes of protecting the
    best interests of OSU-CHS and its components and/or the safety and well-being of the persons affiliated with it, including the individual suspended. When deemed appropriate, a suspension may include restrictions on use OSU-CHS facilities or resources and may be imposed during the course of an authorized termination procedure or authorized sanction appeal. Suspensions shall normally not exceed one calendar year. During a suspension there shall be no reduction of salary or other benefits.

  • 1.11.1 Procedures for Suspensions

    Supervisory academic administrators10 may summarily suspend a faculty member for up to 72 hours when it is judged that the safety and well-being of the individual or others, or the best interests of OSU-CHS are threatened.

     

    A suspension may extend beyond 72 hours if approved by the President or designee. A recommendation for suspension of more than 72 hours shall be forwarded to the President by the Dean and Provost with justification regarding the need for the proposed action. The President, if concurring, will direct the extended suspension. The faculty member, Dean, and unit administrator shall be informed in writing by the Provost of the length, terms,
    and conditions of any implemented suspension. 

     

    Formal Dispute Resolution Procedures outlined in Section 2 and Appendix C do not apply to suspension actions unless the suspension lasts more than six months or the Provost finds it would be in the best interest of OSU-CHS to provide extraordinary administrative due process.

 

1.12 Disciplinary Actions

The faculty is subject to laws, policies, rules, regulations, and procedural requirements which safeguard its functions, and which concurrently protect its rights and freedoms. Violations may result in actions by OSU-CHS ranging from simple admonitions to permanent termination.

 

  • 1.12.1 General Procedures for Imposition of Disciplinary Actions

    Normally, unit administrators will initiate a performance or conduct inquiry based on observation or an oral or written complaint. Other supervisory academic administrators may also be authorized by the Provost to make appropriate conduct investigations and initiate appropriate disciplinary action based on oral or written complaints. Results of such inquiries should be submitted to the Provost in writing with the signature of the investigating administrator and the date of submission. The findings of such an inquiry may lead to authorized disciplinary actions. 

     

    Authorized disciplinary actions include admonitions, sanctions, and terminations. Because these three types of disciplinary actions have significantly different impacts on the career of a faculty member, the procedures for providing adequate administrative due process necessarily differ.

  • 1.12.1 Admonitions 

    Admonitions are intended to inform faculty
    members that others find their performance or professional conduct to be unsatisfactory and/or inappropriate. Admonitions may be issued orally or in writing and include administrative advice, warnings, or reproofs. Written records of admonitions are not included in a faculty member’s personnel file unless a pattern
    develops, in which case the individual involved will be notified in writing. Anecdotal notes of administrative actions may be maintained by administrators separate from individual personnel files. Faculty counsel is not required prior to issuing admonitions. Administrative appeal of admonitions is not provided.

  • 1.12.3 Sanctions

    Sanctions are formal actions taken to prevent damage
    to the legitimate interests of OSU-CHS and its components and/or recurrence of unsatisfactory performance or unprofessional conduct. Sanctions may include such measures as written reprimands, required participation in counseling and/or corrective programs, and restrictions on use of OSU-CHS privileges,
    resources, and services. Sanctions are to be imposed when, in the judgment of the unit administrator or other supervisory academic administrators, admonitions will not adequately serve to prevent damage to OSU-CHS or recurrence of unsatisfactory or unprofessional performance or conduct.

  • 1.12.3.1 Procedures for Imposting Sanctions

    Sanctions are normally
    directed by unit administrators. When deemed appropriate by the Provost, other supervisory academic administrators may be authorized to conduct investigations and direct sanctions. The investigating administrator shall provide the faculty member with notice that an investigation will occur, which notice will include a general description of the alleged complaint(s) or deficiencies. The investigating administrator may seek faculty counsel as deemed necessary during the process of conducting the inquiry
    and in considering appropriate sanctions. The investigating administrator will meet with the faculty member as part of the investigation. The investigating administrator shall provide the faculty member with a written summary of their investigative findings and notice of any proposed sanction(s) to be imposed and should describe corrective actions on the part of the faculty member which could lead to removal of the sanction(s). Following receipt of the written notice of proposed sanction(s), the faculty member shall have seven calendar days to respond in writing to the investigating administrator. The investigating administrator shall then have seven calendar days to issue a final written notice
    of sanction, which shall include a statement of procedures for appeal, review, modification, and removal of the sanction.   

  • 1.12.3.2 Appeal of Sanctions

    Upon receipt of the final written notice from
    the investigating administrator informing the faculty member of the sanction(s), the faculty member shall have seven calendar days during which to file a written appeal of the decision with the Provost. Appropriate bases for appeal are:

     

    1. lack of reasonable cause for the sanction;
    2. substantial failure to follow proper procedures for imposing
      sanctions; and
    3. inappropriateness of the sanction(s) imposed.

    The appeal should clearly state the basis for the appeal and the relief sought, and should include all the information the faculty member believes is pertinent to the appeal. If the Provost finds that there is an insufficient statement of the basis for the appeal, the Provost shall inform the faculty member and their unit administrator that the appeal has been denied. If the Provost finds
    there is a sufficient statement of the basis for the appeal, the Provost will designate themself or another senior supervisory academic administrator to serve as an appeal review administrator whose responsibility it shall be to thoroughly review the matter, confer with appropriate parties, and make a final determination regarding the sanction. The appeal review administrator may seek
    additional faculty counsel from Faculty Senate. The appeal review administrator shall determine whether the sanction should be sustained, modified, or completely removed. 

     

    Pending completion of an authorized appeal, a sanction shall not be enforced, but the Provost may relieve the faculty member of all or part of his or her duties if such is deemed essential to the protection of OSU-CHS or its components (see Section 1.11 Administrative Suspensions). Relieving a faculty member of his or
    her duties during an authorized appeal shall be without any reduction in pay or other benefits. The appeal review administrator will complete the review and reach a decision within fourteen calendar days of appointment as the review administrator. The appeal review administrator shall communicate the determination to the Provost, if a different appeal review administrator was appointed, who shall inform the faculty member and the unit administrator of the final decision. If the decision is to remove the sanction completely, the Provost shall expunge the record of the sanction and notify the faculty member in writing. The faculty member may place the notice in their file.  

     

    Formal Dispute Resolution Procedures outlined in Section 2 and Appendix C do not apply to formal administrative sanction actions unless the Provost (or the President if the sanction was initiated by the Provost) finds it would be in the best interest of OSU-CHS to provide extraordinary administrative due process.

  • 1.12.3.3 Application for Transfer of Sanction Records (Tenured Faculty Only)

    Records of sanction actions shall be retained in
    the faculty member’s active personnel files unless transfer of such records is authorized. Tenured faculty members may request that such records be transferred from active personnel files to an inactive, privileged-access file to be sealed and retained by the Office of the Provost. Action on such an application is discretionary with the unit administrator. If requested, the Dean or Provost may be involved in the decision for transfer of files. If the request is granted, a record of the transfer should be retained in the personnel file. 

     

    All requests for access to the privileged-access file shall be adjudged by the Provost. Prior to implementation of a decision, the Provost shall inform the affected faculty member.

 

1.13 Termination of Appointments

Terminations are revocations of tenured appointments or nontenured appointments before the end of the appointment period. Nonrenewal or non-reappointment of a temporary or non-tenure track appointment shall not be regarded as a termination. Terminations may be affected by OSU-CHS only for reasonable cause as set forth in Section 1.13.1, 1.13.2, or 1.14.2. OSU-CHS recognizes those general fairness principles expressed by the American Association of University Professors11 provided the same are consistent with this policy statement. The President is authorized to decide procedural questions on uncertain points.

 

11 The relevant principles of the American Association of University Professors are included in the AAUP Policy Documents and Reports, 1990 edition.

 

  • 1.13.1 Termination under Financial Exigency

    Termination of appointment may be based on genuine financial exigency. Procedures to be used during a state of financial exigency are set forth in Appendix H.

  • 1.13.2 Termination or Reassignment Associated with Department or Program Discontinuance Not Mandated by Financial Exigency

    Any time an academic program or department is
    discontinued or transferred to another department, college, or OSU campus, not mandated by financial exigency, adequate safeguards for faculty members shall be provided, as described below. Early and meaningful faculty involvement in decisions regarding program discontinuance or transfer shall be provided. Rights under academic tenure shall be protected in a manner consistent with the provisions of this policy statement.

  • 1.13.2.1 Reassignment

    Every equitable effort shall be made to assist each
    faculty member to relocate to a suitable professional position within OSU-CHS in the event of program discontinuance. In such relocation other employees will not be displaced. Reassignments should occur over an equitable period of time and with adequate notice. In most cases, at least six months’ notice shall be provided before any faculty member is reassigned. Nontenured faculty
    members should be given at least the notice that is specified in Section 1.13.3. If at all feasible, the individuals involved should be given even more liberal notice. All qualified, tenured faculty members to be reassigned may be offered opportunities to upgrade their expertise or change their specialties as they and the appropriate senior supervisory administrator(s) see fit. If faculty
    members do not wish to accept the provision of the reassignment, they may submit a dispute resolution petition as specified in Section 2 and Appendix C.

  • 1.13.2.2 Termination for Discontinuance of Program

    Termination of appointments of faculty members associated with the discontinuance of programs shall be recommended only after the procedures described above have failed to produce a reassignment. If the faculty member so requests, the proposed termination shall be reviewed by a Termination Hearing Committee (see Appendix G) before a recommendation for termination is made by the President of OSU-CHS to the Board of
    Regents. When a recommendation to terminate is to be made to the Board of Regents, the recommendations of the RPT Committee shall be forwarded with the recommendation of the President of OSU-CHS. If terminated in association with program discontinuance, the faculty member should be given appropriate notice or paid severance salary (see Section 1.13.3). 

     

    Individuals who have received notice of termination shall have the option to obtain the reasons for termination in a confidential form of their choosing. If the affected faculty member believes the reasons for termination are based on unlawful discrimination, inadequate consideration, or legitimate exercise of academic freedom, the faculty member may request a limited review of the matter utilizing the Dispute Resolution Procedure (see Section 2
    and Appendix C).

     

    Faculty members who have been given such notice of termination shall be permitted to resign in lieu of termination.

  • 1.13.3 Terminal Notice or Salary

    (a) If an appointment is terminated for departmental or program discontinuances or institutional financial exigency the faculty member shall receive notice in accordance with the following schedule:

     

    1. at least three months, for the first year of service; or
    2. at least twelve months for all other faculty.

     

    If notice falls short of these specified amounts, then the
    faculty member should receive salary and benefits such that the months of notice and salary and benefits total three months for faculty as described in (i) and twelve months for all other faculty (ii). 

     

    (b) In terminations for other causes, salary and benefits shall not continue for more than one month after the termination becomes effective unless special recommendations to this effect are made by the hearing committee or the President of OSU-CHS and approved by the Board of Regents.  

 

1.14 Terminations

  • 1.14.1 Terminations are permanent separation from employment

     for disciplinary reasons by OSU-CHS, or resulting from the
    discontinuance of a program. Such action for disciplinary reasons is the most severe form of discipline and is to be recommended only when other disciplinary action is administratively judged unlikely to:

    1. restore the fitness of faculty members to perform their
      professional responsibilities; or
    2. adequately protect OSU-CHS or its components from
      serious harm. 

    Termination or threat of termination shall not be used to restrain faculty members in their legitimate exercise of academic freedom.

  • 1.14.2 Grounds for Termination for Disciplinary Reasons

    Terminations for disciplinary reasons must be based upon
    reasonable cause related to either a serious lack of satisfactory performance or the lack of fitness and suitability to continue in the professional capacity of a faculty member. Termination proceedings may be initiated for reasons such as:

    1. incompetence in performing or in meeting appropriately
      assigned responsibilities;
    2. neglect of duty as indicated by failure or continued failure to
      sufficiently perform in accordance with applicable terms and
      conditions of employment;
    3. serious and apparently intentional misuse OSU-CHS
      property and resources;
    4. academic dishonesty;
    5. deliberate and grave violation of the rights or freedoms of
      fellow faculty members, administrators, or students;
    6. willful obstruction or disruption or attempts to obstruct or
      disrupt the normal operation or functions of OSU-CHS; or
      advising, or procuring, or actively encouraging others to do
      so; or
    7. serious violations of law that are admitted or proved before a
      competent court, preventing the faculty member from
      satisfactory fulfillment of professional duties or
      responsibilities; or violations of a court order, when such
      order relates to the faculty member’s proper performance of
      professional responsibilities; or 
    8. other improper conduct which is seriously injurious to the
      best interests of OSU-CHS or its components.
  • 1.14.3 Termination Procedures

    Procedures to be followed in cases of termination are presented in Appendix G.

  • 1.14.3.1 Dismissal Procedures for Title IX Hearing Cases

    If dismissal is sought based upon the outcome of a Title IX hearing, as provided under the Title IX regulations codified at 34 CFR Part 106 (“Regulations”), the processes set forth in Appendix G will be used only to review the outcome of the Title IX Hearing and appropriateness of termination as a sanction and will not be utilized to reinvestigate or hear the underlying facts resulting in the Title IX Hearing outcome. In addition, the standard of evidence required for dismissal shall be the standard set forth in the OSU-CHS Title IX policy. In the event the Regulations are revoked, stayed by a court of competent jurisdiction, or are substantially altered and OSU-CHS no longer follows the provisions set forth therein for investigating and adjudicating Title IX cases, this provision will not apply.

 

2. Dispute Resolution Policy

  • 2.1 Policy Statement

    It is the policy of OSU-CHS that all full-time and
    part-time members of the OSU-CHS faculty, including those holding non tenure-track appointments, may petition for review of certain personal employment concerns defined in this document. 

     

    Persons holding a joint appointment (i.e., faculty and staff or administration combination) shall use the dispute resolution procedure germane to the nature of the dispute; e.g., if the dispute is relevant to one’s work assignment as a member of the faculty, the faculty dispute resolution procedure shall be utilized. 

  • 2.2 Definition

    A qualified employment dispute is a faculty member’s
    timely written objection to matters related to particular working conditions, but normally excluding suspensions, sanctions, terminations, or actions taken as a result of financial exigency. 

  • 2.3 Grounds for Dispute

    A “petition for resolution of dispute” may be
    filed after informal consultation with appropriate administrators has failed to resolve a faculty member’s concerns. Faculty members cannot file disputes against other faculty members. The dispute must address an administrator’s failure to act on or address a faculty member’s concerns. Some issues, including sexual discrimination or discrimination against a protected class, may be violations of law and should be immediately referred to the appropriate department and not be part of a dispute hearing. With this exception, a “petition
    for resolution of dispute” should be initiated for cases where the faculty member is being treated in a manner different than their peers, and inconsistent with the terms and conditions of their employment. The issue must be tangible and the faculty member must provide both evidence of the disputed issue and a potential resolution of the dispute. Examples include: 

    1. disregard on the part of the unit administrator or other
      member(s) of the administration of complaints relating to the terms and conditions of the appointment; 
    2. an unreasonable compensation over a prolonged period of
      time (two years or more); 
    3. unreasonable denial of promotion; 
    4. unreasonable denial of leave; 
    5. unreasonable denial of reappointment;
    6. unreasonable workload or physical working conditions;
    7. unreasonable denial of access to OSU-CHS resources
      necessary for the faculty member’s compliance with the basic
      terms and conditions of the appointment; 
    8. unacceptable reassignment growing directly out of actions
      specified in Section 1.13; 
    9. changes in assignment or conditions of employment if
      unrelated to sanctions or medical leave; and/or
    10. suspension for more than six months; 

    For a dispute that does not fit the specific examples above, the faculty member should bring the dispute to the President of Faculty Senate. The President may seek counsel from the Faculty Senate Executive Committee, the Provost, and other OSU-CHS employees with knowledge of the issue. The President, at their discretion, will authorize the dispute, deny the dispute or refer the dispute to resolution by procedures set forth in Appendix C.

     

    Faculty members who believe they have a qualified employment dispute that warrants filing a petition will be expected to have thoroughly discussed their complaint with their unit administrator, dean, and other appropriate administrators. Policies and procedures for resolution of disputes are set forth in Appendix C.

  • 2.4 Title IX/Equal Opportunity

    Title IX of the Education Amendments
    and OSU-CHS policy prohibit discrimination in the provision of services or benefits offered by OSU-CHS based on gender. Any person (student, faculty, or staff) who believes that discriminatory practices have been engaged in based on gender may discuss their concerns and file informal or formal complaints of possible violations of Title IX with the Director of Human Resources and/or the OSU Title IX Coordinator. The Director of Human Resources is also specifically authorized to deal with complaints concerning sexual harassment or gender discrimination. (See OSU-CHS Policy and Procedures 1-70703 for details.) Complaints related to discrimination
    based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, or protected veteran status will also be handled by the Director of Equal Opportunity. 

  • 2.5 Formal Dispute Resolution Procedures

    Faculty members who believe they have a qualified employment dispute that warrants filing a petition will be expected to have thoroughly discussed their complaint with their unit administrator, dean, and other appropriate
    administrators. Policies and procedures for resolution of disputes are set forth in Appendix C.

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