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2. FACULTY

The faculty consists of all persons who are appointed by the President of the College to teach one or more courses. Administrators with faculty retreat rights are members of the faculty. When a faculty member has been authorized to act in an administrative capacity (such as President, Provost, Vice Provost, Dean, Department Chair/Program Director), to the extent that the person's job responsibilities are not pedagogical but administrative and supervisory, the relevant portions of the Staff Handbook apply and take precedence.

2.1 DEFINITIONS OF FACULTY STATUS

Specification of the conditions for appointment for each of the faculty categories below is contained in section 2.2.

2.1.1 RANKED (TENURE-TRACK) FACULTY

Ranked faculty appear on the Rank & Tenure Roster. They are full-time employees of the College unless otherwise specified in their appointment; their appointments are probationary (tenure track) or tenured to the College and not to a program, department or School; they hold the academic ranks of Instructor, Assistant Professor, Associate Professor and Full Professor. Assignment is made to the department or program in which the faculty member teaches the majority of his/her courses. With the exception of the rank of Instructor and Exceptional Candidate appointment, faculty will hold the terminal degree (see sections 2.1.1.1 and 2.1.1.2).

The salaries of full-time ranked faculty whose duties are primarily instructional are contained in the full-time salary scale (see section 2.15.1).

Instructor: Appointment to the rank of Instructor is made when a candidate possesses the qualifications enumerated below for the rank of Assistant Professor with the exception of the terminal degree. The candidate will be enrolled in a terminal degree program in his/her field. Upon completion of the terminal degree, the candidate will automatically be eligible for immediate appointment to the rank of Assistant Professor.

Assistant Professor: Appointment to the rank of Assistant Professor requires that the candidate possess the terminal degree, show clear promise of effective service and teaching effectiveness, be judged competent to teach advanced or upper division courses, and give evidence of continued scholarly achievement.

Associate Professor: Appointment to the rank of Associate Professor normally requires that the candidate have demonstrated his/her effectiveness as a teacher, that he/she show clear promise of high scholarly achievement, and that he/she have demonstrated effective service. Possession of the qualifications enumerated above for the rank of Assistant Professor is assumed. The rank of Associate Professor may or may not accompany tenure.

Full Professor: Appointment to the rank of Full Professor is made in recognition of consistent evidence of high teaching effectiveness, high scholarly achievement, (the latter to be substantiated by a sound reputation among academic colleagues outside the College), and a high degree of effective service. Possession of the qualifications enumerated above for Assistant and Associate is assumed.

2.1.1.1 TERMINAL DEGREES

A doctorate is normally considered to be a terminal degree. Any department wishing to propose another degree as terminal in a specialized field (e.g., the M.F.A. in Creative Writing) should make its case as clearly and fully as possible before the hiring process begins for any position that may be affected. The Educational Policies Board shall initially review such proposed non-doctoral terminal degree designation, and shall review all such designations every six years thereafter. Upon such a review they shall recommend approval or disapproval to the Academic Senate. Upon the approval by the Senate, non-doctoral terminal degrees are subject to final approval by the Provost. Any person hired as having the appropriate terminal degree and who has continued in the same position shall be considered to have permanent approval even if at some later date another degree is designated as terminal for that position. Such initial and permanent approval will appear in that faculty member's contract.

2.1.1.2 EXCEPTIONAL CANDIDATE APPOINTMENTS (FOR SUCH A RANK)

When the proposed faculty member does not have the terminal degree, but shows clear promise of superior performance as a teacher, has scholarly achievement and service commensurate with the proposed rank, the Provost will seek a recommendation from the Rank & Tenure Committee for a finding of exception to requirement of the doctorate or an acceptable alternative degree to appoint at the rank of Assistant, Associate or Full Professor. A finding of exception by the President upon recommendation of the Provost is unalterable. Such findings for exceptional appointment shall be sought only for initial appointments and may not be used for extensions of current appointments.

2.1.2 NON-TENURE-TRACK FACULTY

Non-tenure-track faculty are of three types: Visiting Faculty, Adjunct Faculty and Lecturers. Visiting and Adjunct Faculty receive a pro-rata salary based on the full-time salary scale (see sections 2.15.1 and 2.15.2). Placement on the salary scale will be based on standards appropriate to their degree, experience and qualifications as enumerated in section 2.1.1. Lecturers receive a salary on a per-course, per-unit, or per-workshop basis.

Visiting Faculty: A temporary full-time appointment clearly limited to a brief association with the College, normally not to exceed two years; for example, to replace a ranked faculty member who is on leave or to fill a new ranked position for which a search has not yet been successful. A Visiting Faculty appointment is made to an individual qualified for or holding faculty rank and status at another college, as enumerated in section 2.1.1. Visiting Faculty receive a title corresponding to their placement on the salary scale.

Adjunct Faculty: An annual, renewable, non-tenure-track appointment which is made to an individual who does not hold a full-time academic appointment elsewhere, excepting individuals on leave from such an appointment. Adjunct appointments are for five courses or more, including administrative duties, are paid on a pro-rata basis, and carry non-teaching duties as enumerated in section 2.11.2, proportional to the extent of instructional duties contained in the appointment. Any adjunct position must be reviewed after two years and a determination made whether to change that position into a tenure-track position. No adjunct appointments may be continued as such for more than three consecutive years without a specific ruling by the Provost, in consultation with the Deans in those Schools that would be impacted by a change in that position, explaining the necessity for continuing the position in such a way and offering a time-table for conversion to tenure track or reduction to less than 5/7. Although Adjunct Faculty are paid at differing levels corresponding to the full-time salary scale, they hold the title of Adjunct Faculty.

Lecturer: All non-tenure-track faculty who are paid on a per-course, per-unit or per-workshop basis hold the academic title of Lecturer. Lecturers have none of the additional duties as described in section 2.11 and are placed on the Lectureship salary per-course scale for the program to which they are appointed. Lecturer appointments are made on per-unit, per-course, or per-workshop basis only. Lecturer appointments remain non-tenure track appointments regardless of the number of courses taught in an academic year or the number of annual contracts entered into between the Lecturer and the College over time. If a Lecturer is appointed by the President to teach more than one course, unit, or workshop in an academic year, that Lecturer is not entitled, as a result of such appointment(s), to receive benefits that are available to adjunct faculty teaching five or more courses (see section 2.14). The appointment of a Lecturer to teach more than one course, unit, or workshop in an academic year is subject to the prior approval of the Provost, in consultation with the Dean(s) of the School(s) in which such Lecturer's services are to be retained.

	Status		Compensation
	Tenure-Track	Non-Tenure-Track	Full or Pro-Rata	Per Course Per Unit Per Workshop
Lecturer		x		x
Adjunct Faculty		x	x
Visiting: Assistant Professor Associate Professor Professor		x x x	x x x
Ranked: Instructor Assistant Professor Associate Professor Professor	x x x x		x x x x

2.1.3 EMERITUS/EMERITA

Professor Emeritus/Emerita is an honorary title conferred on a retiring faculty member who has served the College with special distinction.

1. Eligibility. Criteria for eligibility:

minimum of ten years of full-time service;
attainment of rank of Associate Professor;
supporting letters from colleagues.

2. Recommendations. Criteria upon which they should be based:

teaching effectiveness;
scholarship or artistic expertise;
effective student advising, where applicable;
cooperation with colleagues in advancing the academic aims of the College.

3. Privileges. In addition to privileges granted to all retired faculty members, a Professor Emeritus/Emerita:

will remain on the Rank & Tenure roster;
will receive written faculty ballots;
will be eligible for appointment to faculty committees;
may participate in formal academic ceremonies;
may have his/her name listed in the College Catalog with the designation.

4. Procedure for promotion to Professor Emeritus/Emerita:

The candidate will be proposed in writing for Emeritus/Emerita status by the candidate's department or by a senior faculty member to the Dean of the School.
The Dean of the School will solicit letters of support from colleagues and the candidate's department.
The collected letters will be submitted to the Dean, who will forward them with his/her recommendation to the Rank & Tenure Committee.
Recommendation from the Rank & Tenure Committee will be forwarded by the chair to the President for his approval. In the event that the Provost does not agree with the recommendation, the Provost will forward the Committee's recommendation, along with his/her own recommendation to the President. The President makes the determination whether to grant the Professor Emeritus/Emerita Award.
The Professor Emeritus/Emerita Award is presented to the recipient in an appropriate ceremony acceptable to the recipient.

2.1.4 ADMINISTRATORS WITH FACULTY RETREAT RIGHTS

Certain administrative positions make the holder responsible for the character and quality of a major academic unit within the College. Because such positions involve responsibility for curriculum and for academic quality, review of faculty, and expectations of leadership over issues that affect the academic enterprise of the College as a whole, they are inherently academic in nature. These positions are the Provost, the Vice Provost of Academic Affairs, and each Dean of a School. When an individual is appointed to one of these positions on a regular basis, that is, other than as Acting or Interim Dean, he/she will also be appointed as a ranked faculty member associated with a department either on tenure track or tenured. Although there is no such status as administrative tenure, he/she has faculty retreat rights, that is, the right to assume the position of a full-time faculty member of the College upon leaving the administrative position.

Assignment to a department will be made by the Provost (by the President in the case of the appointment of the Provost) in consultation with the department involved. For appointments at the ranks of Associate Professor and Full Professor, the Rank & Tenure Committee will be consulted prior to the appointment about the rank and the tenurability of the appointee, as specified in Selection/Appointment of Ranked Faculty, section 2.3.1.

An administrator as defined in this section, who is also a ranked faculty member, agrees to the provisions of this Faculty Handbook which are applicable to his/her faculty ranks.

A ranked faculty member who assumes an administrative position at the College that does not carry ranked faculty status nonetheless continues to be a ranked faculty member; however, ranked faculty status is not thereby transferred to the administrative position.

The President may decide to allow an existing or new administrative position to carry ranked faculty status. A proposal to incorporate ranked faculty status into a new or existing administrative position must originate in the Academic Senate and be approved by the Provost before being considered by the President. If an administrative position is converted to an administrative position with ranked faculty status, the incumbent at the time of conversion, if not already tenured as a faculty member, may be granted tenure and/or retreat rights at the discretion of the President (under the procedures described above for the granting of tenure and retreat rights to individuals assuming an administrative position with ranked faculty status). Any teaching under this provision must follow the procedures for approval and notification listed in section 2.1.5 below.

2.1.5 TEMPORARY APPOINTMENT OF ADMINISTRATOR TO RANK ONLY

An administrator in a non-academic position may be appointed temporarily to an academic rank and departmental affiliation by the President if all of the following conditions are satisfied:

All the criteria for that rank must be met by the individual and reviewed by the Provost, the chair of the department and the Dean of the School with which the individual will be affiliated. The Provost will make a recommendation of the appropriate rank to the President. If the rank proposed is Associate Professor or Full Professor, the Provost will also consult the Rank & Tenure Committee prior to advising the President.
Any teaching in the department or program designated or in any other area is only by invitation of that department or program and requires the consent of the appropriate Dean, the approval of the administrative person's supervisor, and proper notification to the Provost. Continued teaching is subject to departmental need and a regular review of the individual's teaching effectiveness. Teaching under this provision does not imply or confer academic salary nor any rights toward sabbatical or tenure.
Under this provision the position does not carry ranked faculty status and does not confer retreat rights on the individual.

The term of appointment is one academic year and may be extended by the President in writing after the first year for a period not to exceed the period of employment as an administrator.

2.2 TYPES OF APPOINTMENTS

Terms and conditions of appointment are contained in letters of appointment from the President, and in this Faculty Handbook. While a faculty member may have appointments in more than one School, normally a single letter of appointment for a term or year will be written. Letters of appointment for continuing faculty should be issued in a timely manner prior to the expiration of the current letter of appointment.

2.2.1 INSTRUCTOR APPOINTMENT

Without an expressed exception, a faculty member appointed to the rank of Instructor must be engaged in the active pursuit of the terminal degree. The total period of full-time service prior to the acquisition of the terminal degree may not exceed three years. Notice shall be given in accordance with section 2.8.3.1 at least one year prior to the conclusion of the third year of full-time service if the faculty member is not to be continued in service after the expiration of that three year period. For Instructors who progress to the rank of Assistant Professor, each year at the rank of Instructor will count as one step up to a maximum of three steps in the rank of Assistant Professor in the faculty salary scale.

2.2.2 PROBATIONARY (TENURE-TRACK) APPOINTMENT

The total period of full-time service as a probationary tenure-track appointee may not exceed seven years. At the time of the initial tenure-track appointment, the anticipated year in which the tenure review will occur will be specified in writing. A faculty member coming to the College without any previous full-time ranked teaching elsewhere will be considered for tenure in the sixth year of appointment. The College will recognize up to three years of other full-time ranked teaching elsewhere and credit this toward the year of tenure consideration. Thus, a faculty member with three years credit would come up for tenure consideration in the third year of the probationary appointment. In determining the rank and step initially assigned to a faculty member, the appointee's past activities (e.g., teaching, professional experience, scholarly activities, etc.) are evaluated for equivalence to full-time service.

Scholarly leave of absence for one year or less will count as part of the probationary period as if it were prior service at another institution, unless the individual and the President or his delegate agree in writing to an exception to this provision at the time leave is granted.

Notice shall be given in accordance with section 2.8.3.1 at least one year prior to the expiration of the probationary period if the faculty member is not to be granted tenure (see Standards of Notice, section 2.8.3.2). Failure to give such notice does not constitute the granting of tenure.

2.2.3 TENURED APPOINTMENT

Tenured appointments are permanent appointments which may be terminated only under conditions noted in section 2.8.5, with the burden of proof resting upon the College.

2.2.4 REDUCED SERVICES (TENURED APPOINTMENT)

Tenured faculty may permanently reduce their full-time tenured appointment to a reduced services appointment (4/7 course load or less) through written agreement with the College, called the Reduced Services Plan. In order to be eligible, the tenured faculty member must have completed 10 years of full-time service and have attained age 60 at the time of the election. The tenured faculty member retains the status and privileges of full-time appointments, excluding rights to sabbatical leave, but including voting rights, access to the facilities of the College, and all other faculty privileges and employee benefits, except life and long-term disability insurance (which are proportional to the reduced salary).

See sections 2.13.2.2 "Personal Leave" and 2.13.2.3 "Scholarly Leave" as well as 2.14.3 "Medical Plans" for further information about reduced services other than those mentioned above.

2.2.5 NON-TENURE-TRACK APPOINTMENT

2.2.5.1 VISITING FACULTY

An appointment as Visiting Faculty is a full-time non-tenure-track appointment, not to exceed two years.

2.2.5.2 ADJUNCT FACULTY

Adjunct Faculty are appointed on an annual, non-tenure-track basis, provide services in accordance with the letters of appointment that govern their appointments, and may be appointed for two additional consecutive annual appointments, following their initial annual appointment. In the event that sufficient enrollment is not attained to warrant offering the courses designated, or an adjustment in the workload and compensation, in the judgment of the Dean of the School, in consultation with the Provost, must be made, the College reserves the right, in its sole discretion, to terminate or modify appointment, including assignments of other courses in subjects for which the Adjunct Faculty member is qualified, without further obligation to that Adjunct Faculty member.

After the third annual appointment, no new appointment can be made without the specific ruling and timetable called for from the Provost in section 2.1.2 under Adjunct Faculty. Until that ruling following the third annual appointment, no Adjunct Faculty who has been appointed to three annual appointments shall be eligible for appointment. The procedures and criteria concerning adjunct positions apply to all Adjunct Faculty hired beginning January 1, 1997. Adjunct Faculty hired prior to January 1, 1994, are covered by Protocols in section 2.2.7; for faculty hired between January 1, 1994, and December 31, 1996, see section 2.4, Evaluation of Adjunct Faculty.

2.2.5.3 LECTURESHIP

An appointment as Lecturer may be made on a per-course, per-unit, or per-workshop basis on the salary scale of the appropriate School and may be offered indefinitely. Lecturers provide services in accordance with their letter of appointment, and appointment of Lecturers shall be governed by and limited to the terms of their letter of appointment. Lecturers will be appointed to teach a maximum of four courses a year. Deans who wish an exception to this limit for compelling programmatic reasons must consult with and obtain the approval of the Provost.

2.2.6 CONSIDERATION FOR THE CREATION OF ADDITIONAL FACULTY POSITIONS

The Provost approves faculty for adjunct (pro-rata) or tenure-track appointments in all Schools.

2.2.6.1 ADJUNCT FACULTY (for the undergraduate programs in the Schools of Science, Liberal Arts, Economics and Business Administration, and for the School of Education):

Any Adjunct Faculty member teaching the equivalent of five or more courses should be given full-year, pro-rata appointments. Letters of appointment should be written for the whole year when departmental needs can be clearly identified. Departments should assess their needs for non-tenure-track faculty for the year as a whole in order to give, where possible, annual letters of appointment. Such appointments are subject to the reviews called for in section 2.1.2.

2.2.6.2 TENURE-TRACK FACULTY

When multiple part-time appointments totaling seven or more courses are regularly made in a single department or program, a case should be made where appropriate for a full-time tenure-track faculty position by the Dean of the School to the Provost. It is the responsibility of the department to make a clear and cogent case for and to provide supporting materials and justification concerning the hiring of someone for such a full-time tenure-track position, especially when the appropriate "terminal" degree may not be the Ph.D.

2.2.7 PROTOCOLS

2.2.7.1 DIRECT APPOINTMENT TO A TENURE-TRACK POSITION WITHOUT A NATIONAL SEARCH, FOR ADJUNCT FACULTY HIRED PRIOR TO JANUARY 1, 1994

The Provost identifies the need for a tenure-track position, and the President approves the need for a tenure-track position.
A faculty member with at least a 5/7ths appointment for two of the most recent three academic years submits a written request for a direct appointment to the appropriate department chair or program director.
The department chair or program director reviews with the faculty member his/her qualifications for tenure-track consideration, based on the Faculty Handbook guidelines. The chair makes a written recommendation supporting or opposing the appointment.
The chair or program director forwards his/her recommendation and documentation to the appropriate Dean(s) who evaluates the candidacy and makes a recommendation supporting or opposing the candidacy. The Dean(s) pass on the recommendation and all documentation to the Provost.
Based on the record which is forwarded from the Dean(s), the Provost determines if the candidate is competitive with a potential first-choice candidate from a potential national search process. The Provost then forwards his/her written recommendation to the Rank & Tenure Committee with all the documentation.
The Rank & Tenure Committee reviews the documentation including the Provost's recommendation. In the case of appointment at the rank of Assistant Professor, the Rank & Tenure Committee offers an informal oral assessment to the Provost. In the case of other ranks, the Rank & Tenure Committee provides written recommendation to the Provost.
The Provost reviews the evaluations of all the other steps and makes a final recommendation to the President, and the President approves or denies the request for direct appointment.

Nothing in the Protocol 2.2.7.1 process precludes the Saint Mary's College faculty member from participating in a subsequent national search process, should direct appointment to the position not be approved. The decision against direct appointment is not a matter for grievance.

2.2.7.2 CANDIDACY OF A CURRENT, NON-TENURE TRACK SAINT MARY'S COLLEGE ADJUNCT FACULTY MEMBER HIRED PRIOR TO JANUARY 1, 1994, IN A SEARCH PROCEDURE FOR TENURE-TRACK APPOINTMENT

The Provost identifies the need for a tenure-track position, and the President approves the need for a tenure-track position.
The Provost shall notify all eligible faculty (see section 2.2.5.2) of the College's policy on assessment of non-tenure-track faculty and on institutional planning regarding conversion and/or consolidation of non-tenure-track positions into tenure-track positions.
As soon as a national search or internal consolidation is approved by the Provost, the Dean of the appropriate School, coordinating with the appropriate department chair(s) or program director(s) arranges a formal evaluation for any Saint Mary's College faculty whose job would be affected by the search and who has not been evaluated within the preceding 12 months. A faculty member may choose to decline the evaluation on the basis that he/she will not be pursuing a candidacy for the new position. Anyone who is evaluated should be provided with specific feedback on their qualifications (teaching, service, scholarship) in relation to the perceived "national pool."
When the search begins, the Saint Mary's College faculty member may apply and be considered as any other candidate would be. Until such time as non-tenure-track faculty have access to comparable faculty development support for scholarly activities, an eligible faculty member under section 2.2.7.2 may ask for such support to make it possible for that faculty member to be as competitive as possible in a national search process. The Provost, whenever a conversion or consolidation is planned, will identify which Saint Mary's College faculty are eligible for such special access.

If non-tenure-track Saint Mary's College faculty are to compete in national search procedures, some attention must be given to the "service" component of such an evaluation, since non-tenure-track faculty are not currently allowed to serve on elected faculty committees. In addition, funding support for professional and scholarly development for those non-tenure-track faculty competing for tenure-track positions should be increased to the same level as for those on tenure track, as soon as a designation of eligibility is made and approved by the Provost.

2.2.7.3 CASE-BY-CASE REVIEW OF ADJUNCT FACULTY HIRED PRIOR TO JANUARY 1, 1994, NOT COVERED BY 2.2.7.1 OR 2.2.7.2

The faculty member may request a review of his/her performance and/or position in any year.
In the event that the faculty member has not requested a review, the appropriate Dean(s) will initiate a review of all Adjunct Faculty and their positions during the third of every three years. Every faculty member should have an officially designated "primary department or program appointment" for the purposes of review and evaluation, although the Provost has the discretion under this provision to appoint a different chair and/or Dean to do the actual evaluation.
With a positive recommendation from the Dean, the Provost may elect to retain the non-tenure-track position and/or the person at 5/7th or greater for longer than three years without a national search or direct appointment (according to 2.2.7.1 and 2.2.7.2).
In the absence of a specific request by a faculty member, and because the Provost is responsible for identifying and justifying all faculty/administrative appointments at 5/7ths or greater that continue for three consecutive academic years but are not tenure-track, the Provost may initiate an individual review, as in 2.2.7.3.(2), or may choose not to do so.

2.3 SELECTION & APPOINTMENT PROCEDURES

2.3.1 SELECTION/APPOINTMENT OF RANKED FACULTY

Ordinarily, a search originates in and is conducted by an academic department or program. Before beginning the selection process, the department chair shall request the Dean of the School to secure written authorization from the Provost for a particular position, while the President approves the total number of new positions. After written authorization has been secured, the Dean will notify the department chair in writing and attach the documents listed below (2.3.1(3)). The chair bears responsibility for ensuring that the procedures below are followed, with particular emphasis upon selecting colleagues who support the mission of the College, meet the needs of the department or program, and help the College fulfill its commitment to diversity.
The department chair, in consultation with the ranked faculty in the department or program and the Dean of the School, appoints a Search Committee, chaired, whenever possible, by a tenured faculty member. In extraordinary circumstances (e.g., when hiring for a new program), an academic Dean may initiate a search. In such cases, the Dean shall appoint a faculty chair of the Search Committee who will carry out the search process; under these circumstances, the Dean maintains responsibility for ensuring that procedures are followed. In any case, the Committee shall include a faculty member from outside the department, preferably one from outside the School. For primarily traditional undergraduate appointments, the Committee should include a faculty member who has taught in and will represent the Collegiate Seminar.
The Committee shall consult the following documents provided by the Dean at the time of written approval:
- the College Mission statement;
- the Equal Employment Opportunity Recruitment document (available in Human Resources office);
- the Faculty Search Procedures statement (available in Human Resources office);
The Committee shall also consult directly with the Provost regarding approved procedures for the proactive recruitment of faculty.
Ranked faculty (that is, those on the Rank & Tenure roster) play an essential role in the recruitment and selection of new members of the faculty at Saint Mary's College. Accordingly, throughout the search and selection process, the Committee shall consult with all ranked department faculty and the Dean.
In order to meet the College's commitment to diversity, a good faith effort should be made to include at least one candidate, in the final list of candidates, from traditionally underrepresented groups (including but not limited to racial, gender, and disabled) in the field for which the search is occurring. To enable a faculty Search Committee to conduct the strongest possible search for underrepresented candidates, the Human Resources office will send to the faculty Search Committee chairperson a copy of the Faculty Search Procedures, which includes a section on underrepresented groups.

Before the actual search begins, the Search Committee will return their pro-active plan on the recruitment of underrepresented groups, to the Equal Employment Opportunity Committee chair and the appropriate Dean. The Equal Employment Opportunity Committee and the Dean will review the plan separately and then supply feedback and recommendations to the Search Committee.
The Search Committee shall narrow the pool of applicants to a list of candidates to be interviewed. This list, as far as possible, should reflect the College's commitment to its mission, department/program needs, equal employment opportunities, and diversity.

After choosing the final candidates, the Search Committee will submit an account of the actions taken according to their pro-active plan to the Equal Employment Opportunity Committee, Dean, and Provost. If the Dean and/or Provost finds that there has not been a good faith effort, the Dean and/or Provost will ask the Search Committee to make such an effort before the interviews can proceed.
Once the final list of candidates has been selected by the Committee, the Committee is responsible for arranging campus visits which shall include interviews with the Committee, the Dean, and the Provost.
Assuming that the list does reflect the view of the majority of ranked department members, the department chair or program director will forward it to the Dean of the School. If any ranked member of the department wishes a secret vote, the department chair or program director will conduct such a secret vote. In all cases, the chair or director will forward the ranked list of the candidates along with a written statement which supports the order of preference and vote tally (if such a vote were taken) to the Dean of the School. Any ranked faculty member who has a dissenting opinion regarding the ranked list may append this to the previous written communication within five working days. This communication and any appendices will also be shared with all ranked faculty members of the particular department or program.
The Dean shall review the recommendations. If the Dean does not agree with the first choice of the department or program, he/she shall meet with the department or program and attempt to reach an agreement on the candidate of choice. If no agreement is reached, the Dean shall send on to the Provost both the recommendations of the department or program and his/her own.
If the Provost does not agree with the first choice of the department or program, he/she shall discuss his/her reasons with the department or program and an attempt shall be made to resolve the difference of opinion.
If an agreement cannot be reached between the Provost and the department/program on the candidate of choice, the Provost shall offer the Search Committee, in consultation with the department/program and the Dean, a choice of one of the following options: terminating the search in its entirety, restarting the search, or re-interviewing one or more candidates. If the candidate of choice cannot be agreed upon between the Provost and the department/program and all options agreeable to both have been exhausted, the matter may be taken to the President for review, counsel, and resolution.
In cases of a proposed appointment at the Associate Professor or Full Professor level or an appointment with tenure, the Provost shall consult with the Rank & Tenure Committee regarding the appropriateness of the proposed rank before making his/her recommendation.
Appointments are made by the President, upon the recommendation of the Provost, acting upon the recommendations of the Dean of the School and the department or program.

2.3.2 SELECTION/APPOINTMENT OF NON-TENURE-TRACK FACULTY

2.3.2.1 VISITING FACULTY

The Provost recommends the appointment of Visiting Faculty to the President, upon the recommendation of the Dean.

The Provost may, but is not required to, interview final candidates or consult the Rank & Tenure Committee in recommending the appointment of Visiting Faculty.
With the exception of 1. and 2. in section 2.3.1, above, the guidelines for selection and appointment of ranked faculty should be followed in the case of Visiting Faculty.

2.3.2.2 ADJUNCT FACULTY AND LECTURERS

Adjunct Faculty are recommended for appointment by the Provost and the Dean of the School, upon recommendation of the department chair; department chairs should consult with ranked department faculty in making recommendations to the Dean.
Lecturers are recommended for appointment by the Dean of the School, upon the recommendation of the department chair.
The department chair is responsible for soliciting applications and for conducting initial interviews.
The President or his designee must approve all appointments by signing all faculty letters of appointment.

2.3.3 EQUAL EMPLOYMENT OPPORTUNITY

Saint Mary's College, as a Catholic institution dedicated to social justice in its institutional practices, supports equal opportunity employment practices in all its employment policies covering academic and non-academic personnel. On its position announcements, the College states that it seeks faculty who espouse or respect the Catholic tradition. In February 1971, the College first reaffirmed this general employment policy in a draft statement, which has been since revised from time to time and which now reads as follows:

Equal Employment Opportunity/Diversity Program

All members of the College community should be aware of the College's firm commitment to promote equal employment opportunity for all job applicants. The College is committed to the general policy of non-discrimination on the basis of race, color, religion, national origin, ancestry, marital status, gender, sexual orientation, age (40 years or older), medical condition, or physical or mental disability and is committed to recruiting and retaining a diverse student and employee population. Accordingly, we wish to affirm the following:

In recognition of the College's commitment to creating and retaining a diverse employee population, each Dean, director or head of an operating unit is directed to conduct an active search for and to give equal consideration to all applicants regardless of race, color, religion, national origin, ancestry, marital status, gender, sexual orientation, age, medical condition, or physical or mental disability as employment opportunities become available.
All proposed personnel changes involving appointments, renewal, promotion or termination will be previewed by the Provost for all faculty personnel, or the Director of Human Resources for all non-faculty personnel. The Director of Human Resources will have the general responsibility for informing Deans, directors and department heads of the College non-discrimination policy and of enforcing that policy.
All job vacancies will be listed with the Director of Human Resources, who is responsible for announcing all vacancies in such a way that all applicants, including but not limited to minorities, women and the mentally or physically disabled have an equal opportunity to apply and to be considered for vacant positions.
Since its inception, the College has followed the policy that a Christian Brother, if qualified, may be appointed to any position in the College without a position announcement. With that exception, and a limited list of other allowable exceptions available from the Director of Human Resources, the general policy of the College is that all vacant positions shall be announced publicly.
There will be an Equal Employment Opportunity Compliance Committee reporting to the Director of Human Resources (for description see 1.7.2.2). This Committee will have as its functions (1) to advise the Director of Human Resources as requested or as needed on equal employment opportunity policies and procedures in progress; and (2) consider any unresolved grievances which may arise alleging harassment (other than sexual harassment) or discrimination on the basis of race, color, religion, national origin, ancestry, marital status, gender, sexual orientation, age, medical condition, or physical or mental disability and to make appropriate recommendations to the President of the College, whose decision in all personnel matters is final, regarding such grievances.
The College recruits applicants in accordance with all applicable federal and state laws. Adequate records will be maintained to document placement interviews and the results of those interviews.
All personnel actions such as compensation and benefit decisions, transfers, layoffs and awarding tuition assistance, are administered by the College in a non-discriminatory manner.
All public college facilities are maintained on a non-discriminatory basis. Minority students maintain a cultural center in which all members of the College community are invited to participate.
All those with whom the College subcontracts will be notified of any commitments required under Executive Order 11246 and comparable federal and state laws and of their obligation as subcontractors.
The College pledges active support, when feasible and consistent with the mission of the College and applicable federal and state law, to local community and national action programs for equal opportunity in employment.
Notice of this Equal Employment Opportunity policy shall be distributed to members of the College community and equal employment opportunity posters are to be displayed in appropriate areas of the campus.

2.3.4 SECTION 504, REHABILITATION ACT OF 1973: COMPLIANCE

Saint Mary's College operates in accordance with Section 504 of the Rehabilitation Act of 1973. Section 504 is a Civil Rights Statute that guarantees rights to qualified disabled individuals. The Educational Policies Board, as advised by the Academic Support and Achievement Programs office, will review its requirements as needed in order to distinguish from what may be a carry-over of custom, past practice, or instructional habit, and explore and evaluate alternative approaches that are reasonable under the circumstances presented and under the law. The student should meet essential requirements of the program in some acceptable form. Employee inquiries concerning the law and compliance may be addressed to the Director of Human Resources. The Coordinator for Compliance with Section 504 for students is located in the Office of Academic Support and Achievement Programs. A statement of policies and procedures for qualified disabled students is available in the Office of the Dean for Academic Development.

2.3.5 AMERICANS WITH DISABILITIES ACT (ADA)

The Americans with Disabilities Act prohibits discrimination against the disabled in all phases of employment (including recruitment and hiring) and in their access to the facilities, goods and services of most public places, including all colleges, universities and other educational institutions.

A key issue under the ADA is determining the essential functions of the job. Essential functions are defined as "primary job duties that are intrinsic to the employment position." The law requires accommodations or other changes in the work environment, as well as in the way things are done, so that a qualified individual with a properly documented disability as defined by law will be given an equal opportunity to perform the essential functions of the job and to receive the benefits and privileges normally associated with the job, unless such accommodations cause an undue hardship on the College, which has the right and responsibility to determine the type of accommodation that is appropriate under the circumstances presented and under the law. Broader and more detailed than Section 504 of the Rehabilitation Act of 1973, the ADA is enforced by five federal agencies with coordination and monitoring by the Department of Justice.

Employee inquiries concerning the law and compliance may be addressed to the Director of Human Resources. The Coordinator for Compliance with Section 504 for students is located in the Office of Academic Support and Achievement Programs.

2.3.6 SPECIAL APPOINTMENT CATEGORIES

2.3.6.1 APPOINTMENT OF CHRISTIAN BROTHER

Since its inception, the College has followed the policy that a Christian Brother, if qualified, may be appointed to any position in the College without a position announcement. With that exception, and a limited number of other allowable appointments referenced in the Administrative/Staff Personnel Policies (4/97) V. A(1), available from the Director of Human Resources, the general policy of the College is that all vacant positions shall be announced publicly.

2.4 EVALUATION OF ADJUNCT FACULTY

For the purposes of evaluation, each faculty member should have a "primary department or program appointment" officially designated by the Provost. The chair of that department or director of that program conducts the teaching evaluation, although the Dean has the discretion to appoint someone from outside the department or program to "chair" the evaluation process if that would facilitate a more effective process. An evaluation will be based on at least two class visits, arranged in advance with the faculty member, and a review of all teaching evaluations since the most recent formal evaluation.
At the beginning of the third year of the position, the Dean will notify the faculty member in writing that the evaluation process has begun.
The faculty member may present any self-evaluation or other materials, including letters of support from students, staff, Saint Mary's College faculty, or professional associates outside the College, to the chair of the evaluation process. The chair may request specific materials from the faculty member or written comments from others whose experience with the faculty member would contribute to the evaluation.
The chair of the evaluation process will make a written report, sending it to the chair of the department or director of the program if that person is not conducting the evaluation, including in this case all material submitted by the candidate or solicited from others. The chair's written evaluation will not be confidential, but the confidentiality of the materials designated or deemed to be confidential by the chair must be maintained and will not be shared with the faculty member.
No later than the end of the semester in which the evaluation was conducted, the department chair or program director will meet with the faculty member to discuss the results. The Adjunct Faculty member will sign the written evaluation, although such signing does not necessarily indicate agreement with the content.
The faculty member may submit within two weeks a written response to be included in the file. A copy of the signed evaluation and any written response are then sent to the Dean.
The Dean is responsible for assuring that this evaluation and discussion have occurred according to the provisions above.
The evaluation file is kept in the Dean's office.
After the evaluation meeting (see (5) above), the faculty member may request that the Dean discuss any relevant institutional plan for the position in the future, such as conversion, consolidation, reduction in assigned courses, elimination or continuation (as specified in section 2.1.2). That information will be put in writing and subsequently sent to the faculty member concerned. In addition, the Dean will notify the faculty member in writing should any such plans be developed after that discussion during the remainder of that academic year.

2.5 RANK & TENURE RECORDS

2.5.1 FACULTY RANK & TENURE FILE

Faculty members may review their Rank & Tenure files in the Office of the Academic Affairs 24 hours after receipt of a written request by that office. File review guidelines are in the Office of Academic Affairs.

2.5.2 FACULTY RANK & TENURE ROSTER

(See section 2.6.2.1.1.)

2.6 PROMOTION & TENURE

2.6.1 STATEMENT ON CRITERIA FOR PROMOTION & TENURE

Faculty members at Saint Mary's College are participants in an intellectual, social, and spiritual community committed to ensuring that the College be an outstanding Catholic institution of higher education, dedicated to developing students' capacities for responsible independent thought, spiritual growth, active citizenship, and a productive life. Faculty members are retained and promoted for their skillful, dedicated teaching, scholarly vitality, and their effective service to the College community. Overarching and informing each of the criteria of teaching, scholarship and service must be the demonstrated commitment of faculty to the aims and ideals of the College, taking into consideration the nature, purposes and goals of specific programs. The Mission Statement of the College and the statement on the faculty of the College (see sections 1.1, 1.2) set forth the aims and ideals by which the faculty is challenged to guide its actions.

The successful pursuit of promotion and tenure thus requires serious engagement in a wide range of activities. Faculty members should make long-range plans for their own professional development to ensure that they meet the appropriate criteria. What follows is not a checklist, but rather a suggestion of general guidelines for evaluation.

Teaching Effectiveness

Teaching effectiveness is founded upon a clear command of subject matter, the skillful transmittal of knowledge, inspiring and fostering an active love of learning, and the communication of appropriate, high expectations of student performance. Because teaching is a profoundly human exchange between faculty and student, it requires interpersonal skills, organizational abilities, and a commitment to serve students in a respectful and honest manner.

It is the responsibility of faculty members to present clear evidence of their teaching effectiveness. The College recognizes several ways in which this can happen:

The development of courses appropriate to a faculty member's major field, the general education program of the College, and special curricular initiatives. Courses should reflect coherence, unity, and an appropriate balance between engaging a subject matter in depth and addressing the broad aims of a liberal education.
Conscientious preparation for classes. Course syllabi and assignments should reflect clearly defined academic objectives, expectations and standards. In the preparation of courses, teachers should hold before themselves the best scholarly standards of their disciplines. They should demonstrate current knowledge of the subject matter and its methodology, and creativity in the formulation of the syllabus.
Promoting intellectual stimulation and providing challenging learning experiences. Teachers are expected to be skilled in various modes of instruction. The teacher should communicate that understanding derives from an open mind, hard work, and rigorous thinking. Students should experience the rewards of commitment and self discipline in the pursuit of knowledge.
Clearly defined and appropriate means of assessing student learning. Through evaluation procedures and grading policies, teachers should communicate that excellence requires not only intellectual curiosity and originality, but also the practice of the rigors and discipline of learning.
Critical self-evaluation. Through their response to student evaluations, peer reviews, administrative reviews, and self-checks, faculty members should demonstrate their capacity to improve as teachers.

Scholarly Interests and Pursuits

Saint Mary's College recognizes that intellectual growth and scholarly activity are closely related both to each other and to teaching effectiveness. Respecting the teaching mission of the College, Saint Mary's recognizes that faculty fulfill their responsibilities primarily through the teaching programs and curricula of the College. Scholarship aims not only at expanding the store of knowledge in the disciplines or in an interdisciplinary field, but also at enlightening the lives of our students with that knowledge as well as with the challenges and joys of its pursuit. Within areas of specialization, scholarly activity manifests itself in formal and concrete ways that help keep alive and current the skills indigenous to one's academic discipline. Scholarly activity and intellectual growth should be broadly defined, yet specifically demonstrated in order to be evaluated fairly and effectively. The demonstration of scholarly activity should include some form of public presentation and external peer review. The broad view recognizes the purposes of scholarship as:

Contributing to new knowledge and understanding in a basic discipline or field, including its pedagogy;
Developing greater expertise in one's discipline or in a related field of study;
Providing new insights into the connections between the disciplines and into the historical and philosophical underpinnings of one's area of expertise;
Enriching the intellectual lives of students by involving them as collaborators with faculty in original research;
Researching, developing and assessing new pedagogies and curricula (engaging in the scholarship of teaching and learning.)

It is the responsibility of faculty to present clear and public evidence of their scholarly performance and achievement. Since academic departments at Saint Mary's College are relatively small, review by academic colleagues outside the College is of some importance at each rank in maintaining a connection to the field and to academic colleagues with expertise in the specific area of inquiry. The forms which this presentation may take include, but are not limited to:

Delivery of research papers or lectures;
Awards for scholarly achievement;
creative achievement in the arts;
Acceptance to competitive structured programs of post-graduate study beyond that required for the terminal degree in one's field;
Published research through books, articles, reviews, and reports;
Activities related to professional practice where the faculty member's expertise or contribution can be evaluated. These activities represent the acquisition of significant knowledge or originality in the application of knowledge. Thus the College also recognizes the following evidence:
- Professional papers or reports, published or unpublished, which result from and/or describe consultancies;
- Courses or workshops, taught on a consultant basis or at Saint Mary's College, which demonstrate the faculty member's growth as a professional or increase his/her learning, expertise or skill;
- Participation in professional meetings, panels or workshops.
Other evidence that the faculty member has earned a sound professional reputation among academic colleagues outside the College.

Service to the College

A living commitment to our three-fold Mission calls for effective service to our students, our colleagues and the College: that service is both a privilege and a responsibility. Because we value broad representation of faculty (wherever possible) in the College's activities, and because the contribution of all members is required to sustain the community, we expect dedicated and effective service from every member of our community. We are especially committed to serving the full development of our students.

Expected service includes:

Conscientious and effective advising of students;
Participation in the work of departments, programs, and Schools, and in the governance of the College, for which service on School-wide and College-wide committees is one important element.
Attendance at departmental and committee meetings, general Academic Senate meetings, Commencement and other special convocations.

Service can also include (but is not limited to) the following activities:

Participation in co-curricular activities such as peer mentoring, student club and athletic team advising, and the production of campus-wide events;
Participation in activities inside the College such as colloquia, fora, public lectures, reading and study groups, which foster the intellectual community, institutional identity, and interschool/ interdisciplinary collaboration;
Helping to train and mentor new faculty;
Non-scholarly service to the larger intellectual, professional, and/or Lasallian community;
Service to the larger community in keeping with the College's Lasallian traditions and concern for social justice.

It is the responsibility of faculty to present clear evidence of their effective service to the College. Faculty service should be shared by all. A faculty member is not expected to serve at one time on more than one committee which has an intensive workload (e.g., Rank & Tenure, Academic Senate, or Educational Policies Board, and such other faculty committees as the Senate shall designate). During the academic year following a three-year continuous service commitment to committees with intensive workloads, a faculty member may request exemption from that year's faculty election process through the chair of the Elections Committee.

2.6.1.1 ADDITIONAL CRITERIA

Tenure: In addition to the criteria cited above, the following are included in view of the nature of tenure:

The needs of the College and the department;
The possession of the doctorate or other appropriate terminal degree, or its equivalent;
A special emphasis on the contribution and commitment to the aims and ideals of the College, and an active interest in the quality of the curriculum and the ability to work well with colleagues.

Promotion: The following special criteria apply to various ranks:

1. Assistant Professor

possession of the doctorate or other appropriate terminal degree or its equivalent is normally expected.
a promise of teaching effectiveness, scholarly achievement, and effective service (see section 2.6.1, Statement on Criteria for Promotion and Tenure).

2. Associate Professor

possession of. the doctorate, other appropriate terminal degree, or its equivalent ;
evidence of teaching effectiveness, scholarly achievement, and effective service (see section 2.6.1, Statement on Criteria for Promotion and Tenure);
since the rank usually accompanies tenure, note criteria for tenure above.
in cases where the faculty member is being considered at the same time for tenure and promotion to Associate Professor and is awarded tenure at that time, the decision to award tenure will also result in a concurrent promotion to the rank of Associate Professor.

3. Full Professor

possession of the doctorate, other appropriate terminal degree, or its equivalent;
high level of teaching effectiveness and continued development of teaching expertise, and
evidence of highly effective service to the College community in and beyond the level of the department, and
significant scholarly achievement, evidenced at least in part by peer review and public presentation among academic colleagues outside the College, and
a special emphasis on the contribution and commitment to the aims and ideals of the College, an active interest in the quality of the curriculum and the ability to work productively with colleagues.

Note: The President and the Provost, at their respective levels of review for promotion and tenure, will review the candidate's complete personnel file to ascertain if, during the time in which the candidate has been employed at the College, there has been a determination of violation of the College's non-discrimination and/or retaliation policies, including but not limited to the College's policy prohibiting sexual harassment. If such a violation has been found, the President and the Provost may take that finding into account when making a final decision regarding the faculty member's candidacy for promotion and/or tenure and will provide written explanation to the faculty member in question if there is a negative ruling resulting from such a review.

2.6.2 PROCEDURES FOR PROMOTION & TENURE

2.6.2.1 ELIGIBILITY

It is the responsibility of the faculty member to keep track of the schedule of Rank & Tenure reviews, and to keep those involved in the Rank & Tenure process apprised of an appropriate address and telephone number during the deliberation of the Rank & Tenure Committee and the considerations of the Provost. As a matter of courtesy, on or before June 15 of each year the Provost shall remind each person eligible for promotion or tenure. Those persons who are to be considered shall submit to the chair of the Rank & Tenure Committee, on or before September 1 for interim review and on or before October 15 for promotion, tenure, or pre-Professor review, the appropriately completed forms and whatever other information they deem important to the consideration of their cases (statements of activities, publications, honors, etc.).

2.6.2.1.1 FACULTY RANK & TENURE ROSTER

By September 1 of each year, the Provost will publish and the chair of the Rank & Tenure Committee will distribute to the faculty and the Student Rank & Tenure Committee a final Faculty Roster of tenure-track faculty (those who hold academic rank and who carry a full-time instructional load per scholastic year, those in the above category whose instructional and/or administrative duties have been the equivalent of a full-time instructional load, and those in the above category who (1) are on official full- or part-time academic, sick, family or medical leave, or pregnancy leave; (2) have tenure and are on sabbatical; (3) have tenure and have taken the option of a reduction in the full-time instructional load). The Faculty Roster will include the rank and number of years teaching at the College and at other colleges and the tenure status of each member.

2.6.2.1.2 PROMOTION

Faculty members will be considered for promotion in the year in which they reach the top step for their rank. They may choose to apply one year before they reach the top step for their rank, or they may chose to defer consideration for promotion until the first or second year after they reach the top step of their rank. Faculty must be considered for promotion in one of those four years. If promotion is denied, any subsequent request for said promotion is at the option of the faculty member; the application must adhere to the procedure described in section 2.6.2.2.

2.6.2.1.3 TENURE

The normal length of probationary tenure-track letters of appointment is one year; all such letters of appointment are eligible for consideration for annual renewal. The total length of the probationary tenure-track period at the College will not exceed seven years. Faculty appointed to a probationary tenure-track position can have up to a maximum three years of prior experience recognized toward tenure. Scholarly leave of absence for one year or less will count as part of the probationary period. In the case where a faculty member already has been granted the maximum years towards tenure (three), whether or not the scholarly leave of absence will count as part of this probationary period is subject to prior approval by the Provost.

Tenured appointments are permanent appointments which may be terminated under conditions noted in section 2.8.5, with the burden of proof resting upon the College.

2.6.2.2 FACULTY, DEPARTMENT & SCHOOL PROCEDURES

Sections 2.6.2.2 through 2.6.2.2.2 became effective July 1, 1998.

There are three distinct types of review: promotion, tenure, and interim reviews. In a given year a faculty member moving toward promotion and tenure can have overlapping reviews. In all cases, it is the faculty member's responsibility to be knowledgeable about his/her schedule for review. Department/School interim reviews, Rank & Tenure interim reviews, and tenure reviews occur according to the length of the candidate's in-residence probationary period. Promotion reviews occur according to the candidate's placement on the salary scale (see section 2.6.2.1.2).

Interim and Tenure Review Cycle by Length of In-Residence Probationary Period

	7 Years (No years granted toward tenure)	6 Years (One year granted toward tenure)	5 Years (2 years granted toward tenure)	4 Years (3 years granted toward tenure)
1.	No Review
2	Dept/School Interim Review	No Review
3.	Rank & Tenure Interim Review	Rank & Tenure Interim Review	Rank & Tenure Interim Review
4.	Rank & Tenure Interim Review	Rank & Tenure Interim Review	Rank & Tenure Interim Review	Rank & Tenure Interim Review
5.	Rank & Tenure Interim Review	Rank & Tenure Interim Review	Rank & Tenure Interim Review	Rank & Tenure Interim Review
6.	Rank & Tenure Tenure Review	Rank & Tenure Tenure Review	Rank & Tenure Tenure Review	Rank & Tenure Tenure Review
7.	Terminal year, if necessary	Terminal year, if necessary	Terminal year, if necessary	Terminal year, if necessary
Note: The timing of promotion reviews by the Rank & Tenure Committee depends upon the candidate's initial placement on the salary scale (see section 2.6.2.1.2)

Document Requirements

All original documents from all parties should be directed to the Office of Academic Affairs so they may be placed in the Rank & Tenure file.

Candidates should send copies of their self-evaluations for interim review, and Form A for tenure and promotion reviews to the department chairs/program directors and academic Deans of the Schools in those areas in which the candidate teaches more than one course per year; chairs and program directors should send copies of their evaluations to their Deans.

2.6.2.2.1 INTERIM REVIEWS CONDUCTED BY THE DEPARTMENT/SCHOOL

1. The interim review process provides the candidate, the department, the School, the Rank & Tenure Committee, and the Provost with the opportunity for adequate consideration over a reasonable period of time. All faculty moving toward promotion or tenure will have periodic reviews. There are two kinds of interim reviews, those conducted by the department/program/School (this section) and those conducted by the Rank & Tenure Committee (see section 2.6.2.2.2). It is the faculty member's responsibility to be knowledgeable about his/her schedule for interim reviews.

All probationary candidates shall be reviewed by their department/ program/School in the year(s) prior to the interim reviews conducted by the Rank & Tenure Committee. The department/program/School reviews occur according to the length of the candidate's in-residence probationary period. (See chart in section 2.6.2.2.)
Exceptions to the interim review schedule are to be granted only by the Provost in consultation with the Rank & Tenure Committee.
Department chairs and program directors shall complete these reviews on or before October 15.

2. The chairperson or program director is responsible for conducting department/program interim reviews of probationary candidates whose primary responsibilities lie in that department or program. If the chairperson or program director is not tenured nor on the Rank & Tenure roster, then a tenured member of the department or program shall be selected by the Dean of the School, after consultation with the tenured members of the department or program, to carry out interim reviews. If no tenured faculty exist, then the Dean, after consultation with the tenured members of the School, shall select a tenured member of the School to carry out the interim reviews. In either case the faculty member assuming these duties will receive appropriate compensation or reassigned time. The chairperson or director is charged with preparing a thorough written review of the candidate's performance in each criterion area (see section 2.6.1), which shall be provided to the faculty member and the Dean. A review shall include class visitations, formal consultation with other members of the department or program, including all ranked members, a thoughtful assessment of the candidate's scholarly plans and achievements and his/her service to the College, and a recommendation on reappointment or termination. In cases where the chairperson or program director, in formal consultation with ranked members of the department or program, does not recommend reappointment, the Dean of the School shall review the case and send it on to the Rank & Tenure Committee along with his/her own written recommendation, as prescribed in procedure 5 below.

3. A department chairperson or director of a program will solicit a letter from any other chairperson or director of a program in whose department or program the faculty member being reviewed has taught more than one course during each of the last three years (see sections 1.4.2.2.1 and 2.6.1.1).

4. A Dean of a School is responsible for ensuring that interim review procedures are correctly applied at the School level for all faculty whose primary responsibilities lie in a department of that School. A Dean of a School is not required to evaluate faculty whose primary responsibilities lie in a department outside the School, but who teach in the School.

5. In the case of an interim review of a probationary candidate conducted by the department chairperson or program director: If a Dean of a School concurs with the recommendation for reappointment, he/she shall inform the Provost and the chair of the Rank & Tenure Committee in writing on or before November 1; if the Dean of a School disagrees with the recommendation of reappointment, or agrees with the recommendation of termination, or disagrees with the recommendation of termination, the Dean shall send to the Rank & Tenure Committee, on or before November 1, the written recommendation of the department chairperson or program director together with his/her own written recommendation, stating the reasons for agreeing or disagreeing with the departmental recommendation. The Rank & Tenure Committee shall consider all evidence before making its recommendation, on or before December 1, to the Provost.

2.6.2.2.2 INTERIM REVIEWS CONDUCTED BY THE RANK & TENURE COMMITTEE

1. All probationary tenure-track candidates must have two interim reviews by the Rank & Tenure Committee prior to the year in which they are to be reviewed for tenure. These interim reviews will occur in the second year prior to the tenure year and in the first year prior to the tenure year, respectively. (See chart in section 2.6.2.2.)

2. Tenured Associate Professors. One interim review by the Rank & Tenure Committee shall occur for tenured Associate Professors. A person who is tenured but has yet to be considered for Full Professor must have an interim review before being considered for Full Professor. A candidate may choose to schedule this interim review no less than two years after tenure, nor more than four; however, in an instance in which a Full Professor consideration occurs in the first or the second year after tenure, there will be no need for an interim review.

3. Exceptions to the interim review schedule are to be granted only by the Provost in consultation with the Rank & Tenure Committee.

4. On or before June 15 of each year, the Provost shall remind faculty members of their impending reviews. Those persons to be considered for interim review, except pre-Professor, shall submit to the chair of the Rank & Tenure Committee, on or before September 1, whatever self-evaluation and appropriate information they deem important to the consideration of their cases (statements of activities, publications, honors, etc.). Those persons to be considered for pre-Professor review shall submit these materials to the chair of the Rank & Tenure Committee, on or before October 15. The candidate shall remind all chairpersons and program directors in which areas/ departments/programs the candidate has taught of their responsibilities to provide their evaluations of the candidate to the chair of the Rank & Tenure Committee.

5. The chairpersons, program directors, and Deans shall then submit letters of evaluation for interim review candidates, to the chair of the Rank & Tenure Committee, on or before October 15 for department chairs and program directors, and on or before November 1 for Deans. Letters of evaluation for pre-Professor review candidates shall be submitted to the chair of the Rank & Tenure Committee and to the appropriate Dean by department chairs and program directors, on or before December 1, and by Deans on or before December 15.

6. The chairperson or program director is responsible for conducting department/program interim reviews of probationary candidates whose primary responsibilities lie in that department or program. If the chairperson or program director is not tenured nor on the Rank & Tenure roster, then a tenured member of the department or program shall be selected by the Dean of the School, after consultation with the tenured members of the department or program, to carry out interim reviews. If no tenured faculty exist, then the Dean, after consultation with the tenured members of the School, shall select a tenured member of the School to carry out the interim reviews. In either case the faculty member assuming these duties will receive appropriate compensation or reassigned time. The chairperson or director is charged with carrying out a thorough review of the candidate's performance in each criterion area (teaching, scholarship, service). A review shall include class visitations, formal consultation with other members of the department or program, including all ranked members, a thoughtful assessment of the candidate's scholarly plans and achievements and his/her service to the College, and a recommendation on reappointment or termination. In addition, a department chairperson or director of a program is responsible for those interim review procedures dealing with teaching effectiveness, the needs of the College and the department, the quality of the curriculum, and the ability to work well with colleagues at the departmental level for all faculty who have taught more than one course in the department during each of the last three years (see sections 1.4.2.4.1 and 1.4.2.3.18).

7. A Dean of a School is responsible for ensuring that interim review procedures are correctly applied at the School level for all faculty whose primary responsibilities lie in a department of that School (see section 1.4.2.2.1). Unless requested by the Rank & Tenure Committee, a Dean of a School is not required to evaluate faculty whose primary responsibilities lie in a department outside the School, but who teach in the School.

2.6.2.2.3 PROMOTION & TENURE REVIEWS (effective July 1, 2000)

1. On or before June 15 of each year, the Provost shall provide a written reminder to faculty members of their impending reviews. Those persons to be considered shall submit to the chair of the Rank & Tenure Committee, on or before September 1 for interim review, and on or before October 15 for promotion, tenure, or pre-Professor progress reviews, whatever self-evaluation and appropriate information they deem important to the consideration of their cases (statements of activities, publications, honors, etc.). A faculty member who has previously been denied promotion and who wishes to be considered for promotion in the current year, must inform the Provost no later than September 1.

2. On or before September 1 of each year, the Provost shall provide a written reminder to the Deans of the Schools and the chairpersons of departments or directors of programs of the names of their faculty members who are to be considered for promotion or tenure. The chairpersons so notified shall then submit to the chair of the Rank & Tenure Committee, on or before October 15 for interim reviews, and on or before December 1 for promotion, tenure, or pre-Professor progress reviews, the appropriately completed forms and whatever other information they deem important to the consideration of their faculty members. The Deans so notified shall then submit to the chair of the Rank & Tenure Committee, on or before November 1 for interim reviews, and on or before December 15 for promotion, tenure, and pre-Professor progress reviews, a letter of recommendation and whatever other information they deem important to the consideration of their faculty members.

3. The chairperson or program director is responsible for conducting departmental/program promotion and tenure reviews of candidates whose primary responsibilities lie in that department or program (see sections 1.4.2.4.1 and 1.4.2.3.18). If the chairperson or program director is not tenured nor on the Rank & Tenure roster, then a tenured member of the department or program shall be selected by the Dean of the School, after consultation with the tenured members of the department or programs, to carry out interim reviews. If no tenured faculty exist, then the Dean, after consultation with the tenured members of the School, shall select a tenured member of the School to carry out the reviews. In either case the faculty member assuming these duties will receive appropriate compensation or reassigned time. In addition, a department chairperson or director of a program is responsible for reviewing all other faculty who have taught in the department or program during the last four years and who are being considered (see sections 1.4.2.4.1 and 1.4.2.3.1.8).

4. A Dean of a School is responsible for promotion and tenure review at the School level for all faculty whose primary responsibilities lie in a department or program of that School. Unless requested by the Rank & Tenure Committee, a Dean of a School is normally not required to evaluate faculty whose primary responsibilities lie in a department or program outside the School, but who teach in the School.

5. On or before June 15 of each year, the Provost shall notify the academic community, by means of a published list, of those persons who are to be considered for promotion or tenure. Members of the academic community will receive, as appropriate, Forms A or B. Form A is to be submitted by candidates for promotion or tenure. Form A asks the candidate for promotion or tenure to address the appropriate criteria listed in this Faculty Handbook, and to provide supporting evidence. Form B is to be submitted by the candidate's departmental or program chair. Form B asks the candidate's department or program chair to address the candidate's credentials in light of the Handbook criteria, to consider the assessments of the candidate's departmental or program colleagues, and to make an individual recommendation. The candidate's colleagues are asked individually to recommend promotion or tenure, addressing the Handbook criteria. Members of the academic community will submit to the chair of the Rank & Tenure Committee, before November 1, letters of evaluation. All letters of evaluation are confidential. Any such letters received by the Dean of the School, a department chairperson and by the Student Rank & Tenure Committee should be forwarded immediately to the chair of the Rank & Tenure Committee to be placed in the candidate's confidential Rank & Tenure file.

The calendar dates listed below indicate deadlines for submission of important materials for promotion, tenure, pre-Professor progress, and interim reviews conducted by the Rank & Tenure Committee. These dates have been established in order to allow for an orderly, efficient, and timely deliberation process for the Rank & Tenure Committee and the candidates for review. In particular, these dates have been established to provide useful and formative advice for interim review candidates and timely notification for promotion and tenure candidates.

Faculty should treat the deadlines as collegial guidelines. If a candidate for review anticipates a delay in the submission of evaluation materials, then the chair of the Rank & Tenure Committee should be notified in writing prior to the calendar deadline. The chair of the Rank & Tenure Committee and the candidate must negotiate a mutually agreed upon submission date and inform the department chair or program director, Dean, and the Rank & Tenure Committee.

The Rank & Tenure Committee, Provost, and President will endeavor to complete their work consistent with the schedule outlined in the calendar. These dates should not be interpreted as guaranteed by the candidates. Therefore, a missed deadline by the Rank & Tenure Committee, Provost, or President is not an event subject to Grievance (see section 2.16). The President will notify candidates in writing of any significant delay in the decision process.

On or before:
June 15	Draft Rank & Tenure Roster is distributed. Rank & Tenure Committee chair reminds faculty, department chairs/program directors and Deans of the impending reviews and the pertinent review dates.
September 1	Final Rank & Tenure Roster is distributed. Rank & Tenure Committee chair gives a list of candidates to the Student Rank & Tenure Evaluation Committee, which initiates the Student Rank & Tenure process. Rank & Tenure chair reminds all faculty that letters of evaluation for candidates for promotion to Professor or tenure are due no later than December 15. All candidates to be considered by the Rank & Tenure Committee for interim review, except for pre-Professor, must submit self-evaluations, together with other materials for consideration to the Rank & Tenure chair and department chairs/program directors.
October 15	All candidates to be considered by the Rank & Tenure Committee for promotion, tenure, or pre-Professor review must submit Form A together with other materials for consideration to the Rank & Tenure chair and department chairs/program directors. Chairs/program directors submit letters of evaluation for candidates for interim review.
November 1	Deans submit letters of evaluation for all candidates for interim review to the Rank & Tenure chair. Rank & Tenure chair circulates to the faculty a list of complete/incomplete interim review files.
December 1	Chairs/program directors submit letters of evaluation of candidates for promotion, tenure, or pre-Professor review to the Rank & Tenure chair.
December 15	Deans submit letters of evaluation of candidates for promotion, tenure, or pre-Professor review to the Rank & Tenure chair. Faculty submit letters of evaluation of candidates for promotion, tenure, or pre-Professor review to the Rank & Tenure chair. The Rank & Tenure chair sends letters to all faculty who were under interim review, with copies to the candidate's dean and department chair or program director. A copy of this letter is also sent to the Provost. Rank & Tenure chair circulates to the faculty a list of complete/incomplete promotion, tenure, or pre-Professor review files.
January 15	The Provost sends letters to all faculty who were under interim review regarding renewal/non-renewal of contracts, with copies to the candidate's dean and department chair or program director. Student Rank & Tenure Evaluation Committee submits letters of evaluation of candidates for promotion and/or tenure.
March 15	The Rank & Tenure chair sends letters to candidates for tenure, with copies to the candidate's dean and department chair or program director and the President. A copy of this letter is also sent to the Provost. The Provost will inform in writing the candidates for whom he/she is considering a negative recommendation of that fact.
April 1	The Provost sends letters of recommendation of candidates for tenure to the President.
May 1	The President sends out letters to candidates for tenure, with copies to the candidate's dean and department chair or program director. The Rank & Tenure chair sends out letters to candidates for promotion and pre-Professor review, with copies to the candidate's dean and department chair or program director. A copy of this letter is also sent to the Provost.
May 15	The Provost sends letters of recommendation of candidates for promotion to the President, with copies to the candidate's dean and department chair or program director. The Provost sends letters to faculty subject to pre-Professor review, with copies to the candidate's dean and department chair or program director.
June 30	The President sends letters to candidates for promotion, with copies to the candidate's dean and department chair or program director.

2.6.2.2.4 REVIEW OF DEPARTMENT CHAIRPERSON OR PROGRAM DIRECTOR

When a department chairperson or program director is scheduled to have a promotion, tenure or interim review, the Provost, appropriate School Dean and that chairperson or director will consult and select a tenured faculty member, normally from that department or program, who will serve as chairperson for the purpose of the review of that department chairperson or program director as described in sections 2.6.2.2.1 to 2.6.2.2.3.

2.6.2.3 RANK & TENURE COMMITTEE PROCEDURES

1. Although neither the Board of Trustees nor the College administration has formally agreed to the 1940 Statement and subsequent interpretive documents and is not legally bound to adhere thereto, nonetheless, in the matter of faculty tenure, promotion, non-reappointment and termination, the Rank & Tenure Committee, the College administration and the Board of Trustees respect and in general follow, as far as local conditions pertain, the 1940 Statement of Principles and subsequent interpretive comments (1940, 1970 and 1977) of the American Association of University Professors. However, in cases where differences occur between the Saint Mary's College Faculty Handbook and procedures and policies of the AAUP, the Saint Mary's College Faculty Handbook takes precedence.

2. Confidentiality

The deliberations and voting of the Rank & Tenure Committee are confidential to everyone except members of the Committee, the Provost, and the President. The recommendations of the Rank & Tenure Committee will be conveyed to candidates, their chairs, and their deans by the President or the chair of the Rank & Tenure Committee. Any other discussion of any of these matters by any member of the committee is a breach of confidentiality. It is the primary responsibility of all members of the Committee to ensure that confidentiality be maintained. Faculty members should not inquire about such confidential matters from members of the Rank & Tenure Committee.
While the Committee may agree to solicit additional information concerning candidates through the chair of the Rank & Tenure Committee, individual Rank & Tenure Committee members must not solicit such information. Members of the committee may, however, carry out their parallel responsibilities of contribution to the departmental review of a candidate. In doing so, they must rigorously avoid using their position as members of the Rank & Tenure Committee to sway judgments of others participating in this review.
The chairperson's or program director's letter and the Dean's letter setting forth their recommendations in a Rank & Tenure case will be shared with the candidate no later than the time of its submission to the Rank & Tenure Committee. The Dean, chairperson or program director, and the Rank & Tenure Committee shall not include or reference confidential materials in the candidate's file in a manner which could reveal their existence or their source.
If a question arises concerning a breach of confidentiality or misuse of the information gathering process by a member of the Rank & Tenure Committee, the other members of the Committee should consider the matter together and take whatever action the Committee deems appropriate.
Other than current members of the Rank & Tenure Committee, those who have access to confidential information in Rank & Tenure files are the President, the Provost, the Dean of the School for school faculty, and department chairpersons (or program directors) for department faculty (or program faculty). (See Review of Department Chairperson or Program Director, section 2.6.2.2.4.)
The minutes of the Rank & Tenure Committee meetings are confidential. Normally, in addition to the members of the Committee, only the President has access to them. However, members of the Grievance Committee who are hearing appeals of cases alleging inadequate considerations or violation of academic freedom (see Grievance, section 2.16.), and the members of the Board of Trustees who are hearing appeals of cases alleging a violation of academic freedom only (see Grievance, section 2.16.3., Step IV), have access to the confidential material that was available to the Rank & Tenure Committee, as well as the minutes of the Rank & Tenure Committee meeting(s) pertaining to the case(s) being appealed. All having such access are bound by the same confidentiality which binds the Rank & Tenure Committee.

3. Voting

The Rank & Tenure Committee may conduct business with a quorum of seven members, but it endeavors to conduct business only when all nine regular members are present. Any member who has a defined role (e.g., department chair or program director) in the recommendation for a candidate shall excuse him/herself from the voting. If another member believes that he/she would not be able to cast a vote, then he/she will recuse himself/herself from the discussion and vote for that case.
If any member of the Rank & Tenure Committee judges that he/she has had insufficient time to read all pertinent materials of a particular case, he/she may request the case be continued to a later meeting.
If a member of the Committee judges that the information submitted on a candidate for promotion or tenure is insufficient, he/she may move to table the voting until the Committee believes sufficient information is available.
In making recommendations concerning cases involving interim review, promotion, and/or tenure, the Committee will vote by secret ballot. Tally of votes is recorded only in the minutes.
A minimum of five votes, either positive or negative, are required to make a recommendation for the Rank & Tenure Committee.Only positive or negative votes shall be cast. In case of a tie vote, further discussion and a new vote will occur at the next meeting in which at least seven members are present unless the Committee decides otherwise by unanimous consent.

4. The Rank & Tenure Committee endeavors to complete its recommendations by the last day of classes in May.

2.6.2.4 STUDENT RANK & TENURE COMMITTEE PROCEDURES

1. By September 1 of each year, the Provost shall present to the Student Rank & Tenure Committee chairperson the names of undergraduate faculty members of the Schools of Liberal Arts, Science, and Economics and Business Administration, who will be considered for promotion and tenure review during that year.

2. The Student Rank & Tenure Committee chairperson meets with the Rank & Tenure Committee at the latter's organizational meeting in the fall term to present a description of the student committee's techniques for evaluating and recommending candidates for tenure and promotion.

3. Members of the Student Rank & Tenure Committee will endeavor to distribute teaching evaluation forms during the fall term in the classes of candidates for promotion and tenure. Members of the Student Rank & Tenure Committee will be given access through the Office of Academic Affairs to the previous spring teaching evaluation forms for all such candidates.

4. The Student Rank & Tenure Committee presents formal written recommendations on promotion and tenure to the Rank & Tenure Committee no later than January 15.

5. During the Spring Term, members of the Student Rank & Tenure Committee assist the Office of Academic Affairs staff in conducting course evaluations for those instructors potentially under review by the Faculty Rank & Tenure Committee the following academic year.

2.6.2.5 RECOMMENDATION & DECISION PROCEDURES

Interim Review

1. All interim review decisions of the Rank & Tenure Committee, whether positive or negative, are recommendations to the Provost and go first to the Provost for consideration before a final decision regarding reappointment is made. (See section 2.8.3.1 for additional information regarding negative decisions.)

When the Provost has reached a decision, the candidate receives both the letter of the Rank & Tenure Committee, signed by its chair, and a letter signed by the Provost announcing that decision, with a copy to the faculty member's Dean and department chair or program director.
Each group of interim letters (e.g., fourth-year review) should go out to individual faculty members at the same time.

Tenure

1. All decisions on tenure by the Rank & Tenure Committee, whether positive or negative, are recommendations to the President, who grants or denies tenure.

When a positive decision has been made by the Rank & Tenure Committee, the Chair sends a letter to the candidate, with a copy to the candidate's dean and department chair or program director and the President, and a copy to the Provost for consideration.
When the Provost's decision is also positive, the letter from the Rank & Tenure Committee chair and a letter stating the Provost's agreement are forwarded together to the President.
When the Provost is considering rendering a negative decision, the Provost shall inform the candidate in writing. If the candidate so desires, the Provost shall discuss the basis for the negative decision with the candidate.
i. The candidate shall have fifteen (15) working days from the date of posting of certified mail from the Provost to submit to the Provost his/her written response to the negative decision, including any additional materials for consideration.
ii. After receiving the candidate's reply, or after the allotted time for the candidate's reply has passed, whichever comes first, the Academic Provost will then make a formal decision and write a letter to the President.
iii. The Provost will send that letter together with the letter from the Rank & Tenure Committee and any timely response from the candidate (including additional materials for consideration) directly to the President at the same time.
When a negative tenure decision has been made by the Rank & Tenure Committee, the Chair of the Committee shall inform the candidate in writing of its recommendation against tenure, copying that letter to the President, the candidate's dean and department chair or program director, and send that letter to the Provost for consideration.
i. The candidate shall have fifteen (15) working days from the date of posting of certified mail from the chair of the Rank & Tenure Committee to submit to the Provost his/her written response to the decision, including additional materials for consideration.
ii. After the allotted period of time for the candidate's reply has passed, or a reply has been received, whichever occurs first, the Provost will make a decision.
iii. The Provost will convey the decision in a letter to the President, which will be forwarded at the same time as any timely response (including additional materials) from the candidate, and the letter from the Rank & Tenure Committee, signed by the chair.

2. Upon receipt of the recommendations and the candidate's written response (if timely made) the President of the College shall review the recommendations and the candidate's written response and make the final decision as to the granting or denial of tenure.

3. If the President disagrees with the recommendations of the Rank & Tenure Committee and/or the Provost to grant tenure in a tenure consideration, the President will meet with the Rank & Tenure Committee or, if his disagreement is with the Provost alone, with the Provost, to discuss the case. If, after such meeting and discussion, the President still disagrees with the recommendation(s) in a case where the President intends to deny tenure, the President shall inform the faculty member in writing of the President's decision to deny tenure and will inform the candidate of the recommendations of both the Rank & Tenure Committee and the Provost. If the faculty member so requests, the President will give (the) reasons for denial of tenure orally, in person or by telephone, to the faculty member. If the faculty member so requests, the President will give the faculty member a written statement of the reasons for denial of tenure.

4. The President will inform all candidates in writing of his decision to grant or deny tenure. To the extent possible, notification to the candidates of tenure decisions will be made at approximately the same time. In all cases where the President's decision is to deny tenure, the President shall inform the candidate in writing of the President's decision and the recommendation (to recommend or deny) of the Rank & Tenure Committee, and the recommendation (to recommend or deny) of the Provost.

5. Following notification to the candidate of the President's decision, the candidate may appeal the President's decision to deny tenure according to the Appeal Procedures.

Promotion

All decisions on promotion by the Rank & Tenure Committee, whether positive or negative, are advisory to the President, but are sent first to the Provost for consideration. When the deliberations of the Rank & Tenure Committee are completed, the Rank & Tenure Chair sends a letter announcing its recommendation to the candidate and a copy of that letter to the Provost. The Provost arrives at a separate decision, based on a review of the evidence gathered in the formal Rank & Tenure process and any new materials submitted by the candidate after the Rank & Tenure Committee decision. The Provost will indicate in writing to the President whether he concurs with the recommendation of the Rank & Tenure Committee and forward to the President both that written concurrence and the letter from the Rank & Tenure Committee. If the Provost does not concur with the recommendation of the Rank & Tenure Committee, he will write a separate letter and forward this to the President along with the letter from the Rank & Tenure Committee. The President shall make his decision based on the stated Faculty Handbook criteria for promotion and tenure, after reviewing the evidence gathered in the formal Rank & Tenure process and any additional materials submitted by the candidate to the Provost pursuant to notification of a negative Rank & Tenure Committee or Provost's decision.

2.6.3 ADVANCEMENT, TENURE & PROMOTION OF ACADEMIC ADMINISTRATORS

1. Academic administrators with faculty rank are those who meet the following criteria:

Regular faculty status, granted according to the same standards that apply to other members of the faculty.
Administrative duties of a genuinely academic character, that is, directly concerned with the academic program or with the academic preparation of students (e.g., President, Provost, Vice Provost of Academic Affairs, Dean of a School).

2. In disputed cases, the Rank & Tenure Committee should determine whether an individual administrator meets both of these criteria.

3. Academic administrators with faculty rank are considered in the same category as full-time faculty members for purposes of tenure and promotion, even though their teaching duties may be part-time or may be interrupted entirely by administrative duties. Like other faculty members, they progress one step within rank each year.

4. With regard to promotion and tenure, the same procedures should be followed as far as possible for academic administrators as for other members of the faculty.

5. The Provost and Vice Provost of Academic Affairs will be reviewed by the Rank & Tenure Committee. The committee shall use its discretion in finding means to conduct the fullest possible evaluation, including personal interview with the candidate. Recommendation should be made by the chairperson of the Academic Senate to the President of the College.

6. Promotion and the granting of tenure to academic administrators should be governed by the same criteria that are applied to other faculty members (with the exception that the academic administrator is regarded as full-time regardless of the extent of his/her teaching duties).

7. The Rank & Tenure Committee makes no recommendation directly on the appointment and retention of academic administrators who are appointed in their administrative capacity by the President of the College. It does make recommendations on their rank and promotion and tenure.

2.7 TENURE

(see section 2.6)

2.8 SEPARATION

2.8.1 RESIGNATION

Resignation with Notice

A faculty member may resign his/her appointment, usually effective at the end of the academic year. The member should give notice in writing of his/her intention to resign as soon as possible, but not later than June 1.

Resignation by Default

Resignation of a faculty member is presumed if the annual letter of appointment is not signed and returned to the Director of Human Resources within the time stipulated in the letter of appointment.

2.8.2 RETIREMENT OF TENURED FACULTY MEMBERS

1. A tenured faculty member intending to retire is urged to inform in writing the department chairperson and/or program director, and the Dean of the School of his/her decision to retire at least one year prior to the expected retirement date, so that the department/program can make appropriate plans.

2. A tenured faculty member intending to retire must submit a letter to his/her department chair/program director, and Dean indicating this decision and the effective date of retirement so that the department/program can make appropriate plans.

3. A tenured faculty member considering retirement, or wishing to retire, should consult the Human Resources office regarding social security, as well as TIAA-CREF illustrations of projected income and other benefits under the College's retirement plan at least six months in advance of expected retirement date. (Refer to Retirement, section 2.14.9.)

2.8.3 NON-REAPPOINTMENT OF TENURE-TRACK FACULTY

2.8.3.1 NOTICE OF NON-REAPPOINTMENT OF PROBATIONARY TENURE-TRACK FACULTY

1. As part of the interim review process, the Rank & Tenure Committee may recommend non-reappointment to the Provost, in which case the Rank & Tenure Committee will notify the candidate's Dean and department chairperson/program director of the Rank & Tenure Committee recommendation.

2. The decision not to renew the term appointment of a tenure-track faculty member, before his/her tenure consideration year, is made by the Provost in consultation with the Dean of the candidate's School and with his/her department chairperson/program director.

3. A faculty member who is not reappointed may appeal the decision by the Provost to the Grievance Committee (see section 2.16).

2.8.3.2 STANDARDS OF NOTICE FOR PROBATIONARY TENURE TRACK APPOINTMENTS

1. Full-time, tenure-track faculty members in their first academic year of service must be notified in writing by the Provost of non-reappointment or intention to recommend non-reappointment not later than March 1 of that year or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination.

2. Full-time, tenure-track faculty members in their second year of service must be notified in writing by the Provost of non-reappointment or of the intention to recommend non-reappointment not later than December 15 of that year or, if the appointment terminates during the academic year, at least six months in advance of its termination.

3. Full-time, tenure-track faculty members in their third year or later of academic service must be notified in writing by the Provost of non-reappointment or of intention to recommend non-reappointment no later than June 30 of that year or, if the one-year appointment terminates during an academic year, at least 12 months in advance of the expiration of their appointments.

2.8.4 ISSUANCE OF LETTERS OF APPOINTMENT FOR NON-TENURE TRACK FACULTY

Appointment as a non-tenure-track faculty member is for a set number of courses and a set term and does not imply any continued employment beyond the date set forward in the letter of appointment. However, in the case of a full-year appointment, the College will indicate no later than December 15 of the current appointment year whether the College anticipates offering a subsequent letter of appointment. This does not apply to appointments for only one semester, quarter, or term, even when those appointments are combined with non-teaching duties at the College. All of these conditions will be reflected in the letter of appointment issued by the College.

2.8.4.1 RETIREMENT OF NON-TENURE-TRACK FACULTY

If a non-tenure-track faculty member anticipates retirement and has retirement benefits, he/she should follow the procedures outlined in section 2.8.2.

2.8.5 TERMINATION OF AN APPOINTMENT BY THE COLLEGE

Termination of an appointment with continuous tenure or of a probationary or temporary appointment before the end of a specified term, will be by the President (unless otherwise noted below) for adequate cause, as follows:

2.8.5.1 GENERAL FINANCIAL EXIGENCY

Termination may result because of a general state of financial exigency which threatens the survival of the College. In advance of a declaration of a state of general financial exigency, the President and the Chief Financial Officer will explain the financial state of the College, and will involve the faculty, including the Faculty Welfare Committee, in a discussion regarding what steps can be taken to avoid the declaration of general financial exigency by the Board of Trustees. Upon designation of a general financial exigency by the Board of Trustees an Ad Hoc Committee on Termination shall be appointed by the chair of the Academic Senate with the advice and consent of the Senate. The Ad Hoc Committee on Termination shall consist of six tenure-track faculty members, one from each School, and the chair of the Academic Senate, who shall serve as a non-voting chair of the committee. The Ad Hoc Committee on Termination shall establish criteria for termination and shall identify those to be terminated. Any faculty member identified as one to be terminated has the right to a review hearing. Every effort will be made to place the faculty member in another position in the College for which the person is qualified. In such circumstances the Provost, Chief Financial Officer, chair of the Faculty Welfare Committee and chair of the Academic Senate will constitute a committee to review the budget situation and to make a recommendation to the President as to whether an appropriate severance package would be awarded. If, during a three-year period the position is reopened, the terminated faculty member will have the option of assuming his/her former position.

2.8.5.2 DISCONTINUANCE OF AN ACADEMIC PROGRAM OR DEPARTMENT NOT MANDATED BY GENERAL FINANCIAL EXIGENCY

The decision to discontinue an academic program or a department where there are tenured or tenure-track faculty not covered by a state of financial exigency shall be based on educational considerations. The Educational Policies Board shall examine the evidence presented by the Dean of the School in which the program or department resides and shall recommend action to be taken by the Academic Senate. The program or department may not be discontinued until such a recommendation is approved by the Academic Senate and the Provost according to established procedures (see section 1.6.1.2). If a tenured faculty member is displaced by the discontinuance of a program or department, the College has the obligation to appoint the individual to another position for which he/she is qualified and which is not occupied by another tenured faculty member. Similarly, if a tenure-track, non-tenured faculty member is displaced by the discontinuance of a program or department, the College has the obligation to appoint the individual to another position for which he/she is qualified and which is not occupied by a tenure-track or tenured faculty member. If, during a three-year period, the department or program is reopened, the terminated faculty members, in order of their College employment seniority, will have the option of assuming their former positions during the first year the program or department reopens. A faculty member may request a formal review hearing by an ad hoc faculty committee appointed by the Academic Senate regarding his/her reassignment. In such circumstances the Provost, Chief Financial Officer, chair of the Faculty Welfare Committee and chair of the Academic Senate will constitute a committee to review the budget situation and to make a recommendation to the President as to whether an appropriate severance package would be awarded.

2.8.5.3 MEDICAL REASONS

Termination will be based on clear and convincing medical evidence that the member cannot continue, with or without reasonable accommodation, to fulfill the terms and conditions of appointment. The evidence will be reviewed in confidence by the Rank & Tenure Committee if requested by the faculty member. Severance salary will be offered.

2.8.5.4 FAILURE TO OBSERVE CONDITIONS FOR LEAVE OF ABSENSE OF SABBATICAL

If a faculty member fails to observe the conditions mutually agreed upon in writing for a leave of absence or a sabbatical, he/she may be subject to a hearing of the Grievance Committee called at the request of his/her department chair, appropriate Academic Dean, or the Provost to recommend whether there is cause for termination. The party bringing the complaint shall present a written case for termination to the Grievance Committee and the faculty member. The Committee will set a time for meeting and will give the faculty member an opportunity to present his/her own case. When the Committee has reached a recommendation, it will notify all parties. The Provost will render the decision whether to terminate the employment of the faculty member. If his/her decision is different from the recommendation of the Grievance Committee, the Provost will set out his/her reasons. The decision of the Provost may be appealed by the faculty member concerned directly to the President. In all instances, the President's decision shall be final.

2.8.5.5 UNFITNESS

Unfitness to perform in a professional capacity will constitute cause for termination. Unfitness includes, but is not limited to, incompetence, dereliction of duty, transgression of academic freedom (section 2.9.1), violation of law directly interfering with the performance of one's faculty responsibilities (e.g., failure to comply with the College's non-discrimination policies), and immoral conduct in the performance of his/her duty. The faculty member's department chair, appropriate Academic Dean, or the Provost will present a case for termination to the Grievance Committee. The Committee will set a time for meeting and will give the faculty member an opportunity to present his/her own case. When the Committee has reached a recommendation, it will notify all parties. The Provost will render his/her decision whether or not to terminate the employment of the faculty member. If his/her decision is different from the recommendation of the Grievance Committee, the Provost will set out his/her reasons. The decision of the Provost may be appealed by the faculty member concerned directly to the President. In all instances, the President's decision shall be final.

If in the judgment of the Administration, there is a likelihood of immediate harm to student(s), other faculty, or the faculty member him/herself, the faculty member may be suspended with pay pending the resolution of the hearing, decision, and appeal process.

2.9 FACULTY RIGHTS AND RESPONSIBILITIES

2.9.1 ACADEMIC FREEDOM AND RESPONSIBILITY

Saint Mary's College's ability to perform its Mission depends on the vigorous and unimpeded exercise of the Faculty's academic freedom. The common good of our Catholic, Lasallian, and Liberal Arts community depends on the free search for truth and its exposition.

Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental for the protection of the rights of the teacher in teaching and of the student to freedom in learning. It carries with it duties correlative with rights.

ACADEMIC FREEDOM

All Saint Mary's faculty are entitled to full freedom in research and in the publication of the results, subject to adequate performance of their other academic duties.
Faculty are entitled to freedom in the classroom in discussing their subject or area of professional expertise, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject or area of expertise. Faculty have a particular obligation to promote conditions of free inquiry, discussion, and expression.
Saint Mary's College faculty are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they are free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational

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