Unfavorable Decisions for Tenure-Track Faculty Members

The decision whether to reappoint, promote or recommend Permanent Tenure, when a contract expires for a Faculty Member who had a Tenure-Track appointment, may be based on any factor considered relevant to the total institutional interests. However, it must consider the Faculty Member’s demonstrated professional competence, the potential for future contributions, and institutional needs and resources. In no event shall a decision not to reappoint a Faculty Member be based upon (a) the exercise by the Faculty Member of rights guaranteed by the First Amendment to the United States Constitution, or by Article I of the North Carolina Constitution, or (b) the Faculty Member’s race, sex, creed, color, religion, national origin, age, disability, veteran’s status, or other forms of discrimination prohibited under the policies adopted by the Board of Trustees (c) personal malice. For purposes of this section, the term “personal malice” means dislike, animosity, ill-will, or hatred based on personal characteristics, traits or circumstances of an individual.

Within 14 calendar days after receiving Formal Notice of nonreappointment, nonpromotion, or of a decision not to recommend Permanent Tenure from the provost, a Faculty Member may request in writing a private conference with the provost to discuss the reason(s) for the decision. If the faculty member does not request review of the notice of non-reappointment in a timely fashion, then the non-reappointment is final without recourse to any further review by faculty committees, the University, or the Board of Governors. This request shall be granted and the conference held within 10 Days after receipt of the request. Within 10 Days after the conference, the provost shall give the Faculty Member Formal Notice whether the decision to not reappoint, not promote, and/or not grant Permanent Tenure remains in effect with a copy to the chancellor.

Within 14 calendar days after the Faculty Member receives Formal Notice of the decision and, if the Faculty Member is not satisfied with the decision of the provost he/she may request that the Faculty Hearing Committee on Discharge and Nonreappointment review the decision. This review is limited solely to determining whether the decision not to reappoint, promote, or recommend Permanent Tenure was based upon any of the Impermissible Grounds in Definitions, E or Material Procedural Irregularities in Definitions, F.

The request for review shall be written and addressed to the chair of the Faculty Hearing Committee on Discharge, and Nonreappointment with a copy to the Provost. The Faculty Member must state clearly which of the three Impermissible Grounds, as stated in Definitions, E or procedural errors as outlined in Definitions, F were used as the basis for nonreappointment or non-promotion and include a concise statement of facts that the Faculty Member believes supports the contention.

Such a request constitutes on the Faculty Member’s part: (1) a representation of ability to prove the contention, and (2) an agreement that the institution may offer in rebuttal of the contention any relevant data within its possession.

The committee shall consider the request and grant a hearing if it determines that (a) the request contains a contention that the decision was impermissibly based under Definitions, E or procedural errors occurred based under Section Definitions, F and (b) the facts suggested, if established, will support the contention. A denial of the request for review finally confirms the decision of the Provost not to reappoint, promote or grant permanent tenure. If the request for review is granted, a hearing shall be held within 20 Days after the request for review is received. The Faculty Member and the Provost shall be given at least 10 Days’ Formal Notice of the hearing. The notice to the Faculty Member and the provost shall include the date of the hearing and the membership of the committee. Within 5 Days of receipt of notification, the Faculty Member may request a substitution in the committee’s membership, if a committee member constitutes a conflict of interest. The chair of the hearing committee shall review any substitutions with the parties involved and shall consult with the parties to reschedule a hearing, if necessary.

Hearing Committee:

Powers and Duties. The Faculty Hearing Committee on Discharge and Nonreappointment shall hear cases of nonreappointment, nonpromotion, discharge, the imposition of serious sanctions, or terminations in accordance with Sections VI -VIII.

Composition, Terms of Office, and Election

A Faculty Member who has been discharged, suspended, or not re-appointed for reasons considered relevant to total institutional interests may request a hearing before this statutory committee on the written specification of reasons for the intended discharge.

The committee shall be composed of five Senior Faculty Members. Four alternates who are Senior Faculty Members will also be elected. Members are elected annually (August of each year) by full-time Faculty Members who do not hold administrative positions at the level of chair, dean, or higher. No administrator at the level of department chair, dean, or higher may serve on this committee.

Faculty Members shall elect committee members by majority vote during the first week of classes of the fall semester, or as appropriate to fill vacancies, as outlined in the Faculty Constitution.

A committee member who holds an appointment in the same department as the aggrieved Faculty Member, who plans to testify at the hearing, who served on the committee which previously considered the case, and who has a conflict of interest shall be disqualified from serving on the hearing panel. In this case, the committee member with a conflict shall not attend the hearing and participate in the discussions.