Common use of Promotion and Tenure Appeals Clause in Contracts

Promotion and Tenure Appeals. T13.14.1 A candidate may appeal a University Promotion and Tenure Committee recommendation on the grounds that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the applicable criteria included in the Promotion and Tenure File, or (c) the outcome was arbitrary, discriminatory or capricious. The Candidate has at least five (5) working days after receiving written notification (Section T13.13.11.2) of the decision and vote of the University Promotion and Tenure Committee to notify in writing both the Xxxxxxx and the AAUP-WSU Grievance Officer of her or his intent to file an appeal. The actual deadline in a given year is set forth in Appendix D (TET). The appeal and all supporting documentation must be submitted to the Xxxxxxx and the AAUP-WSU Grievance Officer by the deadline set forth in Appendix D (TET), which is at least fifteen (15) working days after the candidate receives written notification of the decision and vote of the University Promotion and Tenure Committee. T13.14.2 Upon receiving a written notification of the intent to file an appeal from one or more Bargaining Unit Faculty Members, the AAUP-WSU and the University shall form a Promotion and Tenure Appeals Committee consisting of three tenured Bargaining Unit Faculty Members selected by the AAUP-WSU and three department chairs, assistant deans, or associate deans who are also tenured faculty selected by the University. In addition, the AAUP-WSU and the University will each appoint two alternate members to the Committee. Each of the members, including the alternates, selected by the AAUP-WSU must be from different colleges. Likewise each of the members, including the alternates, selected by the University must be from different colleges. The Committee will be formed within ten (10) working days after notice of intent to file an appeal is received (see Section T13. 14.1). All meetings of the Promotion and Tenure Appeals Committee will include exactly six voting members: three Bargaining Unit Faculty appointed by the AAUP-WSU and three faculty (department chairs, assistant or associate deans) appointed by the University. Any members of the Committee who have previously voted on or written a letter for the case under appeal or are from the appellant’s college shall recuse themselves. T13.14.3 The Promotion and Tenure Appeals Committee shall have Co-Chairs. One Co-Chair must be elected by the Bargaining Unit Faculty appointed by the AAUP-WSU, and one Co-Chair must be elected by the faculty members appointed by the University. A single chair may be elected by both constituencies.

Promotion and Tenure Appeals. T13.14.1 13.14.1 A candidate may appeal a University Promotion and Tenure Committee recommendation on the grounds that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the applicable criteria included in the Promotion and Tenure File, or (c) the outcome was arbitrary, discriminatory or capricious. The Candidate has at least five (5) working days after receiving written notification (Section T13.13.11.213.13.11.2) of the decision and vote of the University Promotion and Tenure Committee to notify in writing both the Xxxxxxx and the AAUP-WSU Grievance and Contract Administration Officer of her or his intent to file an appeal. The actual deadline in a given year is set forth in Appendix D (TET). D. The appeal and all supporting documentation must be submitted to the Xxxxxxx and the AAUP-WSU Grievance and Contract Administration Officer by the deadline date set forth in Appendix D (TET)D, which is at least fifteen (15) working days after the candidate receives written notification of the decision and vote of the University Promotion and Tenure Committee. T13.14.2 13.14.2 Upon receiving a written notification of the intent to file an appeal from one or more Bargaining Unit Faculty Members, the AAUP-WSU and the University shall form a Promotion and Tenure Appeals Committee consisting of three tenured Bargaining Unit Faculty Members selected by the AAUP-WSU and three department chairs, assistant deans, or associate deans who are also tenured faculty selected by the University. In addition, the AAUP-WSU and the University will each appoint two alternate members to the Committee. Each of the members, including the alternates, selected by the AAUP-WSU must be from different colleges. Likewise each of the members, including the alternates, selected by the University must be from different colleges. The Committee will be formed within ten (10) working days after notice of intent to file an appeal is received (see Section T1313.14. 14.11). All meetings of the Promotion and Tenure Appeals Committee will include exactly six voting members: three Bargaining Unit Faculty appointed by the AAUP-WSU and three faculty (department chairs, assistant or associate deans) appointed by the University. Any members of the Committee who have previously voted on or written a letter for the case under appeal or are from the appellant’s college shall recuse themselves. T13.14.3 13.14.3 The Promotion and Tenure Appeals Committee shall have Co-Chairs. One Co-Chair must be elected by the Bargaining Unit Faculty appointed by the AAUP-WSU, and one Co-Chair must be elected by the faculty members appointed by the University. A single chair may be elected by both constituencies. 13.14.4 Procedures of the Promotion and Tenure Appeals Committee. 13.14.4.1 If at least three members of the Committee agree, the Committee may request that the appellant or other persons with knowledge of the case appear before the Committee or respond to the Committee’s questions in writing. 13.14.4.2 Following the review of materials and testimony relevant to a given case, the Committee will determine if any of the criteria (a), (b), (c) listed in 13.14.1 appear to be substantiated. The Committee will then send to the President a report stating its findings (as to whether or not any criteria listed in 13.14.1 appear to be substantiated), the basis for its findings, and its recommendations. 13.14.4.3 Recommendations of the Committee require a majority vote, but minority opinions must be represented in the final report if the minority so desires. All voting will be by secret ballot. 13.14.5 If the Committee is not able to reach a consensus, members of the Committee may write dissenting opinions, which shall be attached to the majority opinion. If the six-person Committee is divided three to three, then both groups will file a report. The Committee will make a good faith effort to issue its written report no later than thirty (30) working days after the appellant submits the appeal and all supporting documentation to the Xxxxxxx and the AAUP-WSU Grievance and Contract Administration Officer. The Committee will send its report to the President of the University, with copies to the appellant and AAUP-WSU. 13.14.6 Upon receiving the Committee’s report, the candidate has five working days to submit a letter of appeal to the University President. 13.14.7 Within twenty (20) working days after receiving the recommendations from the Appeals Committee, the President will notify the candidate in writing, with a copy to AAUP-WSU, that (a) the recommendation of the University Promotion and Tenure Committee is being upheld, (b) that Committee’s recommendation is being overturned, and the case being presented to the Board of Trustees for approval, or (c) that the case is being remanded in a specified way for further consideration. 13.14.8 If the Board of Trustees approves a promotion or grant of tenure based in whole or in part on a Promotion and Tenure Appeals Committee recommendation, the promotion and/or tenure shall be made retroactive to the normal promotion date for candidates from that department.