III. General Policies and Procedures Governing Faculty Contracts

(Adopted October 19, 1962, and amended subsequently)

A. Preamble and General Policy

In all matters affecting academic freedom, intellectual responsibility, and tenure the University adopts the principles set forth in the 1940 AAUP Statement of Principles of Academic Freedom and Tenure, except as specifically modified in the sections below.

In order (a) to assure practical implementation of their commitment to the above guiding principles governing academic freedom, tenure, and responsibility already adopted, (b) to provide an atmosphere of academic integrity and mutual confidence among Faculty and Trustees, (c) to establish conditions of stable employment which will make possible the attraction and retention of able faculty personnel who will provide instructional services of high quality, and (d) otherwise to effectuate the command of the Charter, granted in 1842, that “the University shall forever be conducted on the most liberal principles, accessible to all religious denominations and designed for the benefit of our citizens in general,” the Trustees of Ohio Wesleyan University do adopt and declare to be a condition and integral part of their contractual agreement with every member of the Faculty the following policies and procedures governing faculty appointment, reappointment, tenure, salary increases, promotion and dismissal.

B. Kinds of Positions

Each faculty position to which a remunerated appointment is to be made shall be of one of two kinds, tenuretrack or term. A tenuretrack position is one which has a tenured occupant or, lacking such, about which a determination has been made that circumstances point to the continuing need for the position. A term position is one which has been approved for a specifically limited time, normally one to three years.

Positions are classified as tenuretrack or term by the President in consultation with established faculty governance processes (See Handbook, Section IV).

C. Kinds of Appointments

Remunerated appointments to the Faculty of the University shall conform to the categories described in this section. The definition of ‘fulltime’ is implicit in other policies in the Handbook, including those on teaching load. Fringe benefits for fulltime faculty are described elsewhere in the Handbook; contrasting policies for part-time faculty are included in this section.

1. Full-time

1. Regular Appointments
   
   A regular appointment is made to a tenuretrack position. A regular appointment includes a University commitment for a probationary period of service leading to permanent tenure on the teaching faculty unless the appointment is terminated by the appointee or by action of the University as hereinafter provided. Persons on a full-time regular appointment will be issued an initial contract that is subject to renewal after two years of service. Subsequent contracts are issued annually. Reappointment will be preceded by an evaluation by the Faculty Personnel Committee.

2. Temporary Appointments
   
   A temporary appointment is made to a term position. It is renewable only to the expiration date of the position approval and in no case is renewable as a temporary appointment beyond the individual’s seventh year of fulltime faculty service at the University. Renewal of appointment will be preceded by an evaluation by the Faculty Personnel Committee.

   A temporary appointment may also be made to a tenuretrack position in cases where the appointee serves as a leave replacement, or when time has not permitted a full search to be conducted or the search has not yielded a suitable regular appointee. In latter kinds of cases, a new search will be conducted the next year, in which search the temporary appointee may compete.

   A faculty member shall be regarded as on a temporary appointment when he or she is in a terminal period following notification of nonrenewal of appointment or denial of tenure.

   Temporary appointments do not carry tenure status.

2. Part-Time¹

1. General
   
   A part-time faculty member is a person who, in the judgment of the Provost, carries less than a normal faculty teaching load and whose total faculty responsibilities are partial rather than full. Part-time appointments are subject to the approval of the department and the Provost.

2. Part-Time Appointments
   
   Part-time faculty members are not tenurable and they are not eligible for promotion except to the levels of Lecturer and Senior Lecturer as specified below. All initial part-time appointments will be made to Part-Time Instructorships.
    

3. Establishment of Need for Part-Time Faculty
   
   Before any part-time faculty can be appointed to teach, the department(s) or program(s) seeking faculty for part-time teaching must have submitted to the Provost and received approval of a statement of need for part-time support for the semester or term the appointment would cover.
    

4. Terms of Part-Time Appointments

   1. ​Instructors

      1. Appointment
         
         The initial appointment of a Part-Time Instructor by the Provost will be for the duration of a semester. Additional semester appointments may follow.
          

      2. Compensation
         
         Part-Time Instructors are paid per unit (course) pursuant to a salary scale to be established and approved on an annual basis by the provost in consultation with the Faculty Personnel Committee. Part-Time Instructors are eligible for prorated professional development funds after having completed the teaching of eight course units. In addition, Part-time Instructors may be eligible for other benefits as determined by the Provost and the Director of Human Resources.
          

      3. Evaluation
         
         In their second year of teaching, Part-Time Instructors will be reviewed by the home department(s) or program(s) on the basis of the quality of their teaching only. Part-time Instructors are assumed to have only teaching duties (i.e., no advising, committee service, or other obligations). A summary of the review process and findings will be filed and maintained in the Provost’s office. Departmental reviews will be repeated at two-year intervals for each Part-Time Instructor, and reports of each review will be filed in the Provost’s office. The schedule for review may be adjusted only by departmental application to the Faculty Personnel Committee. Part-Time Instructors must evaluate every class they teach.
          

      4. Promotion
         
         In the sixth year and after completion of twelve regular units of teaching, Part-Time Instructors, with the support and recommendation of the department(s) or program(s) in which the part-time instructor has taught, and upon conclusion of a favorable departmental review as described in c) above, may apply to the Faculty Personnel Committee for a promotion to Lecturer by submitting a teaching dossier. Such application will be considered only if the relevant department(s) or program (s) has submitted a statement of need for continued part-time support covering the term for which appointment is sought. Candidates for promotion to Lecturer will be evaluated by the Faculty Personnel Committee on the basis of their teaching, and, if promotion is recommended by the Committee and approved by the Provost, the candidates will be granted Lecturer status. If promotion is not granted, Part-Time Instructors may, with the support and approval of the department(s) or program(s) needing part-time support, continue to receive semester appointments and may seek promotion to Lecturer after their next departmental review.
          

   2. Lecturers

      1. ​Appointment
         
         If promotion to Lecturer is granted, the Lecturer will have assignment priority over Part-Time Instructors and can expect, contingent upon need for part-time faculty, as explained in (f) below, a minimum of two units of teaching per year for a two-year term. Assignments will take into consideration seniority within level, with preference given to those with higher seniority. During the second year of the initial two-year appointment as Lecturer, the faculty member may, with the support and recommendation of the department(s) or program(s) in which the Lecturer has taught, apply for a four-year term to the Faculty Personnel Committee. After that time, Lecturers may apply for renewal of their terms every four years. Renewal applications must be accompanied by a letter of support from the department(s) or program(s) which has submitted and had approved by the Provost a statement of need for continued part-time support covering said term. If the statement of need is not approved, Lecturers will be eligible to continue to teach on a semester-by-semester basis as Lecturers; they may re-apply for a four-year term at the end of the second year following the non-approval. If the statement of need is approved and renewal of the four-year term is not granted, Lecturers will be eligible to teach on a semester-by-semester basis as Part-Time Instructors. They may re-apply for promotion to Lecturer during the second year following non-renewal using the procedure specified in 1d.
          

      2. Compensation
         
         At the time of promotion, Lecturers can expect an increase in their base salary. Lecturers are paid per unit (course) pursuant to a salary scale to be established and approved on an annual basis by the Provost in consultation with the Faculty Personnel Committee. They are eligible for merit increases every two years (see 2d below). 
          
         Professional development benefits will continue, and Lecturers will receive prorated tuition remission benefits at Ohio Wesleyan. In addition, Lecturers may be eligible for other benefits as determined by the Provost and the Director of Human Resources.
          

      3. Continuity and Requests for Leave
         
         In order to maintain their status and terms as a Lecturer, Lecturers are expected to accept the teaching of at least two courses per academic year with the following exceptions: 1) The Lecturer was not offered two courses during any given semester due to a lack of need (see f below) or 2) The lecturer has been granted a professional leave of absence. Requests for such leave may occur once every four years and the leave would be unpaid. The maximum duration of professional leaves is two semesters. Professional leaves of absence will be approved by the Provost in consultation with the Faculty Personnel Committee if supported by the departments) or program(s). Time spent on professional leave would not be counted toward the evaluation period specified in 2d.
          

      4. Evaluation
         
         The Faculty Personnel Committee will review Lecturers for a merit-based salary increase every two years based on the quality of their teaching responsibilities, which may include student advising. A discretionary review of a Lecturer may be initiated by the department or the Faculty Personnel Committee at any time; unfavorable review could result in loss of Lecturer status. Lecturers must evaluate every class they teach.
          

      5. Promotion
         
         During the sixth year as Lecturer and upon completion of twelve regular units of teaching at the level of Lecturer, again with the support and recommendation of the department(s) or program(s) in which the part-time instructor has taught, and upon conclusion of a favorable departmental review as described in c) above. Lecturers may apply to the Faculty Personnel Committee for a promotion to Senior Lecturer by submitting a teaching dossier. Such application will be considered only if the relevant department(s) or program(s) has submitted and had approved by the Provost a statement of need for continued part-time support covering the term for which appointment is sought. Candidates for promotion to Senior Lecturer will be evaluated by the Faculty Personnel Committee on the basis of their teaching, and, if promotion is recommended by the Committee and approved by the Provost, the candidates will be granted Senior Lecturer status.
          

   3. Senior Lecturers

      1. ​​​Appointment
         
         If promotion to Senior Lecturer is granted, the Senior Lecturer will have assignment priority over Part-Time Instructors and Lecturers and can expect, contingent upon need for part-time faculty, as explained in g. below, a minimum of two units of teaching per year for a four-year term. Assignments will take into consideration seniority within level, with preference given to those with higher seniority. Senior Lecturers may apply for renewal of their Senior Lecturer designation every fourth year. Application for renewal must be accompanied by a letter of support from the department(s) or program(s) in which the part-time instructor has taught and the department(s) or program(s) must have submitted a statement of need for continued part-time support covering said term. If the statement of need is not approved, Senior Lecturers will be eligible to continue to teach on a semester-by-semester basis as Senior Lecturers; they may re-apply for a four-year term at the end of the second year following the non-approval. If the statement of need is approved and renewal of the four-year term is not granted, Senior Lecturers will be eligible to teach on a semester-by-semester basis as Part-Time Instructors. They may re-apply for promotion to Lecturer during the second year following non-renewal using the procedure specified in 1d.        
          

      2. Compensation
         
         At the time of promotion, Senior Lecturers can expect an increase in their base salary. Senior Lecturers are paid per unit (course) pursuant to a salary scale to be established and approved on an annual basis by the provost in consultation with the Faculty Personnel Committee. They are eligible for merit increases every two years (see 3d. below).
          
         Professional development benefits will continue, as will pro-rated tuition remission benefits at OWU. Senior Lecturers will be eligible to receive a paid one-semester leave upon the completion of 36 units of teaching at that rank. In addition, Senior Lecturers may be eligible for other benefits as determined by the Provost and the Director of Human Resources. Senior Lecturers will be eligible to apply for all internal grants for which regular full-time faculty are eligible.
          

      3. Continuity and Requests for Leave
         
         In order to maintain their status and terms as Senior Lecturers, Senior Lecturers are expected to accept the teaching of at least two courses per academic year with the following exceptions: 1) The Senior Lecturer was not offered two courses during any given semester due to a lack of need (see f below) or 2) The Senior Lecturer has been granted a professional leave of absence. Requests for such leave may occur once every four years and the leave would be unpaid. The maximum duration of professional leaves is two semesters. Professional leaves of absence will be approved by the Provost in consultation with the Faculty Personnel Committee if supported by the department(s) or program(s). Time spent on professional leave or paid leave would not be counted toward the evaluation period specified in 2d.
          

      4. Evaluation
         
         The Faculty Personnel Committee will review Senior Lecturers for a merit-based salary increase every two years based on the quality of their teaching responsibilities, which may include student advising. A discretionary review of a Senior Lecturer may be initiated by the department or the Faculty Personnel Committee at any time. Senior Lecturers must evaluate a minimum of one class per semester in any semester in which they are teaching.
          

5. Appeal Procedures for Part-Time Faculty
   
   ​Part-time Instructors, Lecturers, and Senior Lecturers seeking review of a nonrenewal decision by the Faculty Personnel Committee must submit a letter seeking review of the nonrenewal to the provost within 30 days of non-renewal. The decision of the provost will be final.
    

6. Approval of Appointments and Promotions
   
   ​All appointments and promotions of part-time faculty must be approved by the Provost. 
    

7. Course Assignments Contingent upon Need
   
   While the University will attempt to hire and promote the number of part-time faculty that will, to the extent possible, allow for faculty members to teach two courses per year, the number of courses assigned to specific individual Part-Time Instructors, Lecturers, and Senior Lecturers is contingent upon the availability of a sufficient number of courses to be taught by part-time faculty allocated to a department by the Provost. In the event that circumstances such as staffing changes, enrollment changes, programmatic changes or budgetary constraints reduce the number of courses available for staffing by part-time faculty, as determined by and at the discretion of the provost, courses will be assigned to part-time faculty on the basis of need and expertise, taking into consideration current level and seniority within level.
    

3. Annual Contract Period

The period of employment under a fulltime faculty contract shall be for the 12month period beginning one week prior to the first day of classes, fall semester, during which the individual shall receive salary, fringe benefits, and the other perquisites of a faculty appointment. The salary and benefits in this contract will cover the duties associated with the position performed during the portion of the employment period which precedes Commencement and is known as the “academic year.” Separate subsidiary contracts will be issued for duties performed outside the academic year, such as summer session teaching. Such contracts will not include fringe benefits, unless such benefits are funded by outside sources.

D. Contract Terms

The precise terms and conditions as to kind of appointment, rank, dates of beginning and close of period covered by the appointment, number of years remaining in probationary period in case of regular appointment, salary, insurance coverage, and pension rights and payments, shall be stated in writing and be in possession of both the University and the appointee before an appointment to the teaching faculty is consummated.  

E. Rank and Salary of Initial Appointment

Initial appointment to the teaching faculty of Ohio Wesleyan shall be at a rank and salary commensurate with the individual’s training in terms of degree or equivalents and the extent of experience in terms of the number of years of successful college teaching or its equivalent. The salary of initial appointment at each rank shall be within a narrow range, established by the Provost in consultation with the Faculty Personnel Committee and reported to all faculty.

F. Probationary Period

A faculty member on a regular fulltime appointment shall serve for no longer than a stated period before any further fulltime appointment shall be with tenure. This period, called the individual’s maximum probationary period, will as a general rule be six years. In no case will it exceed six (6); normally it will not be shorter than four. The period may be less than six (6) when in the judgment of the Provost, in consultation with the Faculty Personnel Committee, it is desirable to credit some years of prior fulltime collegelevel teaching or other professional experience at another institution. In addition, prior fulltime faculty service in a temporary position at Ohio Wesleyan will be credited. An individual’s maximum probationary period will be stated in the contract of employment.

G. Nonrenewal of Appointment of Persons Enjoying Regular and Temporary Non-tenure Appointments

Nonrenewal of a regular or temporary nontenure appointment to the teaching faculty may occur at the close of any contract period. Such nonrenewal occurs when the individual’s work is not of sufficient quality.

Written notice that a nontenure appointment is not to be renewed will be given to the faculty member as follows: (1) not later than March 1 of the first academic year of service if the appointment expires at the end of that year; or, if a oneyear appointment is not renewed during an academic year, at least three months in advance of its expiration; (2) not later than December 15 of the second academic year of service, if the appointment expires at the end of that year; or, if an initial twoyear appointment expires during the academic year, at least six months in advance of its expiration; (3) not later than Commencement before the expiration of an appointment after two or more years in the institution.

After completion of two years of service, nonrenewal of a regular non-tenure appointment to the teaching faculty will be accompanied by the offer of a one-year temporary appointment in the year following notification of nonrenewal. This period of employment is known as the terminal period as described in Section C.1.b.
 

H. Appeals Procedure in Nonrenewal of Regular or Temporary Appointments for Performance Reasons

The procedures in this section are applicable to cases in which the appointments of fulltime nontenured faculty members are not renewed (including not granting tenure) for reasons related to the quality of the individual’s work. They are not applicable when termination is based on a decision that the position occupied by the individual does not warrant continued support. 

1. Fulltime faculty members shall have access to the following processes in appealing decisions not to renew regular or temporary appointments (including decisions not to grant tenure). All references to periods of time shall be calculated, unless the context clearly indicates otherwise, as “insession” time. Insession days are those from the first day of classes through the last day of the final examination period of the regular academic terms, including weekends. Vacation days (fall and spring breaks, the summer period) are not counted. In this appeals procedure, the “Faculty Personnel Committee” is defined as the Committee that made the initial nonrenewal decision.

2. The first step in an appeal is for the complainant to speak with the Provost about the grounds for the negative renewal decision, following which the Provost will, if requested, provide the complainant with a statement in writing. It is understood that the specificity of this statement will in general be limited by (a) the fact that in the last analysis the institution took the action it did because it lacked sufficient reasons for a positive decision, and (b) the fact that the decision in question may have been the shared responsibility of several persons who, while agreeing on the decision itself (perhaps by majority vote), did not necessarily agree on reasons.

3. The second step is for the complainant to notify the Provost in writing that he or she wants the Faculty Personnel Committee to review the decision.  Such a request must be made no later than end of the 14th day of the next regular academic session following the one in which the notice of nonrenewal was received. The burden of proof as to grounds and supportive data for reversing the initial decision shall rest with the complainant. The Faculty Personnel Committee shall conduct such a review, and the Provost shall convey the President’s disposition of the results in writing to the complainant, within 14 days of receipt by the Faculty Personnel Committee of the complainant’s request for review.

4. The third step is open to the complainant should the results in 3 above be unsatisfactory to him or her. In such case, the complainant will inform the Provost in writing within three days of receiving the word of the results that he or she wishes to appeal to the Faculty Reappointment Appeals Committee. The request shall include a detailed statement of the complainant’s reasons for appealing, and an explicit waiver by the complainant of any right to nondisclosure of the grounds for the decision. It is intended that the disclosure be restricted to the members of the Faculty Reappointment Appeals Committee. Upon receipt of such a request, the Provost shall convene the Faculty Reappointment Appeals Committee within seven days.

5. Upon being convened by the Provost, the members of the Faculty Reappointment Appeals Committee shall, for each individual case, determine whether any member wishes to remove himself or herself from further participation because he or she feels disqualified because of bias or interest. Any vacancies so created will be filled by lot from among the alternate members elected to the Faculty Reappointment Appeals Committee. Such alternates shall be standing by at the time the Faculty Reappointment Appeals Committee is convened for possible selection. A replacement will serve for that case only (unless independently selected later for another specific case). Should the chairperson of the Faculty Reappointment Appeals Committee disqualify himself or herself, an acting chairperson shall be elected from among the nonalternate members for the case at hand.

6. The Faculty Reappointment Appeals Committee as constituted for the case at hand shall proceed as follows:

   1. At the initial session, the Provost shall provide a copy of the grounds for nonreappointment, as earlier provided to the complainant, and of the complainant’s request for appeal (4 above).

   2. The chairperson shall invite the complainant to meet with the Faculty Reappointment Appeals Committee within seven days of the initial session in 5 above for the purpose of assuring the Committee’s understanding of the nature of the grievance as previously defined in writing.

   3. If the complaint is directed at the recommendation of the Faculty Personnel Committee, the chairperson shall within 10 days of the initial session above submit the complainant’s statement, with any clarifying information obtained in 6 above, to the Faculty Personnel Committee which shall, within seven days, provide the Faculty Reappointment Appeals Committee with (a) a written response to the statement, (b) a written statement of the procedures followed and the persons consulted in reaching the decision, and (c) access to all documents employed by the Faculty Personnel Committee as a whole in its deliberations leading to the disputed recommendation. If the complaint is directed at the President’s disposition of the recommendation of the Faculty Personnel Committee, the procedures in this paragraph will apply also to the President.

   4. The Faculty Reappointment Appeals Committee shall promptly schedule a hearing for the purpose of oral argument and for the presentation of additional information. The hearing shall be held on campus at a time and place designated by the chairperson after consultation with the complainant.

7. The following procedures shall apply in all hearings:

   1. The burden of proof shall rest with the complainant, i.e., the responsibility for affirmatively establishing disputed facts bearing on issues described in 8 below.
       
   2. The hearing shall be closed and its proceedings confidential. Invited for separate appearances shall be the complainant, who may be accompanied by an advisor from the Faculty, and an official spokesperson from the Faculty Personnel Committee, normally the chairperson, who may be     accompanied by an advisor from the Faculty Personnel Committee. The Faculty Reappointment Appeals Committee may invite others to testify, including the President in cases where his or her disposition of the recommendation of the Faculty Personnel Committee is at issue. No faculty member of the Faculty Personnel Committee except the official spokesperson and the advisor shall testify as a member of the Faculty Personnel Committee, and no one shall be required to disclose confidential sources. The Faculty Reappointment Appeals Committee shall not reveal to the complainant or others the content or authorship of confidential evaluation materials used by the Faculty Personnel Committee in its deliberations, and the spokesperson for the Faculty Personnel Committee shall not reveal the views of individual members of the Faculty Personnel Committee.
       
   3. The Faculty Reappointment Appeals Committee shall not be bound by strict rules of legal evidence, but the findings shall be based on the documents it has considered and on the hearing.
       
8. During and after the formal hearing, the Faculty Reappointment Appeals Committee shall restrict its inquiry to the following questions:
    
   1. Were there deviations from existing legislation governing relevant personnel procedures which could well have affected the decision being appealed? (The Faculty Reappointment Appeals Committee shall not look for minute deviations here, but significant deviations which reasonable observers would judge to have influenced the decision.)
       
   2. Was any material evidence ignored?
      
      (The question is not whether all possible relevant evidence was present, but whether materials were lacking which ought to have been considered according to established procedures of the University and which could well have worked in the interests of the complainant.)
       
   3. Was any improper evidence considered?
      
      (The question here is whether evidence was considered which was not a kind understood to be relevant under established procedures and policies of the University and which could well have worked against the interests of the complainant.)
       
   4. Given the evidence, was the decision an unreasonable, arbitrary, or capricious one?
      
      (The Faculty Reappointment Appeals Committee shall not substitute its judgment on the merits of the case for that of the Faculty Personnel Committee. The question is whether the decision was based on a reasonable evaluation of the evidence before the Faculty Personnel Committee, not whether the Faculty Reappointment Appeals Committee agrees or disagrees with the decision.)
       

9. The hearing shall be completed within 31 days of the Provost’s convening of the Faculty Reappointment Appeals Committee. Within three days thereafter the Committee shall report its findings to the complainant, the Faculty Personnel Committee, the Provost, and the President. If the Faculty Reappointment Appeals Committee finds the answers to any of the questions in 8 to be “yes,” it shall so report together with the reasons for its finding, and the case shall be considered again by the Faculty Personnel Committee (when its recommendation is at issue) or by the President (when his or her decision is at issue). In the former kind of case, the recommendation by the Faculty Personnel Committee to the President shall represent the final faculty position on the matter. The Faculty Personnel Committee or the President will complete the reconsideration of the case within 14 days. The complainant and all members of the Faculty Reappointment Appeals Committee shall be notified of the disposition of the case by the Faculty Personnel Committee and the President.

10. The Complainant can make a final appeal to the President. The appeal must be made within 14 days of notification described at the end of #9, and is to be limited to procedural grounds only.

11. All matters of interpretation of this appeals procedure shall be resolved on behalf of the Faculty by the Executive Committee of the Faculty.

I. Appeals on Grounds of Academic Freedom in Cases of Termination for Planning Reasons

If the appointment of a nontenured individual is not renewed because of planning considerations in the review of his or her position, an appeal will be entertained if within 30 days of receiving notice the individual files a written allegation that the true reasons for the termination were not the planning considerations cited, but reasons violative of his or her academic freedom. Such an appeal will be considered by the Faculty Personnel Committee, which will report its findings and recommendations to the President.

J. Salary

The following general principles shall govern salary increments for fulltime faculty, subject always to the availability of financial resources for such purposes.
 

1. All faculty members in good standing should be able to advance at regular intervals from their starting salaries.
    

2. There should be recognition for outstanding accomplishment which takes the form of merit raises and promotions, based on known criteria, and arrived at by methods which are as objective as possible. Fulltime faculty members shall be eligible for consideration for merit increments every third year beginning with their third year of service.

   
   As a means of implementing the above principles, the following sequence shall apply with reference to the allocation of money available for salary increments.
   1. ​To provide promotions.
       
   2. To provide increments in salary that are equal in precentage for all full-time faculty.
       
   3. To provide merit increments.

Increments in salary for each item in the sequence above shall be established annually for the Provost in consultation with the Faculty Personnel Committee and announced to all faculty.

K. Promotion

1. Members of the full-time faculty with the rank of Instructor will be promoted to Assistant Professor upon attainment of the appropriate highest degree in their field (normally the Ph.D.).
    
2. Members of the full-time faculty with the rank of Assistant Professor will be promoted to Associate Professor upon the attainment of permanent tenure, provided they have the appropriate highest degree in their field (normally the Ph.D.).
    
3. Once members of the full-time faculty have completed four years of successful college teaching at the rank of Associate Professor, they will be reviewed for promotion to Full Professor in their fifth year unless they opt-out of consideration. In subsequent years, members of the full-time faculty must apply to the Faculty Personnel Committee in writing by the end of the second week of the Fall term of the year of the review. Members of the full-time faculty may not become candidates for promotion to Full Professor if a) they were a candidate for promotion in the previous year, b) they do not have the appropriate highest degree in their field (normally the Ph.D.), or 3) have not completed at least two years at Ohio Wesleyan University. Candidates for promotion to Full Professor will be considered according to the qualitative criteria contained in O. Criteria and Procedures for Personnel Decisions.
    
4. Members of the full-time faculty at the rank of Assistant Professor who began their service prior to August 1, 2015 will be considered for promotion to Associate Professor each year prior to the year in which they are evaluated for tenure, unless they opt out of consideration, so long as they have taught two years at Ohio Wesleyan and accumulated at least four years at the rank of Assistant Professor. This provision will expire at the end of the 2019-2020 academic year.

L. Attainment of Permanent Tenure

A faculty member on a regular appointment whose appointment extends beyond the expiration of his or her probationary period shall be deemed to have permanent tenure. When it is the intention of the University that a faculty member on probationary appointment will not be granted tenure at the end of his or her probationary period, it shall notify him or her in writing of this intent no later than the date of Commencement at the close of academic year that completes the probationary period. Notification of nonrenewal is to be accompanied by an offer of a one-year temporary appointment as described in Section G.

M. Meaning of Permanent Tenure

Permanent tenure on the teaching faculty of the University shall mean the opportunity to accept fulltime employment in duties appropriate to the individual’s training and experience as a member of the teaching faculty through each successive academic year at a salary within the range for the appointee’s rank as indicated by the announced faculty salary schedule of the University for the particular year. The permanent tenure of a member of the teaching faculty shall continue until death, resignation, retirement, termination of appointment for medical reasons or dismissal for adequate cause, failure to accept a written assignment of appropriate duties for the ensuing academic year within sixty days following receipt of such assignment, or discontinuance of the individual’s teaching position. A teaching faculty member may be offered and may accept an assignment to administrative duties and position without interrupting or impairing his or her tenure status, but tenure shall apply only to rank and service in the teaching faculty. The administrative assignment, however, is subject to change at any time by action of the President. For a Provost who has received tenure as part of his or her appointment as Provost, the stipulations in the “meaning of permanent tenure” will commence when that Provost resigns or is dismissed as Provost and assumes rank and begins service in the teaching faculty; they do not apply when that person holds the office of Provost.

N. Obligations of a Faculty Member

A faculty member possessing the rights and privileges of permanent tenure shall bear the continuing professional responsibility to keep informed in his or her field and to render efficient service to the University by fulfilling customary academic duties.

No member of the teaching staff or other employed officer of the University shall engage in any full or parttime occupation or office that shall interfere with the faithful discharge of his or her duties to the University. All outside employment for compensation other than addresses and casual consultation shall be reported to and approved by the Provost of the University before acceptance.

O. Criteria and Procedures for Personnel Decisions

1. For Reviewing Members of the Teaching Faculty.

Within the framework laid down in this document, decisions on initial appointment, merit increases, and promotions, shall be based on the individual’s rating according to an explicitly stated set of qualitative criteria to be agreed upon jointly by the Administration and the Faculty which will include:

1. Effectiveness in teaching.

2. Scholarly contributions as evidenced through research, publication and professional participation.

3. Service to the University and community based on professional qualifications.

Evaluation of performance in these categories shall be made by the Faculty Personnel Committee on referral by the Provost, and transmitted back to the Provost for consideration and for his or her recommendation to the President. Neither the Provost nor the President shall be bound to accept the evaluations of the Personnel Committee, but the Provost, in making recommendations to the President, and the President, in making recommendations to the Board of Trustees, shall be governed by the same criteria as agreed upon jointly by the Administration and the Faculty.

Decisions on reappointment and tenure shall be made as described above except, as noted in G above, such decisions may also be made on the basis of a review of the institution’s need for the position. For the latter reviews, the President shall make the final decision, in consultation with the Faculty, according to established procedures and criteria.

2. For Reviewing a Successful External Provost Candidate for Tenure

   1. An external candidate for Provost who has been selected by the Provost Search Committee to be offered the Provost’s position may be nominated for tenure by the Provost Search Committee, provided that candidate meets the following eligibility requirements:

      1. He or she has been granted tenure as a member of the teaching faculty at an accredited four-year residential institution of higher learning;

      2. He or she can be assigned to an existing department or program as a potential member of its teaching faculty;

   2. The committee’s nomination must be submitted to the Faculty Personnel Committee, and accompanied by supporting documents including, but not limited to:

      1. The candidate’s curriculum vitae;

      2. Documentation that the candidate was granted tenure at the institution specified in 1. a. above;

      3. A brief summary of the candidate’s teaching experience, including a list of courses taught;

      4. If it is not obvious, the department or program with which the candidate could be associated. 

3. The department or program with which the candidate would be associated will review the submitted documents and in writing recommend to the Faculty Personnel Committee either granting or not granting tenure.

4. The Faculty Personnel Committee will review the submitted documents, receive and consider the department’s (or program’s) recommendation, and make to the President its recommendation regarding the granting of tenure to the candidate. A positive recommendation to grant tenure will be accompanied by a recommendation regarding faculty rank and department or program affiliation. The rank will normally be the highest rank the candidate has achieved at the institution where he or she was originally tenured.

5. The President will make his or her recommendation to the Board of Trustees. The President shall not be bound to accept the recommendation of the Faculty Personnel Committee, but in making a recommendation to the Board of Trustees shall be governed by the same criteria as agreed upon jointly by the Administration and the Faculty.

P. Faculty Personnel Files

Because the maintenance of an excellent Faculty is essential to the vitality of the University, there must be collected and preserved documentation as to the appointment and performance of each faculty member. Documentation may be collected in any format (on paper, electronic, etc.) and subsequently reproduced in any format necessary or convenient for review. The totality of information, in any format (physical or electronic), that constitutes the documentation of appointment and performance for a member of the faculty is referred to as a file.

It is the responsibility of the Provost to maintain the official faculty personnel files and to ensure their confidentiality. They may be inspected, in strictest confidence, only by the Provost, Faculty Personnel Committee, and President. Portions of the file will be provided to reviewers, who will treat all information from the personnel file as confidential.

The official personnel file for each faculty member shall contain but need not be limited to the following: (a) the permanent file, containing confidential pre-employment materials such as the confidential dossier and/or letters of reference; (b) the Faculty Personnel Committee evaluation file, containing confidential materials collected in the completion of usual University performance reviews.

The following items will be considered part of the Faculty Personnel Committee evaluation file: (a) self-report; (b) the tenure narrative; (c) the promotion narrative; (d) reviews by peers; (e) a curricula vitae; (f) course syllabi; (g) course evaluations; (h) reports of peer teaching observation reviews and responses to the reports; and (i) copies of or links to products of scholarly or creative work (journal articles, books, performances, etc.). The Faculty Personnel Committee may add other relevant materials. The curriculum vitae (item e) and course syllabi (item f) are not confidential and may be provided to others at the Provost’s discretion. Items (a), (b), (c), (e), (f), and (i) will be made available to peer evaluators. Student boards will be provided with the first section of item (a).

Individual faculty members enjoy the option of forwarding to the Provost for inclusion in their official personnel files any additional material. When this is done, such materials must contain a notation as to their inclusion at the request of the faculty member, and such materials are thereafter incorporated into the files. The University may permit access to and copying from official faculty personnel files as soon as a subpoena is received pursuant to lawful orders of federal or state agencies relevant to investigations, hearings, or other proceedings pending before such agencies or the courts. The Provost or an agent of the Provost must notify in writing any faculty member(s) whose official personnel file(s) has/have been lawfully subpoenaed.

Materials collected for the Faculty Personnel Committee’s yearly evaluation process will be retained for ten years, available only to the Provost, the President, and the Faculty Personnel Committee. After ten years these materials will be destroyed. On the other hand, each faculty member’s permanent personnel file will be kept by the Provost until three years after the faculty member has separated from service at Ohio Wesleyan University, at which time it will be transferred to permanent secure storage, available only to the Provost, the President, and the Faculty Personnel Committee.

Q. Faculty Personnel Committee Minutes

Free and candid deliberation is an essential element in an effective system of faculty evaluation and development. As the organ of the Faculty most especially charged with responsibility for evaluation, the Faculty Personnel Committee enjoys fully protected confidentiality in its deliberations.

To assure preservation of proper confidentiality for the Faculty Personnel Committee, the minutes of the Faculty Personnel Committee are held in strictest confidence. They are open to only the Provost, members of the Faculty Personnel Committee, and the President.

The University may permit access to and copying from the minutes of the Faculty Personnel Committee pursuant only to lawful orders of federal or state agencies relevant to investigations, hearings, or other proceedings pending before such agencies or the courts. The Provost or an agent of the Provost must notify in writing the chairperson of the current Faculty Personnel Committee whenever the minutes of that body have been lawfully subpoenaed.

R. Policies and Procedures Governing Dismissal For Cause

1. Dismissal Defined

Dismissal is a severance action by which the University ends its professional relationship with a tenured or nontenured faculty member for adequate cause. Dismissal may remove a member from service, for adequate cause, either at or before the end of a current appointment.

2. Adequate Cause Defined

Except in those instances where there has been a final judicial determination of a faculty member’s legal conviction on a felony charge or on a charge involving moral turpitude, a faculty member shall be dismissed for cause only if after a hearing according to the provisions set forth below, the preponderance of evidence shall establish his or her unfitness to teach because of incompetence, continued neglect of duties in spite of written warnings, lack of scholarly objectivity or integrity, serious misuse of the classroom or of academic prestige, or gross personal misconduct.

3. Notification to Faculty Member of Intent to Dismiss for Cause

In those instances where the Provost shall deem it in the best interests of the University to recommend the dismissal of a faculty member’s employment for cause, the following procedures shall apply:

1. At least thirty (30) days prior to the date on which the Provost plans to present to the President of the University a recommendation for dismissal of a faculty member’s contract, the Provost shall notify the affected faculty member of the intended action. In every such case, notification shall be sent by registered mail (return receipt requested) to the home address of the affected faculty member and shall set forth in specific terms the basis for the proposed action. At the same time, the Provost shall inform the faculty member of his or her right to a formal hearing and adjudication of his or her case.

4. Faculty Member’s Right to a Hearing Assured

At the request of the faculty member charged, a hearing will be held in every case of dismissal for cause, provided that the accused faculty has, within 30 days of receipt of the original notification of intent from the Provost, provided the Provost with a written request for such a hearing.

5. Appointment, Composition and Duties of the Hearing Panel

In every case where an accused faculty member shall request a formal hearing, the President of the University shall assemble from the fulltime teaching faculty a Committee for that purpose. The Committee shall be designated: “Faculty Hearing Panel in the Cause of       (name of accused)        .” The panel shall consist of three (3) persons selected by the President from among the elected members of the Standing Faculty Committees for that year, two (2) members of the Faculty appointed by the President from a list of nominees submitted by the accused faculty member and two (2) members of the Faculty appointed by the President of the University from a list of nominees submitted by the Provost. The Panel shall select its own Chairperson from among the participating members of the Standing Faculty Committees for that year.

It shall be the duty of the Faculty Hearing Panel:

1. to hear the charges against the accused,

2. to ascertain as nearly as possible all the relevant facts,

3. to deliberate upon the matters before it, and

4. to recommend to the President of the University a course of action not inconsistent with the highest academic, ethical and moral ends of the University.

6. Time and Place of Hearing

The hearings of the Faculty Panel shall be held on the Ohio Wesleyan University campus in Delaware at such a time and place as may be designated by the Chairperson of the Panel, after consultation with the faculty member charged.

7. Conduct of the Hearing

In the conduct of its hearing, the Faculty Hearing Panel shall be guided by such rules of procedure as will be most likely to elicit pertinent and accurate information relative to the facts at issue. The faculty member accused and the Provost shall each be allowed to have outside legal aid and/or such faculty counsel as he or she may desire and shall have the right, directly or through counsel, to call and question witnesses² in his or her own behalf and to cross-examine all adverse witnesses presented. Upon request of the faculty member and at no cost to him or her, a daily copy of the record of the proceedings shall be made available to him or her prior to the commencement of the proceedings for the following day.

Likewise, upon the completion of the hearing, the Panel shall cause to be delivered to the faculty member at no cost to him or her a full and complete copy of the proceedings and of the Hearing Panel’s opinions and judgments, and recommendations to the President of the University.

8. Faculty Member’s Right to Appeal

If the recommendations of the Faculty Hearing Panel which are adverse to the faculty member are accepted by the President with a recommendation to the Board of Trustees or its Executive Committee that the faculty member be dismissed for cause, the faculty member accused may request and shall be entitled to a review of the case before the Board of Trustees or its Executive Committee or a special 
committee designated by one of these bodies.  Such a review shall be based upon the record made before the Faculty Hearing Panel and shall not constitute a rehearing of the evidence, but the faculty member accused and/or his or her counsel shall be given the opportunity to present oral argument on such review. Provided, however, that nothing in the foregoing shall be construed to prevent the reviewing committee in its discretion from hearing newly discovered evidence.

9. Faculty Hearings Closed

The proceedings of the Faculty Hearing Panel shall be closed to all but the parties involved, their advisers and aides, provided always that the National Office of the American Association of University Professors may have an official observer present during the hearings. 

10. Salary for Faculty Member Dismissed for Cause

A faculty member dismissed for cause under the foregoing hearing procedure shall in every instance be paid his or her salary for one full year from the date of notification that the President has accepted the Panel’s recommendations of dismissal in 6 above.

S. Policies and Procedures Governing Imposition of Sanctions Other than Dismissal for Cause³

There may be instances in which the conduct of a faculty member, although not constituting adequate grounds for institution of dismissal proceedings, is nevertheless sufficiently inappropriate as to warrant imposition of a major sanction, such as suspension from service for a stated period without pay. A major sanction may be imposed only as a result of the due process proceeding specified in 1 through 8 of Section P above, the policies and procedures of which shall apply with the proposed major sanction being substituted for dismissal throughout. The conduct judged by due process proceedings to be “sufficiently inappropriate” (above) shall be confined to the areas of professional incompetence, neglect of obligations and responsibilities as set forth in the Handbook or faculty legislation, and gross personal misconduct.

It is understood that major sanctions shall not be imposed to deny, restrict, or otherwise inhibit the exercise of academic freedom, as specified in the 1940 AAUP Statement of Principles of Academic Freedom and Tenure. The President, Provost, Faculty Personnel Committee, and the Hearing Panel (if it is brought to bear) have joint responsibility for assuring that major sanction proceedings are neither initiated nor pursued in violation of academic freedom.

If the Provost believes that the conduct of a faculty member warrants imposition of a minor sanction in the form of a written reprimand, he or she shall, after consultation with the Faculty Personnel Committee, notify the faculty member of the basis for the proposed 
sanction and provide him/her with an opportunity to persuade the Provost that the proposed letter of reprimand should not be sent. A faculty member who believes that a 
minor sanction has been unjustly imposed may petition the Faculty Personnel Committee to seek the rescinding of the reprimand. The provisions protecting academic freedom relative to major sanctions apply to minor sanctions as well.

T. Termination

1. Termination Defined

Termination is a severance action by which the University ends the service of a probationary faculty member before the expiration of a contract, or of a tenured faculty member at any time, without prejudice.

2. Causes for Termination

Prolonged mental or physical illness or the elimination of faculty positions are the only causes for termination of faculty.

1. Prolonged Mental or Physical Illness

   Termination for medical reasons of an appointment with tenure, or of a nontenured appointment before the end of the contract period, will be based on clear and convincing medical evidence that the individual cannot continue to fulfill the terms and conditions of the appointment. The decision to terminate will be made by the President only after there has been appropriate consultation with the individual’s department and the Faculty Personnel Committee, and after the individual, or someone representing the individual (say, a family member), has been informed of the basis of the proposed action and been afforded an opportunity to present the individual’s position and to respond to the evidence. If the individual so requests, the Faculty Personnel Committee will review the matter and report its conclusions to the President before the President makes the final decision and notifies the faculty member.
   
   Prior to the President’s final decision, the individual concerned may, if eligible, elect to retire under the early retirement program with such severance payments as that program entails, making moot the matter of separation. Or the individual may be eligible for salarycontinuation or insurance payments under the University’s disability program. Finally, upon the President’s final decision to terminate the faculty member’s appointment for medical reasons, the individual will receive earned salary or severance pay for three months from that date if the decision has been reached within the individual’s first six months of service, for six months if the decision has been reached after six months but before 18 months of service, and for one academic year (nominal nine months) if the decision has been reached after 18 months of service.

2. Elimination of Faculty Positions
   
   Termination of a faculty appointment may occur through the elimination of a position by means of (1) the conclusion of a term appointment and the discontinuation of the position, (2) review of a tenuretrack position and discontinuation of the position, as provided for in Chapter IV of this Handbook.
   
   Written notice that a faculty appointment has been terminated due to elimination of a position will be given to the faculty member on the same schedule as for nonrenewal (See III, Gp.5), except that for the final year of a term position the initial contract letter specifying the termination of the position shall constitute notice of termination. Notification of a decision to continue the position will be provided as soon as it is made.

U. Statement on Retirement

The Provost is authorized to discuss retirement from time to time with faculty members who were born on or before December 31, 1957 and, in most instances, have completed at least 15 years of service with the University. These discussions may result in individually negotiated deferred compensation arrangements with such faculty members.

The amounts payable under such deferred compensation arrangements shall be determined individually by agreement between the faculty member and the Provost with the approval of the President and shall take into account such factors as age, years of service, and success of the University in meeting projected goals for enrollment, retention, student-faculty ratio, endowment pay-out, and the Annual Fund. Benefits other than deferred compensation shall be considered. For Faculty hired prior to September 1999, health benefits shall be provided by the institution at no cost to the retiree until the retiree reaches age 70.  Upon becoming Medicare eligible, however, the retiree will be required to purchase, at the retiree’s expense, Medicare Plan B coverage.  All other deferred compensation shall be payable in the form of a continuation of a portion of the faculty member’s salary for a period of years, typically two to five years.

The various agreements shall be reported to the Committee on University Governance at least once per year, who will ensure that such agreements remain within the range of historically acceptable practice and meet a reasonable standard of equity.  In its year-end report, the Committee on University Governance will provide the Faculty a statement of assurance that these conditions have been met.

Only Administrators who are tenured faculty members are eligible for retirement as faculty members.

All other faculty enrolled in TIAA-CREF will receive the additional TIAA-CREF benefits outlined in Chapter VI, Section A, Part 2.

V. Termination Benefits for Faculty Whose Positions Are Eliminated

Certain services and benefits are provided by the University to persons whose fulltime employment is terminated because of the elimination of their positions. In what follows, “termination” refers to the ending date of an appointment which ceases because the position has been eliminated.

Planning Assistance. One or more staff persons capable of providing career planning services will be available to work with terminated faculty, such services to include individual counseling, workshops, access to career literature, help with search skills, and contacts with alumni and other friends of the University.

Reassignment and Retraining. Subject to a review of qualifications and retraining possibilities, faculty members in positions to be eliminated will be considered for suitable vacancies at the University in administrative or teaching positions. Tenured faculty, who will receive preference in such consideration over nontenured faculty, may explore such possibilities before electing early retirement or as an alternative to receiving termination payments (see below). The Provost will coordinate the identification of possible alternative assignments and the review of individual qualifications, making known the applicable procedures.

Medical Coverage. Normal medical coverage will remain in force at University expense through December 31 of the next academic year, and can be continued at the individual’s expense for the remainder of two years, after termination.

Termination Payments. The University provides tenured faculty with termination payments to help offset costs of retraining and relocation in positions outside the University as well as to recognize services rendered. Such payments are made in lieu of providing unemployment compensation payments for such faculty. The plan is based in general terms on the system of severance payments under the University’s early retirement plan, but involves payment on a foreshortened schedule and includes calculations involving years of service and the salary the person would have received for fulltime service in the year following termination.

The termination payments for an eligible tenured faculty member are determined as follows:

1. The calculation begins with the monthly rate of pay corresponding to 45% of the salary the individual would have received in the year following termination.

2. Because the terminated individual will not pay Social Security taxes on his or her termination benefit, the rate in 1 is reduced by the FICA (Social Security) individual tax rate at the time of termination.

3. The adjusted rate in 2 is hypothetically cumulated for 60 months (5 years), which total amount is then converted to an equivalent lump sum value by calculating its discounted present value (DPV) using the rate of interest on 5year government securities in effect at the time of termination.

4. The proportion of the lump sum value in 3 to which the individual is entitled is calculated as the proportion of 20 years the individual has served the University, this proportion not to exceed unity. This proportion is multiplied by the lump sum benefit of 3 to obtain the adjusted lump sum benefit.

5. The adjusted lump sum benefit in 4 will be paid to the individual at a monthly rate equal to the individual’s full salary rate that would have obtained in the year following termination reduced by the current FICA individual tax rate used in 2 above.

6. The payments in 5 above will continue for as many months as the adjusted lump sum entitlement provides, discounted (adjusted upwards) for the lower value of future income payments using the rate in 3 above. The monthly payments will begin ordinarily with the academic year following the year of termination.

7. If employment is obtained outside the University, severance payments from the University will be reduced one dollar for each two dollars per month earned in that employment.

Tuition Benefits. The same tuition benefits (OWU tuition remission and GLCA tuition exchange) available to sons and daughters of continuing faculty shall be available to those already in college or high school (grades 9 through 12) at the time the faculty parent is terminated.

Other Benefits. No fringe benefits will be paid by the University except those specifically provided for in this policy.

W. Library Staff Member with Faculty Rank

The policies and provisions described in the paragraphs with respect to a member of the teaching faculty shall apply to a faculty member engaged in fulltime professional service on the staff of the University Library, professional library service being substituted for teaching services wherever mentioned.

X. Faculty Committee Advice

In every case involving the application of the policies and procedures contained herein, the President or the Provost may call upon the Faculty Personnel Committee for advice and recommendations.

Y. Sanction of Board of Trustees

Subject only to the limitations imposed upon the Board of Trustees by the Constitution and the laws of the State of Ohio, by the Charter of the University and its Code of Regulations, and by the practical exigencies of enrollment and finances available as judged by the Board, the applicable provisions set forth in the foregoing paragraphs shall be deemed a part of the University’s contractual commitment to each faculty member in consideration of his or her faithful adherence to his or her own contractual commitments to the University. The President of the University shall employ faculty members and enter into binding contracts with them on this basis, subject to confirmation by the Board of Trustees.

_______________

¹ The provisions of this section do not necessarily apply to a person on full-time administrative appointment who holds faculty rank and teaches less than a full load.

²It is expressly agreed and understood that wherever deemed relevant, either party may call upon the expert testimony of nonOhio Wesleyan University faculty personnel in the area of the accused faculty member’s professional competence. The University agrees to pay the transportation costs for such outside witnesses provided a majority of the Faculty Hearing Panel shall give prior approval to the appearance of such outside expert witnesses. The absence of such prior approval, however, shall be no bar to the presentation of such outside expert testimony if the expenses incident thereto are borne by the faculty member.

³The provisions in Section S shall not be construed so as to limit in any way the ability of the President to deal with emergency situations under authority delegated to him or her by the Board of Trustees (Code Article VII, Section 1B (1). Emergency situations are defined to be occasions when failure to act immediately could jeopardize either the physical or emotional safety and well-being of the faculty member or the safety and well-being of students, other Faculty, staff or University property.