FHSU-AAUP Article XX: Chronic Low Performance

1. Continued failure of a tenured faculty member to perform the faculty member's professional duties as defined in department evaluation criteria and / or failure of the faculty member to accept and implement opportunities for improvement of the deficiencies will constitute evidence of "chronic low performance" and warrant consideration of "dismissal for cause" under University policies.
2. Each department and / or program will develop, with faculty input, a set of guidelines describing the minimum acceptable level of productivity for all applicable areas of faculty responsibility as well as procedures to handle alleged cases of chronic low performance as defined by the criteria. It is also clearly understood that faculty renewal, development, and improvement are personal responsibilities of good academic citizenship and are of critical importance to the University in its pursuit of excellence.
1. Each college will develop procedures for approval of departmental guidelines and implementation of the chronic low performance policy. Both department/program and college criteria must be forwarded to the Provost for final endorsement.
2. Faculty members also have a personal responsibility to maintain or improve performance and are encouraged to participate in professional development activities.
3. Each department / program will develop means of providing feedback to the individual so that he or she can maintain high levels of performance.
4. If requested by the faculty member, the departmental / program faculty will be involved in the decision leading to the identification of an individual as falling below a minimally acceptable level.
5. When a tenured unit faculty member's overall performance falls below the minimum acceptable level, as indicated by the annual faculty member’s evaluation, the department Chair shall indicate so on the evaluation form and in writing to the faculty member.
6. The department Chair or program director, after meeting with the Dean of the college, will consult with the individual about development and / or improvement activities and will also indicate in writing a suggested course of action to improve the performance of the faculty member. The chair or program director will assist the faculty member in travel funding requests, for example, if needed.
7. In subsequent annual evaluations the faculty member will be required to report on activities aimed at improving performance and provide a listing of improvement initiatives, efforts and results.
3. The names of faculty members who fail to meet minimum standards for the year following the department Chair's suggested course of action will be forwarded to the appropriate Dean.
1. a. If the faculty member has two successive or a total of three evaluations in any five-year period in which minimum standards are not met, then "dismissal for cause" will occur subject to the results of appeal, if any.
2. The status of "chronic low performance" may be appealed, using the grievance process outlined in this contract.
4. A finding of chronic low performance must not abuse academic freedom or be used as a cover for discriminatory, unfair, arbitrary, or capricious dismissal.

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