COLUMBIA COLLEGE CHICAGOSTATEMENT OF POLICY ON ACADEMIC FREEDOM, FACULTY STATUS, TENURE, AND DUE PROCESS
Adopted by the Board of Trustees | |
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-i- TABLE OF CONTENTS PREFACE - page 1
I. ACADEMIC FREEDOM - page 2 A. Definition - page 2 B. Protection - page 2 II. ESTABLISHMENT OF TENURE - page 2 A. Objectives - page 2 B. Nature of Tenured Appointment - page 3 C. Appointment as Provost, Dean, or Chair - page 3 III. ACADEMIC APPOINTMENTS - page 4 A. Specification of Nature of Appointments - page 4 B. Part-Time Appointment - page 4 C. Artist-In-Residence Appointment - page 5 D. Lecturer Appointment - page 5 E. Tenure-Track Appointment - page 5 F. Tenured Appointment - page 6 IV. CRITERIA FOR TENURED APPOINTMENTS - page 6 A. General Policy - page 6 B. Evaluation Areas - page 7 C. Criteria in General - page 7 1. Teaching and Curricular Development - page 7 2. Creative Endeavor and Scholarship - page 8 3. College and Community Service - page 8 D. Department Tenure Criteria - page 9 1. Content - page 9 2. Approval - page 9 3. Distribution - page 9 V. EVALUATION OF FACULTY MEMBERS WITH TENURE-TRACK APPOINTMENTS - page 10 A. Conduct of Evaluation - page 10 -ii- 1. Evaluation Frequency - page 10 2. Faculty Tenure-Track Report - page 10 3. Tenure-Track Committee - page 10 4. Evaluation Process - page 11 5. Committee Tenure-Track Report - page 11 6. Objectives of Evaluation Process - page 11 7. Distribution of Committee Tenure-Track Report . 12 B. Time Table - page 12 VI. RENEWAL AND NONRENEWAL OF TENURE-TRACK APPOINTMENTS - page 12 A. Tenure-Track Period - page 12 B. Nonrenewal of Tenure-Track Appointments - page 13 C. Timing and Notice of Renewal or Nonrenewal 13 D. Written Reasons and Review - page 14 VII. GRANT OF TENURED APPOINTMENTS - page 14 A.Tenure Appointment Process for Faculty Members with Tenure-Track Appointments - page 14 1. Application - page 14 2. Department Processes - page 15 (a) Evaluation - page 15 (b) Report - page 15 (c) Distribution and Comments - page 15 3. School Dean Processes - page 16 4. ACT Committee Processes - page 16 (a) Report - page 16 (b) Distribution and Comments - page 16 5. Provost Processes - page 17 6. President Processes - page 17 7. Review of the President’s Decision - page 18 8. Record Retention - page 18 B. Expedited Process for Granting Tenure to Persons Who Are Not Then Members of the Faculty - page 18 1. Appropriate Circumstances - page 18 2. Reports - page 19 3. President’s Decision - page 19 VIII. EVALUATION OF FACULTY MEMBERS WITH TENURED APPOINTMENTS - page 19 A. Establishment of Post-Tenure Review Process 19 1. Rationale - page 19 -iii- 2. Objectives - page 19 3. Criteria - page 20 B. Faculty Member Self-Evaluation - page 20 1. Draft Report - page 20 2. Comments on the Draft Report - page 21 3. Final Report - page 21 C. Department Evaluation - page 21 1. Evaluation Process - page 21 2. Department Post-Tenure Report - page 21 3. Distribution and Comments - page 22 D. ACT Committee Evaluation - page 22 1. Evaluation Process - page 22 2. ACT Post-Tenure Report - page 23 3. Distribution and Comments - page 23 E. Provost Evaluation - page 23 1. Process - page 23 2. Provost Post-Tenure Report - page 24 F. Failure to Satisfy Post-Tenure Expectations - page 24 1. Probationary Review - page 24 2. Assistance - page 24 3. Professional Incompetence - page 24 G. Provost, Deans, and Department Chairs - page 25 IX. SANCTION AND DISMISSAL OF FACULTY MEMBERS.. 25 A. General Principles - page 25 B. Sanctions - page 25 1. Authority - page 25 2. Procedure - page 26 (a) Discrimination and Harassment - page 26 (b) Other Conduct - page 26 C. Dismissal - page 27 1. Authority - page 27 2. Procedure - page 27 (a) Commencement of Process - page 27 (b) Review - page 27 D. Cause - page 29 -iv-
X. TERMINATION OF FACULTY MEMBERS WITH TENURED APPOINTMENTS FOR REASONS OTHER THAN CAUSE - page 29 A. General Principles - page 29 B. Advisory Report - page 30 C. Faculty Consultation - page 30 D. President’s and Council’s Recommendations - page 31 E. Board of Trustees’ Determination - page 31 F. Faculty Terminations and Review - page 31 G. Compensation - page 32 XI. REVIEW OF NONRENEWAL OR TERMINATION OF FACULTY APPOINTMENTS - page 32 A. Scope - page 31 B. Commencement of Review Process - page 32 C. Appropriate Bases for Review - page 32 D. Proceeding - page 32 E. President’s Decision - page 33 XII. ALL COLLEGE TENURE COMMITTEE - page 34 A. Composition and Term - page 34 B. Selection of Members - page 34 C. Deliberations - page 34 D. Officers - page 34 XIII. PERMANENT FILE - page 34 A. Maintenance - page 34 B. Use of Materials in Permanent File - page 35 XIV. TRANSITION POLICIES - page 35 A. Non-Probationary Faculty - page 35 B. Probationary Faculty - page 35 XV. REVIEW OF TENURE POLICY - page 36 A. Periodic - page 36 B. Focused - page 36 XVI. DEFINITIONS - page 36 A. Terms Defined in Previous Sections - page 36 -v- 1. Academic Freedom - page 36 -vi-
47. Tenure-Track Appointment - page 39 48. Tenure-Track Committee - page 39 49. Tenure-Track Evaluation Year - page 40 50. Tenure-Track Period - page 40 51. Tenure-Track Evaluation - page 40 B. Other Terms - page 40
2. Business Day - page 40 3. Deliver - page 40 4. Equity Officer - page 40 5. Procedures for Addressing Discrimination and Harassment. 40 6. School Dean, Chair and Department - page 40 7. Statement Review Committee - page 41 -1- COLUMBIA COLLEGE CHICAGO STATEMENT OF POLICY ON ACADEMIC FREEDOM, On May 31, 1997, the Board of Trustees of Columbia College Chicago adopted this Statement of Policy ( “Statement”) (1) for the purposes of securing the values of academic and artistic freedom to which the College is unwaveringly committed, confirming the professional stature, academic excellence and employment status of the faculty of the College, and advancing the mission of the College. The Board of Trustees amended this Statement, effective May 23, 2002, for the purpose of improving the operation of the tenure granting and post-tenure review processes, eliminating possible ambiguities and inconsistencies, and promoting a clearer understanding of the goals of the tenure system at Columbia College Chicago. The Board of Trustees further amended this Statement, effective October 9, 2003, in accordance with the recommendation of the Statement Review Committee appointed pursuant to Section XV.B, for the purpose of more clearly specifying the processes by which an Adverse Circumstance is declared and acted upon and adjusting certain procedures instituted by the May 23, 2002 amendments. (2) (1) All capitalized terms in this Statement are defined terms. Section XVI contains an index of all defined terms and either a reference to the Section of this Statement where such term is defined or a definition of such term. (2) This Statement, as amended, supersedes all previously adopted policies, regulations, statements, announcements, or other pronouncements of the College, including all materials in faculty and student handbooks, (collectively, “College Policies”) in so far as they are inconsistent with any provision of this Statement. A subsequently adopted College Policy in so far as it is inconsistent with any provision of this Statement shall have no force or effect unless it has been adopted or approved by the Board of Trustees. Notwithstanding the provisions of any College Policies to the contrary, if a provision of this Statement sets forth standards and procedures for the challenge or review of a College determination, the standards and procedures in this Statement shall be the exclusive means available for such challenge or review. This Statement does not supersede any collective bargaining agreement or any contract requiring the agreement of the parties for amendment, and it is subject, in all respects, to applicable laws and regulations. -2- I. ACADEMIC FREEDOM A. Definition. The Board of Trustees hereby reaffirms that all members of the Columbia College faculty, regardless of their employment status, are entitled to academic freedom as defined in and limited by Section 305 of the Faculty Handbook and Section 305 of the Part-Time Faculty Handbook (“Academic Freedom”).(3) This means that all faculty members are protected against institutional discipline or restraint in their discussion of relevant matters in the classroom, exploration of self-chosen avenues of scholarship, research and creative expression, and speaking and writing as public citizens. The Board of Trustees also reaffirms that academic freedom entails academic responsibilities, which include the conscientious performance of academic duties and obligations, the recognition of the high demands of integrity in the scholarly and creative enterprises, and the importance of candor in making clear that no individual faculty member can speak for the College in matters of public interest. B. Protection. Because of the strong commitment of Columbia College to academic freedom, the Board of Trustees believes it important to state unequivocally that no faculty member’s appointment shall be terminated for any belief, opinion, expression, or conduct, however unconventional or controversial, that is protected by applicable law or the principles of academic freedom as defined in Section I.A. Further, any explicit or implicit threat of termination or discipline for the purpose of constraining a faculty member in the exercise of his or her rights under applicable law or such principles of academic freedom is contrary to the policies of the College and will not be tolerated. II. ESTABLISHMENT OF TENURE AT COLUMBIA COLLEGE CHICAGO A. Objectives. The Board of Trustees formally adopted the system of faculty tenure set forth in this Statement on May 31, 1997. In so doing, it granted Tenured appointments to all then members of the College faculty who held post-probationary appointments and established procedures in accordance with which future candidates found to satisfy the criteria specified in this Statement could be granted tenure. The Board of Trustees took the step of (3) References in this Statement to faculty handbooks are to the Columbia College Faculty Handbook (Third Edition) April 1999 (“Faculty Handbook”) and the Part-Time Faculty Handbook Columbia College Chicago, September 1995 (“Part-Time Faculty Handbook”). Any amendment to any section of either handbook to which reference is made in this Statement shall not become effective until approved by the Board of Trustees. -3- establishing a formal tenure system at the College with full knowledge of the controversy surrounding the concept and with deep appreciation of the arguments pro and con that had been made with great force both in writing and directly before the Board of Trustees. At the end of its deliberations, however, the Board of Trustees was convinced that the carefully designed tenure system embodied in this Statement was both right and desirable for Columbia College because it would:
B. Nature of Tenured Appointment. A faculty member at Columbia College who holds a Tenured appointment has a right, subject to the terms and conditions in this Statement, to academic year employment for an indefinite period. A Tenured appointment confers no employment or procedural rights beyond those set forth in the Faculty Handbook (to the extent not inconsistent with this Statement) and this Statement. C. Appointment as Provost, Dean, or Chair. A person’s appointment as Provost, School or other Dean, or Department Chair is not a Tenured appointment. A person who holds an appointment as Provost, Dean, or Chair may also hold a Tenured or Tenure-Track appointment as a member of the -4- faculty but, whether or not that is the case, such a person holds the position of Provost, Dean, or Chair solely pursuant to the terms of his or her written contract of employment as such and may be removed (1) as Chair, by the Provost either for Cause, as defined in this Statement, or for cause as specified in Section 365.2 (Non-Renewal) of the Faculty Handbook (“Reason for Removal”), (2) as Dean, by the Provost either for Cause or for a reason similar to a Reason for Removal, and (3) as Provost, by the President for Cause or for a reason similar to a Reason for Removal. The removal of the Provost or a Dean or Department Chair is not subject to challenge or review on any basis. III. ACADEMIC APPOINTMENTS A. Specification of Nature of Appointments. Columbia College faculty members may perform various roles and functions, have various responsibilities, and hold various positions and expectations as set forth in written salary notification letters, faculty handbooks, and this Statement. Each faculty member’s appointment shall be one of five types: Part-Time appointment, Artist-in-Residence appointment, Lecturer appointment, Tenure-Track appointment, and Tenured appointment. The characteristics of each type of appointment are set forth in Sections III.B, C, D, E and F. Other faculty appointment categories may be created by the Provost, but in no circumstance may a person holding such an appointment be employed by the College in such capacity for more than two consecutive academic years. B. Part-Time Appointment. Part-Time appointments are made to persons of demonstrated talent on a semester-to-semester basis for the parttime performance of specified academic duties. A faculty member’s employment on a part-time basis confers on him or her no employment or procedural rights other than those set forth in the Part-Time Faculty Handbook (to the extent not inconsistent with this Statement) and any collective bargaining agreement to which such faculty member is subject. Part-Time appointments are renewed or not renewed solely at the discretion of the College. The decision of the College not to renew the Part-Time appointment of a faculty member is not subject to challenge or review on any basis except as may be specified in a collective bargaining agreement to which such faculty member is subject. A faculty member with a Part-Time appointment may be sanctioned for Sanctionable Conduct during the term of his or her employment in accordance with Section IX (Sanction and Dismissal of Faculty Members). Such a sanction shall not be subject to challenge or review except as may be specified in a collective bargaining agreement to which such faculty member is subject. -5- C. Artist-In-Residence Appointment. Artist-in-Residence appointments are made to persons of demonstrated talent on a semester-tosemester or year-to-year basis for the performance of specified academic duties. A faculty member with an Artist-in-Residence appointment shall have no right to or expectation of receiving an eventual Tenure-Track or Tenured appointment or of having his or her Artist-in-Residence appointment renewed. A faculty member’s employment as an Artist-in-Residence confers on him or her no employment or procedural rights other than those set forth in the Faculty Handbook (to the extent not inconsistent with this Statement). Artist-in-Residence appointments are renewed or discontinued solely at the discretion of the College. The decision of the College not to renew the Artist-in-Residence appointment of a faculty member that was made (a) on or subsequent to June 1, 2002, is not subject to challenge or review on any basis, and (b) prior to June 1, 2002, is subject to challenge and review solely in accordance with the provisions of Section 370 of the Faculty Handbook. A faculty member with an Artist-in-Residence appointment may be sanctioned for Sanctionable Conduct during the term of his or her employment in accordance with Section IX (Sanction and Dismissal of Faculty Members). Such a sanction shall be subject to challenge and review solely in accordance with the provisions of that section. D. Lecturer Appointment. Lecturer appointments are made to persons of demonstrated talent on a semester-to-semester or year-to-year basis for the performance of specified academic duties. A faculty member with a Lecturer appointment shall have no right to or expectation of receiving an eventual Tenure-Track or Tenured appointment or of having his or her Lecturer appointment renewed. A faculty member’s employment as a Lecturer confers on him or her no employment or procedural rights other than those set forth in the Faculty Handbook (to the extent not inconsistent with this Statement). Lecturer appointments are renewed or discontinued solely at the discretion of the College. The decision of the College not to renew the Lecturer appointment of a faculty member that was made (a) on or subsequent to June 1, 2002, is not subject to challenge or review on any basis, and (b) prior to June 1, 2002, is subject to challenge and review solely in accordance with the provisions of Section 370 of the Faculty Handbook. A faculty member with a Lecturer appointment may be sanctioned for Sanctionable Conduct during the term of his or her employment in accordance with Section IX (Sanction and Dismissal of Faculty Members). Such a sanction shall be subject to challenge and review solely in accordance with the provisions of that section. E. Tenure-Track Appointment. Tenure-Track appointments are made to persons whom the College expects will satisfy the criteria for the grant of a Tenured appointment as set forth in Section IV (Criteria for Tenured Appointments) at the end of their Tenure-Track Periods. Tenure-Track -6- appointments are made on an annual basis. A faculty member with a Tenure-Track appointment does not have a right to the renewal of his or her appointment or to be granted a Tenured appointment at the end of his or her Tenure-Track Period or upon the satisfaction of any fixed or objectively measurable set of requirements. A faculty member with a Tenure-Track Appointment has no employment or procedural rights other than those set forth in the Faculty Handbook (to the extent not inconsistent with this Statement) and this Statement. A faculty member with a Tenure-Track appointment has the right to be evaluated in accordance with the procedures and criteria set forth in Section V (Evaluation of Faculty Members with Tenured Track Appointments). The decision of the College not to renew the Tenure-Track appointment of a faculty member shall be subject to challenge and review solely in accordance with Section XI (Review of Nonrenewal or Termination of Faculty Appointments). A faculty member with a Tenure-Track appointment may be sanctioned for Sanctionable Conduct during the term of his or her employment in accordance with Section IX (Sanction and Dismissal of Faculty Members). Such a sanction shall be subject to challenge and review solely in accordance with the provisions of that section. F. Tenured Appointment. Tenured appointments are granted to persons solely in accordance with the provisions of Section VII (Grant of Tenured Appointments). A faculty member with a Tenured appointment may be sanctioned for Sanctionable Conduct and dismissed for Cause at any time in accordance with Section IX (Sanction and Dismissal of Faculty Members). Such a sanction or dismissal shall be subject to challenge and review solely in accordance with the provisions of that section. A faculty member with a Tenured appointment may be terminated without Cause in accordance with the provisions of Section X (Termination of Faculty Members With Tenured Appointments For Reasons Other Than Cause). Such a termination shall be subject to challenge and review solely in accordance with Section XI (Review of Nonrenewal or Termination of Faculty Appointments). IV. CRITERIA FOR TENURED APPOINTMENTS A. General Policy. A Tenured appointment is a significant and valuable commitment that Columbia College makes only to the most talented persons who seek to become permanent members of its faculty. The grant of such an appointment is extremely important both to the candidate and to the long-term academic quality and creative distinction of the College. As a consequence, the job security, employment protections, and institutional status conferred by this Statement on a faculty member with a Tenured appointment (“Tenure Rights”) are appropriate and justified only when such an appointment, -7- given the candidate’s performance and accomplishments to date and the reasonable expectations as to the candidate’s performance and accomplishments in the future, constitutes as good a permanent appointment in the candidate’s area of expertise and creative endeavor as Columbia College is capable of making, then or in the foreseeable future. B. Evaluation Areas. There can be no definitive list of objective criteria that, when satisfied, demonstrate that a faculty member or other candidate is deserving of a Tenured appointment. Tenure can and should be granted only when, in the President’s assessment, after completion of a process specified in Section VII (Grant of Tenured Appointments), a candidate has demonstrated the potential to contribute significantly over the course of his or her academic career to the mission of the College and its fundamental responsibilities of (1) teaching and curricular development, (2) creative endeavor and scholarship, and (3) college and community service (collectively, “Evaluation Areas”). Such a demonstration requires strong evidence of excellence in teaching and curricular development, professional distinction in creative endeavors and scholarship, and outstanding service that has contributed significantly to the mission of the College and the broader community. C. Criteria in General. The criteria for evaluating a tenure candidate’s performance and accomplishments in the Evaluation Areas are explicated below in the order of their importance. 1. Teaching and Curricular Development. Excellence in teaching means the skilled, effective, and knowledgeable presentation in the classroom of college-level subject matter. Such presentation requires a thorough grounding in the relevant discipline and significant skills in classroom management as shown by the construction of meaningful and coherent assignments, careful, imaginative, and appropriate course and curricular design, utilization of sound and accurate means for evaluating students’ performance, and application of appropriate and challenging grading standards. In addition, excellence in teaching requires a demonstrated ability to motivate students, be reasonably accessible to them, and provide sound advice and guidance concerning particular courses, the curriculum as a whole, College policies, and career prospects. Further, excellence in teaching requires a demonstrated awareness of and sensitivity to the states of preparedness, both academic and social, as well as to the economic and cultural circumstances, of the students the faculty member teaches and otherwise encounters in the performance of his or her College responsibilities. Excellence in curricular development means the imaginative, efficient, and knowledgeable development and implementation of instructional standards, materials and activities within a -8- Department or School. Such development and implementation requires not only a thorough grasp of the subject matter involved, but a sound understanding of the College’s educational objectives, an appreciation of, and sensitivity to, the academic aspirations and preparedness of the College’s students, a professional familiarity with appropriate educational methodologies and technologies, and a demonstrated commitment to promoting excellence as the hallmark of the educational experience at the College. 2. Creative Endeavor and Scholarship. Professional distinction in an area of scholarship or creative endeavor and the capacity and intention to continue to make contributions that will sustain and enhance that distinction are best shown by evidence that the merit, quality, originality, and importance of the faculty member’s creative achievements, scholarship, and professional accomplishments have been recognized by his or her professional peers.(4) Obvious examples of such recognition include awards, honors and grants; formal acknowledgment of accomplishments or distinction by recognized professional societies; critical praise by qualified peers in written reviews and evaluations of published works and public performances and exhibitions of the faculty member’s skills or creative production; distinguished editorial service for an appropriate journal, newspaper or other publication; and the publication of scholarship or creative production by reputable firms or in refereed journals or media of similar quality. Additional formal study in an appropriate area of scholarship or creative endeavor is an indication of a faculty member’s serious intent to achieve professional distinction in that area. Mere performance of, or attendance at, professional activities is not evidence of distinction in or contribution to the area of scholarship or creative endeavor in which the faculty member is engaged. 3. College and Community Service. Outstanding service contributions to the College are those that involve participation in standing and ad hoc committees, task forces, special appointments, projects, and events that enrich the life of the College and improve its operations as an institution. A certain amount of College service is expected of every faculty member. Indeed, because the College could not function without a conscientious faculty that willingly perform the necessary committee and other administrative work, College service is an appropriate consideration for a Tenured appointment only (4) Faculty members at Columbia College pursue a broad and diverse range of academic and artistic interests and objectives. There shall be no negative implication drawn from the fact that a particular faculty member’s professional accomplishments are or are not in an area of traditional academic scholarship or are or are not involved with artistic or creative endeavors broadly construed. Each faculty member who is evaluated for a Tenured appointment shall be judged in light of the particular nature of his or her academic pursuits, his or her distinction in that self-chosen area of professional involvement, and the relevance and importance of that area for the College and the Department. -9- when it rises significantly above the level of general expectation. Outstanding service contributions to a community outside of the College are those that involve the use of the faculty member’s professional skills or creative abilities in contributing significantly to the quality of community life or in helping in significant ways to frame or resolve important issues with which the community is confronted. D. Department Tenure Criteria. 1. Content. Because the evaluation criteria set forth in Section IV.C are of necessity general, those criteria do not reflect fully the unique, diverse, and specific expectations that the College’s various Departments have of their faculty members with Tenured appointments in each of the Evaluation Areas. Therefore, the success of the tenure system established by this Statement depends in large part on the Tenured members of each of the Departments of the College developing, in consultation with the appropriate School Dean, a written statement that articulates with reasonable specificity the indices and standards that their Department will use to evaluate whether a candidate for a Tenured appointment has met the general criteria set forth in Section IV.C. Each Department’s written statement of such specific tenure criteria (“Department Tenure Criteria”) must both conform to the general criteria and go beyond them by making clear how the Department will apply the general criteria in the context of its specific subject matter, programs, needs, and aspirations. Each statement of Department Tenure Criteria must specify the written information and other materials relevant to a faculty member’s performance and accomplishments in each of the Evaluation Areas that a candidate for a Tenured appointment should develop and preserve over the course of his or her Tenure-Track Period. 2. Approval. Upon its initial formulation and in every third year thereafter, each statement of Department Tenure Criteria shall be reviewed and approved, first, by the ACT Committee and, then, by the Provost to assure that such statement conforms to the general criteria in Section IV.C and facilitates achievement of the objectives of this Statement. 3. Distribution. At the commencement of a faculty member’s Tenure-Track appointment, the Chair of his or her Department shall Deliver to such faculty member a copy of the statement of Department Tenure Criteria. In the event of amendment of the Department Tenure Criteria, each faculty member in the Department with a Tenure-Track appointment promptly shall be given a copy of such amendment. Thereafter, the evaluation of such a faculty member, whether during a Tenure-Track Review or upon consideration of a Tenure Application, shall be done in relation to the provisions of the amended -10- Department Tenure Criteria. In cases in which the review of a faculty member in relation to the provisions of the amended Department Tenure Criteria would cause undue burden or clear unfairness, the Provost, upon written application, may waive the requirements of the preceding sentence. V. EVALUATION OF FACULTY MEMBERS WITH TENURE-TRACK APPOINTMENTS A. Conduct of Evaluation. 1. Evaluation Frequency. A faculty member with a Tenure-Track appointment shall be evaluated (“Tenure-Track Evaluation”) in his or her first year at the College and in each subsequent year thereafter (“Tenure-Track Evaluation Year”) until such faculty member either leaves the College or submits an application for Tenure in accordance with Section VII.A (Application). 2. Faculty Tenure-Track Report. In each Tenure-Track Evaluation Year, a faculty member shall prepare a written report (“Faculty Tenure-Track Report”) containing (a) a self-assessment of his or her performance and accomplishments during the prior academic year (or, in the case of a faculty member in his or her first year at the College, the prior academic semester) and (b) a plan as to his or her objectives for the next academic year with respect to his or her performance and accomplishments. In both the self-assessment and plan portions of the Faculty Tenure-Track Report, the faculty member shall focus on his or her performance and accomplishment in each of the Evaluation Areas in relation to the general criteria specified in Section IV.C (Criteria in General) and the specific criteria specified in the Department Tenure Criteria (collectively, “Evaluation Criteria”). 3. Tenure-Track Committee. The evaluation of a faculty member with a Tenure-Track appointment shall be conducted by a committee (“Tenure-Track Committee”) consisting of the Department Chair, one faculty member in the Department with a Tenured appointment selected by the Department Chair, one faculty member in the Department with Tenured appointment selected by the faculty member being evaluated, and one faculty member with a Tenured appointment not in the Department selected by the School Dean. (In the event there are not enough faculty members with Tenured appointments for the Department Chair and the faculty member each to select one person in the Department, the Department Chair, faculty member or both shall select a faculty member with a Tenured appointment not in the Department.) If, for any reason, a member of a Tenure-Track Committee is no -11- longer able to serve on the committee, a replacement shall be selected by the person who originally selected the faculty member no longer able to serve. 4. Evaluation Process. The evaluation itself shall consist, at a minimum, of the Tenure-Track Committee (a) reviewing the Faculty Tenure-Track Report and such other information and materials concerning the faculty member’s performance and accomplishments as are available to it, (b) interviewing the faculty member to explore further the nature, extent, and quality of his or her performance and accomplishments, and (c) assessing the faculty member’s performance and accomplishments in each of the Evaluation Areas in relation to the Evaluation Criteria. 5. Committee Tenure-Track Report. At the conclusion of the evaluation process, the Department Chair, in consultation with the members of the Tenure-Track Committee, shall prepare a written report (“Committee Tenure-Track Report”) including (a) conclusions as to the faculty member’s performance and accomplishments in each of the Evaluation Areas in relation to the Evaluation Criteria, (b) recommendations as to matters or activities to which the faculty member should pay specific attention during the next academic year, and (c) objections, if any, by members of the Tenure-Track Committee to the conclusions or recommendations in the Report. The number of members of the Tenure-Track Committee, if any, who object to such conclusions and recommendations shall be noted in, and all members of the Committee shall sign, the Committee Tenure-Track Report. Any member of the Tenure-Track Committee who disagrees with any aspect of the Committee Tenure-Track Report may submit to the Chair a signed statement setting forth the nature and extent of such disagreement. The Chair shall append any such statement to, and make such statement a part of, the Committee Tenure-Track Report. 6. Objectives of Evaluation Process. The Tenure-Track Committee shall be constructive and candid in its interactions with the faculty member being evaluated and in its preparation of the Committee Tenure-Track Report. The Tenure-Track Committee shall strive to apprise the faculty member clearly of its assessment of his or her performance and accomplishments in each of the Evaluation Areas and offer appropriate support and encouragement to the faculty member in realizing his or her professional potential. If the faculty member’s performance and accomplishments in any Evaluation Area are below the standards and expectations reflected in the Evaluation Criteria, the Tenure-Track Committee shall identify in the Committee Tenure-Track Report the areas in which the faculty member needs to improve his or her performance and accomplishments and a time period within which such improvement should be demonstrated. -12- 7. Distribution of Committee Tenure-Track Report. Upon its completion, the Department Chair shall Deliver the Committee Tenure-Track Report to the faculty member being evaluated. The faculty member shall then be given an opportunity to submit to the Department Chair (a) written comments on any aspect of the Committee Tenure-Track Report, including any apparently contradictory advice or evaluations he or she has received in prior evaluations or from the Department Chair or School Dean, and (b) an amendment to or supplement of his or her Faculty Tenure-Track Report. Upon receipt of, or indication that there will not be, such comments or amendments, the Department Chair shall Deliver to the School Dean and Provost the Faculty Tenure-Track Report, the Committee Tenure-Track Report, any additional written comments from the faculty member, and any other materials concerning the faculty member reviewed by the Tenure-Track Committee. The Provost shall place all information so received in the faculty member’s Permanent File. B. Time Table. In each Tenure-Track Evaluation Year, not later than the first Business Day of the eighth week of the fall semester (or, in the case of a faculty member in his or her first year at the College, the first week of the spring semester), the faculty member shall Deliver his or her Faculty Tenure-Track Report to the Department Chair. Not later than the first Business Day of the tenth week of the fall semester (or, in the case of a faculty member in his or her first year at the College, the third week of the spring semester), the Department Chair shall Deliver the Committee Tenure-Track Report to the faculty member. Not later than the first Business Day of the eleventh week of the fall semester (or, in the case of a faculty member in his or her first year at the College, the fourth week of the spring semester), the faculty member shall Deliver any written comments he or she may have on the Committee Tenure-Track Report to the Department Chair. Not later than two Business Days after the faculty member’s written comments are received or were due, the Department Chair shall Deliver copies of the Faculty Tenure-Track Report, Committee Tenure-Track Report, and written comments, if any, to the School Dean and the Provost. VI. RENEWAL AND NONRENEWAL OF TENURE-TRACK APPOINTMENTS A. Tenure-Track Period. During the period a faculty member at Columbia College holds a Tenure-Track appointment, his or her employment at the College is on a year-to-year, probationary basis. In the normal course, this period shall be six years of full time continuous employment. This probationary period, however, may be shorter or longer in the event such a shorter or longer period has been (a) agreed to in writing by the faculty member and the College -13- at the commencement of such faculty member’s Tenure-Track appointment or (b) authorized in writing by the Provost upon the formal recommendation of the Department Chair, in consultation with the members of the Tenure-Track Committee and School Dean. The length of the period that a faculty member may hold a Tenure-Track appointment, whether the normal six years or such agreed upon or approved shorter or longer time, is referred to as the “Tenure-Track Period.” B. Nonrenewal of Tenure-Track Appointments. Columbia College is committed to renewing the Tenure-Track appointments of, and granting Tenured appointments to, only those persons who will significantly contribute to the College’s distinctive mission and unique academic vision and only when such renewals or grants are consistent with the College’s institutional policies, financial condition and prospects, and curricular needs. Consequently, the College has the utmost latitude, limited only by applicable law, Academic Freedom, and the procedures established by this Statement, in deciding on an annual basis whether or not to renew a faculty member’s Tenure-Track appointment. A decision not to renew such an appointment for the forthcoming academic year may be, of course, for performance and accomplishments in an Evaluation Area below the standards and expectations reflected in the Evaluation Criteria. But such a decision may also be based on reasons that have little or nothing to do with the individual faculty member’s performance or accomplishments, including such matters as academic need and fit, institutional policy and objectives, and financial condition and priorities. Nonexclusive examples of possible reasons for the nonrenewal of a faculty member’s Tenure-Track appointment for reasons other than performance and accomplishments are (a) change or contemplated change in the direction, objectives, or content of the curriculum of the College as a whole or of a specific Department, School, or program (collectively, an “Area of Academic Focus”), (b) a decline in student enrollment in the College as a whole or a specific Area of Academic Focus, and (c) the inappropriateness, as determined in the sole discretion of the College, of further Tenured Track or Tenured appointments in the College as a whole or a specific Area of Academic Focus. C. Timing and Notice of Renewal or Nonrenewal. Upon the conclusion of each Tenure-Track Evaluation of a faculty member, the College shall decide whether or not to renew such faculty member’s Tenure-Track appointment for the forthcoming academic year. The Provost shall Deliver written notice of this decision to the faculty member not later than the first Business Day of the sixth week of the spring semester of his or her first year of Tenure-Track employment and not later than the first Business Day of the fifteenth week of the fall semester of any Tenure-Track Evaluation Year thereafter. -14- D. Written Reasons And Review. If the College decides not to renew a faculty member’s Tenure-Track appointment prior to the last year of his or her Tenure-Track Period, the reasons for that decision shall remain confidential unless the faculty member submits to the Provost a written request for a statement of such reasons. Following receipt of such a request, the Provost shall Deliver to the faculty member a written statement of the reasons the faculty member’s Tenure-Track appointment was not renewed. A faculty member whose Tenure-Track appointment is not renewed may challenge or seek review of that decision solely in accordance with Section XI (Review of Nonrenewal or Termination of Faculty Appointments). VII. GRANT OF TENURED APPOINTMENTS A. Tenure Appointment Process for Faculty Members with Tenure-Track Appointments. 1. Application. The final year of the Tenure-Track Period for a faculty member with a Tenure-Track appointment is referred to as the faculty member’s “Application Year.” On or shortly before the first Business Day of the second week of the fall semester of the Application Year, the faculty member shall Deliver to the Provost, with a copy of the cover letter to the Department Chair and School Dean, an application for tenure (“Tenure Application”). (The failure of a faculty member so to Deliver a Tenure Application shall be deemed notice of his or her resignation from the College at the end of the Application Year.) The Tenure Application should contain a cover letter formally requesting a Tenured appointment and such additional information and materials as the faculty member believes will assure full and appropriate consideration of his or her (a) performance and accomplishments in each of the Evaluation Areas in relation to the Evaluation Criteria during the period of his or her Tenure-Track employment at the College and (b) detailed plan with respect to anticipated performance and accomplishments over the next five years, including an identification of his or her specific undertakings, commitments, and aspirations for that period and an explanation of how this plan will affect and relate to College and Department needs, resources and goals. It is the faculty member’s responsibility to assure the adequacy of such information and materials and the accuracy and completeness of his or her Permanent File. -15- 2. Department Processes. (a) Evaluation. Upon receipt of a faculty member’s Tenure Application, the Department Chair and all faculty members in the Department with Tenured appointments (“Reviewing Faculty”) shall evaluate the faculty member’s performance and accomplishments in each of the Evaluation Areas in relation to the Evaluation Criteria. This evaluation shall, at a minimum, consist of (a) a review of the Tenure Application and such other information and materials concerning the faculty member’s performance and accomplishments during his or her period of Tenure-Track employment at the College as are available to the Department, and (b) an interview of the faculty member. (b) Report. Upon completion of the Department’s evaluation, the Department Chair, in consultation with the members of the Reviewing Faculty, shall prepare a written report (“Department Tenure Report”) that (a) identifies all materials and persons consulted in the preparation of the report, (b) sets forth specific conclusions as to the faculty member’s past, and likely future, performance and accomplishments in the Evaluation Areas in relation to the Evaluation Criteria, and (c) presents a reasoned recommendation as to whether the faculty member should or should not be granted a Tenured appointment. The number of persons among the Reviewing Faculty, if any, who disagree with the conclusions and recommendation in the Department Tenure Report shall be noted in, and the Chair and all members of the Reviewing Faculty shall sign, such report. (A faculty member’s signature shall affirm only that he or she has read such report.) Any member of the Reviewing Faculty who disagrees with any conclusion or recommendation in the Department Tenure Report may submit to the Chair a signed statement setting forth the nature and extent of such disagreement. The Chair shall append any such statement to, and make such statement a part of, the Department Tenure Report. (c) Distribution and Comments. Not later than the first Business Day of the sixth week of the fall semester of the Application Year, the Department Chair shall Deliver the Department Tenure Report to the candidate. Not later than the first Business Day of the seventh week of the fall semester of the Application Year, the faculty member shall Deliver to the Department Chair any written comments he or she may have on the Department Tenure Report. Not later than two Business Days after such comments are received or were due, the Department Chair shall Deliver to the School Dean the Department Tenure Report and the candidate’s written comments on it, if any. -16- 3. School Dean Processes. Not later than the first Business Day of the ninth week of the fall semester of the Application Year, the School Dean, after review of such materials as he or she deems appropriate, shall prepare and Deliver to the faculty member a written report (“Dean Tenure Report”) that (a) evaluates the faculty member’s past, and assesses his or her likely future, performance and accomplishments in each of the Evaluation Areas in relation to the Evaluation Criteria and (b) presents a reasoned recommendation as to whether the faculty member should or should not be granted a Tenured appointment. Not later than the first Business Day of the tenth week of the fall semester of the Application Year, the faculty member shall Deliver to the School Dean any written comments he or she may have on the Dean’s Report. Not later than two Business Days after such comments are received or were due, the School Dean shall Deliver to the ACT Committee, with a copy to the Department Chair, the Dean Tenure Report, the faculty member’s written comments on it, if any, and all materials concerning the faculty member Delivered to the School Dean by the Department Chair and all other materials reviewed by the School Dean in the process of making his or her recommendation. 4. ACT Committee Processes. (a) Report. Based solely on the materials received from the School Dean, the ACT Committee shall prepare a written report (“ACT Tenure Report”) that (a) evaluates the faculty member’s past, and assesses his or her likely future, performance and accomplishments in each of the Evaluation Areas in relation to the Evaluation Criteria and (b) presents a reasoned recommendation as to whether the faculty member should or should not be granted a Tenured appointment. The number of persons on the ACT Committee, if any, who disagree with the conclusions and recommendation in the ACT Tenure Report shall be noted in, and all members of the ACT Committee shall sign, such report. (An ACT Committee member’s signature shall affirm only that he or she has read such report.) Any member of the ACT Committee who disagrees with any conclusion or recommendation in the ACT Tenure Report may submit to the ACT Committee Chair a signed statement setting forth the nature and extent of such disagreement. The Chair shall append any such statement to, and make such statement a part of, the ACT Tenure Report. (b) Distribution and Comments. Not later than the first Business Day of the thirteenth week of the fall semester of the Application Year, the ACT Committee Chair shall Deliver the ACT Tenure Report to the faculty member. Not later than the first Business Day of the fourteenth week of the fall semester of the Application Year, the faculty member shall Deliver to the ACT -17- Committee Chair any written comments he or she may have on the ACT Tenure Report. Not later than two Business Days after such comments are received or were due, the ACT Committee Chair shall Deliver to the Provost, with a copy to the Department Chair and School Dean, the ACT Tenure Report, the faculty member’s written comments on it, if any, and all other materials concerning the candidate submitted to the ACT Committee by the School Dean. 5. Provost Processes. Upon receipt of the materials from the ACT Committee, the Provost shall assess the appropriateness of granting a Tenured appointment to the faculty member in light of all relevant considerations bearing on that issue, including, but not limited to, the recommendations of the Department, School Dean, and ACT Committee. In making this assessment, the Provost may meet with the School Dean and the members of the Department and the ACT Committee who participated in evaluating the faculty member. The Provost shall not meet with, or otherwise receive information from, any other person concerning the faculty member unless the faculty member is notified of such meeting, given copies of any information received and provided an opportunity, within not more than three Business Days, to respond in writing to the fact of such meeting and the substance of such information. Not later than the first Business Day of the fifteenth week of the fall semester of the Application Year, the Provost shall Deliver to the President a written report (“Provost Tenure Report”) that contains (a) his or her reasoned recommendation as to whether the faculty member should or should not be granted a Tenured appointment and (b) all materials concerning the candidate Delivered to the Provost by the ACT Committee and all other materials reviewed by the Provost in the process of making his or her recommendation. 6. President Processes. Upon receipt of the Provost Tenure Report, the President shall decide, based on his or her independent evaluation of the best interests of the College, in light of the recommendations and all materials then available, whether or not to grant the faculty member a Tenured appointment. In making this decision, the President shall not consult (a) about the qualifications of the individual faculty member, with any person who (i) did not participate in the formulation of a recommendation as to whether or not to grant such faculty member a Tenured appointment or (ii) is not providing legal representation to the College, or (b) about matters concerning the grant of the Tenured appointment unrelated to the qualifications of the individual faculty member, with any person who is not a member of (i) the President’s Cabinet or (ii) the College’s Board of Trustees. Not later than February fifteenth of the Application Year, the President shall Deliver to the faculty member (with copies to the Department Chair, School Dean, ACT Committee Chair, and Provost) written notice of his or her decision. In the event the faculty member is not -18- granted a Tenured appointment, his or her Tenure-Track appointment shall not be renewed and a nonrenewable, one year appointment shall be offered to the faculty member for the following academic year. 7. Review of the President’s Decision. The President’s reasons for not granting a Tenured appointment to a faculty member shall remain confidential unless the faculty member submits to the President a written request for a statement of such reasons. Following receipt of such a request, the President shall Deliver to the faculty member a written statement of his or her reasons for not granting a Tenured appointment together with all materials that were available to the President in making his or her decision. A faculty member who is not granted a Tenured appointment may challenge or seek review of the President’s decision solely in accordance with Section XI (Review of Nonrenewal or Termination of Faculty Appointments). 8. Record Retention. The President shall Deliver all written materials developed in the course of the Tenure appointment process to the Provost’s office. Such materials, except for the additional information and materials submitted by the faculty member in his or her Tenure Application, shall be retained in the faculty member’s Permanent File. The additional information and materials submitted in the Tenure Application shall be returned to the faculty member. B. Expedited Process for Granting Tenure to Persons Who Are Not Then Members of the Faculty. 1. Appropriate Circumstances. Circumstances may arise in which the College wishes to hire as a faculty member an exceptional candidate who already has tenure at another institution of higher learning or who has clearly demonstrated superior performance and accomplishments in relation to the Evaluation Criteria. In such circumstances, the Provost may commence an expedited process for the grant of a Tenured appointment by delivering to the ACT Committee Chair, Department Chair, and School Dean, the candidate’s application for expedited grant of a Tenured appointment (“Expedited Tenure Application”). Such an application should contain such information and be accompanied by such materials as the candidate believes will assure full and appropriate consideration of his or her (a) past performance and accomplishments in each of the Evaluation Areas in relation to the Evaluation Criteria and (b) detailed plan with respect to anticipated performance and accomplishments over the next five years, including an identification of his or her specific undertakings, commitments, and aspirations for that period. -19- 2. Reports. Not later than fifteen Business Days after receipt of an Expedited Tenure Application, the Department Chair, in consultation with the members of the Reviewing Faculty, the School Dean, and the ACT Committee Chair, in consultation with the members of that Committee, each working independently, shall prepare and then Deliver to the Provost written reports containing reasoned recommendations as to whether the candidate should or should not be granted a Tenured appointment on an expedited basis. 3. President’s Decision. After the three written reports are received or were due, the Provost may recommend to the President that the candidate be offered a position on the faculty of the College with a Tenured appointment. Upon receipt of such a recommendation from the Provost, the President is authorized, in his sole discretion, to extend such an offer to the candidate. The President’s decision not to extend such an offer is not subject to challenge or review on any basis. VIII. EVALUATION OF FACULTY MEMBERS WITH TENURED APPOINTMENTS A. Establishment of Post-Tenure Review Process. 1. Rationale. Faculty members with Tenured appointments should be among the most productive, creative, and involved members of the College’s entire faculty. Indeed, Columbia College is committed to encouraging its entire faculty, and particularly its faculty with Tenured appointments, to excel as teachers, academic innovators, creative exemplars, and professional risk takers. In furtherance of this objective, the College believes that each faculty member with a Tenured appointment should periodically reassess his or her professional abilities, accomplishments, prospects, and objectives. To assure that this periodic review process is accomplished in a structured, reflective, and constructive context, on, at least, each fifth anniversary of the grant of a faculty member’s Tenured appointment (“Post-Tenure Review Year”) a formal review (“Post-Tenure Review”) shall be undertaken of his or her teaching and curricular development activities, creative endeavors and scholarship, and college and community service. 2. Objectives. The overriding objectives of the Post-Tenure Review of a faculty member are to encourage excellence, promote reflective self-direction, support scholarly and artistic achievement, and reaffirm commitment to the goals and mission of the College. In cases in which a faculty member with a Tenured appointment is in need of encouragement, support, or counseling, a further objective of the Post-Tenure Review is to assure that such faculty member receives timely and effective assistance in fulfilling his or her -20- professional obligations and realizing his or her professional and artistic aspirations. In extreme circumstances, the Post-Tenure Review may also identify a faculty member whose performance or accomplishments are clearly below the College’s expectations of its faculty members with Tenured appointments. Any faculty member so identified shall be given clear guidance as to the steps that should be taken to assure continuation of his or her Tenured appointment. 3. Criteria. A faculty member with a Tenured appointment shall be evaluated during a Post-Tenure Review in the Evaluation Areas in relation to (a) the general standards and objectives in this Statement, including the rationale for, and objectives of, the review itself (Sections VIII.A.1 and 2) and (b) a statement of expectations for faculty members with Tenured appointments (“Department Post-Tenure Criteria”) drafted by the Department Chair, in consultation with the members of the Reviewing Faculty. (Such general standards and objectives together with the specific expectations in the statement of Department Post-Tenure Criteria are collectively referred to as “Post-Tenure Expectations.”) Each statement of Department Post-Tenure Criteria shall set forth (a) the Department’s expectations as to the performance and accomplishments of its Tenured faculty members in each of the Evaluation Areas, (b) the ways in which the Department will assist and support its faculty members with Tenured appointments in realizing their professional aspirations and fulfilling the Department’s expectations of them, and (c) the Department’s commitment to intervene decisively, yet with appropriate sensitivity, in situations in which the performance or accomplishments of a faculty member with a Tenured appointment fall clearly and consistently below those expectations. Each Department’s statement of Department Post-Tenure Criteria shall be subject to initial approval by the ACT Committee and periodic review and approval thereafter by the Provost at his or her initiative. B. Faculty Member Self-Evaluation. 1. Draft Report. In each Post-Tenure Review Year, a faculty member shall prepare, in draft form, a written report (“Faculty Post-Tenure Report”) containing (a) a self-evaluation of his or her performance and accomplishments in each of the Evaluation Areas in relation to the Post-Tenure Expectations since he or she was granted a Tenured appointment or last underwent a Post-Tenure Review (whichever is the more recent in time) and (b) a detailed plan with respect to his or her anticipated performance and accomplishments over the next five years, including an identification of his or her specific undertakings, commitments, and aspirations for that period, and an explanation of how this plan will affect and relate to College and Department needs, resources, and goals. Because the Faculty Post-Tenure Report will, in -21- important respects, form the basis on which the performance and accomplishments of the faculty member will be evaluated, it should be done with the care, specificity, and standards of academic excellence generally expected by Columbia College of its faculty members with Tenured appointments. 2. Comments on the Draft Report. Not later than the first Business Day of the first week of the spring semester of the Review Year, the faculty member shall Deliver the draft of his or her Faculty Post-Tenure Report to the Department Chair. Not later than the first Business Day of the second week of the spring semester of the Review Year, the Department Chair shall meet informally with the faculty member to comment on the draft report and offer any suggestions he or she may have for its amendment or supplementation. In the event there is any disagreement between the faculty member and the Chair as to the appropriate content, structure, or conclusions of the Faculty Post-Tenure Report, the faculty member or the Chair may request the School Dean to participate in the informal comment process. 3. Final Report. Not later than the first Business Day of the third week of the spring semester of the Review Year, the faculty member shall Deliver the final version of his or her Faculty Post-Tenure Report to the Department Chair who shall arrange for it to be available for examination by each member the Reviewing Faculty. C. Department Evaluation . 1. Evaluation Process. The Reviewing Faculty shall evaluate the faculty member’s performance and accomplishments in each of the Evaluation Areas in relation to the Post-Tenure Expectations. The evaluation process shall consist, at a minimum, of (a) each member of the Reviewing Faculty (i) reading the Faculty Post-Tenure Report and (ii) submitting to the Department Chair his or her written comments, and (b) the Department Chair convening a meeting of the Reviewing Faculty to discuss the faculty member’s performance and accomplishments. 2. Department Post-Tenure Report. Upon conclusion of the evaluation process, the Department Chair, in consultation with the members of the Reviewing Faculty, shall prepare a written report (“Department Post-Tenure Report”) containing (a) the Department’s evaluation of the faculty member’s performance and accomplishments in each of the Evaluation Areas in relation to the Post-Tenure Expectations and (b) its explicit conclusions, supported by appropriate reasons and explanations, as to whether, in each of the Evaluation Areas, the faculty member’s performance and accomplishments satisfy or do -22- not satisfy the Post-Tenure Expectations. The number of members of the Reviewing Faculty, if any, who disagree with any of the conclusions in the Department Post-Tenure Report shall be noted in, and the Chair and all members of the Reviewing Faculty shall sign, such report. (A Reviewing Faculty member’s signature shall affirm only that he or she has read such report.) Any member of the Reviewing Faculty who disagrees with any aspect of the Department Post-Tenure Report may submit to the Chair a signed statement setting forth the nature and extent of such disagreement. The Chair shall append any such statement to, and make such statement a part of, the Department Post-Tenure Report. 3. Distribution and Comments. Not later than the first Business Day of the fifth week of the spring semester of the Review Year, the Department Chair shall Deliver the Department Post-Tenure Report to the faculty member being evaluated. Not later than the first Business Day of the sixth week of the spring semester of the Review Year, the faculty member shall Deliver to the Department Chair any written comments he or she may have on the Department Post-Tenure Report. Not later than two Business Days after such comments are received or were due, the Department Chair shall Deliver to the School Dean and Provost the Faculty Member Post-Tenure Report and the Department Post-Tenure Report and faculty member’s written comments on it, if any. D. ACT Committee Evaluation. 1. Evaluation Process. Any one of the Department Chair (in consultation with the members of the Reviewing Faculty), School Dean, and faculty member may request, in writing, that the ACT Committee evaluate the faculty member’s performance and accomplishments in the Evaluation Areas in relation to the Post-Tenure Expectations. Such a request shall be Delivered to the ACT Committee Chair, with a copy to each of the others, within five Business Days of the delivery of the reports and any written comments to the School Dean and Provost. Upon such a request, the ACT Committee shall conduct an evaluation of the faculty member in such manner as it deems appropriate, but, at a minimum, the ACT Committee shall (a) review the Faculty Post-Tenure Report and the Department Post-Tenure Report and faculty member’s written comments on it, if any, (b) hold one or more meetings with the faculty member, Department Chair, and School Dean (separately or together as the ACT Committee determines), and (c) solicit comments on the faculty member’s performance and accomplishments from such other persons as the ACT Committee believes will be helpful to its evaluation. -23- 2. ACT Post-Tenure Report. Following its evaluation of the faculty member performance and accomplishments, the ACT Committee shall prepare a written report (“ACT Post-Tenure Report”) containing (a) its evaluation of the faculty member’s performance and accomplishments in each of the Evaluation Areas in relation to the Post-Tenure Expectations, and (b) its explicit conclusions, supported by appropriate reasons and explanations, as to whether the faculty member’s performance and accomplishments in each of the Evaluation Areas satisfy or do not satisfy the Post-Tenure Expectations. The number of members of the ACT Committee, if any, who disagree with any of the conclusions in the ACT Post-Tenure Report shall be noted in, and all members of the ACT Committee shall sign, such report. (An ACT Committee member’s signature shall affirm only that he or she has read such report.) Any member of the ACT Committee who disagrees with any aspect of the ACT Post-Tenure Report may submit to the ACT Committee Chair a signed statement setting forth the nature and extent of such disagreement. The Chair shall append any such statement to, and make such statement a part of, the ACT Post-Tenure Report. 3. Distribution and Comments. Not later than the first Business Day of the ninth week of the spring semester of the Review Year, the ACT Committee Chair shall Deliver to the faculty member, Department Chair, and School Dean the ACT Post-Tenure Report. Not later than the first Business Day of the tenth week of the spring semester of the Review Year, the faculty member, Department Chair, and School Dean shall, independently, Deliver to the ACT Committee Chair any written comments they may have on the ACT Post-Tenure Report. Not latter than two Business Days after such comments are received or were due, the ACT Committee Chair shall Deliver to the Provost the ACT Post-Tenure Report and written comments on it, if any. E. Provost Evaluation. 1. Process. Upon receipt of the Faculty Member Post-Tenure Report, Department Post-Tenure Report, and, if there is one, ACT Post-Tenure Report, the Provost shall make an evaluation of the performance and accomplishments of the faculty member based on all materials, persons, and resources available to him or her. In making this evaluation, the Provost shall give substantial weight to the fact that the faculty member being evaluated has a Tenured appointment and, therefore, is entitled to extensive latitude as to teaching style, professional and artistic undertakings, career choices, and personal commitments. Nevertheless, the Provost shall be mindful that despite such latitude, the College is committed to assuring that the performance and accomplishments of each of its faculty members with a Tenured appointment do not fall below the standards for such performance and accomplishments reflected in the Post-Tenure Expectations. -24- 2. Provost Post-Tenure Report. Not later than the first Business Day of the twelfth week of the spring semester of the Review Year, the Provost shall Deliver to the faculty member, with a copy to the Department Chair, School Dean, and if there has been an ACT Post-Tenure Report, ACT Committee Chair, a written report (“Provost Post-Tenure Report”) containing (a) his or her evaluation of the faculty member’s performance and accomplishments in each of the Evaluation Areas in relation to the Post-Tenure Expectations, and (b) his or her explicit conclusion, supported by appropriate reasons and explanations, as to whether the faculty member’s performance and accomplishments, considered comprehensively across all Evaluation Areas, meet or fall below the College’s expectations of its faculty members with Tenured appointments as reflected in the Post-Tenure Expectations. F. Failure to Satisfy Post-Tenure Expectations. 1. Probationary Review. In the event the Provost concludes that the performance and accomplishments of the faculty member fall below the College’s expectations of him or her as reflected in the Post-Tenure Expectations, that faculty member automatically shall be subject to the Post-Tenure Review process in this Section VIII during the next academic year and in each academic year thereafter so long as the Provost continues to conclude that the faculty member’s performance and accomplishments do not meet such expectations (“Probationary Review”). 2. Assistance. With respect to any faculty member subject to Probationary Review, the Provost Post-Tenure Report shall contain specific requests of, and directions to, the Department Chair and members of the Reviewing Faculty with respect to the assistance to be provided to the faculty member, through counseling, professional guidance, and personal support, in an effort to improve his or her performance and accomplishments. In addition, in consultation with the faculty member, the Provost shall assign a mentor to such faculty member to work actively with him or her in an effort to improve his or her performance and accomplishments. 3. Professional Incompetence. A faculty member with a Tenured appointment whose performance and accomplishments are determined by the Provost in any three consecutive years to fall below the College’s expectations of its faculty members with Tenured appointments as reflected in the Post-Tenure Expectations shall be deemed to have exhibited “Professional Incompetence” for purposes of Section IX (Sanction and Dismissal of Faculty Members). -25- G. Provost, Deans, and Department Chairs. If the Provost, Department Chair, or School or other Dean is a faculty member with a Tenured appointment, he or she shall not be subject to the Post-Tenure Review process in this Section VIII. The Provost shall evaluate the Department Chairs and Deans, and the President shall evaluate the Provost, in accordance with such processes and criteria as the Provost or President, as the case may be, shall determine to be appropriate. The first Review Year for a faculty member with a Tenured appointment who is no longer serving as Provost, Department Chair, or Dean shall be the later of the third full academic year after such service has ceased or the fifth full academic year after his or her last Post-Tenure Review. IX. SANCTION AND DISMISSAL OF FACULTY MEMBERS A. General Principles. The College is committed, consistent with its obligation of responsible management, to investigate fairly and address decisively faculty misconduct or neglect of professional responsibilities (1) that rises to the level of Cause or (2) that, while possibly not rising to the level of Cause, nevertheless is violative of College policies or is fundamentally inconsistent with an individual’s position or responsibilities as a member of the College’s faculty. (Any such misconduct or neglect of professional responsibilities is referred to as “Sanctionable Conduct.”) The College shall investigate promptly all allegations of Sanctionable Conduct and respond firmly, through appropriate disciplinary actions, when such conduct is found to have occurred. B. Sanctions. 1. Authority. The College is authorized, in accordance with the procedures specified in Section IX.B.2, to sanction a faculty member for Sanctionable Conduct regardless of the nature of the faculty member’s appointment. For proposes of the preceding sentence, “to sanction” means to take any disciplinary action against a faculty member (except dismissal of a faculty member with a Tenured appointment). Such disciplinary action may include, among other actions, issuing a letter of reprimand, mandating training or counseling, restricting privileges normally extended to faculty members, reducing a faculty member’s salary by up to five percent in any academic year, suspending a faculty member without a Tenured appointment for the remainder of the term of his or her employment (with, without, or at reduced salary), and suspending a faculty member with a Tenured appointment for a period of up to one academic year (with or at a reduced salary of up to ten percent). -26- 2. Procedure. (a) Discrimination and Harassment. The President may sanction, after completion of the process prescribed by the Procedure for Addressing Discrimination and Harassment Complaints, a faculty member who is found to have engaged in Sanctionable Conduct that violates the College’s Anti-Discrimination and Harassment Policy. Except in the case of a faculty member with a Tenured appointment, a sanction so imposed by the President may not be grieved or otherwise challenged or reviewed unless a collective bargaining agreement to which the faculty member is subject so provides. In the case of a faculty member with a Tenured appointment, a sanction so imposed by the President may be challenged or reviewed solely in accordance with the grievance procedure in Section 370 of the Faculty Handbook. (b) Other Conduct. The Provost may sanction, after such investigation and in accordance with such procedures as he or she believes to be appropriate, a faculty member who is found to have engaged in Sanctionable Conduct that is not, or is separate from, conduct that involves discrimination or harassment. In cases of conduct that is separate from conduct by the faculty member that may involve discrimination or harassment, the Provost may undertake such investigation, comply with such procedures, and impose sanctions under this Section IX.B with respect to such separate conduct without regard for any investigation or procedure that may be required with respect to the conduct that may involve discrimination or harassment. Prior to imposing any such sanction, the Provost shall Deliver to the faculty member a written statement setting forth the nature of, and reasons for, the proposed sanction. The faculty member shall have ten Business Days to respond in writing to the Provost. Within ten Business Days after the faculty member’s response is received or was due, the Provost shall Deliver to the faculty member a further written statement containing his or her decision as to whether the sanction should be imposed. If the Provost decides the sanction should be imposed (i) a faculty member, other than one with a Part-Time appointment, may challenge or seek review of the Provost’s decision solely in accordance with the grievance procedure in Section 370 of the Faculty Handbook, (ii) a faculty member with a Part-Time faculty appointment who is subject to a collective bargaining agreement may challenge or seek review of the Provost’s decision solely in accordance with the provisions of that agreement, and (iii) a faculty member with Part-Time appointment who is not subject to a collective bargaining agreement may not grieve or otherwise challenge or seek review of the Provost’s decision. -27- C. Dismissal. 1. Authority. The College is authorized, in accordance with the procedure in Section IX.C.2, to dismiss a faculty member with a Tenured appointment for Cause. Prior to dismissing such a faculty member, the College shall, in ordinary circumstances, attempt to correct the conduct giving rise to Cause by other less severe action. Dismissal is appropriate if such action has failed to end such conduct within a reasonable period of time or other less severe action is inappropriate and contrary to the best interests of the College because of the nature or seriousness of the conduct. 2. Procedure. (a) Commencement of Process. In cases of alleged discrimination or harassment, the President shall comply with the Procedures for Addressing Discrimination and Harassment Complaints. In cases of conduct that is not, or is separate from, conduct that involves discrimination or harassment, the President shall undertake such investigation and comply with such procedures as he or she believes appropriate. In cases of conduct that is separate from conduct by the faculty member that may involve discrimination or harassment, the President may undertake such investigation, comply with such procedures, and commence the dismissal process in this Section IX.C without regard for any investigation or procedure that may be required with respect to the conduct that may involve discrimination or harassment. After completion of such investigation and procedures, the President may commence the process for dismissing a faculty member by delivering to the faculty member a written statement setting forth the nature of the Cause involved, the reasons dismissal is appropriate, and the effective date of dismissal (“Notice of Dismissal”). Not withstanding the faculty member’s right to seek review of the decision to dismiss him or her in accordance with Section IX.C.2.(b), the President may, immediately upon delivery of the Notice of Dismissal, suspend the faculty member (with, without, or at reduced pay) if the Notice of Dismissal contains a reasoned finding that (i) the continued participation of the faculty member in the affairs of the College is likely to be detrimental for, to be disruptive of, or to cause academic, psychological, or physical harm to the College, its students, or other members of its community, or (ii) the faculty member is refusing or failing to perform reasonably assigned College responsibilities. Any such suspension pending dismissal is not subject to challenge or review on any basis. (b) Review. A faculty member who wishes to challenge or seek review of the President’s decision to dismiss him or her may do so solely in accordance with the following provisions of this Section IX.C.2. -28- (i) Within ten Business Days after the receipt of the Notice of Dismissal, the faculty member may, by written application filed with the office of the Provost, request review of the President’s decision by the Elected Representatives of the College (“ERC”). Within fifteen working days after the receipt of such an application, the Provost shall convene the ERC to consider the President’s decision. The ERC shall utilize such procedures as it believes are appropriate to ensure a careful and complete review of all relevant facts. In all cases, the Provost shall be responsible for presenting to ERC the reasons for the decision to dismiss the faculty member and may do so in such manner, including the presentation of witnesses, as he or she believes appropriate. The faculty member shall have the right to make written and oral statements on his or her own behalf, to present witnesses and written statements by other persons, and to be accompanied by an adviser of his or her choice who shall have only such rights to participate in the proceeding as the ERC determines. The ERC shall attempt to complete its proceeding within fifteen Business days but, in all circumstances, shall conclude those proceedings within thirty Business days. (ii) After consideration of all matters it deems relevant, the ERC, by majority vote, shall render a written decision containing a finding as to whether it believes the Cause specified in the Notice of Dismissal exists and, if so, a reasoned conclusion as to whether it believes dismissal of the faculty member is appropriate for the Cause specified in light of the faculty member’s Tenure Rights. Not withstanding the forgoing, in reviewing the dismissal of a faculty member with a Tenured appointment for Professional Incompetence, the ERC’s authority is limited solely to reviewing, and formulating conclusions as to, whether in reaching the decision to dismiss the faculty member there has been any material, prejudicial deviation from the procedures established by this Statement. (iii) The written decision of the ERC shall be promptly Delivered to the President, the Provost and the faculty member. Within ten Business Days after receipt of the ERC’s decision, the faculty member and Provost may submit written comments on the decision to the President. (iv) Within fifteen Business Days after the comments of the faculty member and Provost are received or were due, the -29- President shall render a final decision on the matter. The President’s decision shall be made in writing and shall not be subject to further challenge or review. In the event the President affirms the decision to dismiss the faculty member, the faculty member’s appointment shall terminate immediately. The faculty member’s compensation and benefits may be terminated immediately or continued for a stated period after his or her appointment has been terminated as the President specifies in his or her written decision. D. Cause. For purposes of this Statement, “Cause” means: 1. Professional Incompetence; 2. Dishonesty in teaching, creative endeavors, research, representation of credentials, or other professional activity relevant to the performance of College responsibilities; 3. Sustained refusal or failure (a) to perform in an appropriate manner reasonably assigned College responsibilities or (b) to comply with established College policies; 4. Egregious or repeated misuse of the powers of the faculty member’s professional position to solicit personal benefits or favors; 5. Harassment, discrimination, or other conduct that is destructive of the human rights or academic freedom of other members of the College community; 6. Violation of College policies with respect to the possession, use, and distribution of alcohol, illegal drugs, and controlled substances; or 7. Other criminal, grave, or egregious conduct manifestly inconsistent with continued faculty appointment. X. TERMINATION OF FACULTY MEMBERS WITH TENURED APPOINTMENTS FOR REASONS OTHER THAN CAUSE A. General Principles. The Board of Trustees is ultimately responsible for the vibrancy of Columbia College’s mission, the appropriateness -30- of the areas of its academic focus, and the strength of its financial condition. When a serious problem exists in any of these areas, the Board of Trustees has a fiduciary responsibility to use its full authority to preserve the health and vitality of the College. In particular, the Board of Trustees has the responsibility to act decisively if, at any time, it believes one or more of the following circumstances exist: (1) the College as a whole or a specific Area of Academic Focus faces imminent, serious financial difficulty, (2) a specific Area of Academic Focus no longer materially contributes to the mission or purposes of the College, or (3) a reallocation of resources is necessary or prudent for the continued educational or financial vitality of the College as a whole or a specific Area of Academic Focus. (Any such circumstance is referred to as an “Adverse Circumstance.”) In the event the Board determines, in accordance with the provisions of Section X.E, that an Adverse Circumstance exists, the Board shall direct the President to take such steps as it deems appropriate, which steps may include the termination of faculty members with Tenured appointments. The authority of the Board of Trustees to make such a determination and to direct that such steps be taken is not subject to challenge or review. B. Advisory Report. In the event the Board believes that a situation, condition, or development at the College (“Questioned Situation”) may be or may become an Adverse Circumstance, it shall direct the President to prepare, within a specified period of time, a written report (“Advisory Report”) with respect to the Questioned Situation. In the Advisory Report, the President shall (1) evaluate the nature, seriousness, and reasonably anticipated adverse effects of the Questioned Situation, (2) describe the steps that have been taken to address the situation, and (3) recommend the further steps that should be taken to address the situation, which further steps may include the termination of faculty members with Tenured appointments. In the case of a Questioned Situation relating solely to a specific area of academic focus, the President shall include in the Advisory Report an evaluation of the availability of economically and academically reasonable measures for retaining all faculty members with Tenured appointments, whether through reassignment or otherwise. C. Faculty Consultation. Prior to presenting the Advisory Report to the Board of Trustees, the President shall deliver it in draft form to all members of the Columbia College Council (“Council”). The Chair of the Council shall then call a special meeting or meetings of the Council for the purpose of discussing the draft report, formulating comments on it, and developing recommendations as to the steps that should be taken to address the Questioned Situation. Within thirty Business Days after receipt of the draft Advisory Report, the Chair of the Council shall deliver to the President the Council’s written comments and recommendations. -31- D. President’s and Council’s Recommendations. Within ten Business Days of receipt of the Council’s comments and recommendations, but in no event later than the end of the period specified by the Board of Trustees, the President shall deliver to the Chair of the Board of Trustees the final version of the Advisory Report and the Council’s written comments and recommendations. E. Board of Trustees’ Determination. Based on the President’s Advisory Report, the Council’s written comments and recommendations, and such other information as it deems relevant, the Board of Trustees shall determine whether the Questioned Situation constitutes an Adverse Circumstance. In the event it determines that an Adverse Circumstance exists, the Board shall direct the President to take such steps as it specifies. Such steps may include the termination of faculty members with Tenured appointments only if the Board has considered the appropriateness, likely effectiveness, and availability of other means for addressing the Adverse Circumstance. In the case of an Adverse Circumstance relating solely to a specific Area of Academic Focus, such other means shall include any economically and academically reasonable measures recommended by the President or the Council for retaining all faculty members with Tenured appointments. In the case of any Adverse Circumstance, such other means shall include reduction or cessation of programs or activities not directly related to the instruction of students, termination of faculty members with non-Tenured appointments, the reduction of faculty and administrative compensation, and the reassignment of faculty responsibilities. The Board’s authority, in the event of an Adverse Circumstance, to direct the President to take such steps as it specifies, including the termination of faculty members with Tenured appointments, is not limited in any way by this Statement except to the extent of its obligation, in the specified circumstances, to consider the foregoing enumerated factors. F. Faculty Terminations and Review. If the steps specified by the Board of Trustees to address an Adverse Circumstance include the termination of faculty members with Tenured appointments, whether on a College-wide basis or in a specific Area of Academic Focus, the President shall direct the Provost, after consulting with the School Deans and Chairpersons’ Council and giving due consideration to the College’s needs and unique faculty situations, promptly to identify the faculty members whose Tenured appointments are to be terminated and to notify such faculty members that their appointments will be terminated at the end of the current academic year. A faculty member may challenge or seek review of the determination to terminate his or her Tenured -32- appointment solely in accordance with Section XI (Review of Nonrenewal or Termination of Faculty Appointments). G. Compensation. Any faculty member whose Tenured appointment is terminated in accordance with the provisions of this Section X shall be entitled to receive full compensation and benefits for the academic year following the year in which his or her Tenured appointment was terminated but otherwise shall cease, as of the end of the academic year in which his or her Tenured appointment was terminated, to have any privileges or obligations associated with a faculty appointment at the College. XI. REVIEW OF NONRENEWAL OR TERMINATION OF FACULTY APPOINTMENTS A. Scope. The review process and standards established by this Section XI shall be the exclusive means and bases for a faculty member to challenge or seek review of a determination (1) not to renew his or her Tenure-Track appointment, (2) not to grant him or her a Tenured appointment, or (3) to terminate his or her Tenured appointment for reasons other than Cause. Such a determination is referred to as “Nonrenewal or Termination.” B. Commencement of Review Process. A faculty member who has been given written notice of Nonrenewal or Termination may appeal that determination by filing with the office of the Provost a written request for review within twenty Business Days of receipt of such written notice. Within fifteen Business Days after receipt of a written request for review, the Provost shall convene the ERC to consider the Nonrenewal or Termination. C. Appropriate Bases for Review. Under no circumstances is the ERC authorized to consider, pass on, or comment concerning the merits or substantive justification for the Nonrenewal or Termination. Issues such as the faculty member’s performance or accomplishments or the justification for the Board of Trustees’ determination that a Material Adverse Contingency exists are outside of the ERC’s authority. The ERC’s authority is limited to reviewing and commenting on allegations that the Nonrenewal or Termination of a particular faculty member was based in significant degree on any of the following: 1. Personal beliefs, opinions, conduct, or artistic or other expressions that are protected by applicable law or Academic Freedom; -33- 2. Factors proscribed by applicable law regarding fair employment practices; 3. Material, prejudicial mistakes of fact concerning the faculty member’s performance or accomplishments; 4. Material, prejudicial deviations from the procedures established by this Statement; or 5. Failure to give any, or clearly adequate, consideration to material information, standards, or circumstances. D. Proceeding. In considering the appeal, the ERC shall utilize such procedures as it believes will ensure a careful and complete review of all appropriate allegations including consultation with and obtaining advice from the College’s legal counsel and Equity Officer. The faculty member seeking review shall have the right to make a statement on his or her own behalf, to present witnesses and written statements by other persons, and to be accompanied by an adviser of his or choice who shall have only such rights to participate in the proceeding as the ERC determines. The ERC shall attempt to complete its proceeding within fifteen Business Days but, in all circumstances, shall conclude those proceedings within thirty Business Days. After consideration of all relevant matters, the ERC, by majority vote, shall render a written decision containing a reasoned conclusion as to whether the Nonrenewal or Termination should be reconsidered and, if so, the manner in which such reconsideration should be undertaken to avoid the influence of inappropriate factors, correct mistakes of fact, or assure adequate consideration of material information, standards, or circumstances. The written decision of the ERC shall be promptly Delivered to the President and the affected faculty member. E. President’s Decision. The affected faculty member shall have fifteen Business Days to file written comments on the ERC’s decision with the President. Within fifteen Business Days after the faculty member’s written comments are received or were due, the President shall Deliver a final written decision to the faculty member as to whether the determination of Nonrenewal or Termination is affirmed or will be reconsidered in accordance with a process specified in his or her decision. The President’s decision is not subject to challenge or review on any basis. -34- XII. ALL COLLEGE TENURE COMMITTEE A. Composition and Term. The All College Tenure Committee (“ACT Committee”) shall be composed of nine faculty members with Tenured appointments. No two members of the ACT Committee shall be from the same Department. Members of the ACT Committee shall serve for terms of two years beginning on June 30 in the year in which they are selected. A member of the ACT Committee may serve for no more than two consecutive terms; there shall be no limitation upon the total number of terms a member of the ACT Committee may serve. B. Selection of Members. Six members of the ACT Committee shall be elected by vote of faculty members with Tenured appointments based on nominations by the Columbia College Faculty Organization. One member of the ACT Committee shall be the Chair of a Department elected by the Chairpersons’ Council. Two members of the ACT Committee shall be appointed by the Provost. C. Deliberations. No member of the ACT Committee shall participate in the evaluation of a candidate for a Tenured appointment pursuant to Section VII (Grant of Tenured appointments) or a faculty member with a Tenured appointment pursuant to Section VIII (Evaluation of Faculty Members with Tenured Appointments) if that candidate or faculty member is or will be in the same Department as the ACT Committee member or the ACT Committee member has served on the Tenure-Track Committee or was a member of the Reviewing Faculty for that candidate or faculty member. D. Officers. At the end of each academic year, the members of the ACT Committee shall select a Chair and a Recorder from among themselves to serve for the next academic year. XIII. PERMANENT FILE A. Maintenance. All materials in the possession of the College concerning the performance and accomplishments of a faculty member, including all materials developed in the course of annual evaluations of a faculty member with a Tenure-Track appointment, the tenure application process, and Post-Tenure Review, shall be maintained in a file located in, and subject to the control of, the office of the Provost (the faculty member’s “Permanent File”). No person may add material to or remove material from a faculty member’s Permanent File without the permission of the Provost. The faculty member shall have access to the materials in this file during business hours upon reasonable -35- notice. Persons other than the faculty member shall have access to a faculty member’s Permanent File during business hours only with the written approval of the Provost and only for purposes specified in Section XIII. B (Use of Materials in Permanent File). B. Use of Materials in Permanent File. Materials in a faculty member’s Permanent File may be reviewed and used solely for purposes germane to the faculty member’s status as an employee of the College, including such matters as salary adjustment, professional counseling and development, renewal and nonrenewal of a Tenure-Track appointment, evaluation of the appropriateness of the grant of a Tenured appointment, consideration of the performance and accomplishments of a faculty member with a Tenured appointment, and evaluation of matters related to possible disciplinary action. XIV. TRANSITION POLICIES A. Non-Probationary Faculty. At the commencement of the academic year next following the initial adoption of this Statement, all members of the Columbia College faculty then holding non-probationary appointments were automatically deemed to hold Tenured appointments. For purposes of Section VIII (Evaluation of Faculty Members with Tenured Appointments), the Post-Tenure Review of a faculty member who previously held a nonprobationary appointment shall occur on each fifth year anniversary of his or her non-probationary appointment. B. Probationary Faculty. Upon the initial adoption of this Statement, all members of the Columbia College faculty then holding probationary appointments were automatically deemed to hold Tenure-Track appointments with their periods of employment with probationary appointments being considered to have been included in their Tenure-Track Periods. The standards, procedures, and requirements in this Statement shall apply in all respects to such faculty members except that for purposes of Section VII (Grant of Tenured Appointments) such faculty members may, at their sole discretion, submit a Tenure Application in either the fifth or the sixth year of continuous employment at the College (or such shorter or other period as may have been agreed to in writing by the faculty member and the Provost). No adverse or favorable inference shall be drawn from any such individual faculty member’s decision as to the year in which he or she chooses to submit a Tenure Application. -36- XV. REVIEW OF TENURE POLICY A. Periodic. In the fifth full academic year after the amendment of this Statement, effective May 23, 2002, and not less frequently than every five years thereafter, the Provost shall convene and chair a Statement Review Committee that shall evaluate the implementation, reception, and effectiveness of this Statement and report to the Board of Trustees as to its findings and recommendations, if any, for modifications to this Statement. B. Focused. At the beginning of the first full academic year after the amendment of this Statement, effective May 23, 2002, the Provost shall convene and chair a Statement Review Committee that shall (1) examine the nature and evaluate the appropriateness of the circumstances giving rise to an Adverse Circumstance, and (2) assess the implementation of the changes in policy and procedure made by such amendment. This Statement Review Committee shall report to the Board of Trustees not later than the first meeting of the Board in the academic year next following as to its findings and recommendations, if any, for modifications to this Statement. XVI. DEFINITIONS A. Terms Defined in Previous Sections. 1. “Academic Freedom” shall have the meaning specified in Section I. A. 2. “ACT Committee” shall have the meaning specified in Section XII. A. 3. “ACT Post-Tenure Report” shall have the meaning specified in Section VIII. D.2. 4. “ACT Tenure Report” shall have the meaning specified in Section VII. A.4.(a). 5. “Adverse Contingency Report” shall have the meaning specified in Section X. B. 6 “Application Year” shall have the meaning specified in Section VII.A.1. -37- 7. “Area of Academic Focus” shall have the meaning specified in Section VI.B. 8. “Artist-in-Residence Appointment” shall have the meaning specified in Section III.C. 9. “Cause” shall have the meaning specified in Section IX. D. 10. “Chairperson’s Council” shall have the meaning specified in Section X.E and Section 225.2 of the Faculty Handbook. 11. “College Policies” shall have the meaning specified in the introduction to this Statement, footnote 2. 12. “Columbia College Faculty Organization” shall have the meaning specified in Section XV and Section 225.3 of the Faculty Handbook. 13. “Committee Tenure-Track Report” shall have the meaning specified in Section V.A.5. 14. “Council” shall have the meaning specified in Section X.B. and Section 225.4 of the Faculty Handbook. 15. “Dean Tenure Report” shall have the meaning specified in Section VII. A.3. 16. “Department Post-Tenure Criteria” shall have the meaning specified in Section VIII. A.3. 17. “Department Post-Tenure Report” shall have the meaning specified in Section VIII. C.2. 18. “Department Tenure Criteria” shall have the meaning specified in Section IV. D.1. 19. “Department Tenure Report” shall have the meaning specified in Section VII. A.2.(b). 20. “ERC” shall have the meaning specified in Section IX.C.2.(b) and Section 370 of the Faculty Handbook. -38- 21. “Evaluation Areas” shall have the meaning specified in Section IV. B. 22. “Evaluation Criteria” shall have the meaning specified in Section V. A.2. 23. “Expedited Tenure Application” shall have the meaning specified in Section VII. B.1. 24. “Faculty Handbook” shall have the meaning specified in Section I.A, footnote 3. 25. “Faculty Post-Tenure Report” shall have the meaning specified in Section VIII. B.1. 26. “Faculty Tenure-Track Report” shall have the meaning specified in Section V. A.2. 27. “Material Adverse Contingency” shall have the meaning specified in Section X. A. 28. “Nonrenewal or Termination” shall have the meaning specified in Section XI. A. 29. “Notice of Dismissal” shall have the meaning specified in Section IX. C.2.(a). 30. “Part-Time Appointment” shall have the meaning specified in Section I.B. 31. “Part-Time Faculty Handbook” shall have the meaning specified in Section I.A, footnote 3. 32. “Permanent File” shall have the meaning specified in Section XIII. A. 33. “Post-Tenure Expectations” shall have the meaning specified in Section VIII. A.3. 34. “Post-Tenure Review” shall have the meaning specified in Section VIII. A.1. -39- 35. “Post-Tenure Review Year” shall have the meaning specified in Section VIII.A.1. 36. “Probationary Review” shall have the meaning specified in Section VIII. F.1. 37. “Professional Incompetence” shall have the meaning specified in Section VIII. F.3. 38. “Provost Post-Tenure Report” shall have the meaning specified in Section VIII.E.2. 39. “Provost Tenure Report” shall have the meaning specified in Section VII.5. 40. “Reason for Removal” shall have the meaning specified in Section II.C. 41. “Reviewing Faculty” shall have the meaning specified in Section VII.A.2.(a) 42. “Sanctionable Conduct” shall have the meaning specified in Section IX. A. 43. “Statement” shall have the meaning specified in the introduction to this Statement. 44. “Tenure Application” shall have the meaning specified in Section VII. A.1. 45. “Tenured Appointment” shall have the meaning specified in Section II.B. 46. “Tenure Rights” shall have the meaning specified in Section IV. A. 47. “Tenure-Track Appointment” shall have the meaning specified in Section III.E. 48. “Tenure-Track Committee” shall have the meaning specified in Section V.A.3. -40- 49. “Tenure-Track Evaluation Year” shall have the meaning specified in Section V.A.1. 50. “Tenure-Track Period” shall have the meaning specified in Section VI.A. 51. “Tenure-Track Evaluation” shall have the meaning specified in Section V.A.1. B. Other Terms. 1. Anti-Discrimination and Harassment Policy. The phrase “Anti-discrimination and Harassment Policy” shall mean the policy with that name approved by the Board of Trustees on May 18, 2000. 2. Business Day. The phrase “Business Day” shall mean a day, Monday through Friday, that the College is open for business. 3. Deliver. The term “Deliver” shall mean (a) to mail by certified or register mail, (b) to send by express courier such as Federal Express, (c) to Deliver by messenger or in person, or (d) to comply with any other delivery procedure specified in the Guideline for Faculty Evaluation and Promotion, dated July 2000, as amended from time to time by the Provost. 4. Equity Officer. The phrase “Equity Officer” shall refer to the person performing the functions of the Equity Officer pursuant to the Procedure for Addressing Discrimination and Harassment Complaints. 5. Procedure for Addressing Discrimination and Harassment Complaints. The phrase “Procedure for Addressing Discrimination and Harassment Complaints” shall mean the statement of procedure with that name accompanying the Anti-Discrimination and Harassment Policy. 6. School Dean, Chair and Department. In situations involving a faculty member who teaches both undergraduate and graduate courses, all references to “School Dean” shall be understood to be references to both the appropriate School Dean and, on a consultative but not decisionmaking basis, the Graduate Dean. In situations involving a faculty member who teaches courses in more than one Department, all references to “Department Chair” shall be references to both the Department Chair who is selected by the Provost to act as the “Department Chair” for purposes of this Statement, and, on a consultative but not decision making basis, the other Department Chair or Chairs. In situations involving an academic unit of the College that is not a -41- Department, all references to “Department” shall be understood to be references to that unit and all references to “Chair” shall be understood to be references to the Director of that unit. In situations involving an application by, or the evaluation or review of, a person who is, or is proposed to become, the Chair of a Department or Director of a unit, all references to “Chair” shall be understood to be references to the senior member of the faculty in that Department or unit with a Tenured appointment (excluding the Chair). The phrase “senior member of the faculty” shall be understood to mean the faculty member in the Department or unit who has held a Tenured appointment for the longest period of time or, in the event that it is uncertain which faculty member has so held a Tenured Appointment, the faculty member with a Tenured Appointment in the Department or unit appointed to act as such by the Provost. If there is no faculty member with a Tenured appointment in the Department or unit, the Provost shall appoint a faculty member with a Tenured appointment to act as such. 7. Statement Review Committee. The phrase “Statement Review Committee” shall mean a committee consisting of two members of the faculty designated by the Columbia College Faculty Organization, one Department Chair designated by the Chairpersons’ Council, the Provost and one additional member of the administration designated by the Provost, the ACT Committee Chair, and two members of the Board of Trustees designated by the Chair of the Board. |