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Along with academic freedom and tenure, all faculty members recognize certain concomitant responsibilities to their students, their colleagues, to the University, and to the state and broader community.
To students, faculty members have a responsibility for:
1. Keeping abreast of current developments in their disciplines, continuously updating course content, improving the method of instruction, and regularly evaluating the effectiveness of their instruction;
2. Maintaining in their classrooms and elsewhere an intellectual and attitudinal environment in which students are stimulated to learn, to ask questions, and to explore alternative approaches to problems;
3. Respecting students as persons, being concerned about their progress, and being willing to hear their points of view without prejudice;
4. Informing students at the beginning of each semester of the objectives of each course and organizing the method of instruction and time allocation so as to meet those objectives;
5. Informing students as early as possible concerning term paper and other requirements for the course and the basis on which grades will be determined. Examinations and papers which are used for determining a course grade should be available to students for inspection and discussion. Students' grades should be based on recognized academic standards. Students should also be informed early in the course of the policy concerning attendance;
6. Holding classes and examinations as scheduled and, in the event of necessary absence, informing the students in advance of changes in schedule and making suitable alternative arrangements;
7. Being readily available to students for individual conferences relating to course work or other matters of concern and interest to students. Faculty should post a schedule indicating times when they will be available for consultation.
With respect to their colleagues, faculty members are responsible for:
1. Avoiding conduct which intentionally and substantially obstructs or disrupts teaching or other lawful activities on the University campus;
2. Respecting the rights of free inquiry and expression of opinion by their colleagues in accordance with the University's statement on academic freedom;
3. Acknowledging in their publications, the contribution which colleagues have made their research and other endeavors;
4. Evaluating or commenting fairly and objectively on the work of colleagues when peer evaluation is required for the purposes of promotion, curriculum assessment, and the like.
With respect to the University, faculty members have a responsibility
for:
1. Participating in the committee work and other channels of self-governance on departmental, college, and University levels;
2. Observing the regulations of the University, which are designed to promote freedom for teaching and research, and participating through orderly means in seeking modification in these regulations when these are considered inappropriate;
3. Indicating that when they are speaking as a private person they are not speaking for or representing the University.
Faculty members are encouraged to participate in endeavors for improvement of the economic, social, and cultural life to the community, especially when they have an expertise which may make their contribution particularly valuable, and when such a contribution can be made without interfering with their primary obligations for teaching and scholarly endeavor.
Approved: UND Senate,
SEE ALSO: UND Senate Minutes,
Scholarly Activities), UND Faculty Handbook, III -
5.7 (Ethical Conduct)
1.2 ADMINISTRATOR RESPONSIBILITIES
The term "administrator" as used in this statement applies to
the following positions at the
The University administrator has responsibilities in most of the following areas: Financial administration, faculty and personnel administration, administration of the educational program, relationships with students, responsibilities as a teacher, responsibilities with his or her colleagues for the committee work of the University, the promotion of extracurricular activities within the area of his or her concern, and the provision of services to his or her profession and to the public. In order to discharge these responsibilities, two essentials must prevail: The administrator has the responsibility for defining in writing and publishing where appropriate the scope of work and the duties of those who are responsible to him or her. Authority to discharge these duties must be commensurate with the responsibilities assigned.
Each administrator with faculty status continues and maintains (1) his or her responsibilities as a teacher and (2) his or her awareness of the nature of the student body and of the faculty's pedagogic concerns. Each administrator with faculty status should teach or advise as appropriate.
The University administrator should adhere to the following principles
of democratic administration:
1. Respect for individuals
2. Faith in the power of human intelligence to solve problems
3. The right of each individual affected by policy formation or alteration to have an equitable part in the determination of that policy
4. The right to act through his or her chosen representatives
5. The right to equality of opportunity
6. The exercise of fairness
7. The right of each individual to appeal decisions and actions affecting him or her and the right of the individual to be informed of avenues of appeal
In the exercise of these basic principles, the administrator should nurture an atmosphere of mutual trust and honesty based on good communication.
The administrator also has a unique responsibility to keep abreast of the developments in his or her administrative field and to exercise leadership, which encourages innovation and the development of receptivity to new ideas. As a leader the administrator functions within his or her group as its spokesperson, harmonizer, planner, executive, educator, and symbol of its ideals.
Approved: UND Senate,
1.3 COMMUNICATIONS PROFICIENCY
Each institution shall establish a process for verifying communication skills, including the verbal and written English language proficiency of all personnel whose appointments include classroom instruction. The process must include procedures ensuring compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act and prohibit discrimination against a qualified individual with disabilities. The process must also guarantee protection against discrimination in violation of other rights protected under federal and state constitutions or laws and Board policies. Each institution shall:
A. Develop the process and standards for validating and assessing proficiency through an inclusive process, which recognizes the needs of departments, programs, students, and faculty;
B. Determine proficiency prior to employment;
C. Provide a means of continuously improving communication proficiency of all instructors to meet or exceed defined standards;
D. Establish a mechanism for students and personnel affected by this policy to register concerns related to the provisions of this policy;
E. Periodically review the effectiveness
of the policy and provide reports to the Board upon request; and
F. Establish procedures to ensure
compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans With Disabilities
Act, as well as federal and state constitutions and laws. The procedures shall
include a mechanism to identify otherwise qualified personnel who may be unable
to demonstrate requisite proficiency due to a disability or because of race,
religion or other protected characteristic.
State Board of Higher Education Policy Manual, 11-19-99 , Section 609
SEE ALSO:
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Every member of the academic staff at university system institutions, before entering upon the discharge of their duties, shall execute the oath or affirmation required by N.D.C.C. section 15-10-13.2. The oath shall be executed in duplicate and one copy shall be filed at the institution and one copy given to the academic staff member.
State Board of Higher Education Policy Manual,
SEE ALSO:
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3.1 INITIAL APPOINTMENT PROCEDURES
3.1.1 Faculty Recruitment
and Appointment Procedure (For Medical School Procedures see II.3.1.2)
1. The department initiates and completes a REQUEST TO RECRUIT and forwards to the Vice President for Academic Affairs and Provost through the appropriate dean, with documents prescribed by the form attached. The Provost forwards documentation to Affirmative Action Officer (AAO).
2. The AAO reviews for affirmative action compliance. When affirmative action compliance has been approved, the complete set is returned to the Provost.
3. The Provost reviews the REQUEST TO RECRUIT for appropriate rank, title, salary level, position authorization (including funding and tenure-related status), and proposed advertisement contents. When approved, the Provost files one copy and distributes copies to appropriate offices.
4. Upon receipt of the approved REQUEST TO RECRUIT, the department proceeds to advertise, receive applications, send applicant control cards, interview, and screen candidates. When a preferred candidate is identified, the department initiates and completes a REQUEST TO APPOINT and forwards the set plus supporting documentation according to the AA/EEO Faculty Appointment Hiring Procedures Checklist to the Provost through the appropriate dean. The Provost forwards documentation to AAO.
5. The AAO reviews for affirmative action compliance. When approved, the complete set is returned to the Provost.
6. The Provost reviews the entire file, consulting with the President as necessary. When approved, the Provost files one set and forwards copies to appropriate offices.
7. Upon receipt of the approved REQUEST TO APPOINT, the department initiates a JOB DATA HIRE form and forwards it to the dean with the original approved letter of understanding and vita.
8. The dean signs the JOB DATA HIRE form and, for ranked fulltime positions, prepares a contract. All copies of both forms are forwarded to the Provost along with all copies of the letter of understanding. (Note: Steps 7 and 8 can be done along with Step 4.)
9. The Provost reviews and, when approves, (a) signs the contract, (b) mails the contract, ACADEMIC RECORD, and three (3) copies of the letter of understanding to the candidate.
10. The signed contract, letters of understanding, and ACADEMIC RECORD are returned to the Office of the Provost. The Provost then forwards the copies of the appointment form, the ACADEMIC RECORD, the signed letter of understanding, and the contract to the appropriate offices.
11. Initial call staff appointments start with the REQUEST TO APPOINT. They must be accompanied by a payroll form, a letter of understanding, and vita. Renewal lecturer and call staff appointments require a payroll form and a letter of understanding. In accordance with Senate action in March 1984, lecturers and non-ranked persons may be reappointed indefinitely. Ranked persons can be reappointed only up to three years.
Vice President for Academic Affairs and Provost,
3.1.2
1. The department initiates and completes the REQUEST TO RECRUIT form and forwards the form along with attachments to the Academic Affairs/Executive Associate Dean’s Office.
2. The Executive Associate Dean (after consultation with the Dean/Vice President for Health Affairs and the Associate Dean for Administration and Finance) verifies the proposed rank, title, salary level, position authorization (including funding and tenure-related status) included on the REQUEST TO RECRUIT and reviews the proposed advertisement procedures.
3.
The Executive Associate Dean reviews and forwards all paperwork to the Affirmative Action Office (AAO) for affirmative action compliance. When approved, AAO files one copy and returns the signed form to the Academic Affairs/Executive Associate Dean’s Office for distribution to the originating department.
4. Upon receipt of the approved REQUEST TO RECRUIT, the department proceeds to advertise, receives applications, sends out release form and applicant control cards, screens applicants’ materials, and interviews candidates. When a preferred candidate is identified, the department initiates/completes a REQUEST TO APPOINT form and forwards it along with all supporting documentation including the letter of understanding to the Academic Affairs/Executive Associate Dean’s Office. When appropriate, the applicant’s file is reviewed by the Committee on Promotion and Tenure (CPT). The Committee forwards its recommendation to the Executive Associate Dean.
5. After final review of the REQUEST TO APPOINT packet by Academic Affairs and the Executive Associate Dean, the file is forwarded to the Dean/Vice President for Health Affairs for review and approval. After the Dean’s signature, the packet is forwarded to AAO for confirmation of affirmative action compliance.
6. The approved packet is returned to Academic Affairs/Executive Associate Dean’s office for distribution to the appropriate offices. A copy of the REQUEST TO APPOINT must be sent to International Programs, if the appointment involves a foreign national.
7. Upon receipt of the approved REQUEST TO APPOINT, the department initiates the JOB DATA HIRE and POSITION FUNDING forms and forwards them to Administration and Finance along with letter of understanding signed in triplicate by the Department Chair.
8. After approval by Administration and Finance, the packet is sent to the Academic Affairs/Executive Associate Dean’s Office complete the appropriate items on the appointment forms; prepare a contract; and forwards the appointment forms, the signed letter of understanding, and the contract to the Dean/Vice President for Health Affairs for approval, and signature.
9.
The signed contract, letter of understanding and appointment form are returned to Academic Affairs. The contract and the letter of understanding are mailed to the candidate for signature.
3.2 SUMMER TEACHING APPOINTMENT
The Summer Session student enrollment is approximately one-third that of a regular academic semester. However, the composition of the student body differs substantially with a larger proportion of students enrolled in the upper undergraduate and graduate courses. Efforts are made to provide variety in courses from summer to summer, insofar as departmental and University needs permit. The basic full-time teaching load is 12 credits. Most departments elect to provide a wider scope of offerings by using partial appointments. The salaries are established on a flat rate for each academic rank and number of credits taught.
Formal appointments are usually issued in March. Appointment for summer is premised on continuing employment in the fall semester, unless the needs of the department and the University indicate exceptions. Faculty having nine-month contracts may be employed for up to three full months' salary providing the employment and/or salary payments do not violate state and/or federal regulations, University regulations, or the sponsoring agency's regulations.
Director of Summer Sessions,
A courtesy appointment is an academic appointment granted to a person who has been requested by the faculty to participate in the academic or research program of the college or University because of his unique qualifications and capabilities. A courtesy appointment is a non-tenure appointment and involves no remuneration.
In requesting a courtesy appointment, the faculty must show substantial evidence of the academic qualifications of the candidate, and the specific and unique need for the candidate's special qualifications in the college or University program.
State Board of Higher Education Policy Manual,
Courtesy appointments will not normally last longer than two years. Exceptions to this must be approved by the Vice President for Academic Affairs.
Vice President for Academic Affairs and Provost,
3.4 EMERITUS STATUS
Institutions may confer emeritus status upon retirement or after retirement to faculty or senior administrators or professionals (excluding meritus status for presidents), pursuant to institution policies and procedures. Criteria for emeritus status may include, but are not limited to, length of service to the institution, significant contributions to the institution and the State of North Dakota, or particularly distinguished service to an academic discipline.
Emeritus status shall not include salary or other compensation or other rights, except privileges specified in institution policies or procedures.
State Board of Higher Education Policy Manual,
3.4.1 UND Nomination Procedure
The Office of the Vice President for Academic Affairs calls for documented nominations from department/college offices for faculty to be considered for emeritus title. A documented nomination means that a paragraph should be included on each person (1) describing why the individual merits this distinction and (2) including dates of initial appointment and retirement. The Board has requested this information. Nominations will be reviewed and accumulated into a single list, which will be submitted to the President for approval and transmission to the State Board of Higher Education.
Vice President for Academic Affairs and Provost,
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4.1 PERFORMANCE EVALUATIONS: BENEFITED EMPLOYEES
1. All benefited university system employees shall have an annual written and verbal performance development review that includes evaluation of performance based upon mutually agreed upon development plans or goals. Procedures governing faculty shall be consistent with requirements stated in Policy 605.1. Requirements for employees included within the broadbanding system are stated in Section 17 of the NDUS Human Resource Policy Manual; those requirements shall also apply to all other employees except faculty.
2. All merit pay increases must be supported by current written performance reviews and consistent with a salary administration plan adopted under policy 702.4
State Board of Higher Education Policy Manual, 06-21-01 , Section 604.3
4.2 UND PROCEDURES AND GUIDELINES FOR THE EVALUATION
OF TENURED AND NON-TENURED FACULTY
Procedures and guidelines for the evaluation of tenured and non-tenured faculty are established to provide the means whereby the performance of individual faculty members and their contributions to the University community may be equitably assessed and documented.
The uniqueness of individual faculty members, and the departments of which they are a part, has been acknowledged in the development of these guidelines and procedures; and because of that uniqueness, the main responsibility for implementation of evaluation procedures has been placed in the departments. Review of the departmental procedures by the college and the Council of Deans has been established to provide equity of assessment throughout the University community.
Evaluation instruments are the means whereby information is gathered to
provide a basis for evaluation. They do not constitute an evaluation in themselves. "Evaluation" in
the terms of these guidelines is the process whereby the information acquired
by evaluation instruments, i.e., peer and student evaluation questionnaires,
administration and external comments, etc., are analyzed and evaluated to determine
the quality of performance by an individual faculty member, as measured against
the criteria and objectives set by the department.
UND Senate,
4.3
UND POLICY ON EVALUATION
OF TEACHING
The evaluation of teaching as two distinct purposes: formative
and summative. Formative evaluation is that which gathers
information for the use of the instructor in improving his or her own teaching. Summative
evaluation gathers information to be used by colleagues and administrators
for the purpose of making decisions about retention, tenure, promotion, and
merit salary increases.
Although the policy set forth here applies only
to summative evaluation of teaching, the information collected in the course
of the evaluation process may also be used for formative evaluation when
appropriate. It is important to note,
however, that information gathered solely for purposes of formative evaluation
is intended only for the use of the faculty member, and should be used in
summative reviews only with his/her permission.
1. Frequency
and Extent of Evaluation
The teaching performance of all instructors, regardless
of their academic rank or tenure status, is subject to evaluation annually.
* All faculty, regardless of status (probationary,
tenured, and non-tenure track), must be evaluated as part of the annual review
process, as well as for decisions regarding tenure and promotion. In each case, the faculty member being evaluated
is expected to provide evidence of effective teaching in the form of at least
three sources of data, one of which must be students. (See below for a list of potential sources
of data.)
* Graduate teaching assistants must be evaluated
annually as well, in a manner appropriate to their teaching assignment.
2. Aspects
of Teaching to be Evaluated
The evaluation process should reflect the full
range of teaching activities, including classroom teaching, mentoring, course
and curriculum development, laboratory, clinical, or studio supervision,
direction of independent research projects, scholarly/grant activity related
to teaching, learning assessment activity, advising, etc.
Although it is important to acknowledge the unique
nature of each individual's teaching situation, and to set flexible standards
accordingly, it is expected that all instructors will be able to show evidence
of these five basic hallmarks of good teaching:
respect for students
command of the subject matter
careful preparation
effective communication
continuing professional
growth.
3. Roles
of the Various Parties
Role of the College. It is the role of the college to ensure that
evaluation of teaching is conducted in a fair and reasonable manner, and
with as much consistency as possible across the college. In addition to the expectations outlined here,
each college may specify other aspects of teaching to be evaluated and other
sources of data on teaching to be supplied by the department and/or faculty
member.
Role of the Department. It is the role of the department to set reasonable
expectations in regard to teaching, to communicate those expectations clearly,
and to assist and support faculty in their professional development as teachers. Toward
this end, each department shall develop a written statement of expectation
for effective teaching within the department. At
minimum, this statement should address the basic expectations outlined in
(2) above. In addition to university
and college expectations, each department may specify other aspects of teaching
to be evaluated, additional expectations to be met, and additional documentation
materials to be supplied by the faculty member. The
department's statement on teaching evaluation policy should be kept on file
in the department, distributed to each department member, and attached to
all recommendations regarding retention, tenure, promotion, and reward going
beyond the department. The department
should also be prepared to assist faculty in meeting departmental expectations,
and/or to refer them to appropriate campus resources to support their teaching.
Role of the Faculty Member. It is the role of the faculty member, in collaboration
with the department chair, to take an active part in his or her evaluation
by providing materials that give a complete picture of his/her teaching,
by organizing those materials in an accessible manner, and by making herself/himself
available for discussion of those materials with peers and administrators. In
addition to materials required by the department, college, and university,
the individual faculty member may submit any additional materials deemed
appropriate to the evaluation process.
4. Potential
Sources of Data
As noted earlier, each faculty member being evaluated
is expected to provide evidence of effective teaching in the form of at least
three sources of data in consultation with the chair, one of which must be
students.
Student-Provided Data - may be gathered using
the USAT or other student feedback forms, and/or by carefully documenting
student feedback gathered by the department chair or immediate teaching supervisor. All
student data will be offered voluntarily.
The other two sources of data to be used in the
evaluation of teaching may vary from one department to the next. They include:
Instructor-Provided Materials/Portfolios - may
include reflective statements on teaching, syllabi, descriptions of class
activities, writing assignments, tests, videotapes, evidence of scholarly
activity related to teaching, lists of classes taught, independent projects
or theses supervised, graduate committees served on, reports on course
or curriculum development work, written responses to student feedback, etc.
Documented Evidence of
Student Learning or Performance – student work samples, performances,
test results, etc.
Documented Data
from Peers - based on formal observation of classroom teaching, review of
teaching materials/portfolios, or observations of other teaching-related
work (in graduate committees, curriculum planning sessions, etc.)
Documented Data from the Chair - based on formal
observation of classroom teaching, review of teaching materials/portfolios,
or observations of other teaching-related work (in graduate committees, curriculum
planning sessions, etc.)
5. Use
of Student Feedback
NDUS policy states that "evaluations of all
teaching faculty must include significant student input" (Section: 605.1.6 - Academic Freedom and Tenure; Academic
Appointments). In order to present
a broad and accurate view of teaching, summative data should be gathered
regularly, from a wide range of classes over several semesters. It is the responsibility of the department
and/or college, to create appropriate mechanisms for gathering student input.
Informal Feedback. In addition to soliciting formal feedback for
summative purposes, faculty are encouraged to solicit
frequent informal feedback for purely formative purposes--that is, for the
sole purpose of improving teaching and learning. Informal
feedback may take the form of SGIDs, informal surveys,
or other classroom assessment techniques and may be used by the individual
teacher as he or she sees fit. Unless
and until the instructor chooses to offer such data to evaluators, it should
not be part of the evaluation process.
Mixed Data. When formal numerical data is mixed with informal
written data, as is often the case with student feedback forms, only the
numerical data will be reported to the chair and dean. However, because it is important that teaching
not be reduced to a numerical rating, it is recommended that faculty share
student written comments with evaluators as well. At the same time, because written student comments
represent only the perspective of those who choose to make them, it is also
recommended that department and college evaluators recognize the limitations
of such data and seek to corroborate it using other sources. Because written data provided by students on
anonymous end-of-semester questionnaires is protected by FERPA (Family Educational
Rights and Privacy Act), all reasonable care must be taken to see that such
data is not traceable to individual students.
Aggregate Data. Aggregate data from the USAT forms will be
compiled by the Office of Institutional Research and distributed to individual
faculty members, department chairs, and deans. Any
other aggregate data used for comparison purposes in the evaluation of individual
faculty members should also be made available to those faculty members.
UND Senate,
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5.1 ACADEMIC RANKS OF UND FACULTY
To the extent each characteristic is called for by the promotion candidate’s contracts and tenure plans, the ranks in faculty of the University of North Dakota, and the characteristics of each rank are:
PROFESSOR
Recognition for teaching excellence
Recognition for scholarly and/or creative accomplishment
Recognition for leadership within his or her profession
Recognition for demonstrated spirit of concern for society
ASSOCIATE PROFESSOR
Marked teaching effectiveness
Scholarly and/or creative accomplishment
Substantial contribution to his or her profession
Demonstrated spirit of concern for society
ASSISTANT PROFESSOR
Effective as a teacher
Scholarly and/or creative endeavor
Active in his or her profession
Spirit of concern for society
INSTRUCTOR
Promise as a teacher
Interest in his or her profession
Approved: UND Senate,
5.2 CRITERIA FOR PROMOTIONS IN RANK
Promotions in rank are initiated by a written recommendation from the department chairs to the dean of their college or school. This recommendation must include a thorough evaluation of the qualifications of the candidate. This evaluation must take into account, and speak with reference to, the tenure plan or plans under which the candidate has served, specifying the candidate’s duties and goals, identified by the candidate’s contract(s) as required by Board of Higher Education Policy Manual §605.1 Subpart 3 b. (1) and (2). Recommendations are then submitted to the Vice President for Academic Affairs/Provost who, after seeking recommendations from the University Promotions Committee and a committee of deans, makes a recommendation to the President. In accordance with State Board Policy 305.1.3.d, the President will approve or disapprove the recommendation.
Promotions are regarded as recognition of superior intellectual attainment as evidenced both in teaching and in distinctive contributions to one's discipline or profession. A truly effective faculty member will also demonstrate a commitment to society. While individuals will possess these qualities in varying degrees, they will be considered for promotion on the basis of the following criteria as specified to be pertinent to the individual in her or his contract(s) and tenure plan(s) identified in such contract(s):
A. Teaching
Effective teaching is an indispensable criterion for promotion. Evidence of effective teaching need not be restricted to formal classroom or seminar activity, but may include such things as the direction of graduate studies and contributions to curriculum design and implementation. Since there are a number of ways in which a faculty member may be a demonstrably effective teacher, no firm guidelines for judging this qualification are suggested. Rather, it shall be the responsibility of the department chairperson to submit meaningful statements, accompanied by whatever evidence or documentation he or she deems appropriate, concerning the candidate's effectiveness in various types and levels of instruction.
B. Contributions to One's Discipline or Profession
A second indispensable criterion for promotion is evidence of noteworthy contributions to one's discipline or profession in the form of research and creative work and/or outstanding professional competence and activity.
1. Research and creative work: Evidence of scholarship and creative work is found in the candidate's published research or recognized literary or artistic productions. Research publication and other creative accomplishments are to be evaluated, not merely enumerated, and there should be evidence that the candidate is continuously and effectively engaged in creative work of high quality and significance.
2. Professional competence and activity: Contributions to one's field are often in the form of demonstrated distinction in the special competencies characteristic of the profession or discipline. Recommendations based on this criterion should be accompanied by evidence of leadership in the field and progressiveness in the development and implementation of new approaches and techniques for the solution of professional problems.
C. Contributions to Society
Other areas of activity are recognized as crucial to the effective functioning of the University. A faculty member may contribute special knowledge to the benefit of society as a whole, and may serve the University in administrative roles, committee memberships, and the like. It is expected that all faculty members will devote a certain amount of time and effort to these functions.
More detail is available from the Academic Affairs Office.
Approved: UND Senate,
5.3 UND SENATE PROCEDURAL GUIDELINES FOR PROMOTION
The procedures set forth below should not be interpreted so as to diminish the department chairperson's or dean's continuing responsibility to counsel faculty under his or her administrative jurisdiction as to their professional performance and development. It is assumed that that responsibility will have been met in the determination or determinations, annually or as made, regarding the tenure plan for the person under consideration and thus the terms and conditions of employment and continued employment under the annual (or other) contract(s).
A. Initiation of Promotion
1. Recommendations are normally initiated within the department either by the faculty member desiring promotion, a department committee, or the department chairperson. Because of the close and frequent professional association between the initiating committee or the department chairperson and the faculty member, appropriate consideration should be given to the chairperson's recommendation at all stages of the reviewing process. If the recommendation is negative, the faculty member must be informed in writing by the department chairperson of the basis for the recommendation.
2. In addition to the normal procedure described in A.1 above, eligibility for promotion will be reviewed for instructors in their fourth year in rank, assistant professors in their sixth year in rank and associate professors in their seventh year in rank whenever promotion to the next rank has not been recommended earlier. The review is normally initiated in the department as described in A.1 above. A faculty member may, in writing, withdraw a consideration of a promotion at any level of review. The time periods specified above are not intended to indicate the normal or usual time spent in a particular rank prior to promotion. The criteria for evaluation of promotion should be the same regardless of when such a review occurs. For persons hired at mid-year, the half year of service shall count as a full year toward promotion.
B. The Reviewing Process
1. Recommending Authorities. Promotions are normally made by the President upon recommendation by the department chairperson, the dean of the college or school involved, and the Vice President for Academic Affairs.
All recommendations from the department chairperson, the dean, and the Vice President for Academic Affairs, must be in writing, and each must include a statement supporting the recommendation. Both the recommendation and the statement must be made part of the promotion file. After each recommendation is made, the candidate for promotion must be informed of said recommendation and must be given access to the promotion file in order to review the recommendation and respond, if desired, in the form of a written statement, to any material in his or her promotion file.
2. Groups and Persons Advisory to the Recommending Authorities.
The department chairperson must seek the advice of a department committee.
The dean of the college or school involved must seek the written advice of
deans for whom the candidate for promotion has done considerable work and the
written advice of the Dean of the
3. Promotion reviews will take place in the Fall semester. When a faculty member is being reviewed for tenure and promotion during the same academic year, recommendations at all levels are to be made simultaneously but on appropriate forms, and care is to be taken that appropriate forms are forwarded to the various advisory bodies. The faculty member being reviewed for promotion and tenure in the same academic year may submit the same supporting materials for both processes.
C. Appeals Procedure
1. Special Review Committee
a. If a faculty member alleges, within sixty calendar days of official notification of the President's decision, that the institution's procedural guidelines as described in sections A and B above were violated, the allegations shall be given preliminary consideration by the Special Review Committee, which shall seek to settle the matter by informal methods. If the allegation is unresolved at this stage, the Special Review Committee shall refer the matter to be heard by the Standing Committee on Faculty Rights in accordance with the procedures in section C.2.
b. If a faculty member alleges, within sixty calendar days of official notification of the President's decision, that his or her rights, other than those relating to procedural guidelines as described in sections A and B above, were violated, the allegation shall be heard by the Standing Committee on Faculty Rights in accordance with the procedures in section C.2.
2. Standing Committee on Faculty Rights
a. The committee may, with the consent of the parties concerned, hold joint pre-hearing meetings with the parties in order to (a) simplify the issues, (b) effect stipulations of facts, (c) provide for the exchange of documentary or other information, and (d) achieve such other appropriate pre-hearing objectives as will make the hearing fair, effective, and expeditious.
b. Service of written notice of hearing including specific grounds for the institution's contested action shall be made at least twenty calendar days prior to the hearing. The faculty member may respond in writing up until three working days before the hearing. The faculty member also may waive a personal appearance and request a decision on the basis of the written statement.
c. During the proceedings, the institution shall be entitled to have counsel, and the faculty member will be entitled to have an academic advisor and counsel of his or her own choice and at his or her own expense. In addition, either party or the committee may invite up to two observers each to attend the proceedings.
d. A recording of the hearing or hearings shall be made at the institution's expense and be accessible to both parties. The faculty member shall be provided a copy of the record upon request, without charge. The faculty member may request a written transcript of all or a portion of the record. The faculty member shall be provided a copy of such transcript without charge. The findings of fact and the decision shall be based solely on the hearing record. If the faculty member succeeds in establishing a prima facie case before the committee, it shall be incumbent upon those who made the promotion recommendation to come forward with evidence in support of their decision.
e. The committee may admit any evidence, which is of probative value in determining the issues involved. Every reasonable effort shall be made to obtain the most reliable evidence available. The committee shall grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
f. The faculty member shall be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The faculty member and the institution shall have the right to confront and cross-examine all witnesses. Where a witness cannot or will not appear, but the committee determines that the interests of justice require admission of the witness' statement, the committee shall identify the witness, disclose the statements and, if possible, provide for interrogatories.
g. The committee's conclusion as to whether or not grounds to support the institution's action have been established by the evidence in the record shall be reported to the President. The President shall notify the committee and the faculty member of the President's decision, within fifteen calendar days of receiving the report. The faculty member or committee may submit a written response to the President's decision.
Approved: UND Senate,
SEE ALSO: UND Faculty Handbook VII-4 (
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A. General Principles:
The primary responsibility of the academic community is to provide for the enrichment of intellectual experience. Essential to the realization of this ideal is a free and open academic community, which takes no ideological or policy position itself. The responsible academic community welcomes those who do take an ideological or policy position and jealously guards their right to do so. Conflict of ideas cannot occur unless there is opportunity for a variety of viewpoints to be expressed. Toleration of what may be error is an inescapable condition of the meaningful pursuit of truth. The academic community must be hospitable even to closed minds, and it must welcome the conflict of ideas likely to ensue. Academic responsibility to provide opportunity for expression of diverse points of view generates academic freedom.
B. Faculty:
Faculty members are entitled to full freedom in research and in the publication of results, subject to the adequate performance of their other academic duties. They are also entitled to freedom in lecturing or conducting demonstrations in their subject or field of competence. They are entitled, as any other member of the community in which they live, to establish membership in voluntary groups, to seek or hold public office, to express their opinions as individuals on public questions and to take action in accordance with their views. Cognizant of their responsibilities to their profession and to their institution, faculty accept certain obligations; they should attempt to be accurate, to exercise sound judgment and respect the rights of others to express opinions. They must make clear that their actions, their statements, and their memberships do not necessarily represent the views of the academic community. If there are controls to be exercised over faculty members, they are the controls of personal integrity and the judgment of the colleagues.
C. Students:
Students are entitled to be taught by unfettered teachers and to have access to all information pertinent to their subjects of study. They are entitled to as complete freedom as possible in the selection of their curriculum, teachers, and associates. Moreover, they have a right to intellectual disagreement with their instructors and associates and to question them without fear of recrimination or punishment. They also are entitled to seek the publication of their views, to seek membership in voluntary groups, to seek or hold public office, and to take lawful action in accordance with their views. Students also have the responsibility to make clear that their actions, memberships, and statements do not represent the views of the academic community.
D. Guest Speakers, Movies, and Other Programs:
A college or university by its very nature cannot pay lip service to the
concept of freedom of expression and then deny persons with whom it is in disagreement
the opportunity of giving expression to their views. Furthermore, a policy
that extends the right of freedom of expression to some persons and denies
to the others, places the institution in the position of endorsing the past
records and views of those who are given permission to speak. Therefore, a
speaker, performer, or program may be presented under the sponsorship of any
duly recognized student, faculty, or administrative organization or any individual
officer of instruction. It is not necessary that the point of view presented
be congenial to the campus, members of the staff or student body individually,
or to individual members of the wider community. The speaker must be accorded
the courtesy of an uninterrupted presentation. Except for ceremonial occasions,
speakers must accept as a condition of their appearance the right of their
audience to question or challenge statements made in their address. Questions
must be permitted from the floor unless prevented by physical limitations,
or the size of the audience. The invitation or scheduling of such a program
must represent the desire of the institutional sponsor and not the will of
external individuals or organizations. The sponsor must establish full responsibility
for the program and should help to establish the concept that the point of
view expressed in an address or performance does not necessarily represent
the position of the academic community. Such presentations must at all times
be consistent with the laws of
State Board of Higher Education Policy Manual,
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The Board of Higher Education recognizes the importance of, and encourages, participation by individuals in the political, social, and economic affairs of the community, state, and nation. While the Board respects the deep concern of individual faculty members and students about current events and issues, and the committed desire to participate actively in elections, the Board must emphasize the distinction between involvement of an individual and involvement of an institution. The Board affirms its traditional concern of the well-being of the society, at the same time, the institution must remain outside the political arena. Adjustment of the academic calendar in order to free students, faculty, or other employees to engage in political activity is not consistent with the foregoing affirmation.
This policy does not bar anyone from active independent participation in political campaigns on behalf of candidates of his or her choice or in the advancement of his or her political beliefs or policy concerns outside the institution. In fact, active participation by all Americans in the political process, which is fundamental to the democratic way of life, is encouraged.
The Board does not believe it legitimate or wise for a college or university to make political commitments. Further, institutional participation in political activity, however worthy that activity might be in itself, would raise many legal questions.
The fundamental issue is the corporate involvement of an institution and any action that might involve institutional political unanimity, which would not represent the views of all members of the academic community.
There is a danger that an institution could evolve toward a kind of political orthodoxy, which in certain circumstances might even inhibit and discourage the expression of other opinions.
Any disruption of the normal processes of education at any institution endangers the very heart of our institutions; namely, freedom of inquiry, freedom of thought, and freedom of expression. Every effort must be made to make it as easy to present opposing viewpoints as it is for someone to express his or her views initially. An institution is not a place where anyone expressing a point of view, however much he or she is in minority, can be either silenced or threatened with language or physical actions. The common standards of courtesy that should characterize the academic community must be respected.
While class attendance may be no longer required in some institutions, every student has a right to expect every class for which he or she is registered to be held according to the university or college class schedule. In event of any class disruption or strike, students who choose to attend class must be able to do so without fear of intimidation or injury. Classes will be held in accordance with the academic calendar, and all members of the faculty are obliged to meet assigned teaching responsibilities.
A university or college must always be a place of learning, a place for discussion, a place to hear differing opinions, a place for dissent, but such dissent must be made in a rational, lawful, and peaceful manner. It must be made with due respect for the rights of others. While the Board protects the rights of all those who choose to dissent in peaceful and lawful ways, it must defend, with all the power at its command, the rights of others when any actions by dissenters are clearly disruptive of the work and program of the university or college.
State Board of Higher Education Policy Manual,
SEE ALSO: UND Faculty Handbook VII-4 (North Dakota Century Code 34-11.1-02 [Political Activities], 34-11.1-03 [Membership in organizations], 34-11.1-04 [Violations for misuse reported by employee], 34-11.1-05 [Prohibited acts], 34-11.1-06 [Penalties or threats prohibited])
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8.1 STATE BOARD OF HIGHER EDUCATION REGULATIONS on Academic Freedom and Tenure, Academic Appointments; and UND Procedures Implementing State Board of Higher Education Policy; Reviewed and approved, UND Standing Committee on Faculty Rights, 2006. (Board Policy is in lightface type; UND implementation procedure is printed in boldface type.)
8.1.1 Academic Freedom and Tenure; Academic Appointments
1. General Principles
a. A college or university is a forum for ideas, and it cannot fulfill its purpose of transmitting, evaluating, and extending knowledge if it requires conformity with any orthodoxy of content and method. Academic freedom and tenure are both important in guaranteeing the existence of such a forum. This policy is intended to enable institutions under the authority of the Board to protect academic freedom.
b. The purpose of tenure is to assure academic freedom.
Academic freedom applies to all scholarly pursuits. Freedom in scholarship
is fundamental to the advancement of knowledge and for the protection of the
rights of the faculty members and
students. It carries with it duties and responsibilities correlative with rights.
These duties and rights are set forth in policy 401.1, relating to Academic
Freedom, and the 1940 Statement of Principles on Academic Freedom and Tenure (Rev. 1990),
adopted by the American Association of University Professors and the Association
of American Colleges. These policies apply to all institution faculty unless otherwise indicated.
c. Tenure is awarded by the Board upon recommendation
of the Chancellor, following review and recommendations made pursuant to the
procedures established at the institution and a recommendation by the institution's
president to the Chancellor. A favorable recommendation means that the applicant
meets all of the prerequisites and criteria and the award of tenure is consistent
with the sound fiscal management and academic priorities of the
institution and the system of education under the control of the Board. Tenure
recommendations submitted to the Board shall include a brief summary of the
candidate's qualifications and reasons for the recommendation. Tenure is not
an entitlement, and the granting of tenure requires an affirmative act by the
Board. Tenure is limited to the academic unit or program area in the institution
in which tenure is granted and shall not extend to an administrative or coaching
position.
2. Definitions of terms used in sections 605.1, 605.2, 605.3, and 605.4
a. "Academic Year" means the period, approximately nine months in duration, starting with the beginning of the Fall semester and ending following completion of the Spring semester.
b. "Board" means the North Dakota State Board
of Higher Education. [No implementation required]
c. "Faculty" means all members of the academic
staff, excluding only coaches and administrators in their capacities as coaches
or administrators. [No implementation required]
d. "Receipt" means either actual or constructive
receipt. Constructive receipt means the sending party has taken all reasonable
steps to ensure that the receiving party has received actual notice. [No implementation
required]
3. General Procedures
a. Because of the variety of scope and organizational structure of the institutions under the control of the Board, the faculty governance structure at each institution, in accordance with section 305.1 of these policies, shall recommend procedural regulations to the president to implement policies 605.1, 605.2, 605.3 and 605.4, including:
i. procedures for continuing evaluation of both probationary and tenured faculty members; and
ii. criteria and procedures
by which faculty members are evaluated and recommended for tenure.
b. The criteria for tenure evaluation and continuing evaluation of probationary and tenured faculty shall include scholarship in teaching, contribution to a discipline or profession through research, other scholarly or professional activities, and service to the institution and society. Institutions may adopt additional criteria. The regulations defining these criteria shall be consistent with the nature and mission of the institution.
i. Institutions shall establish various tenure "plans" appropriate to the diverse missions of individual institutions, designed to encourage emphasis on research, scholarship in teaching (including, for example, utilization of technology in teaching and innovative teaching methods), service (including, for example, technology transfer and economic development) and other areas of emphasis. Institution regulations shall include guidelines for determining weight to be given each of the criteria for tenure evaluation and continuing evaluation. The guidelines shall provide for varying emphases on the enumerated criteria based upon the faculty member's plan, the needs of the institution and the background, abilities and interests of the faculty member.
ii. Tenured and probationary faculty contracts shall
identify the faculty member's tenure plan and describe the faculty member's
duties and goals. The contracts shall specify the weight to be given the criteria
for evaluating performance. The contract provisions shall be reviewed and,
when appropriate, revised as a part of the faculty member's periodic evaluations.
c. Eligibility for tenure requires a probationary period
of six years of continuous academic service to the institution, during which
the faculty member is evaluated at least annually according to an evaluation
process designed to foster continuous improvement. The term may be extended
beyond six years or the continuous service requirement may be waived in exceptional
circumstances. Institutions shall establish procedures for granting extensions
or waivers of the continuous service requirement in exceptional circumstances,
which must include maternity or parental leave and appropriate accommodations
for faculty members with disabilities. Institution procedures may define additional
exceptional circumstances including, for example, family emergencies or extended
illness.
d. An institution may, subject to procedural requirements
stated in this policy and sections 605.2, 605.3, and 605.4, decline to renew
the contract of a probationary faculty without cause at any time during the
probationary period.
4. Faculty appointments shall be probationary, tenured
or special.
a. PROBATIONARY APPOINTMENTS
are renewable annually and yield credit toward tenure. The probationary term
is limited to six years of continuous academic service, excluding extensions
to the term or exceptions to the continuous service requirement granted in
exceptional circumstances.
i. An individual with previous
professional experience may, at the discretion of the institution, be given
tenure credit not to exceed three years for this experience, with such credit
to be regarded as academic service to the institution for the purpose of these
regulations. The faculty member shall be informed in writing of this policy
and the institution's decision prior to or at the time of appointment.
ii. Time spent on leave of absence or developmental leave
may be counted, up to a maximum of two years, as academic service for the purposes
of these regulations. The amount shall be determined, and the faculty member
informed in writing, including any applicable conditions, prior to authorization
of the leave.
b. TENURED APPOINTMENTS recognize
a right, subject to Board policy, to continuous academic year employment in
an academic unit or program area as defined by an institution and stated on
the contract. A faculty member shall qualify to be recommended for a tenured
appointment by satisfying the criteria for tenure developed in accordance with
subsection 3 of this policy.
i. The following persons are
not eligible for tenured appointment:
a. Faculty members with a part-time or temporary appointment. However, faculty members who have been awarded part-time tenure as established by previous Board policy and those who accept a part-time appointment after being awarded tenure in a full-time position shall continue to have such tenure recognized.
b. An institution's president.
ii. The Board may, following review and recommendations made pursuant to the procedures established at an institution award tenure in exceptional circumstances, defined by the institution's procedures, to an institution's chief academic officer or to any other person appointed to the faculty who has not met the eligibility requirement of subdivision 3(c) of this policy, provided that the person, at the time tenure is granted, has:
a. held a tenured appointment at another institution,
or
b. been a faculty member at
the institution for at least one prior academic year.
iii. The Board may, following review and recommendation
made pursuant to the procedures established at an institution award tenure
in exceptional circumstances, defined by the institution's procedures, to any
person appointed to the faculty who has not met the eligibility requirements
of subdivisions 3(b) and 3(c) of this policy, provided that the person has
a documented record of outstanding achievement and consistent excellence in
a discipline or profession gained through research, scholarly or professional
activities, or service.
c. SPECIAL APPOINTMENTS do not
involve either tenure credit or status. Special
appointments are all appointments except tenured or probationary appointments,
including:
i. Courtesy adjunct appointments
awarded in accordance with Board policy to professional people who contribute
to the academic or research program of the institution; [No implementation
required]
ii. Visiting appointments for people holding academic
rank at another institution of higher education; [No implementation required]
iii. Appointments of retired faculty members on special
conditions; [No implementation required]
iv. Initial appointments supported wholly or partially
by other than state appropriated funds; [No implementation required]
v. Appointments clearly limited to a brief association
with the institution, as defined by the institution;
vi. Terminal appointments given with notice of non-renewal
to faculty members who were previously on probationary appointment. A terminal
appointment with notice of non-renewal must be given to a faculty member no
later than the end of the sixth year of probationary appointment if the decision
is made to deny tenure; [No implementation required]
vii. Part-time faculty;
viii. Lectureship appointments, which shall be for performance
of specifically assigned academic duties only, without general faculty responsibilities;
ix. Graduate teaching assistant appointments; [No implementation required]
x. Postdoctoral fellowships and clinical appointments;
and
xi. Other faculty appointments, not probationary or tenured,
that are designed to help fulfill the institution's mission or meet long-term
needs. The appointments shall be subject to an agreement describing the faculty
member's duties and goals, criteria and weight assigned each criteria for evaluation. The term of an appointment and agreement,
or renewal thereof, may not exceed three years. The faculty member's performance
and achievement of goals shall be evaluated during the final year of an appointment.
An appointment may be renewed only if the evaluation demonstrates satisfactory
performance.
5. The general terms and conditions of appointment shall be provided the appointee in a written contract. The contract shall state whether the appointment is probationary, tenured or special. The term of a contract, except contracts made pursuant to paragraph 4(c)(xi), shall generally not exceed one year. A multiple-year contract must be subject to termination upon discontinuance of the program in which the faculty member is employed, non-appropriation or loss of funds, or other financial exigency. For faculty on nine- or ten-month contracts covering the traditional academic year (generally, August to May), institutions shall provide notice of renewal contract terms not later than June 1 each year. Faculty must sign and return a contract or other document indicating acceptance of contract terms not later than July 2. Institutions shall establish procedures providing that failure to return a signed contract or other document indicating acceptance of contract terms by July 2 constitutes a resignation resulting in termination of employment, effective July 2, except for good cause shown by the faculty member or unless the institution has granted an extension.
6. The institutional process for evaluation of faculty,
the criteria and minimum expectations for promotion and for tenure, and provisions
concerning required notices, shall be made known to the appointee at the time
of appointment. This disclosure may be accomplished by a published description
of the process, criteria, and expectations in a faculty handbook or similar
document. Such provisions are subject to change according to processes established
for adoption or amendment of Board and institutional policies. Institution
procedures shall provide for annual evaluation of all full-time faculty. The procedures shall include provisions requiring
that evaluations are completed in a timely and appropriate fashion and that
the institution takes appropriate remedial action in response to unsatisfactory
evaluations. Evaluation criteria shall relate to a faculty member's duties
and goals and be appropriately weighted in accordance with the terms of the
faculty member's contract. Evaluations of all teaching faculty must include
significant student input.
State Board of Higher Education Policy Manual,
8.1.2 Standing Committee on Faculty Rights
1. Each institution shall have a Standing Committee on
Faculty Rights consisting of three or five tenured faculty members elected
for staggered terms by the faculty governance structure. The Committee shall
elect its own presiding officer annually and shall hold formal hearings in
accordance with the procedures described in section 605.4 on all matters referred
to it under these policies. The Committee shall judge any allegation of bias
or conflict of interest. In the event
that an individual member is judged
by the Committee to be biased or to have a conflict of interest in a specific
case, the Committee shall replace the member with a substitute member for that
case.
2. Each institution shall adopt procedures concerning
mediation implementing section 605.5 of these policies. Institutions shall pay all mediation costs.
3. Chapter 44-04 of the North Dakota Century Code, relating
to open meetings and records, including
section 44-04-19.2 concerning confidential or closed meetings, applies to Standing
Committees on Faculty Rights. Pursuant to N.D.C.C. § 44-04-20, each committee
chair shall file in the president's office the name, address, and telephone
number of a person who may be contacted to obtain information concerning meetings or to request
notice of meetings. Proceedings concerning the appointment or removal, including
non-renewal, of a faculty member may, pursuant to N.D.C.C. §
State Board of Higher Education Policy Manual,