THE UNIVERSITY OF NORTH CAROLINA AT ASHEVILLE
FACULTY SENATE

Senate Document Number 0202F

Date of Senate Approval 10/17/02

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Statement of Faculty Senate Action:

Executive Committee Document 2:  Tenure Task Force Revisions to Faculty Handbook (Revision of SD3602S)

Under the condition that EC#1 of 2002-2003 becomes effective, replace sections of the Faculty Handbook with the revised version that follows. Revisions of specifications of faculty ranks in section 2.1.2 do not apply to faculty members employed before the time at which this document becomes effective.

Rationale and Impact

On April 11, 2002, the UNCA Faculty Senate passed 3502S - Revision of UNCA Tenure Policies and Regulations and 3602S - Tenure Task Force Revision to Faculty Handbook. However, those documents were not acceptable to the Board of Governors. This document incorporates additional changes suggested by the Office of the President and Mark Padilla as edited by the Tenure Task Force. These changes would supercede 3602S.

Summary of Proposed Changes to 3602S

1. Descriptions of the ranks have been reorganized by dividing them into tenurable ranks and non-tenurable ranks. Descriptions have been altered to agree more closely with the Faculty Handbook. The only substantive change in this section is described in #2 below.

2. Instructors have only two years to get their terminal degree. If they do not receive their terminal degree within two years, they can be appointed to one more terminal year on the faculty.

3. When Chairs are being evaluated a tenured member of another department within that division will fill the role of Chair in the evaluation process. (In 3502S an Associate VCAA was specified to fill the role of Chair.)

4. When departments have less than three tenured faculty non-tenured members of the department would not be allowed to be included in the departmental evaluation of the faculty member. Conditions for allowing tenured members of other departments in this case are specified.

5. The tenure clock is stopped for one-year leaves or for maternity or primary-care leaves. The tenure clock for one-semester leaves is not stopped unless requested by the faculty member and approved by the VCAA. Faculty members who drop to part-time employment due to maternity or primary-care duties for any part of the academic year are eligible to extend the probationary period by one year.

6. A section describing the course of action regarding tenure implications should an untenured faculty member accept an administrative position was deleted.

7. If an assistant professor is reappointed for a second probationary term, the second probationary term would be changed to a 4-year term beginning the following fall semester as opposed to a 3-year term beginning the year after the following fall.

8. The VCAA may involve the Associate Vice Chancellor(s) of Academic Affairs in a consultative role in tenure and promotion decisions.

Editorial insignia:

italics font indicates proposed text, either from the earlier review or from the current process (except where noted);

strikethrough font indicates previous FH text proposed for deletion;

strickthrough italics font indicates earlier proposed text now proposed for deletion;

[brackets contain explanatory comments not to be included in the FH]

2.1 Faculty Status and Rank - Definitions

2.1.1 Terminal Degree Policy of the UNC System

It is the policy of The University of North Carolina at Asheville that faculty members must have the appropriate terminal degree for their discipline in order to be eligible for academic tenure. In most fields this is the doctorate degree. To clarify questions about exceptions consult with your Department Chair/Program Director and the VCAA.

[Rationale: UNC does not have such a policy; each campus needs to address this criterion as appropriate to that campus. Language about exceptions should be deleted as it suggests routine allowances.]

2.1.2 [Ranked] Faculty Ranks

[Rationale: faculty are defined as persons having academic rank (see below); thus there are no "unranked faculty." This correction has already been made at current FH 14.2.]

The faculty at The University of North Carolina at Asheville is composed of all persons having academic rank, the Chancellor and the Vice Chancellor for Academic Affairs, and all ranked librarians, Faculty ranks are Professors, Associate Professors, Assistant Professors, Lecturers, and Instructors, and Visiting Faculty (see Article I, Constitution of the Faculty Senate, UNCA, Section 14.1). Ranked appointments may be held by full-time members of the teaching faculty, librarians, the Chancellor and the Vice Chancellor for Academic Affairs. Individuals who perform duties equivalent to teaching 24 semester hours during the academic year and hold a regular faculty contract are considered full-time members of the faculty. Individuals in Specialized Faculty Appointments are generally not considered part of the faculty.

See Section 14.2 of the UNCA Tenure Policies and Regulations, Faculty Ranks, for details associated with appointments, evaluation and notice.

2.1.2.1 Full-time Faculty Non Tenurable Ranks

Instructor: The rank of instructor is appropriate for persons who are appointed to the faculty in the expectation that they will soon could progress to a professorial rank but who lack, when appointed, the necessary terminal degree one or more qualifications expected by their department for appointment to a professorial rank. Initial appointment to the rank of instructor shall be for one year, a probationary year's service at this rank, with one additional year of Instructor rank allowable so as to complete the required degree. (However, the candidate can be offered a terminal one-year appointment following the two-year allowance.) Effective on completion of any probationary year, instructors 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 14.2, III.C.5. Upon completion of the necessary degree, advancement to the rank of assistant professor begins the following fall semester and initiates the four-year probationary term. No person holding a position as an Instructor may be appointed to permanent tenure at that rank.

Lecturer: The rank of lecturer is appropriate reserved for persons who are appointed to non-tenure track full-time faculty positions of specifically contracted length. This rank shall be used for persons who have special teaching ability but do not intend to obtain the terminal degree in the field. Lecturer contracts shall specify departmental expectations regarding teaching load, scholarship/creative/professional activity and service responsibilities. Contracts shall be developed by the department Chair and approved by the Vice Chancellor for Academic Affairs. Initial appointment to the rank of lecturer shall be for a term of one year. After completion of at least three one-year appointments, terms may be extended to three or five years. Lecturer positions are not permanent positions; prior to the end of each contract term, the Chair of the department must request that the position be maintained for an additional contract term (see Section 2.3). No person holding the position of lecturer may be appointed to permanent tenure at this rank. The "notice" provisions of Section 14.2, III.B.4 do not apply to lecturer appointments; each lecturer shall be notified of reappointment for the following academic year before the end of the preceding spring semester in the final year of the contract.

[Text deleted because a lecturer may have the terminal degree and the intention of the lecturer who does not have the terminal degree should not be a consideration.]

Visiting Faculty. The qualification "visiting" applies to faculty hired for fixed-term appointments, normally in roles replacing a regular faculty member taking a leave or awarded an off-campus scholarly assignment. Such an appointment shall be at a specific rank for a term of not more than one year; one subsequent appointment may be made for a term of not more than one year.

Specialized Fixed-term Faculty Appointments (see Section 14.2. for further explanation)

Lecturer; Artist, Poet, Writer in Residence: Clinical, Research: Fixed-term appointments with the title designations of "lecturer," "artist in residence," or "writer in residence," or with any faculty rank designated in Section 2.1.2 above when accompanied by the qualifying prefix "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.

The "notice" provisions of Section 14.2,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 appropriate department.

2.1.3.2 Adjunct Faculty (one-half time or less): Adjunct faculty are employed semester by semester and paid on a per-course contract as specified in their letter of employment from the VCAA. Normally an adjunct is restricted to teaching no more than six hours per semester. Adjuncts are subject to the same fixed-term appointments described in Section 2.1.3.1

2.1.2.2 Emerti Faculty (supercedes SD0495F)

To honor distinguished service, the University grants emeritus status to those faculty members who:

Retire from the University with faculty rank after at least ten years of service at UNCA or retire from the University with tenure.

Have demonstrated distinguished performance as determined by the judgment of the Committee of Tenured Faculty.

Are approved by the Board of Trustees acting upon the recommendation received from the faculty of the home department or program and Chancellor.

However, special circumstances may dictate that the first of these requirements be waived, in which case the Committee of the Tenured Faculty is empowered to act by two-thirds vote of those present and voting. Eligibility for emeritus status under these standards is retroactive for all faculty who have retired since the creation of the University of North Carolina at Asheville.

The designation shall be "Emeritus" following whatever highest rank has been earned, e.g., Professor Emeritus, Associate Professor Emeritus, or Assistant Professor Emeritus depending upon the status of the incumbent upon retirement.

In each instance of faculty retirement, the Chair of the retiree's department (in the case of retiring Department Chairs or Program Directors, the Vice Chancellor for Academic Affairs) shall initiate the process of recommending emeritus status, provided such action meets the approval of the individual concerned.

The designation of Emeritus status for major administrative officers shall conform to the same ten year policy and be initiated by the Chancellor for approval by the Board of Trustees. Major administrators who also hold professorial rank will be considered for professional emeritus status in accordance with the regular procedure for faculty and administrative status in accordance with the procedure for administrators.

2.1.3.4 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.

2.1.2.3 Tenurable Ranks

Assistant Professor: Appointment to the rank of assistant professor is appropriate for faculty who hold the terminal degree (usually the doctorate) in their discipline and who are otherwise fully qualified to hold a faculty position.

Initial appointment to this rank shall be for a probationary term of four three years. In the third year At the end of this term following a review, the person may be appointed for a second four-year probationary term. A favorable review followed by reappointment voids the fourth year of first term and initiates the second probationary term in the following academic year. An unfavorable review allows the fourth year of the first term to serve as a grace year of employment with faculty status. (See Section 14.2). Reappointed persons on tenure track will normally be evaluated for tenure in the fifth year and promotion to Associate Professor in the sixth year of the full probationary period employment. Candidates awarded tenure will begin a permanent contract in the following seventh year of employment. Candidates not awarded tenure may not be reappointed beyond the seventh year of employment.

Associate Professor: Appointment to this rank is appropriate for faculty who hold the terminal degree in their discipline and who demonstrate an outstanding level of achievement in either teaching or scholarship and creative activity, with significant contribution in the other area, and in service. For untenured faculty, the initial appointment to this rank shall be for a probationary term of four five years. Appointments will normally be evaluated for tenure in the third year of the term. Candidates awarded tenure will begin a permanent contract in the fourth year of employment. Candidates not awarded tenure At the end of this term, the person may or may not be reappointed beyond the fourth year of the term. (See Section 14.2, III,C.5).

[Rationale: the contracts of faculty who come in with advance rank but are unable to attain tenure after three years should be terminal.]

Professor: Appointment to the rank of Professor indicates an outstanding level of achievement in either teaching or scholarship/creative activity, with a significant contribution in the other area, and in service which has been sustained over a period of years. For untenured faculty, the initial appointment to the rank shall be for a probationary term of four three years; at the end of this term the person may or may not be reappointed (See Section 14.2, III,C.5). Appointments will normally be evaluated for tenure in the third year of the term. Candidates awarded tenure will begin a permanent contract in the fourth year of employment. Candidates not awarded tenure At the end of this term, the person may or may not be reappointed beyond the fourth year of the term. (See Section 14.2).

2.1.2.4 Part-time, continuing contract (at least one-half time)

Under special circumstances approved by the VCAA, and for a specified time period, a faculty member may be appointed to a ranked position at less than full-time but more than one-half time teaching equivalency. Persons in this category are on an annual salaried contract; their tenure status is not altered by this appointment. North Carolina law requires a person to be employed at least three-quarters time to qualify for benefits.

3.5.2 Policy on Granting of Rank and Tenure to Administrators (Board of Trustees adopted 1/18/79)

An administrator is defined as anyone whose administrative functions amount to more than fifty percent of his or her assignment load, regardless of whether as long as he or she is on a yearly contract of at least nine-months or twelve-month contract. Because of the special nature of their positions, librarians are exempt from the provisions of this policy.

1. Tenured faculty members of the institution retain their rank and tenure when receiving an administrative appointment.; however, t They are ineligible for promotion in academic rank while serving in an administrative position. The same standards for promotion apply to all candidates.

[Rationale: Faculty who serve in administrative positions should not be penalized by giving up the right to promotion; otherwise there is a disincentive to faculty who can be both a good administrator and a productive faculty member.]

2. When the Chancellor, the Vice Chancellor for Academic Affairs or an Associate Vice Chancellor for Academic Affairs is With the exception of the Chancellor and the VCAA, administrators hired from outside the institution, he or she will may be reviewed for a faculty position, rank, and tenure during the hiring process. ; may not be appointed to any faculty rank except that of lecturer in their recognized discipline; in all cases, With the exception of the Chancellor and the VCAA, such individuals must receive the approval and recommendation of the appropriate department before rank is granted. Unless tenure has been granted, conferral of faculty rank does not, however, guarantee the right to assume a faculty position in the department upon conclusion of the administrative appointment.

3. In the cases of untenured faculty members of the institution who are moving to an administrative position, the following applies:

Individuals may request a tenure decision at the time of the administrative appointment. If tenure is not granted, the following conditions prevail: upon accepting an administrative position, individuals must take a leave-of-absence from their faculty position with the provisions that, during this absence: she/he is removed from the tenure-track appointment and must remain off the tenure track for the duration of the administrative appointment; not to exceed three years. Beyond three years she/he may return to the original faculty rank only upon the recommendation of the appropriate department chair, the VCAA, and the Chancellor.

[Faculty should not go on and off the tenure track. The process of requesting tenure before an administrative appointment and then being denied--followed by going off the tenure-track with the possibility of returning to the same faculty position--is unworkable: this would imply the possibility of two tenure decisions. If tenure is not granted, a person has a terminal year as a member of the faculty regardless of his or her administrative status.]

3.5.3 Guidelines for Awarding of Reappointment, Tenure and Promotion for Faculty (amended by SD3502S)

The candidate for reappointment, tenure or promotion is to present his or her chair with a well documented report of accomplishments in the categories described in Section 3.5.4.4. The Department Chair will review and evaluate each faculty member's level of accomplishment accordingly, after appropriate consultation with the department, and shall make recommendation relative to reappointment, tenure or promotion. Such recommendations are carefully reviewed by the Committee of Tenured Faculty and by the VCAA. The following sections present guidelines for that review process in each evaluation category.

Lecturer. The process for reappointment of Lecturers varies by contract status. Lecturers on one-year contracts are reviewed departmentally and reappointed by the Vice Chancellor of Academic Affairs in consultation with the department Chair. However, reappointment after three years of service, whether for a one-year or a multi-year contract, follows the standard institutional process including evaluation by the Committee of Tenured Faculty (see Section 3.5.4). In all instances, reappointment requires evidence of highly effective teaching and successful performance in any other areas specified as components of contract (i.e., service, scholarship/professional/creative activity). If a multi-year contract is issued, changes to expectations regarding successful performance shall be presented each year in the Chair's annual performance evaluation of the lecturer.

Instructor. The rank of Instructor is viewed as both temporary and transitional. It is temporary in that it cannot be extended beyond two four years. (However, the candidate can be offered a terminal one-year appointment.) It is transitional in that the faculty member is expected to acquire the terminal degree those qualifications necessary for appointment at the Assistant Professor rank in a tenure-track position. Reappointment at this rank is made annually until such time as the Instructor qualifies for the Assistant Professor rank. As in all UNCA positions, effective teaching is expected of instructors. Reappointment also is contingent upon satisfactory progress toward those qualifications specified by the Instructor's department. These qualifications shall be presented each year in the Chair's annual performance evaluation of the Instructor.

[Faculty in a tenure-track position should not be strung out over more than two years without completing the degree, a pattern that holds back the department or program from building its curriculum and puts faculty into an unprofessional holding pattern. Since the term is reduced to a maximum of two years, the Chair's monitoring of the Instructor's candidacy is not necessary. Chair mentoring is more appropriate.]

The decision on the granting of tenure may precede the decision on promotion, although it is assumed that tenure will be awarded only to faculty who demonstrate the potential for promotion.

In their early years at UNCA, faculty members should emphasize teaching and scholarly and creative activity. In cases where unusual amounts of service are expected from an untenured faculty member, the University will take this into account in making decisions about reappointment, tenure and promotion. It is expected that an individual will have achievements in all three categories (teaching, scholarly and creative activity, and service). In all cases there must be clear evidence of highly effective teaching. It is normally expected that candidates will also demonstrate significant contributions in one of the other two areas.

Assistant Professor. Assistant Professors are appointed initially to a probationary term of four years, with a review of the faculty member in the third year. An unsuccessful review allows for the fourth year to serve as a grace year. After a successful review, a second probationary contract may be offered for a final four-year term, beginning in the academic year directly following the review. During the sixth year of the full probationary period, a promotion-with-tenure decision is made.

To become reappointed to a second probationary period as an Assistant Professor an individual must have a record of effective teaching, some scholarly/creative activity with the potential for recognized accomplishment in that area, and effective service. A high level of effective service would be considered an asset but is not an expectation of all candidates at this level.

It is expected that an individual seeking promotion to Associate Professor with tenure will have a strong record of effective teaching, recognized accomplishment in scholarly/creative activity, and some level of service both within and outside the department (i.e., to the University or community). In cases where unusual amounts of service are expected from an untenured faculty member, the University will take this into account in making decisions about promotion to Associate Professor.

Because promotion is based largely on accumulated accomplishment while in rank at UNCA, time spent in rank will vary according to the rate of achievement. Longevity per se is not considered sufficient grounds for promotion. In the interest of fairness it is desirable that approximately even standards prevail across the university. However, differences among departments and disciplines, as well as differing responsibilities among individual faculty members, require that these guidelines be implemented with some flexibility.

Associate Professor. Tenure decisions are also made for individuals hired at the rank of Associate Professor. To be eligible for tenure at the rank of Associate Professor a candidate must have a record of excellent teaching, must demonstrate a pattern of professional and scholarly development commensurate with departmental standards, and give evidence of commitment to the University through service both within and outside the department.

[The language had implied that tenure is not concurrent with appointment to Associate Professor in a review process. The first sentence now added to the earlier proposed wording--right after "Associate Professor"--corrects this suggestion.]

Promotion from Associate to Professor requires evidence of continued excellence in teaching and further growth and maturity in scholarly/creative activity. A more significant level of service to the department and to the University or community is expected. While the evaluation will focus on accomplishments since promotion to Associate Professor, the candidate's whole career will be taken into consideration. Because promotion is based largely on accumulated accomplishment while in rank at UNCA, time spent at the rank of Associate Professor will vary according to rate of achievement.

It is normally expected that promotion to a senior rank (Associate or Full Professor) requires an outstanding level of achievement in either teaching or scholarly and creative activity, with at least a significant level of contribution in the other area, as well as in service. While the evaluation will focus on accomplishments since the last promotion, the candidate's whole career will be taken into consideration.

Professor. Tenure decisions are also made for individuals hired at the rank of Professor. An individual seeking tenure as a Professor must have a strong record of excellent teaching, significant accomplishment in scholarly/creative activity, and evidence of commitment to the University through service both within and outside the department.

[in the following section, regular font is previously approved next text, italics is proposed text; all of the text would be new to the FH.]

Extensions to probationary periods. Because reappointment and tenure decisions are governed by timetables, modifications to these timetables must be documented in writing. Section III-F of the UNCA Tenure Policies and Regulations notes that a probationary faculty member who receives a one-year leave of absence also receives an automatic timetable extension of one year. A probationary faculty member who receives a one-semester leave of absence normally does not stop the tenure clock; however, the faculty member may request a one-year semester timetable extension from the VCAA. Written VCAA acknowledgement or authorization of the extension must be provided to the faculty member, to his or her department chair, and retained in the faculty member's personnel file. See Section 4.2 for descriptions of faculty leaves. A leave of absence due to maternity or primary-care duties (as prescribed by the Family Leave and Medical Act) automatically extends the probationary period by one year unless requested by the faculty member and authorized by the VCAA.

[There should be only one schedule for tenure reviews, based on full academic years rather than terms.]

3.5.4 Procedure for Evaluating Faculty Members for Reappointment, Tenure and Promotion (SD3701S)

3.5.4.1 Summary of the Evaluation Procedure

1. With the exception of lecturers on the first two one-year contracts, the evaluation procedure is applied to all faculty members who are on at least a yearly on nine- or twelve month contracts and who are eligible for reappointment, tenure or promotion. The term "candidate" in subsequent items refers to the faculty member undergoing evaluation. The term "Chair" refers to the Department Chair or Program Director responsible for evaluating the candidate.

2. For faculty whose contracts begin in Fall, the evaluation process begins in Fall of the year of review. For faculty whose contracts begin in the spring the tenure clock begins the following academic year at other times should consult with the VCAA for their specific review timelines.

A. In the case of a contractually required review (i.e., a reappointment or tenure review), the VCAA begins the process by sending a notice of review to each candidate with a copy to the faculty's member's chair.  The notice of review specifies the documents to be prepared and the timetable for the review process.

B. In the case of a requested review (i.e., a promotion or early tenure review), the candidate initiates the process, notifying his/her Department Chair of the request for review. Faculty members are encouraged to meet with their Chairs to discuss the request and to consider the likelihood of Chair and Department support before pursuing the request. If the faculty member decides to pursue the request, he/she notifies the VCAA who then sends the candidate a notice of review as described above. Faculty members considering early tenure reviews or promotion reviews prior to the awarding of tenure should note the following information from Section 14.2. A faculty member may request a review for tenure before the contractually specified time. A negative tenure decision in this case is equivalent to a decision to not reappoint the faculty member after completion of the current probationary term. Because a promotion implies tenure, a request for a review for promotion from a non-tenured faculty member has the same consequences.

1) If a faculty member requests an early tenure review and is denied tenure, the consequence is the same as being denied tenure at a contractually scheduled review (see UNCA Tenure Policies and Regulations, Section 14.2, III-D-3).

2)  A request for promotion prior to the awarding of tenure automatically requires an early tenure review (UNCA Tenure Policies and Regulations, Section 14.2, III-B-2). If the faculty member is denied tenure, the consequence is the same as being denied tenure at a contractually scheduled review. However, the faculty member may be awarded tenure and denied promotion, in which case he/she may request promotion again at a later date.

3.  Each faculty member under review prepares an evaluation file including a Candidate's Statement, a Fall semester Faculty Record and an up-to-date curriculum vitae of his/her professional career. (Information about the format and contents of the Candidate's Statement is available in Section 3.5.4.3.) If the candidate desires, letters of recommendation from students and/or colleagues and samples of professional work may be collected for submission at this time. All materials must be submitted to the Chair by the deadline specified in the notice of review.

4. The Chair adds copies of the candidate's annual Faculty Records and Merit Evaluations, student evaluation rating summaries and comments, and peer reviews of the faculty member's teaching to this file. These additional materials should cover the full period of time between the faculty member's last review and the current review. The Chair makes these materials available to the tenured members of the Department for their review.

5. In certain circumstances, this process is modified as described below to ensure a fair and comprehensive evaluation.

A. When the faculty member under review is a Chair or Program Director

When the faculty member under review is a Chair, the UNCA Tenure Policies and Regulations specify that the VCAA execute the tasks normally assigned to the Chair in the review process (see Section 14.2, footnote 4). This modification also applies in cases where the candidate is a Program Director. When the faculty member under review serves as a department Chair or program director, the VCAA, or designated Associate VCAA, in consultation with the faculty member being evaluated, will assign a tenured faculty member to serve in the role of Chair. The designated Chair will have a tenured faculty appointment outside the department (or program) and within the division (or divisions).

[Rationale: the AVCAA/Dean of the Faculty is a direct report to the VCAA and his/her role in a faculty committee clouds the objectivity of the faculty-centered first tier of review. Also, the AVCAA/Dean may soon become part of the VCAA's review of the dossier in the AA reorganization.

]

B. When the Department has fewer than three tenured faculty members

If the Department has fewer than three tenured faculty members, the Chair will consult with faculty members outside the department chosen in consultation with the candidate and approved by the VCAA. No fewer than three tenured faculty members shall participate fully in the departmental review process. The UNCA Tenure Policies and Regulations (Section 14.2, III-D-1-a) specify that the Chair may include other Department members senior in length of service to the faculty member under review. In addition, w The following are faculty appropriate to consider for inclusion:

1) Tenured faculty members in Departments where the faculty member has taught courses.

2) Chairs or Program Directors in Departments where the faculty member has taught courses.

3) Tenured faculty members in other Departments who are familiar with the faculty member's work.

[Untenured faculty should not serve on review committees for tenure/promotion decisions. When an insufficient number of tenured faculty within a department or program are available to form a review committee, it is preferable always to form the committee with tenured members outside the department and within the division (if the candidate is a member of an inter-divisional program then within the divisions). The text that is struck out above does not fully capture the meaning of Section 14.2, which reads

"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."

This passage suggests that untenured faculty senior in length to the candidate are available as a resource to the Chair, not as members of the department/program review committee.]

[3.5.4.1.5.D.8] D. When the faculty member has reassigned time for administrative duties

When the faculty member has reassigned time for administrative duties, the Chair will should request a written evaluation of the faculty member's performance from the person who supervises these administrative activities. The Chair in his/her statement regarding the candidate's performance will should address this evaluation.

[There is a formatting problem in Section 3.5.4.1.5. Subsection material of "5." of which the above passage is a part needs to be indented--as in Section 3.5.4.2.]

[3.5.4.1.8.B.] 10. The materials listed in #9, along with the faculty member's annual Faculty Records and Merit Evaluations (provided by the Office of Academic Affairs) and student evaluation rating summaries (provided by the Office of Institutional Research) are made available to the Committee of Tenured Faculty. During the entire process from Tenure Committee to the review of the Chancellor, confidentiality is of paramount importance. Only individuals authorized to be involved in the review may have knowledge of the content of the review or share the vote tally. Members of the Committee are asked not to discuss any review material apart from the whole committee and to focus their comments and arrive at their conclusions based on the contents of the candidate's dossier. The Committee of Tenured Faculty, upon completion of the reviews, the materials and meets with sends to the VCAA to transmit, with comment, its [a] vote on their recommendation regarding the faculty member's reappointment, tenure or promotion. The VCAA may involve the Associate Vice Chancellor(s) of Academic Affairs in a consultative role so as to help assure equity of standards. The vote, including its tally, along with the comment material will be held in confidence thereafter by all members of the Committee and the VCAA (and any involved AVCAAs). After the VCAA shares the vote tally and comment material from the Committee with the Chancellor, the Chancellor will also hold this information in confidence, and will refer to the VCAA without comment or context all queries regarding a review. The Chancellor's communication roles are restricted to forwarding a favorable decision to the Board of Trustees and notifying the faculty member of an unfavorable decision. Under no conditions will the vote tally of the Committee be shared beyond the circle of reviewers. The VCAA will meet with the Committee after he or she knows whether the Chancellor will recommend the conferral of tenure and/or promotion so as to apprise the Committee members on the outcome of the process. The Committee members will hold this information in strict confidence.

[The rationale for the emphasis on confidentiality should be obvious: confidentiality protects the candidate from possibly career-damaging rumors; it allows the Tenure Committee to be objective with protection; and it aids the ability of the Tenure Committee to work closely with the VCAA. The notion of the VCAA consulting with the Committee is already specified at section 14.2, but had been inadequately featured here.]

[3.5.4.1.] 12. The UNCA Tenure Policies and Regulations specify the subsequent actions required by the VCAA, the Chancellor, and the Board of Trustees and the Board of Governors. In the case of a favorable VCAA recommendation, the decision is communicated to the faculty member and the Chancellor, and the process continues. In the case of an unfavorable VCAA recommendation, the faculty member has the right to conferences with the VCAA and the Committee of Tenured Faculty, and the right to seek review of the VCAA decision before the Faculty Hearings Committee. Candidates should consult the UNCA Tenure Policies and Regulations (Section 14.2) for a more detailed description of all aspects of the process.

[Management Flexibility takes out the Board of Governors from the approval process.]

3.5.4.2 Documents for Evaluation by the Office of Academic Affairs

An evaluation folder must be established in the Office of Academic Affairs for each candidate under review for reappointment, tenure or promotion. Documents in this folder are reviewed by the Committee of Tenured Faculty and the VCAA. The Academic Affairs folder contains only the following documents:

1. The Candidate's Statement (submitted by the candidate)

2. The Professional Vitae (submitted by the candidate)

3. The Fall semester Faculty Record (submitted by the candidate)

4. The Candidate's Statement of Clarification, Explanation or Rebuttal, if written (submitted by the candidate)

5. The Chair/Director's Evaluation and Recommendation (submitted by the Chair/Director)

6. Comments from Student Evaluation Forms (submitted by the Chair/Director)

7. Student Evaluation Rating Form Summaries (provided by the Office of Institutional Research)

8. All appropriate annual Faculty Records (collected by VCAA)

9. All appropriate annual Merit Evaluations (collected by VCAA)

3.5.4.3 Guidelines for Preparation of Documents by Candidates

Candidates are required to prepare three documents: the Candidate's Statement, the Professional Vitae and the Fall Semester Faculty Record. These documents first are submitted for review by the Chair and Department and then are forwarded to the Office of Academic Affairs where they are reviewed by the Committee of Tenured Faculty and the VCAA. Unless requested, cCandidates should not forward other supporting materials such as syllabi, course outlines, sample exams, and samples of scholarly or artistic work, testimonials, or letters from other Chairs/Directors or colleagues.

[3.5.4.4.1.] C. Issues to Address: The Chair's Evaluation should address performance in the areas of teaching, scholarly and creative activity, and service.

1) Required issues: The Chair is required to address the following points in the Chair's Evaluation. Evaluations failing to cover these points will be returned for revision.

The statement must report the results of the vote taken at the meeting of the tenured faculty in the department and the date of that meeting.

If the candidate is a Lecturer or holds any other special faculty appointment, the Chair should make clear why such an appointment is appropriate and the specific expectations of this individual as previously established in consultation with the Vice Chancellor for Academic Affairs. Chairs should review the description of Lecturer and other Specialized Faculty Appointments special faculty appointments in the UNCA Tenure Policies and Regulations (Section 14.2, III-C-5).

If the candidate has reassigned time from teaching, the Chair should make clear the amount of reassigned time awarded and the specific departmental expectations in view of this reassigned time.

UNC Board of Governors requires peer evaluation of teaching. The statement should provide a brief description of the department peer evaluation of teaching process and summarize the results of peer evaluation of the candidate.

4.1.1 Doctoral Study Program - Board of Governors

The Board of Governors established the Doctoral Study Assignment Program to allow selected faculty members to pursue up to one year of full-time study toward the doctoral degree. Faculty members selected to participate in the program will be allowed to pursue doctoral studies in an accredited university on a full-time basis during the period of the award. They will continue to receive their full salary and other benefits for the period of study, and will remain as employees of the institutions where they are currently employed. Faculty members selected for these study assignments are responsible for all educational and personal costs associated with their studies, including tuition, moving expenses, travel, and any other such expenses. (See Section 13.2.1 for additional information.)

[The Board of Governors no long funds a Doctoral Study Program.]

4.2 Faculty Leaves of Absence

Approval for either a special assignment or a leave of absence requires approval of the faculty member's Department Chair/Program Director, the VCAA, the Chancellor, and the UNCA Board of Trustees. See Section III of UNCA Tenure Policies and Regulations, located in Section 14.2.

4.2.1 With Pay

UNC does not have a formal system of state funded sabbaticals. UNC does allow faculty to serve with pay on certain special assignments. Family/medical leave and leaves of absence paid by non-state funds also are permissible.

4.2.1.1 Special Assignments

UNCA permits leaves paid by state funds for two three types of special assignments described in Section 4.1:

* Board of Governors Doctoral Study Program

* Faculty Exchange

* Off-Campus Scholarly Assignment

4.2.1.2 Family and Medical Leave (SD4900S, as emended by document ########)

Members of UNCA faculty entitled to benefits may apply under this policy for up to a semester off with full pay. While brief absences from faculty duties, including teaching, can usually be accommodated informally, those that involve prolonged illness and/or disability are approached can result in significant burdens to colleagues, especially in small departments. Furthermore, the faculty person who must call upon that assistance may face uncertainties and discomforts concerning the employment situation at a time of great personal stress.  This policy is designed to overcome these difficulties in a manner consistent with The Family Leave and Medical Act, The Code of The University of North Carolina and The Regulations on Academic Freedom, Tenure and Due Process of The University of North Carolina at Asheville. This leave is not allowable as terminal leave payment when the faculty member leaves the employment of the University. It may not be used to extend years of creditable state service for retirement benefits. However, it may be exhausted prior to participation in the Disability Income Plan, provided to state employees. 

[The current language is rather negative and suggests that employees don't have legally protected rights to take a leave. It is the responsibility of the work place to cover for the employee meeting the criteria, not the responsibility of the employee to arrange the leave so that it doesn't pose problems for the employer.]

I. Coverage

This policy applies to persons holding at least three-quarter time regular faculty appointments (professor, associate/assistant professor, lecturer, instructor) who are also eligible for participation in either the Teachers' and State Employees' Retirement System for North Carolina State Retirement Program or the Optional Retirement Program. It does not apply to faculty members with twelve-month appointments annually; these persons are covered under a separate leave policy of the Board of Governors. It does not apply to persons with adjunct faculty appointments. 

[.75 appointments are needed in NC to receive benefits.]

II. Benefit

A faculty member for whom any of the following conditions apply may request up to one semester off with full pay:

* medically verifiable extended illness or serious disability

* pregnancy

* bereavement

* primary care-giving responsibilities for an infant or seriously ill child, spouse/domestic partner, parent or other dependent

* other medical or family situations which may require absence from work

The leave period begins with the first day of the absence. More than one disability leave may be granted in an academic year. Approved, but not used, leave shall not accumulate nor be carried forward from academic year to academic year. This policy does not preclude requesting leaves for non-medical or serious disability reasons. 

III. Use of Leave

The period of leave provided under this policy may be used for medically verifiable sickness or injury which prevents the faculty member from performing usual duties, including temporary disability connected with childbearing and recovery. A faculty member anticipating the need for temporary disability leave relating to maternity should notify the department chair/program director in writing as soon as possible.

Female faculty shall not be penalized in their condition of employment because they require time away from work caused by or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery. Disabilities resulting from pregnancy shall be treated the same as any other temporary disability. The type and nature of the faculty member's duties during pregnancy shall be determined by the department chair/program director in consultation with the faculty member and upon advice she has received from her physician.

A faculty member may seek leave needed as a consequence of a medically verifiable illness/disability of a member of the immediate family (defined as spouse, domestic partner, parents, children--including step relationships or other legal dependents).

IV. Administration of Benefit

It is the responsibility of the faculty member to request the use of leave provided by this policy as soon as possible upon learning of the need for the leave. This request will normally be made in a letter to the department head. The department head may request medical verification of the faculty member's illness or disability, including a physician's statement about the probable length of absence from normal duties. If the request is for the purpose of caring for a faculty member's family member, domestic partner or dependent, the department chair/program director may request medical verification of the illness or disability of that person and may also inquire about the circumstance which make it impossible or difficult for the faculty member to carry on with normal duties. This information will be confidential and will be stored in the Office of Academic Affairs or the Office of Human Resources. To facilitate the gathering of necessary verification, the department chair/program director may request the assistance of the Human Resources Department.

The department chair/program director will make a recommendation to the Vice Chancellor for Academic Affairs concerning whether or not to grant the request for leave. When the request is the result of the faculty member's illness or disability, the department chair/program director will recommend leave if the need for leave is readily evident or if it is supported by medical information. When the request is to care for the faculty member's family member, domestic partner or dependent, the department chair/program director may base the recommendation on other factors, including the needs of the unit, timing within the academic year, effect on students, ability of the unit to compensate for the absence, etc.

The Vice Chancellor of Academic Affairs is responsible for making a decision on whether or not to approve leave after reviewing the department chair/program director's recommendation. The Vice Chancellor for Academic Affairs will provide written notification of the decision to the department chair/program director with a copy to the faculty member. The Vice Chancellor of Academic Affairs will provide a copy of the notice to the Office of the Chancellor and the Human Resources Department. Whenever the Vice Chancellor of Academic Affairs approves leave under this policy, he/she is responsible for working out an arrangement with the department chair/program director for covering the duties of the person on leave.

Leave may be granted for up to the period actually required by the disability or the end of the faculty member's contract period (academic year), whichever occurs first. Leave beyond this period is subject to approval by the Vice Chancellor for Academic Affairs after consultation with the faculty member's department chair/program director.

If illness or disability requires an absence from faculty duties beyond the approved salary continuation period, the faculty member may petition for a leave of absence without pay under procedures described in the Handbook for Faculty and in University policies implementing the Family and Medical Leave Act. The faculty member may also apply to the Human Resources Department for salary continuation through the Disability Income Plan or through other disability programs offered to University employees on an optional basis.

[The remaining sections (V-VIII) of 4.2.1.2 are unmodified.]

4.2.2 Without Pay

4.2.2.1 Elected Office and Civil Leaves (see Section 13.2.5)

4.2.2.2 Requested Unpaid Leave

A leave of absence without pay is possible with the approval of the Chancellor and the UNCA Board of Trustees. Except in the case of the UNC Board of Governors Doctoral Study Program, leaves of absence for probationary faculty generally are not granted. (See  Section 14.2, III-F of UNCA Tenure Policies and Regulations.) Leave requests are initiated at the department or program level and proceed through the chair or director to the Office of the Vice Chancellor of Academic Affairs. The VCAA makes a recommendation to the Chancellor.

[The Doctoral Study Program is no longer being funded. It is not clear why untenured faculty should have less reason to need an unpaid leave than permanent faculty. The process of application should be the same.]