Victor E. Tiger
Fort Hays State University

FHSU-AAUP Article XV: Tenure

NOTE:  Tenure decisions by the various levels of review are not subject to the grievance procedure contained in Article XVIII. See, Section 6, Procedural Due Process.

1. General Information

The granting of tenure by the Board of Regents is not a right. Tenure will be granted when the faculty member has been shown to have the proper qualifications and when it is in the long-term interest of the university. Department (or unit) criteria for tenure must be developed by the department faculty and be approved by the faculty, the department chair, dean and Provost. The official listing of the department criteria must include the date approved by faculty. University statements, goals and interests, policies of the Kansas Board of Regents, and any applicable accreditation requirements will be considered during the process of defining tenure criteria. All faculty members in tenure track positions should become familiar with the structure of the tenure file that each candidate (probationary years one through six) must prepare and the procedures regarding tenure review that will occur at Fort Hays State University. In addition, Department Chairs should do what is reasonable to assure that new faculty members are familiar with the guidelines, procedures, and schedules of the tenure review process. Faculty should be aware that FHSU-AAUP is available to help them if they encounter difficulties in the tenure process. Faculty should understand that it is better to contact the FHSU-AAUP sooner rather than later if you encounter a problem.

A. Only faculty members in a tenure track position are eligible for tenure.

B. Each faculty member in a tenure track position, with the exception of tenure–track faculty in Forsyth Library (see v. below) will be reviewed for continuation in tenure track in the following sequence:

  1. The first and second years of appointment at the departmental level:
    1. Files for these faculty members are due to the department Chair no later than November 15 of each year.
    2. The tenure process is confined to a review by department committee, Chair and Dean.
    3. The steps involved are outlined in Section 2 (A-E), Tenure Pathway below.
  2. In the third and fourth years at the departmental and college levels:
    1. Files for these faculty members are due to the department Chair no later than August 25 of each year.
    2. The steps involved are outlined in Section 2 (A-I), Tenure Pathway below.
  3. In the fifth and sixth years at the departmental, college, and university levels.
    1. Files for these faculty members are due to the department Chair no later than August 25 of each year.
    2. The steps involved are outlined in Section 2 (A-O), Tenure Pathway below.
  4. Some faculty members may be appointed with one or more years’ credit for prior experience, so that they proceed at a faster pace through the tenure process.
    1. The number of years credited in this manner shall be agreed upon between the faculty member and the appropriate Chair, with review and approval by the appropriate Dean and the Provost.
    2. The agreed upon number of years credited shall be specified in writing as part of the written agreement governing the faculty member’s initial appointment.
    3. Faculty members whose initial conditions of appointment include a specification of a number of years credited toward tenure shall proceed to the appropriate step in the tenure review process. For example, a faculty member whose initial appointment includes a provision of three years credit toward tenure will have a first review according to the procedure for the fourth-year review.
  5. Forsyth Library faculty members in tenure–track positions (must be teaching at least one course) will be reviewed for continuation in tenure track as follows:
    1. In the first and second years of appointment at the library level, deadline for file submission is November 15;
    2. In the third through sixth years at the library and university levels, and the deadline for file submission is August 25.
  6. It should be noted that leave time other than approved scholarly leave is not counted as time for achieving tenure.

2. Tenure Pathway

* Items A, C, E, G, I, K, M and O are actions initiated by the candidate.

A. Candidate applies to Chair*: Years 1-6

  1. The faculty member submits his or her application for tenure in the form of a tenure file to the faculty member’s department chair.
  2. The tenure files must be submitted to the Chair no later than deadline given below in the fall semester of any applicable year in which the applicant is considered for tenure.
    1. Years One and Two: November 15
    2. Years Three, Four, Five and Six: August 25
    3. Deadlines for tenure track librarians are given in 1(B)(v) above.
  3. The chair forwards the applicant's file to the departmental tenure committee.
B. Department Tenure Committee review: Years 1-6

C. Rebuttal and/or hearing with Department Tenure Committee (optional)*: Years 1-6

D. Chair review: Years 1-6

E. Rebuttal and/or hearing with Chair (optional)*: Years 1-6
  1. In years 1 and 2 of the tenure track, this is the final tenure review step
  2. In years 1 and 2, the Dean of the candidate’s college will write a final recommendation to the Provost. Copies will be sent to the candidate, department Chair, and department tenure committee chair.
  3. The candidate may appeal the “final recommendation” to the Provost and President, respectively. The Provost and President should respond to the candidate’s appeal within ten (10) days after the appeal is received. The candidate has three (3) days to submit the appeal to the next level after receiving the previous decision.
  4. The Provost’s office will issue a continuing or terminal contract based on the final recommendation and results of appeal, if any.
F. College Tenure Committee review: Years 3-6
  1. Not applicable to Forsyth Library tenure track faculty
  2. The candidate may not insert additional materials into the file once it leaves the department.
G. Rebuttal and/or hearing with College Tenure Committee (optional)*: Years 3-6
  1. Not applicable to Forsyth Library tenure track faculty
H. Dean’s review: Years 3-6

I. Rebuttal and / or hearing with Dean (optional)* Years 3-6
  1. In years 3 and 4 of the tenure track, this is the final tenure review step.
  2. In years 3 and 4, the Dean of the candidate’s college will write a final recommendation to the Provost. Copies will be sent to the candidate, department Chair, and department tenure committee chair.
  3. The candidate may appeal the “final recommendation” to the Provost and President, respectively. The Provost and President should respond to the candidate’s appeal within ten (10) days after the appeal is received. The candidate has three (3) days to submit the appeal to the next level after receiving the previous decision.
  4. The Provost’s office will issue a continuing or terminal contract based on the final recommendation and results of appeal, if any.
J. University Tenure Committee review: Years 5-6<

K. Rebuttal and/or hearing with University Tenure Committee (optional)*: Years 5-6

L. Provost’s review: Years 5-6

M. Rebuttal and/or hearing with Provost (optional)*: Years 5-6

N. President’s review: Years 5-6

O. Hearing with president (optional)*: Years 5-6

3. Tenure Procedures

A. The candidate for tenure should read and be familiar with all steps of the tenure procedure with special attention given to Section 4, Tenure File Format, Section 2, Tenure Pathway, and the schedules of this section.

  1. All timelines are important, but can be waived by mutual consent or for documented family or medical emergency. Recommendations from reviewers will be hand-delivered to the faculty member and placed in the faculty member’s mailbox at the department or college, whichever is appropriate. If the faculty member is not on campus, and a recommendation or notice is due under this process, the faculty member has the responsibility to inform the chair of the department if and how to get the information to the faculty member.
B. The faculty member submits his or her application for tenure in the form of tenure file (see Section 4, Tenure File Format below) to the Department Chair.
  1. The timelines for tenure file submission are given in Section 2, Tenure Pathway (above.)
  2. The Chair forwards the candidate's file to the department tenure committee.
C. Tenure candidates should note that at each level of review (see Section 2, Tenure Pathway, above) a pattern is followed as described herein. The pattern is essentially as follows:
  1. i. A review of the candidate’s file by the reviewer of committee;
  2. Though initial recommendations are addressed to the next level of review, copies are sent only to candidate and previous reviewers and chairs of previous reviewing committees;
  3. Appeal if desired by tenure candidate;
  4. Rebuttal and/or informal hearing on the candidate’s appeal;
  5. Recommendation by the reviewer placed into the file;
  6. Response by candidate to the reviewer’s recommendation placed in file; and<
  7. Forwarding of the file to next level of review.
D. At each level of the tenure pathway (see Section 2, above) the designated reviewer or committee will review the file and formulate initial recommendations regarding the candidate’s tenure.
  1. If a committee is reviewing the application for tenure, the committee will conduct a vote regarding the candidate’s tenure recommendation and the numeric result of that vote (i.e. 8-0) will be reported in all recommendations made by any committee considering a tenure candidacy.
  2. The candidate may request an appeal hearing of the initial recommendation within 2 days of the date of the initial recommendation from the reviewer.
  3. The initial recommendation is addressed to the next level of review, but is distributed only to the candidate and each level of review or committee that precedes the current review or committee level.
E. Within 3 days of the date candidate’s appeal hearing request, the applicant will receive a hearing by the reviewer or committee. If the candidate does not appeal the initial recommendation during this time period, the initial recommendation will be reissued as the reviewer’s recommendation on the candidate’s application.

F. Following the appeal hearing, the reviewer or committee shall once again consider the file, the information received at the hearing and vote upon the tenure request. The reviewer or committee will formulate and issue the reviewer or committee’s recommendation.

G. If the review is by committee and the committee’s vote is not unanimous, a dissenting opinion may be written and included as part of the committee’s recommendation.

H. The reviewer or committee will place both the initial recommendation and the final recommendation in the candidate’s file and forward the file to the next reviewer or committee in the tenure pathway.

I. The candidate shall have three days from the date of the final review to respond to the final recommendation. Response should be sent to the next level of review with copies sent to all prior reviewers and the candidate’s response should be included in the candidate’s tenure file.

J. The final recommendation, for purposes of reporting in this section and section “K”, below, will be the departmental recommendation in years 1-2 (step “E” in #2, Tenure Pathway), the college recommendation, in years 3-4 (step “I” in #2, Tenure Pathway) and the President’s decision in years 5-6 of the candidate’s consideration (step “Q” in #2, Tenure Pathway.)

K. If the final recommendation, in the third or higher year of a candidate’s tenure track consideration, is negative, the candidate will be removed from the tenure track. The candidate will then be issued a terminal contract for the next academic term. The candidate’s employment with the University will end with the conclusion of the terminal contract, unless dismissed for cause before the conclusion of the terminal contract term.

L. Notice: In general, Fort Hays State University follows this notification procedure for tenure. A probationary appointment carries with it an expectation of renewal. Hence, if the appointment is not to be renewed, the faculty member needs to be informed of this in writing on the following timelines:
  1. Not later than March 1 of the first academic year of FHSU service, if the appointment expires at the end of that year; or, if a one-year appointment terminates during the academic year, at least three months in advance of its termination.
  2. Not later than December 15 of the second academic year of FHSU service, if the appointment expires at the end of that year; or, if an initial two-year appointment terminates during the academic year, at least six months in advance of its termination.
  3. At least twelve months before the expiration of an appointment after two or more years at FHSU.
M. Tenure Committees:

  1. Tenure considerations may flow, at different levels of a candidate’s review, through three different levels of committees; Departmental, College and University.
  2. All committee members shall be familiar with the guidelines of this policy.
  3. Each committee shall make an independent evaluation of the faculty member's file and shall include in all recommendations to the next level of review the procedures and criteria followed and numerical vote of the committee upon the candidates tenure consideration.
  4. Department Tenure Committee:
    1. The Chair in consultation with the faculty and the College Dean shall establish a Department Tenure Committee.
    2. The Department Chair shall determine the size of the committee, and it will be composed of some or all of the tenured faculty members of the department, but will not include the Department Chair.
    3. In a department with few tenured members, the committee may include tenured faculty of other departments, as determined by the Department Chair.
    4. The Department Chair will initially chair the committee to assist in committee organization, however, once organized, the Department Chair will withdraw and the committee shall meet, consider and review as an individual body.
  5. College Tenure Committee:
    1. A college tenure committee shall be established at the college level by the Dean in consultation with the Department Chairs.
    2. The committee shall be composed of tenured faculty members that are not serving on a department or other tenure committee.
    3. The Dean shall determine the size and distributional representation of the committee.
    4. The Dean will initially chair the committee to assist in committee organization, however, once organized, the Dean will withdraw and the committee shall meet, consider and review as an individual body.
  6. University Tenure Committee:
    1. There will be five members on the Committee who will serve two-year terms.
    2. Terms will be staggered so that approximately half of the members will change each year.
    3. Two members will be chosen from the College of Arts and Sciences and one member from each of the other three colleges. It is preferable to have one member from the College of Arts and Sciences in the humanities area and one member from the science and math area.
    4. The Faculty Senate will select the five tenured faculty members that will serve on the University Tenure Committee. These faculty members will normally be selected in the Spring and their service on the committee will be consistent with paragraphs 1-3, above.
    5. The Provost will initially convene the committee to assist in committee organization. However, once organized, the Provost will withdraw and the committee shall meet, consider and review as an individual body. The Provost will have no further contact with the committee, unless pursuant to #9, below.
    6. Committee members shall select a chair who will prepare the recommendations that will be sent to the Provost.
    7. If Committee members feel that a written ballot should be used, the chair will tabulate the results.
    8. All committee members shall be familiar with the guidelines of this policy.
    9. Upon request by the committee, the Provost, Dean and/or the department Chair will attend a hearing of the University Tenure Committee to answer questions pertaining to the candidate and the tenure file.
N. Rebuttal and/or Hearing Procedures
  1. Hearings are designed to provide information, or seek clarification.
  2. Hearings are informal in nature. No motions, appeals or other related items are allowed.
  3. Each reviewer or committee may establish additional rules for hearings as they see fit, although such rules must not conflict with other provisions of the MOA.
  4. The applicant may choose to have an AAUP representative present at the hearing, or the applicant may select any other person to accompany the applicant to the hearing.
  5. Any person accompanying the applicant is present to advise, and no statements or questioning by the advisor are allowed, except as follows. FHSU-AAUP may assist the applicant or speak on the applicant’s behalf regarding procedural due process if requested to do so by the applicant. However, the applicant may be required to provide information or in other ways explain the “problem.”  The scope of assistance provided by FHSU-AAUP with regard to procedural due process shall be limited to the definition adopted by the parties and set out in section 6, below. The Provost or other administrative representative may address any misconceptions or sources of confusion regarding procedural due process. If deemed advisable by the committee, FHSU-AAUP may attend the organizing meeting of the committee in order to address procedural due process.

4. Tenure File Format

A. Tenure files will normally consist of a single three ring binder notebook no more than two (2) inches thick. All publications or creative activities of the candidate need not be submitted as part of the file, but a good representative sample is required. All publications and/or creative activities should be listed in the Vita. In the service category, committee meetings etc. attended could be listed, if the candidate wishes to do so, however, actual meeting announcements should not be included.

B. Exceptions taken to the one notebook limit should be explained in the Department Chair's letter of recommendation.
C. The emphasis should be on quality and not quantity, and although the aesthetic appearance of the tenure file is not paramount, the file represents the candidate and consequently cannot be ignored by those evaluating the candidate's file. This is expected to be a well-organized document that reflects the quality of the candidate’s work and reflective of the candidate’s contributions.

D. The format indicated below shall be utilized in preparation of the candidate's tenure file. In exceptional cases, the candidate, in consultation with the immediate supervisor, may substitute other documentation related to the specific nature of the faculty member’s employment.

  1. A tenure statement by the candidate: This letter should clearly state the candidate's qualifications for tenure and focus attention on the unique strengths and credentials of the candidate.
    1. The candidate should recognize that members of the various committees might not be entirely familiar with the candidate's field. It is to the advantage of the candidate to explain the significance of his/her contributions or accomplishments. A candidate might, for example, comment on the relative importance of an exhibit in a gallery or on the professional reputation of a journal that features her/his work.
    2. The candidate should consider addressing concerns from prior tenure reviews in this statement or add an additional section at the end of the document to address problems and concerns from prior reviews or the current year. A Candidate should show improvement in those areas of expressed concern.
    3. A new statement must be prepared each year that the candidate is considered for tenure review. Old tenure statements will be removed from the file.
  2. List of departmental/unit criteria for tenure, including the date faculty approved the departmental/unit criteria.
  3. The initial recommendation and recommendation of each applicable level of review and the candidate’s response, if applicable.
    1. The Departmental Tenure Committee recommendation;
    2. The Department Chair's recommendation;
    3. The College Tenure Committee's recommendation;
    4. The College Dean’s recommendation;
    5. The University Tenure Committee's recommendation;
    6. The Provost's recommendation;
  4. Statements of responsibilities negotiated between the candidate and the Chair for the years under consideration
  5. Vita
    1. Personal information
    2. Education
    3. Areas of expertise within a discipline
    4. Courses taught:
      1. At FHSU
      2. Other
    5. Date of appointment to the faculty at Fort Hays State University
    6. Prior service at other institutions
    7. Departmental and institutional service-- (see Part D, viii, below)
    8. Scholarly submissions, publications, and papers presented (See Part D, vii, below)
    9. 9. Research grants received
    10. 10. Honors and distinctions
    11. 11. Community service (See Part D, viii, below)
  6. Evidence of Teaching Activities and Excellence
    1. Charts summarizing course information for all on-campus courses taught at FHSU, excluding the summer term. The charts should indicate course level, the number of students enrolled and the grades by distribution (A - 12%, B - 27% etc). Syllabi for two courses of the most recent semester should be included. Candidate should keep copies of all syllabi for courses taught and be prepared to make those available to any level of review that should request to see them.
    2. Evidence of teaching excellence: Student ratings and peer reviews are two important sources of data regarding the candidate's teaching skills. The data inserted in this section of the file will be accumulated from one cycle to another. Items "a" through "c" listed below should be included in the candidate's tenure file.
      1. Student rating summaries for the last three years should be presented in summary form, e.g., bar graphs. Student rating summaries, as well as comparisons across departmental faculty and courses for the last three years along with an explanation of the comparisons, if appropriate, are to be included in the file. Student’s written comments for the last three years, if available, should be typed and included in the file. Any exceptions to this rule must be explained in the Chair’s letter of recommendation. The candidate may include a statement, of explanation regarding the student ratings of a particular class or particular student, if so desired.
      2. Statements from the Chair or colleagues who have systematically reviewed the candidate's classroom materials, e.g., course syllabi, assignments, tests etc. This statement may be contained in a letter of recommendation from colleagues, and hence would be located in section 4(D)(ix) of this file; if so, the candidate should include a statement here referring to the letter.
      3. Description of steps taken by the candidate in order to improve instructional and evaluation techniques generally, and in the candidate’s academic field in particular. Items demonstrating such steps include, but are not limited to; evidence of participation in workshops, seminars, training sessions (local, regional, national, international) pertaining to one's field, to education generally, or to the use of technology in the classroom, etc. If these items are documented elsewhere, the candidates should refer the reviewer to the documentation and briefly explain them in this section.
  7. Examples of scholarly writing/creative activity/research. Only a sampling of scholarly work should be presented; work that exemplifies the candidate at his or her best. The candidate should keep copies of all other such works (listed in the Vita) in one’s office, or available on-line, and be prepared to make them available should any level of review ask to see them<
  8. Documentation of service. Only service documentation for the last year should be presented. Other documentation should be kept in one’s office, or available on-line, and the candidate should be prepared to make them available should any level of review ask to see them.
  9. Colleague letters of evaluation:
    1. Local letters must have been written in the current school year for this particular tenure review cycle, but letters from off campus may be used for more than one cycle.
    2. It is recommended that there should be a minimum of three letters in this section of the file with a maximum of five letters.
    3. The department Chair should explain any exceptions to this requirement in the Chair’s letter of recommendation written for the candidate.
    4. If the candidate wishes to keep older letters in the file, then the letters should be transferred to section 4(D)(x) of the file (Other materials).
    5. There shall be no letters of recommendation in the file that are dated prior to the candidate's employment at FHSU.
      1. Other materials deemed appropriate by the candidate.
5. Stopping the Tenure Clock

A. Beginning with appointment to the rank of full-time instructor or a higher rank, the probationary period should not exceed seven years, including within this period full-time service in all institutions of higher education; but subject to the proviso that when, after a term of probationary service of more than three years in one or more institutions, a teacher is called to another institution it may be agreed in writing that his new appointment is for a probationary period of not more than four years, even though thereby the person’s total probationary period in the academic profession is extended beyond the normal maximum of seven years; except when the interest of both parties may best be served by mutual agreement at the time of initial employment, institutions may agree to allow for more than four years of probationary service at the employing institution provided the probationary period at the institution does not exceed seven years. Notices should be given at least one year prior to the expiration of the probationary period if the teacher is not to be continued in service after the expiration of that period. Under unexpected special and extenuating circumstances, prior to the sixth year of service, and at the request of the faculty member and the appropriate dean, the Chief Academic Officer of the university may grant an extension of the tenure clock for a maximum of one year.

B. If an untenured faculty member becomes a parent through birth, adoptive placement, or adoption of a child under the age of 5 prior to May 1st of the fifth year of the probationary period, that faculty member, upon notification to the institution’s chief academic officer, shall be granted a one-year delay of the tenure review. Notification must occur within 90 days of the birth, adoptive placement, or adoption. Faculty members retain the right to opt out of this suspension procedure.

6. Procedural Due Process

A. All faculty members have a right to due-process regarding terms and conditions of employment, especially in those situations that could lead to the termination of employment. Below is a general description of what is meant by “procedural due-process” in promotion, tenure and merit procedures.

B. In the tenure, promotion and merit procedures, the starting point for a faculty member is the criteria established at the department level and approved by the Dean. The expectations and the criteria are not likely to be the same for all departments. However, the criteria of all departments will reflect the general expectations of the university as well as the specifics of the department and college. The candidate is expected to work toward meeting or surpassing suchcriteria in preparation for tenure and/or promotion (and for merit raises) and the evidence for such must be placed in the candidate’s tenure/promotion file.

C. Procedural due-process also requires strict adherence to the procedures specified in the MOA regarding tenure and promotion (and merit, although the procedure is quite different). The timelines and sequence of events, including the notification schedule, must be followed. The candidate should be able to add items to his or her file at the department level, and nothing should be altered or removed from a candidate’s file without the candidate’s knowledge and consent, unless such action is authorized by the MOA. No individual reviewing the candidate’s file should alter the file in any way, including pencil marks, circling words, highlighting sentences etc.

D. Due-process also includes the following general expectations and considerations, but should any of these items conflict with other specific provisions of the MOA, the more specific provisions would prevail: 1) The various levels of review must use the approved criteria to decide if the candidate has met the standards for tenure, promotion or merit raise; 2) No faculty member or administrator should act as a reviewer at more than one level of review; 3) There should be no hidden or secret criteria used to evaluate the candidate; 4) Normally, no factors beyond the candidate’s control should be utilized during the review process; 5) The decision of the reviewer or committee must be communicated to the candidate in writing, making it clear how the candidate fared regarding the tenure/promotion/merit criteria; 6) The candidate must be allowed to respond, in writing (and in person, if so requested by the candidate) to the evaluation, and the written response by the candidate must be placed in his/her promotion/tenure file in a timely manner; 7) FHSU-AAUP may assist the applicant, by request, regarding procedural due-process, to the extent allowed by the MOA, including provisions contained below.

E. When an FHSU-AAUP representative assists a faculty member in an appeal by speaking regarding procedural due process, such representative is limited to the matters contained in this section. It is inappropriate for FHSU-AAUP to speak on the faculty member’s behalf regarding the fitness of the candidate for tenure or promotion or to otherwise speak on matters outside of procedural due process as defined in this section.

F. Whenever the term “criteria” is used herein, such term refers to the criteria for faculty evaluation either for promotion, tenure, merit, or other purposes. Any such criteria will normally provide standards for evaluation of the faculty member’s performance of the various obligations assigned to that faculty member, which in the normal case, will be 60% teaching, 20% service and 20% research and scholarly activity.

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