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Handbook of Operating Procedures
Chapter 2 - Faculty and Academics
Publication Date: April 29, 2014
Responsible Executive: VP for Academic Affairs


2.13 Termination and Nonreappointment of a Tenured or Tenure-Track Faculty Member


I. POLICY STATEMENT


The University of Texas is committed to recruiting and retaining faculty members who are of the highest quality. Toward that end, faculty members must abide by the standards of conduct as specified in the Board of Regents’ Rules and Regulations (Regents’ Rules) 30103. The termination and nonreappointment of faculty members who do not meet these expectations is addressed in this policy.


II. RATIONALE


The termination of faculty members at UTSA is governed by Regents' Rule 31008, Termination of a Faculty Member and the nonreappointment of faculty members is governed by Regents' Rule 31007, and Regents' Rule 31002. UTSA’s policy regarding termination and reappointment is consistent with these rules.


III. SCOPE


This policy applies to all UTSA tenured and tenure-track faculty.


IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter2/2-13.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


UTSA or UT System Policies or the Board of Regents' Rules and Regulations

  1. Board of Regents’ Rule 30103, Standards of Conduct
  2. Board of Regents’ Rule 31007, Number 2, Section 5, Tenure, Probationary Service
  3. Board of Regents’ Rule 31008, Termination of the Faculty Member
  4. UTSA Handbook of Operating Procedures (HOP) policy 2.02, Faculty Appointments and Titles
  5. UTSA HOP policy 2.10, Faculty Reappointment, Tenure, and Promotion
  6. UTSA HOP policy 2.23, Professional Expectations for Faculty
  7. UTSA HOP policy 2.36, Procedures for Review of Nonreappointment of a Nontenured Tenure-Track Faculty Member

Other Policies & Standards

  1. Texas Education Code Section 51.942, Performance Evaluation of Tenured Faculty
  2. Texas Education Code Section 51.943, Renewal of Faculty Employment Contracts

VI. CONTACTS


If you have any questions about HOP policy 2.13,Termination and Nonreappointment of a Faculty Member, contact the following office:

The Office of the Vice Provost for Academic and Faculty Support
210-458-2898


VII. DEFINITIONS


Tenure: A status of continuing appointment as a member of the faculty at UTSA.

Tenure Titles: Except for the titles Regental Professor and Regents’ Research Scholar, the only titles to be used henceforth in which faculty members may hold tenure are as follows: (a) Professor and (b) Associate Professor. 

Tenure-Track Faculty (Untenured): A faculty position associated with a probationary appointment which can lead to tenure but which has not yet been granted tenure. Specific tenure-track titles are contained in HOP policy 2.02. Examples include Assistant Professor, Instructor, and Associate Professor hired without tenure.


VIII. RESPONSIBILITIES


None


IX. PROCEDURES


  1. Termination of a Tenured Faculty Member
    1. Termination of the employment of a UTSA faculty member who has been granted tenure before the expiration of the stated period of appointment except for resignation or retirement will be only for good cause shown. Exceptions for all other faculty members who hold an academic title as specified in HOP policy 2.02.IXAI are provided in Regents’ Rule 31007, Number 2, Section 5: “Probationary Service) and the Texas Education Code Section 51.943: “Renewal of Faculty Employment Contracts”. In each case, the issue of good cause will be determined by the procedures provided in Regents’ Rule 31008 “Termination of a Faculty Member.”
    2. A tenured faculty member who is recommended for termination on the basis of periodic evaluation (Regents’ Rule 31008 (“Termination of a Faculty Member”), Number 2, Section 2 and HOP policy 2.22 (“Comprehensive Periodic Evaluation of Tenured Faculty”) must be given the opportunity for referral of the matter to non-binding alternative dispute resolution, as required by Texas Education Code Section 51.942 and in compliance with applicable policies and procedures for alternative dispute resolution within UT System prior to referral of the charges to a hearing tribunal.
    3. If charges are made against a faculty member and the President of UTSA determines that the nature of the charges and the evidence are such that it is in the best interest of the institution to do so, the accused faculty member may be suspended with pay pending the completion of the hearing and the final decision by the Board of Regents.
  2. Notice of Nonrenewal to Nontenured Faculty Members
    1. In the event of decision not to reappoint a nontenured faculty member in an academic rank specified in HOP 2.02.A, “Tenure and Tenure Track Academic Titles,” written notice will be given to him or her not later than March 1 of the first academic year of probationary service if the appointment expires at the end of that academic year, or not later than December 15 of the second academic year of probationary service if the appointment expires at the end of that academic year. After two or more academic years, written notice shall be given not later than 30 days prior to the end of the then current academic year that the subsequent year will be the terminal academic year of appointment and a Memorandum of Appointment shall be provided to such faculty member in accordance with Texas Education Code Section 51.943. The notice required by this Subsection is not applicable where termination of employment is for good cause under Rule 31008, Number 2, Section 1 of the Regents’ Rules.
    2. Faculty members must provide their current mailing address to the President of UTSA or his or her delegate. The written notice required by this policy shall be sent by certified mail, return receipt requested, to the last address given by the faculty member.
    3. Fulltime faculty members who are notified in accordance with these provisions that they will not be reappointed shall not be entitled to a statement of the reasons upon which the decision for such action is based. Such a decision shall only be subject to review pursuant to the procedures provided in Regents’ Rule 31008 (“Termination of the Faculty Member”), Number 2, Section 6 and HOP 2.36 (Procedures for Review of Nonreappointment of a Nontenured Tenure-Track Faculty Member).
    4. No person shall be deemed to have been reappointed or to have been awarded tenure because written notice is not received by the time prescribed as per Regents’ Rules, this policy, and HOP policy 2.10, Faculty Reappointment, Tenure, and Promotion.. No nontenured member of the faculty shall expect continued employment beyond the period of his or her current appointment. Should it occur that notice is not received by the time prescribed in these policies, it is the duty of the faculty member to inquire about the decision of the President, who shall without delay give the required notice to the faculty member. If a  non-tenured tenure track faculty member is not reappointed as a tenure track faculty member, reappointment of the faculty member in a non-tenure track position may be accomplished only as described in HOP 2.28 (Appointing Former Tenure Track Faculty Members to non-tenure Track Faculty Positions).


X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


None


XII. APPENDIX


None