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14.0 UNCA POLICY AND INFORMATION DOCUMENTS

14.1 Constitution of the Faculty Senate

CONSTITUTION OF THE FACULTY SENATE

OF

THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE

(as Amended)

The faculty of the University of North Carolina at Asheville as hereinafter defined, having responsibility for the academic program of the institution, establishes, for the purpose of regulating the conduct of its business and deliberations, this constitution. This is done in full awareness that all procedures must be compatible with acts of the legislature, rulings of the Board of Governors and the Board of Trustees, and rules established for the University as a whole. Nothing in this constitution shall abrogate the Chancellor's final authority over policies and procedures at the University of North Carolina at Asheville.  

ARTICLE I 

The faculty shall be composed of all persons having academic rank at the University of North Carolina at Asheville, the Chancellor of the University, and the Vice Chancellor for Academic Affairs. The ranks are Professor, Associate Professor, Assistant Professor, Lecturer, and Instructor. All full-time ranked members whose primary responsibility is teaching and all ranked librarians are eligible for election to the Faculty Senate and may vote in faculty elections. An untenured faculty member may request the Secretary of the Senate to omit his or her name from the ballot and thus decline Senate election. Tenured faculty members may not decline election to the Senate or to Senate offices, except as described in ARTICLE II Section 2. It is assumed the members of the Faculty Senate will regularly attend Senate meetings and Senate committee meetings. When a Senator cannot attend a regular meeting of a Senate committee or the Senate, he should inform in advance the appropriate chairman and specify his reasons. A Senator missing more than three meetings of either the Senate or a Senate committee will have his Senate membership reviewed by the Faculty Senate.

ARTICLE II 

Section 1

The Senate is empowered to act as the legislative body of the faculty, with provision for faculty review as follows: The Senate shall promptly distribute a written report of its actions and recommendations to all members of the faculty. The faculty, in general meeting, may discuss, amend, endorse or veto any Senate action, provided that at least one week in advance of the meeting the faculty is given written notice of the issue to be raised and the action to be proposed. A quorum of the faculty (50% +1) must be present at such a meeting where amendment or veto shall be by two-thirds majority of those voting. Because of this provision the Senate must report actions within two weeks via faculty mail so that any faculty member may initiate discussion of Senate actions.

The faculty may refer appropriate concerns to the Senate for investigation, clarification, discussion and debate. The Secretary of the Senate shall issue an agenda to all faculty members prior to each Senate meeting. Meetings of the Senate shall be open to all members of the faculty; visitors may participate in Senate debate by majority consent of the members present.

Section 2

The Senate shall be composed of fifteen elected faculty members, the Chancellor of the University, ex officio, and the Vice Chancellor for Academic Affairs, ex officio, non-voting. The members of the Senate shall hold three year terms of office from April 25th through April 24th of each succeeding year. Terms of office shall be phased so that five members are elected to new terms each year, except for the first year of this constitution when all fifteen members shall be newly elected.

After serving a complete three year term on the Senate, a faculty member is ineligible for reelection for one year following the expiration of his or her term. At the end of that period, and no later than one month prior to new elections, a faculty member may request of the Executive Committee a leave of absence from Senate service for an additional year to pursue valid academic concerns. Leaves of absence may be renewed by the same procedure for a third year, after which time the faculty member shall again become eligible for election.

Section 3

Each year the faculty shall vote for five senators. One senator each shall be elected from the broad academic areas - Social Sciences, Natural Sciences, and Humanities - being the highest vote recipient in each area. Two senators shall be elected at large, being the next two highest vote recipients over all. All elected representatives shall represent the faculty as a whole and not solely the exclusive academic area in which they teach.

In each election, three alternates, being the next highest vote recipients from each of the three divisions after the above senators are designated, shall be elected for one year terms. The alternates shall attend Senate meetings with voice, but without vote. Should a vacancy occur for any reason, the Senate shall elect one of the alternates to assume full duties of that position. Should a vacancy occur after all alternates are in place, a special election shall be called to fill the vacancy, unless the vacancy occurs within 45 days prior to the next regularly scheduled election, in which case the position will remain vacant.

Section 4

The officers of the Senate shall be elected annually by the Senate membership for a term of one year. They shall serve on the Executive Committee of the Senate. The elections shall be held in the spring of each year at the first meeting of the new Senate. The chairman and officers of the outgoing Senate shall convene the new Senate and hold the election of the new officers. The election of officers by the Senate shall be by secret ballot; a majority of the senators voting shall be necessary for election.

The officers shall be:

The Chairman who shall normally preside at Senate meetings, be the chairman of the Executive Committee of the Senate, and serve as the official spokesman of the Senate.

The First Vice Chairman, who shall preside in the absence of the chairman and chair the Committee on Academic Policies.

The Second Vice Chairman, who shall preside in the absence of the chairman and the first vice chairman and chair the Committee on Institutional Development. 

The Secretary, who shall supervise the preparation of the minutes of the Senate, issue the Senate agenda, distribute written reports of Senate actions to the faculty, and chair the Committee on Faculty Welfare and Development.

A Senate Officer may be recalled by a secret vote of the Senate. Twelve votes shall be needed for recall.

Section 5

The standing committees of the Senate shall be: The Executive Committee, the Committee on Academic Policies, the Committee on Institutional Development, and the Committee on Faculty Welfare and Development. 

The Executive Committee shall be composed of the officers of the Senate and shall be chaired by the Chairman of the Senate. The Executive Committee shall be concerned with the Senate agenda, shall appoint the members of all standing and ad hoc committees of the Senate, and shall supervise the faculty elections, preparing and insuring the integrity of ballots. 

As the elected leadership of the Faculty Senate, the Executive Committee will consult as appropriate with members of the faculty, with Senate committees, with ad hoc committees appointed by the Chancellor, and with officers and officials of the University, including the Chancellor and the Vice Chancellors. The Executive Committee will consult with the Vice Chancellor for Academic Affairs in the execution of his responsibility for the formation and dissolution of institutional committees and in the annual appointment of members thereto. The Executive Committee, the Chancellor and Vice Chancellor for Academic Affairs will consult with one another in the appointment of members of ad hoc committees.

The Committee on Academic Policies shall be composed of seven voting members: the First Vice Chairman of the Senate, who shall chair the Committee, six members appointed by the Executive Committee; and the Vice Chancellor for Academic Affairs, who shall be a non-voting ex officio member. The University Librarian and Registrar are included as non-voting ex officio members. The Committee shall have responsibility for developing institutional policy and procedure in academic matters, and shall be available for discussion and consultation with appropriate student groups, as well as with members of the faculty, about academic policy. 

The Committee on Institutional Development shall be composed of four members: the Second Vice Chairman of the Senate, who shall chair the committee, and three members appointed by the Executive Committee. The committee shall have concern for policy, planning, and initiatives in the area of institutional development where faculty involvement is proper. The committee shall fulfill this role by membership on the university-wide planning council. The committee shall be responsible for reporting planning activities to the Faculty Senate, with the Senate responding through Senate action where appropriate. 

The Committee on Faculty Welfare and Development shall be composed of four members: the Secretary of the Senate, who shall chair the committee; two members appointed by the Executive Committee, and a voting faculty member who is the UNCA representative to the sixteen campus Faculty Welfare Committee in consultation with the Vice Chancellor for Academic Affairs. The committee may consist of only three members, in the event that the UNCA representative is also an elected member of the Faculty Senate. This committee shall have concern in areas of faculty study, research, and the attainment of professional goals by faculty members, leave, insurance, and annuities, and general faculty enhancement. It shall be the responsibility of this committee to communicate information on these matters as appropriate to all faculty members. 

Appointment of senators to standing committees shall be made with continuity in mind. 

Ad hoc committees of the Senate, which may be established from time to time, may include in their membership faculty members who are not then serving on the Senate and others.

All ad hoc and Senate committees shall report to the Senate for review, clarification, and coordination of faculty policy.

Section 6

The Senate shall choose a regular time of meeting and shall meet monthly during the academic year. It may be called into special session by the Chairman, by concurrence of three members of the Executive Committee, or by petition to the Secretary of nine of its members. A quorum shall consist of nine elected members.

Section 7

The Chancellor shall be a member of all committees of the Senate and is empowered to call a meeting of the Senate, or of any of its committees, and may preside at his discretion.

ARTICLE III

Section 1

Provisions outlined in this constitution may be amended by a two-thirds majority of the votes cast, provided that at least a simple majority of the faculty members vote, and provided at least one month's notice has been given to the faculty of the vote. The vote shall be by secret ballot.

Section 2

In the event that a future senate shall desire to revise this constitution as a whole, the revised version shall be enacted by the same procedure outline in Section 1. A revision is interpreted to be a substantive alteration of the basic structure or charge of the Faculty Senate. The vote shall be by secret ballot.

14.2 UNCA Tenure Policies and Regulations

TENURE POLICIES AND REGULATIONS

The University of North Carolina at Asheville

Approved: Board of Trustees - July 17, 1980

Board of Governors - August 8, 1980

Section I. FREEDOM AND RESPONSIBILITY IN THE UNIVERSITY COMMUNITY

  1. The University of North Carolina at Asheville is dedicated to the transmission and advancement of knowledge and understanding. Academic freedom is essential to the achievement of these purposes. This institution therefore supports and encourages freedom of inquiry for faculty members and students, to the end that they may responsibly pursue these goals through teaching, learning, research, discussion, and publication, free from internal or external restraints that would unreasonably restrict their academic endeavors.
  2. The University of North Carolina at Asheville shall protect faculty and students in their responsible exercise of the freedom to teach, to learn, and otherwise to seek and speak the truth.
  3. Faculty and students of this institution shall share in the responsibility for maintaining an environment in which academic freedom flourishes and in which the rights of each member of the academic community are respected.

Section II. ACADEMIC FREEDOM AND RESPONSIBILITY OF FACULTY

  1. It is the policy of The University of North Carolina at Asheville to support and encourage full freedom, within the law, of inquiry, discourse, teaching, research, and publication for all members of the academic staffs of this institution. Members of the faculty are expected to recognize that accuracy, forthrightness, and dignity befit their association with this institution and their position as men and women of learning. They should not represent themselves, without authorization, as spokesmen for The University of North Carolina at Asheville.
  2. The University of North Carolina at Asheville will not penalize or discipline members of the faculty because of the exercise of academic freedom in the lawful pursuit of their respective areas of scholarly and professional interest and responsibility.

Section III. ACADEMIC TENURE (amended by SD1089S)

  1. General Considerations.
    1. Academic tenure refers to the conditions and guarantees
      that apply to a faculty member's employment. More specifically, it refers to the protection of a faculty member against involuntary suspension of discharge from employment or reduction in rank except upon specified grounds and in accordance with the procedures provided in Section IV or against termination of employment except as provided for in Section V.
    2. The purpose of according the protection of academic tenure to faculty members is to secure their academic freedom and to help the institution attract and retain faculty members of the high quality it seeks. While academic tenure may be withheld on any grounds except those specifically stated to be impermissible under Section III.J.1., its conferral requires an assessment of the faculty member's demonstrated professional competence, his potential for future contribution, and the institution's needs and resources.
  2. Tenure, Notice, and Reappointment.
    1. Tenure.     Whether contractual or permanent in nature, the tenure conferred on a faculty member is held with reference to employment by The University of North Carolina at Asheville, rather than by The University of North Carolina.
    2. Conferral of permanent tenure.     Permanent tenure may be conferred only by action of the President and the Board of Governors of The University of North Carolina or by such other agencies of officers as may be delegated such authority by that Board. Because promotion to the rank of Associate Professor or Professor confers permanent tenure from the effective date thereof, any such promotion must be approved by the President and Board of Governors or upon their delegation as stated above. Any reappointment to the rank of Assistant Professor that confers permanent tenure also must be approved by the President and Board of Governors or upon their delegation as stated above.
    3. Reappointment decisions.     All reappointment decisions provided for herein shall be made and communicated as provided in Section III.D.
    4. Notice of nonreappointment.     Failure to give required notice of a decision not to reappoint a faculty member has the same effect as a decision at that time to offer a terminal appointment at the same rank for the following year,1 except explicitly stated otherwise herein.
  3. Faculty Ranks.
    Academic tenure, as herein described, pertains exclusively to the employment of faculty members by appointment to specified faculty ranks. Such appointments may be for fixed terms of employment, automatically terminal when they expire ("fixed term appointment"); or they may be for probationary terms ("probationary term appointment"); or they may be continuous until retirement, death, or resignation except as provided in Sections IV and V herein ("appointment with permanent tenure").

    The faculty ranks to which appointments may be made and the incidents of academic tenure applicable to each are:
    1. Instructor.
      1. The rank of instructor is appropriate for a person who is appointed to the faculty in the expectation that he or she could progress to a professorial rank but who lacks, when appointed, one or more qualifications expected by his or her department for appointment to a professorial rank. Initial appointment to the rank of instructor shall be for a probationary term of one year. Appointments to this rank may be renewed on a yearly basis for a total of four probationary years service at this rank. Effective on completion of any probationary year, an instructor may also be offered promotion to the rank of assistant professor, which appointment constitutes initial appointment at that rank, or a "special" appointment pursuant to Section III.C.5. herein. No person holding a position as an instructor may be appointed to permanent tenure at that rank.
      2. Notice to an instructor of the decision concerning reappointment shall be given according to this schedule:
        1. during the first year of service as an instructor, no less than 90 days2 before the end of that year;
        2. during the second year of service as an instructor, no later than 180 days before the end of that year with reference to a third year of service;
        3. before the end of the third year of service as an instructor, with reference to non-reappointment at the end of the fourth year of reappointment at that time at the rank of assistant professor.
    2. Assistant Professor.
      1. Initial appointment to the rank of assistant professor shall be for a probationary term of three years. At the conclusion of this initial term the faculty member may be offered reappointment to a second probationary term of three years as an assistant professor, or reappointment with permanent tenure as an associate professor, or may not be offered reappointment. At the conclusion of a second probationary term the faculty member may be offered reappointment with permanent tenure at the same or higher rank, or may not be offered reappointment, or may be offered the appointment described in the following paragraph.
      2. In exceptional cases the Chancellor, upon recommendation of the department chairs3 and the Vice Chancellor for Academic Affairs, may reappoint an assistant professor at that rank after six years of service, without granting permanent tenure. In this circumstance the letter of reappointment shall specify the term of the reappointment, which shall not exceed three years, and any conditions that may have been agreed to that must be met before tenure will be reconsidered. At the conclusion of such an appointment the faculty member may be offered reappointment with permanent tenure at the same or higher rank, or may not be offered reappointment.
      3. Notice to an assistant professor of the decision concerning reappointment shall be given no less than twelve months before the end of the individual's then-current term.
    3. Associate Professor. Initial appointment to the rank of associate professor shall be for a probationary term of five years. At the conclusion of this term the faculty member may be offered reappointment with permanent tenure at the same or higher rank, or may not be offered reappointment. Notice to an associate professor of the decision concerning reappointment shall be given no less than twelve months before the end of his or her probationary term.
    4. Professor. Initial appointment to the rank of professor shall be for a probationary term of three years. At the conclusion of this term the faculty member may be offered reappointment with permanent tenure as a professor, or may not be reappointed. Notice to a professor of the decision concerning reappointment shall be given no less than twelve months before the end of his or her probationary term.
    5. Special faculty appointments.
      1. Fixed-term appointments with the title designations of "lecturer," "artist in residence," or "writer in residence," or with any faculty rank designated in paragraphs 1 through 4 above when accompanied by the qualifying prefix "adjunct," "clinical," or "research," may be made as provided herein. Such an appointment is appropriate for a person who has unusual qualifications for teaching, research, academic administration, or public service but for whom neither a professorial rank nor the instructor rank is appropriate because of the limited duration of the mission for which he or she is appointed, because of concern for continued availability of special funding for the position, or for other valid institutional reasons. An initial special appointment shall be for fixed terms of one to five years and may be made either in direct succession or at intervals.
      2. The "notice" provisions of Section III.B.4. do not apply to special faculty appointments, and a faculty member holding such an appointment is not entitled to any notice concerning offer of any subsequent appointment at any rank or title or for any term. However, by written request to the appropriate department chairman, no more than 60 days before expiration of his or her then-current term, a faculty member serving in a special appointment may request initiation of the process set forth in Section III.D.; in that case the faculty member shall be entitled to receive a decision as to whether a subsequent appointment will be offered, and on what terms, no less than 30 days prior to the end of his or her contract. The absence of a decision by that time constitutes a decision that no subsequent appointment will be offered.
    6. Visiting faculty appointments. Persons other than regular members of the faculty may receive fixed-term appointments as visiting members of the faculty with rank designations, prefixed by the word "visiting," appropriate to their status in their regular employment. Such an appointment shall be for a term of not more than one year; one subsequent appointment may be made for a term of not more than one year. The "notice" provisions of Section III.B.4. do not apply to visiting appointments, but during the term of appointment a visiting faculty member enjoys the protections afforded by Section IV.
  4. Initiation, Review, and Approval of Promotion and Reappointment decisions.
    1. Chairman's recommendation.4
      1. Each decision concerning reappointment or promotion in rank (whether or not the decision concerns a recommendation for conferral of permanent tenure) shall be initiated by recommendation of the chairman of the department concerned after consulting with the department's assembled tenured faculty. If for any reason it appears to the chairman that such consultation may not produce advice adequately representative of the departmental faculty members' views, the chairman may consult with other members of the department senior in length of service to the faculty member. With the express approval of the Vice Chancellor for Academic Affairs, faculty members outside the department and familiar with the person's work also may be consulted. If the chairman intends to recommend reappointment, he shall notify the faculty member and shall submit to the Vice Chancellor a written recommendation which shall include an assessment of the faculty member's demonstrated professional competence and his or her potential for future contributions.
      2. When the chairman intends to recommend nonreappointment, he shall communicate that intention to the Vice Chancellor for Academic Affairs and the faculty member privately by a simple, unelaborated written statement. Within five days after receipt of that notice the faculty member may request a conference with the chairman and the opportunity to provide the chairman, for inclusion in the faculty member's record, additional written evidence or views bearing on the faculty member's demonstrated professional competence and potential for future contributions. Any such request shall be granted and any conference or submission shall be accomplished within five days of the date the request is made. If the faculty member does not make timely request for the opportunities set forth above, or after any such opportunity is afforded the faculty member, the chairman within five days thereafter shall submit to the Vice Chancellor for Academic Affairs the written recommendation described in Section III.D.1.
    2. Vice Chancellor's favorable recommendation.     After receiving the department chairman's recommendation the Vice Chancellor for Academic Affairs shall consult the Committee of the Tenured Faculty which consultation shall include review both of the chairman's recommendation and of institutional needs and resources. A committee member who holds an appointment in the faculty member's department or has a conflict of interest shall withdraw from the deliberations and voting on that case after consultation with the committee Chair and the Chair of the Faculty Senate. Except where the Vice Chancellor intends to decide that a faculty member shall not be reappointed, the Vice Chancellor then shall notify the faculty member and send his written recommendation, together with the chairman's recommendations and written statements of the views of the Committee of the Tenured Faculty, to the Chancellor.
    3. Vice Chancellor's decision not to reappoint.
      1. When the Vice Chancellor intends to decide that the faculty member shall not be reappointed, he shall communicate that intention to the faculty member privately by a simple, unelaborated written statement. Within five days after receipt of that notice the faculty member may request a conference with the Vice Chancellor, either alone or together with the Committee of the Tenured Faculty; any such request shall be granted and the conference shall be within five days of the date the request is made.
      2. If the faculty member does not make timely request for such a conference, or after any such conference is held, the Vice Chancellor within five days shall either recommend to the Chancellor that the faculty member be reappointed as provided in paragraph 2, or notify the faculty member of his decision that the faculty member shall not be reappointed. Notice of a decision not to reappoint shall be made by a simple, unelaborated written statement, a copy of which is sent to the Chancellor; no other materials shall be transmitted to the Chancellor.
      3. The faculty member may seek review of the Vice Chancellor's decision before the Faculty Hearings Committee in accordance with Section III.J. herein if the faculty member alleges that the decision is based on a ground prohibited by Section III.J.1 or affected by the material procedural irregularities as defined by III.J.2.
    4. Chancellor's decision.     The Chancellor shall make a decision on each favorable recommendation submitted by the Vice Chancellor for Academic Affairs and on each appeal as provided in Sections III.J. within 20 days of receipt of the recommendation or appeal. When the Chancellor makes a favorable decision, he shall forward it to the Board of Trustees for final approval (unless that Board has delegated approval authority to the Chancellor), provided that pursuant to Section III.B.2., in any case involving a recommendation for conferral of permanent tenure, if the Board of Trustees concurs with the Chancellor's recommendation he then shall forward that recommendation to the President and Board of Governors for approval. If the Chancellor's decision is unfavorable, he shall so notify the faculty member by a simple, unelaborated written statement, and within 10 days thereafter the faculty member may appeal to the Board of Trustees pursuant to Section 501C(4) of the Code.
  5. Resignations.
    A faculty member shall give prompt written notice of his resignation, including the effective date, to his or her department chairman and to the Vice Chancellor for Academic Affairs.
  6. Leave of Absence During Probationary Terms.
    Leaves of absence ordinarily are not granted to faculty members during probationary terms. If unusual circumstances do warrant such a leave, any period of the leave occurring during an academic year will not be counted as part of the faculty member's probationary service, the term of his or her probationary contract will be extended accordingly, and the various schedules for reappointment decisions and notice thereof provided for in Section III.C. shall apply to the changed period of probationary service.
  7. Terms and Conditions of Appointment.
    The terms and conditions of each initial appointment and of each reappointment shall be set out in writing; the faculty member and the Chancellor each shall receive a copy thereof signed by both parties. Each document of appointment shall state that the appointment is subject to these Tenure Policies and Regulations of The University of North Carolina at Asheville and to The Code of the Board of Governors of the University of North Carolina. Any other terms and conditions of appointment shall either be set out in the document of appointment or incorporated therein by clear reference to specified documents that shall be readily available to the faculty member.
  8. Continued Availability of Special Funding.
    Appointment, reappointment, or promotion of a faculty member to a position funded in whole or in substantial part from sources other than continuing state budget funds or permanent trust funds shall specify in writing that the continuance of the faculty member's services, whether for a specified term or for permanent tenure, shall be contingent upon the continuing availability of such funds. This contingency shall not be included in a faculty member's contract in either of the following situations:
    1. In a promotion to a higher rank, if before the effective date of that promotion, the faculty member had permanent tenure and no such condition is attached to the tenure.
    2. If the faculty member held permanent tenure in the institution on 1 July 1975 and his contract was not then contingent upon the availability of sources other than continuing state budget or permanent trust funds.
  9. Provisions for Less Than Full-Time Employment.
    Special terms for less than full-time employment or for relief from all employment obligations for a specified period, with commensurate changes in compensation, may be included in an appointment or reappointment to any faculty rank, or may be added by a written memorandum of amendment during the term of an appointment. For compassionate reasons of health or requirements of child care, or for other compelling reasons, such terms may, with the concurrence of the faculty member, include extensions of the period of a current probationary term of appointment to coincide with the extent and duration of the relief from full-time employment obligation; such terms shall include such extensions for requirements of maternity leave as are provided for by federal and state legislation. Such special terms must be expressly stated in initial appointment documents or, if added by a memorandum of amendment, must be approved by signature of the Chancellor and the faculty member. Except as may be otherwise expressly provided in the documents of appointment, all appointments to any faculty rank are on the basis of full-time employment obligation. These provisions do not apply to informal temporary adjustments of the regularly assigned duties of faculty members by the department chairman who is responsible for their direct supervision.
  10. Nonreappointment of Faculty Members on Probationary Term Appointments.
    1. Permissible and Impermissible grounds for nonreappointment.     The decision whether to reappoint a faculty member when a probationary term of appointment expires must consider the faculty member's demonstrated professional competence, his potential for future contributions, institutional needs and resources, and all factors considered relevant to the total institutional interests. A decision not to reappoint may not be based upon: (a) the faculty member's exercise of rights guaranteed by either the First Amendment to the United States Constitution or Article I of the North Carolina Constitution; (b) discrimination based upon the faculty member's race, sex, religion, or national origin; or (c) personal malice.
    2. Request for review by the Faculty Committee on Hearings; scope of view.
      1. Within five days after receiving notice from the Vice Chancellor for Academic Affairs of a decision of nonreappointment, the faculty member may request that the Faculty Committee on Hearings review that decision. This review is limited solely to determining whether the decision not to reappoint was based upon any of the grounds stated to be impermissible in Section III.J.1, or (2) affected by material procedural irregularities. Whether material procedural irregularities occurred shall be determined by reference to those procedures which were in effect when the initial decision not to reappoint was made and communicated. For purposes of Section J.2, "material procedural irregularities" means departures from prescribed procedures governing reappointment that cast reasonable doubt upon the validity of the original decision not to reappoint.
      2. The request for review shall be written and addressed to the chairman of the Hearings Committee. It shall specify the grounds upon which the faculty member contends that the recommendation was impermissibly based or affected by material procedural irregularities and be accompanied by a short, plain statement of facts that the faculty member believes support the contention. Such a request constitutes, on the faculty member's part, representation that he can prove his contention and agreement that the institution may offer in rebuttal of his contention any relevant data within its possession.
    3. Initial disposition by Hearings Committee.
      1. The Hearings Committee shall grant a hearing if it decides that the request contends that the decision was impermissibly based or effected by material procedural irregularities, and that the facts suggested, if established, will support that contention. The Hearings Committee shall inform the faculty member of whether it has granted a hearing within 10 days of receiving the faculty member's request.
      2. If a hearing is granted, it shall be held no less than 10 days nor more than 20 days after the faculty member is so notified by the Hearings Committee.
      3. If a hearing is not granted, there shall be no further proceedings before the Hearings Committee. The faculty member then may make written appeal to the Chancellor within five days after receiving notice from the Hearings Committee, and the Chancellor shall decide the appeal on its merits as provided in paragraph 7.
    4. Conduct of Hearing.     The hearing shall be conducted informally and in private. Only the members of the Hearings Committee, the faculty member, the Vice Chancellor for Academic Affairs,5 and such witnesses as may be called may attend, except that the faculty member and the Vice Chancellor each may be accompanied by a person of their own choosing. A quorum for the hearing is a simple majority of the total committee membership. Committee members who hold an appointment in the faculty member's department who will testify as witnesses are disqualified. A committee member who has a conflict of interest shall withdraw from the hearing of that case after consultation with the committee Chair and the Chair of the Faculty Senate.

      If the faculty member requests it and the chairman of the Hearings Committee approves, a transcript of the proceedings shall be made and provided to the faculty member. The Committee may consider only the evidence offered that it considers fair and reliable. All witnesses may be questioned by the Committee members, the faculty member, the Vice Chancellor and the representatives of the faculty member and Vice Chancellor. Except as herein provided, the conduct of the hearing is under the Committee chairman's control.
    5. Order of proof.
      1. The hearing shall begin with the faculty member's presentation of his or her contentions, which shall be limited to those grounds specified in the request for a hearing and supported by such proof as he or she desires to offer. When the faculty member has concluded this presentation, the Hearings Committee shall recess to consider whether the faculty member's contentions have been established pursuant to Section III.J.1. which justify proceeding with testimony from the Vice Chancellor. If it determines that such contentions have not been established, it shall so notify the parties to the hearing and terminate the proceedings; such action confirms the decision not to reappoint. The faculty member then may make written appeal to the Chancellor within five days, and the Chancellor shall decide the appeal on its merits as provided in paragraph 7.
      2. If the Committee determines that explanation is desirable, it shall so notify the parties and proceed with the hearing. The Vice Chancellor may then present in rebuttal of the faculty member's contentions, or in general support of the decision not to reappoint, such testimonial or documentary proofs as he desires to offer, including his own testimony. The Vice Chancellor is subject to questions by Committee members, the faculty member, or representatives of the Vice Chancellor and the faculty member. At the end of the Vice Chancellor's presentation the Hearings Committee shall consider the matter in executive session.
      3. The burden is on the faculty member to satisfy the Committee that his or her contentions are true.
    6. Procedure after hearing.
      1. The Hearings Committee shall make its decision within 10 days of the close of the hearing.
      2. If the Hearings Committee determines that the faculty member's contention has not been established, it shall so notify him, the Vice Chancellor, and the department chairman by a simple, unelaborated written statement. Such action confirms the decision not to reappoint.
      3. If the Hearings Committee determines that the faculty member's contentions have been established, it shall so notify him, the Vice Chancellor for Academic Affairs, and the department chairman through a written report containing its findings and recommendations. The Vice Chancellor shall consult with the Committee of the Tenured Faculty and with the department chairman and within 10 days of receiving the Hearings Committee's decision shall provide written notification to the faculty member, the department chairman, and the Chairman of the Hearings Committee of what different decision, if any, he makes or recommends to the Chancellor.
      4. Within 10 days after receiving the Hearings Committee's determination pursuant to subparagraph (b) or the Vice Chancellor's decision notification pursuant to subparagraph (c), the faculty member may make written appeal to the Chancellor.
    7. Appeal to the Chancellor. As provided above, the faculty member may make written appeal to the Chancellor pursuant to paragraph 3.c., 5.a., or 6.d. The appeal shall be in writing and shall state specifically the reasons for which the faculty member believes that the decision not to reappoint was impermissibly based. In considering the appeal the Chancellor shall consider the entire record compiled pursuant to Sections III.D. and III.J. The Chancellor shall make his decision within 20 days of receiving the appeal and shall communicate his decision within 20 days of receiving the appeal and shall communicate his decision in writing to the faculty member, the Vice Chancellor for Academic Affairs, the department chairman, and the chairman of the committee on Hearings. The Chancellor's decision shall be the final institutional decision, subject to Section 501C (4) of the Code.

Section IV. DUE PROCESS BEFORE DISCHARGE OR THE IMPOSITION OF SERIOUS SANCTIONS. (amended by SD1089S)

  1. A faculty member who is the beneficiary of institutional guarantees of tenure shall enjoy protection against unjust and arbitrary application of disciplinary penalties. During the period of such guarantees the faculty member may be discharged or suspended from employment or diminished in rank only for reasons of incompetence, neglect of duty, or misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty.6 These penalties may be imposed only in accordance with the procedures prescribed in this section. For purposes of these regulations, a faculty member serving a stated term shall be regarded as having tenure until the end of that term. These procedures shall not apply to nonreappointment (Section III.J) or termination of employment (Section V).
  2. The Chancellor or his delegate shall send the faculty member by registered mail, return receipt requested, a written statement of intention to discharge him. The statement shall include notice of the faculty member's right, upon request, to both written specification of the reasons for the intended discharge and a hearing by the Faculty Committee on Hearings.
  3. If, within ten daysc after he receives the notice referred to in Section IV.B. above, the faculty member makes no written request for either a specification of reasons or a hearing, he may be discharged without recourse to any institutional grievance or appellate procedure.
  4. If, within ten days after he receives the notice referred to in Section IV.B. above, the faculty member makes written request, by registered mail, return receipt requested, for a specification of reasons, the Chancellor or his delegate shall supply such specification in writing by registered mail, return receipt requested, within ten days after receiving the request. If the faculty member makes no written request for a hearing within ten days after he receives the specification, the faculty member may be discharged without recourse to any institutional grievance or appellate procedure.
  5. If the faculty member makes a timely written request for a hearing, the Chancellor or his delegate shall insure that the hearing is accorded before the elected Faculty Committee on Hearings. The hearing shall be on the written specification of reasons for the intended discharge. The Hearings Committee shall accord the faculty member twenty days from the time it receives his written request for a hearing to prepare his defense. The Hearings Committee may, upon the faculty member's written request and for good cause, extend this time by written notice to the faculty member.
  6. The hearing shall be closed to the public unless the faculty member and the Hearings Committee agree that it may be open. A quorum for the hearing is a simple majority of the committee membership. Committee members are subject to the same eligibility restrictions as in Section J.4. The faculty member shall have the right to counsel, to present the testimony of witnesses and other evidence, to confront and cross-examine adverse witnesses, and to examine all documents and other adverse demonstrative evidence. A written transcript of all proceedings shall be kept; upon request, a copy thereof shall be furnished to the faculty member at the institution's expense.
  7. The Chancellor, or his delegate or counsel, may participate in the hearing to present evidence, cross-examine witnesses, and make argument.
  8. In reaching decisions on which its written recommendations to the Chancellor shall be based, the committee shall consider only the evidence presented at the hearing and such written and oral arguments as the committee, in its discretion, may allow. The committee shall make its written recommendations to the Chancellor within ten days after its hearing concludes.
  9. If the Chancellor concurs in a recommendation of the committee that is favorable to the faculty member, his decision shall be final. If the Chancellor either declines to accept a committee recommendation that is favorable to the faculty member or concurs in a committee recommendation that is unfavorable to the faculty member, the faculty member may appeal the Chancellor's decision to the Board of Trustees. This appeal shall be transmitted through the Chancellor and be addressed to the Chairman of the Board. Notice of appeal shall be filed within ten days after the faculty member receives the Chancellor's decision. The appeal to the Board of Trustees shall be decided by the full Board of Trustees. However, the Board may delegate the duty of conducting a hearing to a standing or ad hoc committee of at least three members. The Board of Trustees, or its committee, shall consider the appeal on the written transcript of hearings held by the Faculty Committee on Hearings, but it may, in its discretion, hear such other evidence as it deems necessary. The Board of Trustees' decision shall be made within 120 days* after the Chancellor has received the faculty member's request for an appeal to the Trustees. This decision shall be final except that the faculty member may, within ten days after receiving the Trustees' decision, file a written petition for review with the Board of Governors if he alleges that one or more specified provisions of The Code of The University of North Carolina have been violated. All such petitions to the Board of Governors shall be transmitted through the President, and the Board shall, within 90 days* after it receives the petition, grant or deny the petition or take such other action as it deems advisable. If it grants the petition for review, the Board's decision shall be made within forty-five days after it has notified the faculty member that it will review the petition.

    *Board of Governors, September 14, 1984.
  10. When a faculty member has been notified of the institution's intention to discharge him, the Chancellor may suspend him at any time and continue the suspension until a final decision concerning discharge has been reached by the procedures prescribed herein. Suspension shall be exceptional and shall be with full pay.

Section V. TERMINATION OF FACULTY EMPLOYMENT (amended by SD1089S)

  1. Reasons Justifying Termination and Consultation Required.
    1. Reasons for terminating employment.     The employment of a faculty member with permanent tenure or of a faculty member appointed to a fixed term may be terminated by The University of North Carolina at Asheville because of (a) demonstrable, bona fide institutional financial exigency; or (b) major curtailment or elimination of a teaching, research, or public service program. Financial exigency is defined as a significant decline in the financial resources of the institution that is brought about by decline in institutional enrollment or by other action or events that compel a reduction in the institution's current operations budget. The determination of whether a condition of financial exigency exists or whether there shall be a major curtailment or elimination of a teaching, research, or public service program shall be made by the Chancellor, after consulting with the academic administrative officers and faculties as required by Section V.A.2. This determination is subject to concurrence by the President and then approval by the Board of Governors. If the financial exigency or curtailment or elimination of a program is such that the institution's contractual obligation to a faculty member cannot be met, the faculty member's employment may be terminated in accordance with the institutional procedures set out in subsection B. below.
    2. Consultation with faculty and administrative officers.     When it appears that the institution will experience an institutional financial exigency or when it is considering a major curtailment in or elimination of a teaching, research, or public service program, the Chancellor or his delegate shall first seek the advice and recommendations of the academic administrative officers and the Executive Committee of the Faculty Senate. If the Chancellor, the academic administrative officers, and the Executive Committee of the Faculty Senate agree that it may be necessary to eliminate faculty positions currently filled, the matter shall then be referred to a meeting of all department chairmen, and this body shall make its recommendation to the Chancellor before any further action is taken. A copy of the department chairmen's recommendation, signed by the presiding officer of their meeting, shall be appended to any proposal the Chancellor may make on this subject to the Board of Trustees, The President, or the Board of Governors.
  2. Termination procedure.
    1. Considerations in determining whose employment is to be terminated.     In determining which faculty member's employment is to be terminated for the reasons set forth in Section V.A.1., consideration shall be given to tenure status, to years of service to the institution, and to other factors deemed relevant, but the primary consideration shall be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the institution.
    2. Timely notice of termination.
      1. When a faculty member's employment is to be terminated because of major curtailment or elimination of a teaching, research, or public service program and such curtailment or elimination of program is not founded upon financial exigency, the faculty member shall be given timely notice as follows: (1) one who has permanent tenure shall be given not less than twelve months' notice; and (2) one who was appointed to a fixed term and does not have permanent tenure shall be given notice in accordance with the requirements of Section 604A of The Code.
      2. When a faculty member's employment is to be terminated because of financial exigency, the institution shall make every reasonable effort, consistent with the need to maintain sound educational programs and within the limits of available resources, to give the same notice as set forth in Section V.B.2. (a).
    3. Type of notice to be given.     The Chancellor or his delegate shall send the faculty member whose employment is to be terminated a written statement of this fact by registered mail, return receipt requested. This notice shall include a statement of the conditions requiring termination of the faculty member's employment; a general description of the procedures followed in making the decision; a disclosure of pertinent financial or other data upon which the decision was based; a statement of the faculty member's right, upon request, to a reconsideration of the decision by a faculty committee if he alleges that the decision to terminate him rather than another faculty member was arbitrary or capricious; and a copy of this procedure on termination of employment.
    4. Termination if reconsideration not requested. If, within ten days after he receives the notice required by Section V.B.3., the faculty member makes no written request for a reconsideration hearing, his employment shall be terminated at the date specified in the notice given pursuant to subsection B.3., without recourse to any institutional grievance or appellate procedure.
    5. Request for reconsideration hearing.     Within ten days after he receives the notice required by Section V.B.3., the faculty member may request by registered mail, return receipt requested, a reconsideration of the decision to terminate his employment if he alleges that the decision was arbitrary or capricious. The request shall be submitted to the Chancellor and shall specify the grounds upon which the faculty member contends that the decision to terminate his employment was arbitrary or capricious and shall include a short, plain statement of facts that he believes support the contention.

      Submission of such a request shall constitute on the part of the faculty member: (a) a representation that he can prove his contention, and (b) an agreement that the institution may offer in rebuttal of his contention whatever relevant data it may have.
    6. Jurisdiction of reconsideration committee.     If the faculty member makes a timely written request for a reconsideration of the decision, the Chancellor or his delegate shall insure that the hearing is accorded before the elected Faculty Committee on Hearings. This reconsideration shall be limited solely to a determination of the contentions made in the faculty member's request for reconsideration. The reconsideration hearing shall be held promptly, but the committee shall give the faculty member five days from the time it receives his written request for a hearing to prepare for it.
    7. Conduct of hearing.     The hearing shall be conducted informally and shall be closed to the public. The faculty member and the Chancellor have the right to legal counsel, to present the testimony of witnesses and other evidence, to confront and cross-examine adverse witnesses, and to examine all documents and other adverse demonstrative evidence. The faculty member and the committee shall be given access, upon request, to documents of The University of North Carolina at Asheville that were used in making the decision to terminate the faculty member after the decision was made that some faculty member's employment must be terminated. At the faculty member's request a transcript of the proceedings shall be given him at the institution's expense. The committee may consider only such evidence as is presented at the hearing and need consider only the evidence offered that it considers fair and reliable. All witnesses may be questioned by the committee members. Except as herein provided, the conduct of the hearing is under the committee chairman's control.

      A quorum for purposes of the hearing is a simple majority of the committee's total membership. No one shall serve on this hearing committee who holds appointment in the faculty member's department who participated in the final recommendation to the Vice Chancellor for Academic Affairs or who will testify as a witness. A committee member who has a conflict of interest shall withdraw from the hearing of that case after consultation with the committee Chair and the Chair of the Faculty Senate.
    8. Hearing procedure.     The hearing shall begin with the faculty member's presentation of contentions, limited to those grounds specified in the request for hearing and supported by such proof as he desires to offer. The Chancellor or his representative may then present in rebuttal of the faculty member's contentions, or in general support of the decision to terminate his employment, such testimonial or documentary proofs as he desires to offer, including his own testimony.

      At the end of this presentation, the reconsideration committee shall consider the matter in executive session and shall make its written recommendations to the Chancellor within ten days after its hearing concludes. The burden is on the faculty member to satisfy the committee that his contention is true to a substantial certainty.
    9. Procedure after hearing.     If the reconsideration committee determines that the faculty member's contention has not been established, it shall, by a simple unelaborated statement, so notify him and the Chancellor. The faculty member may then appeal the decision to terminate his employment in the manner provided by Section 501 C(4) of The Code of The University of North Carolina.

      If the reconsideration committee determines that the faculty member's contention has been satisfactorily established, it shall so notify him and the Chancellor by a written statement that includes a recommendation for corrective action by the Chancellor.

      Within ten days after he receives the recommendation, the Chancellor shall send written notice to the faculty member and the chairman of the reconsideration committee what modification, if any, he will make with respect to the original decision to terminate the faculty member's employment. If the Chancellor fails to reverse the original decision, the faculty member may appeal termination in the manner provided by Section 501 C(4) of The Code of The University of North Carolina. If the Chancellor concurs in a recommendation of the committee that is favorable to the faculty member, his decision is final.
  3. Assistance for Faculty Members and Rights to New Positions.
    1. Institutional assistance to employees who are terminated. The institution, when requested in writing by an employee whose employment has been terminated, shall give him reasonable assistance in finding other employment.
    2. First right of refusal of new positions. For two years after the effective date of termination of a faculty member's contract for any of the reasons specified in subsection A., the institution shall not replace the faculty member without first offering the position to the person whose employment was terminated. The offer shall be made by registered mail, return receipt requested, to the address last reported by the faculty member, and he shall have thirty calendar days after he receives the notice to accept or reject the offer.

Section VI. RETIREMENT (Revised September 14, 1984: Board of Governors)

  1. Faculty Members
    1. Each member of the faculty shall be retired automatically, without notice, on July 1 coincident with or next following his or her seventieth birthday, except as provided in subsection (2), below.
    2. A faculty member may be continued in employment beyond the retirement date specified in subsection (1) upon recommendation of the Chancellor and approval of the Board of Trustees; provided, that such a continuation in employment may be accomplished only through a term appointment or a series of term appointments, with each such term appointment not to exceed one year in duration.
      1. Each proposed appointment to continue employment beyond the retirement date specified in Section VI.A. shall be initiated by recommendation of the chairman or dean of the department or school concerned after consultation with the faculty member. The recommendation shall present evidence that the faculty member can continue to perform at a high level, and it shall set forth in detail the exceptional circumstances that justify the recommendation.
      2. The chairman's recommendation for continuation shall be reviewed through the administrative channels prescribed for reviewing recommendations for other fixed-term faculty appointments.
      3. Not later than twelve months before the retirement date specified in subsection A. and not later than six months following the start of any subsequent term of employment, the faculty member shall be given written notice either by the Vice Chancellor that his continuation is not to be effected or by the Chancellor that his continuation has been approved. Failure to give notice as herein required is not a basis for continuing employment.
      4. If the faculty member's department chairman determines that the continuation of employment should not be effected, he shall so notify the faculty member in writing. A copy of the notice given to the faculty member shall be sent to the Vice Chancellor for Academic Affairs.
      5. The faculty member may request a review of the chairman's determination by the Vice Chancellor for Academic Affairs. This request must be written and may set forth any exceptional circumstances relating to adverse effects upon the institution that the faculty member expects will result if he is not continued. The Vice Chancellor's concurrence with the chairman's decision affirms the decision. If the Vice Chancellor thinks the matter should be reviewed, he shall so notify the faculty member's chairman, who shall thereupon put the matter forward into the regular administrative review channels. Concurrence with the chairman's determination at any level of administrative review is a final determination, and review thereupon terminates at that level. If there is disagreement with the chairman's decision at any level of review below the Chancellor, the question of reappointment shall immediately be referred to the Chancellor for final decision.
  2. Non-Faculty Employees (E.P.A.).     Employees in "covered positions" shall be retired automatically, without notice, on July 1 coincident with or next following their seventieth birthday, unless continued in service beyond that date upon recommendation of the Chancellor and approval of the Board of Trustees, only through term appointments each of which is not to exceed one year in duration.
  3. Senior Administrative Officers of the University.     Senior administrative officers of the University shall be retired from those appointments on July 1 coincident with or next following their seventieth birthday.

Section VIII. COMMITTEES OF THE FACULTY

  1. Committee of the Tenured Faculty.
    Not later than April 15 of each year, the faculty shall elect members to a committee of the Tenured Faculty. The committee's mission is to consult with the Vice Chancellor for Academic Affairs, on call, in cases requiring decision on reappointment, promotion, and the conferral of permanent tenure. The committee shall elect its own chairman. This committee shall be composed of two tenured full or associate professors from each of the areas of Humanities, Sciences, and Social Sciences; no more than one member may come from any subject-matter department. Members of the Faculty Committee on Hearings may not serve on the Committee of the Tenured Faculty or the Grievance Committee. Election to the committee shall be for a term of two years, except that in the first election one faculty member from each of the three academic areas shall be designated to serve only one year. Members may not succeed themselves. New members formally replace outgoing members on the date of the first faculty meeting of the school year.
  2. Faculty Committee on Hearings.
    Not later than April 15 of each year, the faculty shall elect members to a Faculty Committee on Hearings to conduct hearings as prescribed in this document and in Chapter Six of The Code of the University of North Carolina. This committee shall be composed of two tenured faculty members from each of the areas of Humanities, Sciences, and Social Sciences; only one member may come from any subject-matter department. Members of the Committee of the Tenured Faculty or the Grievance Committee may not serve on this committee. Election to the committee shall be for a term of two years, except that in the first election one faculty member from each of the three academic areas shall be designated to serve only one year. Members may not succeed themselves. New members formally replace outgoing members as of the date of the first faculty meeting of the school year.
  3. Faculty Grievance Committee. (amended by SD4089S)
    1. Not later than April 15 of each year, the faculty shall elect members to a Faculty Grievance Committee. This committee shall contain at least one faculty member at each professor rank. Only one member may come from any subject-matter department. No officer of administration shall serve on the committee. For purposes of this section, officers of administration shall be deemed to include department chairman and program directors. Members of the Committee of the Tenured Faculty and members of the Faculty Committee on Hearings may not serve on this committee.
    2. The committee shall be authorized to hear, mediate, and advise with respect to the adjustment of grievances of members of the faculty. The committee's power shall be solely to hear representations by the persons directly involved in a grievance, to mediate voluntary adjustment by the parties, and to advise adjustment by the administration when appropriate. Advice for adjustment in favor of an aggrieved faculty member may be sent to the Chancellor only after the department chairman or other administrative official most directly empowered to adjust the matter has been given similar advice and has not acted upon it within a reasonable time.
    3. "Grievances" within the province of the committee's power shall include matters directly related to a faculty member's employment status and institutional relationships within this institution. However, no grievance that grows out of or involves matters related to a formal proceeding for the suspension, discharge, or termination of a faculty member, or that is within the jurisdiction of another standing faculty committee, may be considered by the committee.
    4. If any faculty member feels that he has a grievance, he may petition the Faculty Grievance Committee for redress. The petition shall be written and shall set forth in detail the nature of the grievance and against whom the grievance is directed. The petition shall contain any information that the petitioner considers pertinent to his case. If the grievance arises out of a single action, the petition should be filed within thirty days from the time that the grievant should have reasonably known that the action occurred. The committee shall decide whether the facts merit a detailed investigation so that submission of a petition shall not result automatically in an investigation or detailed consideration of the petition.
  4. Committee on Institutional Development.
    The Faculty Senate Committee on Institutional Development shall be composed of five members: the Second Vice Chairman of the Senate, who shall chair the Committee, and four members appointed by the Senate Executive Committee. (See University of North Carolina at Asheville Senate Constitution, Section 5, for the composition of this committee.) The committee shall have concern for policy, planning, and initiatives in those areas of institutional development where faculty involvement is proper.

Section VIII. EFFECTIVE DATE: September 5, 1980

  1. These policies and regulations supersede all other institutional documents governing the matters covered herein.
  2. All provisions of these policies and regulations shall become operative (with respect to all existing and all future faculty appointments) on the effective date, which shall be the date 28 calendar days after the day on which these policies and regulations have been approved by the President and the Board of Governors of The University of North Carolina.
  3. The provisions of Section VI shall apply both to all persons who, upon the effective date, have attained normal retirement age and are in continued terms of employment and to those persons who attain normal retirement age after the effective date.

_________________

NOTES

1Wherever used in Sections III, IV, and V the word "year" means an academic year and the word "term" applies to service during the academic year(s) within that term, unless another meaning is set forth explicitly in the contract with the faculty member.

2Wherever used in Section III, the word "day excludes Saturday, Sunday, and any institutional holiday; in computing any period of time, the day on which notice is received is not counted but the last day of the period being computed is counted.

3"Department" is used as a generic term for departments, professional schools, and any other academic unit to which faculty appointments are made; "chairman" as a generic term for department chairman, deans of professional schools, and any other heads of academic units to which faculty appointments are made.

4When a faculty member under consideration is a chairman or is in a department that has no chairman, the Vice Chancellor for Academic Affairs shall make the assessment called for in paragraph 1 and accomplish the consultation and recommendation called for in paragraph 2. If the Vice Chancellor intends to recommend reappointment, he shall provide the notice and opportunities called for in paragraph 3.a., together with the Committee of the Tenured Faculty if the faculty member requests, and then shall proceed as in paragraph 3.b.

5And the department chairman, if the faculty member alleges that his or her recommendation was impermissibly based or affected by material procedural irregularities. In such cases references herein to the Vice Chancellor for Academic Affairs include reference to the department chairman.

6Retirement for reason of disability shall be in accordance with North Carolina statutes and regulations governing retirement for faculty who are members of the state retirement system. A faculty member who is not a member of the state retirement system and who is mentally or physically disabled, but refuses to retire, may be discharged because of that disability only in accordance with the procedures of this section.

c]In Sections IV and V the term "days" shall in each instance mean consecutive calendar days. (Board of Governors Time Limits on Appeals, September 17, 1984, Administrative Memorandum, no. 206).

14.3 UNCA Catalog

The UNCA Catalog contains information on academic programs and degree requirements as well as much other useful information. Copies are distributed annually to each member of the faculty through the departmental secretary. Faculty are responsible for keeping themselves well informed on the content of the UNCA Catalog to ensure they follow UNCA policies in advising students, teaching classes, and making curriculum changes.

Each year departments must submit catalog changes to the APC for review and approval by the Faculty Senate. Annually APC notifies departments and programs of the schedule for submission of proposed Catalog changes for the following year. Generally the proposed changes must be received by APC by the end of Fall semester. The Assistant VC for Enrollment Services coordinates the annual Catalog revision and production.

The University Catalog contains the official statement of graduation requirements applicable to the year of issuance. Consequently, the Catalog current for the year entered as a degree-seeking student contains the general education requirements applicable to the student regardless of date of graduation. Requirements for the major are those current at the time the student is accepted into the major.

Contact the Registrar's Office, the Office of Enrollment Services or the Office of Academic Affairs if you have questions about the content of the Catalog. The Catalog is available online at http://www.unca.edu/catalog/.

14.4 FORMS for Section 14.0

No forms for this section.

Faculty Handbook - version 8/12
Handbook for contracts dated prior to 7/1/03 (PDF)
Index | Faculty Senate | UNCA