IX. H. Reviews of a Fourth-Year Review, Tenure Decision, or Promotion Decision
If contract extension beyond the fifth year is denied as a result of the fourth-year review, the Dean of the Faculty will inform the candidate at a meeting of the Dean, the department chair, and the candidate, usually in December; notice will also be provided to the candidate in writing.
If tenure is denied, the Dean of the Faculty will so inform the candidate, on or about March 15. The Dean of the Faculty will meet with the candidate denied tenure to discuss with the candidate the reasons for denial.
If promotion to Professor is denied, the Dean of the Faculty will so inform the candidate, normally on or about January 15. The Dean of the Faculty meets with the candidate denied promotion to discuss with the candidate the reasons for denial.
The officer of instruction denied contract extension at the fourth-year review, tenure, or promotion to Professor may appeal the decision on the grounds that it was made capriciously or not in conformity with the established procedures. The officer of instruction must notify the Dean of the Faculty in writing of his or her intent to appeal the decision within ten calendar days of being notified that contract extension, tenure, or promotion was denied.
A written appeal must then be submitted to the Dean of the Faculty, the President, and the Faculty Appeals Committee no later than twenty calendar days after the submission of the notice of intent to appeal. The appeal must specify what procedure is alleged to have been violated and/or in what way the decision is alleged to have been made capriciously. In making the appeal, as throughout the tenure process and promotion process, the burden of proof rests with the officer of instruction.
In considering the appeal, the Faculty Appeals Committee will review pertinent information regarding procedures supplied by the Dean of the Faculty and will conduct interviews limited to the alleged capriciousness or violation of procedure described in the appeal.
The Appeals Committee will report in writing to the Dean of the Faculty and the President. The report will contain findings of fact and conclusions as to whether or not the original decision was reached capriciously or procedures were violated. In the event the committee finds there were violations sufficient to warrant reconsideration, the Appeals Committee will recommend in its report that the President review the original decision. If the committee is divided, a minority report also will be filed.
A statement of the Appeals Committee findings which preserves the confidentiality described above will be made available to the candidate. This statement is prepared by the Appeals Committee.
If the Appeals Committee asks the President to review the original decision, and after review the President does not reverse the original decision, the President will provide the Appeals Committee’s full report (if the committee is divided, a minority report will also be filed), along with the President’s recommendation, to the Board of Trustees, who will determine the final College position on the matter.