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MnSCU-IFO Master Agreement 1995-1997

ARTICLE 25 - Tenure, Promotions, and Non-Renewal

Section A. Criteria.

Subd. 1. Tenure. The decision to award tenure shall be based on the principle of a demonstrated cumulative record of positive performance and professionally competent achievement consistent with the goals of the institution over the duration of the probationary period on the criteria outlined in Article 22. Annual evaluations that are minimally satisfactory and are used, in part, in the tenure decision, may result in the denial of tenure.

Subd. 2. Promotion. The decision to promote shall be based on a demonstrated cumulative requisite record of professional performance and high achievement appropriate to the relevant rank.

Section B. Tenure. The following procedures shall constitute the process of consideration for tenure.

Subd. 1. Progress reports completed in accordance with Article 22, Section D. along with all required forms and documents, and all information provided by the faculty member being considered for tenure shall be sent to the immediate supervisor by January 31. If a faculty member does not comply by that date, h/she shall lose protection provided in Subd. 11. below. Failure of any faculty member to provide any required materials shall not prevent the process from continuing if the review is during the final year of the probationary period.

Subd. 2. The faculty member's department (appropriate college at Metro State) and chair shall forward recommendations regarding tenure to the immediate supervisor.[See Art. 20, Sec. A, Subd. 4.] The faculty member is entitled to attach comments to the recommendations. Copies of the recommendations shall be sent to the faculty member by the chair (dean of the college at Metro State). Failure of the department (college at Metro State) and/or chair to make a recommendation to the immediate supervisor shall not prevent the process of review from continuing.

Subd. 3. The immediate supervisor shall provide a written assessment in accordance with Article 22, Section D, and subsequently shall provide a written recommendation regarding tenure to the supervising Vice President. The recommendation of the immediate supervisor shall be sent to the faculty member in accordance with Article 5, Section A. The faculty member is entitled to attach comments to the recommendation.

Subd. 4. After receiving the materials specified in Section B. Subd. 2. and 3. above, the supervising Vice President shall prepare a written recommendation regarding tenure. Notice of a negative recommendation shall be sent to the faculty member in accordance with Article 5, Section A. Upon request, the faculty member shall be given the opportunity to meet with the supervising Vice President to discuss the recommendation. The faculty member is entitled to attach comments to the recommendation. Such comments must be provided to the supervising Vice President by May 1.

Subd. 5. The supervising Vice President shall forward a written recommendation, along with any comments from the faculty member, to the President.

Subd. 6. Should a recommendation for denial of tenure be made by the department (college at Metro State), the chair, the immediate supervisor or the Vice President, the President shall invite the faculty member to meet to discuss the recommendations before a decision is made. The faculty member may choose to be accompanied by an Association Representative.

Subd. 7. The President, after considering the recommendations and the faculty member's comments, shall decide whether or not to grant tenure and shall notify the faculty member of the decision by June 15 in accordance with Article 5, Section A.

Subd. 8. The President's written notice of denial of tenure shall include reasons for denial.

Subd. 9. In cases of denial of tenure, the faculty member's appointment expires at the end of the subsequent academic year.

Subd. 10. A probationary faculty member who has been given notice of denial of tenure shall, upon request, be granted an interview with the President by January 15 of the terminal year in order to discuss his/her employment status. Any change in the decision shall be communicated to the faculty member in writing within fifteen (15) days.

Subd. 11. During the fifth (5^th) year of a probationary period or during the last year of a shortened probationary period, faculty members who are denied tenure without evaluation in compliance with Article 22 during the academic year in which notice of denial is given shall have the decision rescinded and shall obtain an additional year of employment during which they shall re-apply for tenure. If tenure is subsequently awarded, it will be retroactive to the year following the year in which the tenure was denied due to the lack of evaluation in accordance with Article 22. The Administration may not intentionally avoid conducting an evaluation in order to extend the probationary period. In the event that a faculty member undergoes two successive tenure reviews wherein the Arbitrator reverses the decision on alleged violations of Subd. 3. through Subd. 9. above, the arbitrator is free to fashion the appropriate remedy, which may in certain cases be an award of tenure.

Subd. 12. If a faculty member voluntarily withdraws from the established tenure review process, the review shall conclude at that point. If this is in the last year of the probationary period, the faculty member's appointment will terminate at the end of the subsequent year.

Section C. Promotion. The criteria to be used in the promotion process shall include those described in Article 22, Section B. The following shall constitute the process for consideration for promotion.

Subd. 1. A faculty member seeking promotion shall give notice of intent to the immediate supervisor by November 15. The faculty member completes an application for promotion and sends a copy, along with supporting documentation, to the department/unit through the chair. The recommendation of the department/unit and of the chair [See Article 20, Section A., Subd. 4.], with all documentation, shall be sent to the immediate supervisor by January 31, with copies sent to the faculty member by the chair.

Subd. 2. A copy of the immediate supervisor's proposed recommendation shall be given to the faculty member. After receipt of this recommendation, the faculty member shall be given the opportunity to meet with the immediate supervisor. The faculty member may submit written comments to the Vice President regarding the immediate supervisor's recommendations.

Subd. 3. The supervising Vice President's recommendation shall be sent to the President by May 1. A copy of the Vice President's recommendations shall be sent to the faculty member. Upon receipt of the Vice President's recommendation, the faculty member may request an interview with the President before the President decides on the request for promotion. The President's decision shall be conveyed to the faculty member in writing by June 15.

Subd. 4. The President's decision to grant or to deny promotion shall not be arbitrary or capricious. Processing of any subsequent applications for promotion shall take into account the areas of deficiency upon which promotion was denied.

Subd. 5. A faculty member who is not promoted may, upon request, meet with the President or designee to discuss the President's decision. The faculty member may request, and shall be furnished, written indication of deficiencies and guidance concerning appropriate action to overcome such deficiencies.

Subd. 6. Failure of the department/unit or chair to make a recommendation to the immediate supervisor by January 31 shall not preclude the president from making a promotion decision.

Subd. 7. Length of service in rank and at the university may be a factor in consideration for promotion. Normally, three (3) years in rank, with two (2) evaluations conducted in accordance with Article 22, will be a minimum prerequisite for consideration for promotion. (See Article 22). All full-time faculty whose appointments are effective after the beginning of the academic year shall be considered as having begun service at the beginning of that academic year. Faculty members who do not receive a full evaluation under Article 22 shall not be denied consideration for promotion.

Subd. 8. All promotions shall take effect on the first duty day of the subsequent year as indicated in the appointment form.

Subd. 9. An instructor shall be promoted to Assistant Professor upon being granted tenure.

Section D. Non-Renewal of Probationary Faculty. A recommendation for non-renewal of a probationary faculty member may be made by the appropriate department, immediate supervisor or Vice President.

Subd. 1. Should a recommendation for non-renewal be made, the President shall invite the faculty member to meet with him/her to discuss the recommendation before his/her decision is made. The faculty member may be accompanied by an IFO representative.

Subd. 2. Notice of non-renewal of probationary faculty shall be as follows.

a. For first year faculty, the notice of non-renewal shall be given no later than November 1 of the second academic year of their appointment. Following notice of non-renewal, the faculty member shall have employment through the remainder of his/her second academic year.

b. For all other faculty, the notice of non-renewal shall be given no later than August 1. Following notice of non-renewal, the faculty member shall have employment through the subsequent academic year.

c. Service of written notice shall be in accordance with Article 5, Section A.

d. Written notice shall include reasons for the non-renewal.

Subd. 3. A probationary faculty member who has been given notice of non-renewal shall, upon request, be granted an interview with the President by January 15 of the terminal year in order to discuss his/her employment status. Any change in the decision to non-renew shall be communicated to the faculty member within fifteen (15) days.

Subd. 4. The probationary faculty member who is non-renewed shall have access to the full grievance procedure for any violation of Subds. 2 and 3 above and shall have access through the President's level of the grievance procedure for any other violations of this Subdivision.

Subd. 5. Probationary faculty members who are non-renewed without evaluation in compliance with Article 22 during the academic year in which the notice of non-renewal is given shall have their non-renewal rescinded and obtain an additional year of employment during which an appropriate evaluation shall be conducted.

The additional year of employment shall not automatically confer tenure upon faculty members nor shall it be construed as authorizing the Administration to intentionally avoid conducting an evaluation to thereby extend the probationary period. Faculty members who fail to submit their Progress Report in accordance with Article 22, Section D., Subd. 3. shall lose the protection provided by this Subdivision.

Section E. Non-Renewal of Non-Tenure Track Faculty. Non-renewal of non-tenure track faculty shall be based on performance evaluation as provided for in Article 22. Notice of non-renewal shall be by August 1. The faculty member shall have employment through the remainder of the subsequent academic year.

Section F. Dismissal of Tenured Faculty. Dismissal of tenured faculty shall be in accordance with Articles 23 and 24.

Section G. Arbitration. In the event that the decision to non-renew a probationary faculty member, or to deny tenure or promotion is grieved and appealed to arbitration, the arbitrator is limited to determining whether the President's decision was arbitrary or capricious or was procedurally flawed.