13.1 Promotion and tenure are milestones in the continual process of faculty development. Bargaining Unit Faculty have the responsibility to help in the development of their colleagues. The University and AAUP-WSU affirm that faculty promotion and tenure are indispensable for the proper functioning of the University. Tenure ensures the retention of talented permanent faculty, secures faculty autonomy and forms the basis for the development of an intellectual community. Above all, tenure protects the academic freedom of faculty to conduct their teaching and research without constraint by interests both inside and outside the University or economic pressures.

13.2 Definitions

13.2.1 Promotion is the advancement in professorial rank according to each department’s bylaws

13.2.2 Tenure is a commitment by the University to provide continuous appointments which can be terminated only by resignation, retirement, removal for cause (Article 15), or retrenchment (Article 17).

13.2.3 A Probationary Period consists of the time during which an untenured Bargaining Unit Faculty Member is eligible to work toward tenure.

13.2.4 Matrix Bargaining Unit Faculty Members are those Members who are eligible for continuances in the Boonshoft School of Medicine. Likewise, a matrix department is one in which a majority of the BUFMs are eligible for continuances in the Boonshoft School of Medicine.

13.2.5 The Promotion and Tenure Document consists of the items specified in section 13.10.1 and its subsections that the candidate seeking promotion and/or tenure submits to the Department Chair.

13.2.6 The Promotion and Tenure File consists of the Promotion and Tenure Document and additional items specified in Section 13.12 and its subsections.

13.3 Promotion and Tenure Records

13.3.1 Beginning September 1, 2002 the University shall maintain in Department or College offices the following items (to the extent such items exist as of September 1, 2002, or are thereafter created) for each Bargaining Unit Faculty Member:

• the original letter of appointment as a Bargaining Unit Faculty Member (13.4) and any attachments, addenda, and superceding letters;
• a copy of the departmental criteria for promotion and tenure applicable at the time of appointment (13.4.2);
• a signed copy of any written agreements about changes to the probationary period pursuant to Sections 13.3.5 - 13.3.7;
• annual evaluations by the Department Chair (11.2.1) and any written rebuttals to the annual evaluation (11.4);
• peer evaluations of teaching (11.5.1);
• annual statements summarizing cumulative progress toward tenure from the Department Chair (11.5.2) and from the Department Promotion and Tenure Committee (11.5.3);
• annual or triennial statements summarizing cumulative progress toward promotion from the Department Promotion and Tenure Committee (11.6);
• Student Evaluation of Instruction forms or transcribed comments and all quantitative reports received by the Department Chair during at least the past seven years (12.1.1 & 12.1.2).

13.3.2 When removing student evaluation forms, transcribed comments, or quantitative reports, the university will send them to the Bargaining Unit Faculty Member to whom they pertain.

13.3.3 The University shall maintain copies of all Promotion and Tenure Files submitted by deans to the University Promotion and Tenure Committee.

13.4 Letters of Appointment

13.4.1 At the time of initial appointment, a Bargaining Unit Faculty Member beginning a period of probationary tenure-track service shall be provided with a written statement outlining for the Member:

• initial teaching responsibilities;
• any special equipment or other special resources (including initial access to lab space) necessary for the Member’s research to be provided by the University;
• reporting structure;
• applicable departmental criteria for promotion and tenure;
• maximum length of the probationary period.

These items must be incorporated into the letter of appointment or attached to it. In addition, the letter of appointment must state that on accepting the offer and beginning employment as a tenure track faculty member, the candidate will be covered by this collective bargaining agreement. If the Member is to begin employment during the Winter or Spring quarters, the letter must include an explanation pursuant to Section 11.7.3. A copy of the Collective Bargaining Agreement (CBA) and Department Bylaws will be provided with the letter of appointment or alternatively the letter will contain a web address with a link to the current CBA and Department Bylaws. AAUP-WSU will be provided with copies of all letters of appointment.

13.5 Probationary Periods

13.5.1 The maximum duration of the probationary period shall be no more than two years for Professors, three years for Associate Professors, and six years for Assistant Professors.

13.5.2 Any tenure-track Assistant Professor who leaves the University before the end of the probationary period and then is rehired by the University as a Bargaining Unit Member will normally have a probationary period equal to six years minus the number of full years he or she was previously employed on a tenure-track at the University. If the individual’s absence from Wright State was for three full years or longer, then the probationary period will be at least three years. If during her or his absence from Wright State the individual obtains a terminal degree in a new field, then the restrictions to the probationary period pursuant to 13.5.2 will not apply.

13.5.3 If a Bargaining Unit Faculty Member begins employment January 1 or later, the partial academic or fiscal year shall not count as part of the probationary period.

13.5.4 Bargaining Unit Faculty Members may be granted, upon request, a one-year extension of the probationary period because of any of the following:

• the birth of a child or adoption of a child under age six;
• the need to devote substantial time to the care of a seriously ill or injured person (see Section 13.5.4.1);
• serious illness or injury of the untenured Bargaining Unit Faculty Member (see Sections 13.5.4.1 and 13.5.4.2);
• active military service as a member of the National Guard or Reserves for a period of time exceeding four months (see Section 13.5.4.3);
• an unpaid leave of at least two quarters duration, including FMLA leave, that has been granted by the University, unless the leave is for a visiting professorship at another university;
• other reasons for which there is a signed agreement between the University and the AAUP-WSU.

13.5.4.1 With a request for extension of the probationary period related to serious illness or injury, the Member should submit a letter from an appropriate, licensed medical or mental health professional concerning the illness or injury.

13.5.4.2 The University has the right to require a second opinion to confirm the diagnosis and the potential limitations it places on the Bargaining Unit Faculty Member. If the University requires a second opinion, it will be at the expense of the University.

13.5.4.3 The University and AAUP-WSU will jointly determine the number of one-year extensions granted for military service. A Bargaining Unit Member must submit a written request to the Office of the Provost and AAUP-WSU, including proof of military service, within 60 calendar days after returning to work at the University.

13.5.4.4 An extension of the probationary period may be granted only if one of the following conditions is met:

• The Member has not yet begun the third year of the probationary period.
• The Member has not yet begun the fifth year of the probationary period, and the Member’s statements summarizing progress toward tenure (13.7.1) confirm that his or her accomplishments in teaching, scholarship, and service were progressing appropriately toward meeting the criteria for tenure.
• The Member’s statements summarizing progress toward tenure (13.7.1) confirm that (1) her or his accomplishments in teaching and service meet the bylaws-specified criteria for tenure, and (2) the Member has completed at least 50% of the scholarship required by the bylaws (publications accepted, grants funded, and the equivalent).

13.5.4.5 A request to extend the probationary period must be made by May 1 of the next-to-last academic year of the probationary period [that is, must be made at least five months before the Promotion and Tenure Document submission deadline of October 1 (13.13.4) in the final year of the probationary period]; it must be made in writing to the Dean, with a copy to the AAUP-WSU. If the request is made after the Member has begun the third year of the probationary period, the The Dean will seek recommendations regarding progress toward tenure from the Department Chair and Department Promotion and Tenure Committee. In all cases, the Dean will , consult with the Provost, determine whether to grant an extension of the probationary period, and notify the Bargaining Unit Faculty Member within thirty (30) working days after receiving the request. However, when a request is received after May 1 and the majority of the Department Promotion and Tenure Committee’s members are on academic appointments, the Dean’s notification will be no later than October 1.

13.5.4.6 Under exceptional circumstances, a Member may be granted a second one-year extension for any of the reasons specified in Section 13.5.4. The University and AAUP-WSU will jointly determine whether to grant a second one-year extension.

13.6 Termination of an untenured Bargaining Unit Faculty Member

13.6.1 An untenured Bargaining Unit Faculty Member who

• fails to obtain tenure during the probationary period; or
• fails to complete, within one year of the initial appointment date, any degree specified as required in the appointment letter

will be terminated after one additional year of service, during which the Member will not be considered for tenure. Moreover, the completion of any degree will not reverse the termination.

13.6.2 An untenured Bargaining Unit Faculty Member may be terminated because of

• deficient performance in teaching, scholarship or service (13.6.3);
• offenses defined in Section 13.6.4; or
• retrenchment (Article 17).

13.6.3 The Dean may terminate an untenured Bargaining Unit Faculty Member for deficient performance in teaching, scholarship or service. Before deciding to do so, the Dean must consult with the Department Promotion and Tenure Committee. The Committee will have the opportunity to meet, to discuss the case, and to make recommendations to the Dean before the Dean makes any decision regarding termination for deficient performance.

13.6.3.1 If the Dean does terminate an untenured Bargaining Unit Faculty Member for deficient performance, the Dean will notify the Member in writing, with a copy to AAUP-WSU.

13.6.3.2 If the written notice of the termination for deficient performance is made by February 1 of the probationary period’s first year, no further requirements apply. Otherwise, the termination for deficient performance can occur only if (1) such deficient performance was specified in a written evaluation, (2) at least two academic quarters were given to address any deficiency, and (3) any deficient performance continued; and, the written notice shall be made at least twelve months in advance of termination of employment.

13.6.4 Untenured Bargaining Unit Faculty Members can also be terminated pursuant to Article 15 for any of the reasons set forth in section 15.3.

13.6.4.1 A Bargaining Unit Faculty Member who has been charged with one or more offenses defined in Section 15.3 shall not receive tenure before the process prescribed by Article 15 (including external arbitration pursuant to Section 15.14 if applicable) has run to completion. If a Member is exonerated and the charges delayed her or his grant of tenure, the tenure (and promotion, if applicable) shall be made retroactive to the date it would otherwise have taken effect. If the Member is not exonerated, tenure will be denied and the Member terminated pursuant to Article 15.

13.7 Reports on Progress Toward Tenure and Promotion

13.7.1 Except during the first year of the probationary period, all untenured Bargaining Unit Faculty Members shall receive annual written statements summarizing their cumulative progress toward obtaining tenure from both their Department Chair and their Department Promotion and Tenure Committee (11.5.2 and 11.5.3).

13.7.2 Reviews of tenured Bargaining Unit Faculty Members are only performed at the request of the Member. The Department Promotion and Tenure Committee shall provide any tenured faculty member in the Bargaining Unit a statement summarizing the individual Member's progress toward promotion provided the Member requests it in writing by the first day of classes of the Winter Quarter. For Members of the Bargaining Unit who are tenured Assistant and Associate Professors, the requirements of Section 11.6 apply.

13.7.3 Statements made pursuant to 13.7.1 and 13.7.2 should be completed and made available to Bargaining Unit Faculty by April 1 (one month before the May 1 deadline for initiating the Promotion and Tenure process).

13.8 Criteria for Tenure and for Promotion

13.8.1 Criteria that a Bargaining Unit Faculty Member must meet to be tenured and to be promoted are specified in every department’s bylaws. Department bylaws may specify more than one set of criteria to accommodate differences in academic specialties or assignments of Bargaining Unit Faculty in the department. Each department’s criteria address the standards of acceptable performance in teaching, scholarship and service, and the methods for evaluating teaching, scholarship and service. Except as provided for in Appendix D, every candidate for promotion and/or tenure must be evaluated according to the criteria in departmental bylaws and no other. That is, Department Promotion and Tenure Committees, Department Chairs, College Promotion and Tenure Committees, Deans, the University Promotion and Tenure Committee, the Provost, the University President, and the Board of Trustees cannot impose their own criteria. Moreover, the criteria in departmental bylaws must be taken as necessary and sufficient. That is, if a candidate meets the criteria established in bylaws, then he or she does merit promotion and/or tenure, and the recommendations of all committees and individuals must be written (and the final decision of the Board of Trustees must be made) accordingly. No bylaws criterion can be ignored or dismissed, and no additional criteria can be imposed at any point in the Promotion and Tenure process.

13.8.2 An untenured Bargaining Unit Faculty Member seeking tenure or promotion and tenure may choose to be considered according to criteria specified in any version of the Member’s Departmental bylaws that were in effect during the probationary period or specified in the letter of appointment. Criteria and procedures applicable to a Bargaining Unit Faculty Member at the time of appointment may not be changed during the probationary period unless 1) the changed criteria and procedures are in the bylaws of the Member’s department and 2) written consent of the Bargaining Unit Faculty Member, the Promotion and Tenure Committee, and the Department Chair is obtained. A copy of changed criteria and procedures, signed by the Bargaining Unit Faculty Member and the Department Chair, will be sent to the AAUP-WSU and maintained in the department or college office pursuant to Section 13.3.1.

13.8.3 Criteria and procedures applicable to a A tenured Bargaining Unit Faculty Member seeking promotion may choose to be considered according to criteria specified in any version of the Member’s Departmental bylaws that were in effect during any time within six years before the date on which the requested promotion would be effective. be changed, if the changed criteria and procedures are in the bylaws of the Member’s department, with either 1) six years notice or 2) the written consent of the Member, the Department Promotion and Tenure Committee, and the Department Chair. A copy of changed criteria and procedures applicable to a Bargaining Unit Faculty Member, signed by the Member and the Department Chair (if criteria are less than six years old), will be sent to the AAUP-WSU and maintained in the Department or College office pursuant to Section 13.3.1.

13.8.4 Department promotion and tenure criteria and procedures may be amended by approval of the Bargaining Unit Faculty of a department, the Dean, and the Faculty Governance Committee.

13.8.5 All Bargaining Unit Faculty Members in a department shall be given copies of departmental promotion and tenure criteria and procedures whenever that department changes the criteria and/or procedures.

13.8.7 Untenured Members may choose to be considered for promotion and tenure (or tenure only) in any year during their probationary period.

13.8.8 Tenure shall be granted to those Assistant Professors who are promoted to the rank of Associate Professor. Only under exceptional circumstances shall Assistant Professors be granted tenure without promotion to Associate Professor, and then only if department bylaws contain criteria for tenure at the rank of Assistant Professor.

13.9 Participants in the Promotion and Tenure Process.

All grants of tenure or promotion are made by the Wright State University Board of Trustees based on review and recommendations from the committees and individuals named in sections 13.9.1 through 13.9.6, below.

No participant shall have more than two votes, or (in the case of a Dean or Department Chair) one vote and a required individual statement, on a candidate’s promotion and/or tenure. That is, a faculty member Bargaining Unit Faculty Member may vote on two, but not all three Promotion and Tenure committees (Department, College, University) in a specific case. A Department Chair may serve on a College Promotion and Tenure Committee, if college bylaws permit and the chair is elected by Bargaining Unit Faculty. Ineligibility to vote shall not be considered the same as abstention.

13.9.1 A Department Promotion and Tenure Committee

The Department Chair may serve as a non-voting member of the Department Promotion and Tenure Committee if permitted by the department’s Bylaws. Also, Boonshoft School of Medicine faculty members may serve on a matrix department’s promotion and tenure committee, if permitted by the department’s bylaws. Otherwise, only tenured Bargaining Unit Faculty Members may serve on department promotion and tenure committees. The Committee composition and voting rights of department faculty are specified in departmental bylaws. The Committee shall be composed of at least three (3) voting members. The provisions in this section and in Section 13.9.2 do not apply to the College of Nursing and Health or Lake Campus, which do not have a department level.

13.9.2 The Department Chair

13.9.3 A College Promotion and Tenure Committee

This Committee shall be composed of the Dean, who does not vote at the college level, and at least five tenured faculty members, at rank of Associate Professor or above, who are chosen according to procedures developed by the college. College bylaws specify the selection and composition of the committee and its operational rules and procedures, including selection of the Committee Chair. Except in the Boonshoft School of Medicine and the School of Professional Psychology, and for Department Chairs pursuant to Section 13.9, only Bargaining Unit Faculty Members may serve as voting members on college promotion and tenure committees.

13.9.3.1 The Boonshoft School of Medicine Promotion and Tenure Committee (Faculty Development Committee)

This Committee shall make a recommendation for a Bargaining Unit Faculty Member only if the Member is a Matrix Bargaining Unit Faculty Member having a primary appointment in a Matrix Department.

13.9.4 The Dean

13.9.4.1 The Boonshoft School of Medicine Dean

This individual shall make a recommendation for a Bargaining Unit Faculty Member only if the Member is a Matrix Bargaining Unit Faculty Member having a primary appointment in a Matrix Department.

13.9.5 The University Promotion and Tenure Committee

This Committee shall be chaired by the Provost. It shall include the deans of the College of Education and Human Services, the College of Engineering and Computer Science, the College of Liberal Arts, the College of Nursing and Health, the College of Science and Mathematics, the Lake Campus, the Raj Soin College of Business, the Boonshoft School of Medicine, and the School of Professional Psychology; and one Professor elected by each of the nine aforementioned units; and one Professor-at-large, who is a member of the Bargaining Unit, to be elected by the Bargaining Unit Faculty through an election conducted by the AAUP-WSU. All Professors must be tenured Members of the Bargaining Unit, except those representing the Boonshoft School of Medicine and the School of Professional Psychology. Faculty who hold administrative positions of assistant dean or higher are not eligible for election to the University Promotion and Tenure Committee. An academic unit which does not have a Professor eligible for election may elect a Professor from another academic unit. Deans and faculty from colleges or schools which do not have tenure cannot vote on a tenure case with the following exception: The Dean and representative faculty member from the Boonshoft School of Medicine are eligible to vote on tenure cases involving matrix Bargaining Unit Faculty having primary appointments in matrix departments. A simple majority is required of all eligible Committee members who are present and voting on all tenure and/or promotion cases. Only members of the University Promotion and Tenure Committee may attend University Promotion and Tenure Committee Meetings except as noted below. The University Promotion and Tenure Committee will be staffed by two tenured Professors: one selected by the Provost and one selected by AAUP-WSU. These Professors chosen to staff the Committee will attend the Committee meetings and both will share the clerical duties of counting votes and both will be available, as needed, to interpret this Agreement and respond to questions concerning this Agreement.

13.9.6 The University President

13.10 The Promotion and Tenure Document.

The candidate’s promotion and tenure document (13.2.5), as submitted by the candidate on or before October 1, may not be altered without permission of the candidate and the Department Chair. Except for rebuttal materials (Section 13.13.7), the document cannot be altered after it has been voted on by the College Promotion and Tenure Committee. The document becomes part of the tenure and promotion file to which the candidate may add only letters of rebuttal and/or evidence to support the letter(s) of rebuttal. A rebuttal letter and supporting evidence may confirm publication of an item listed in the curriculum vitae as under review, but it cannot admit previously unlisted works into the Member’s record of scholarship. The document shall contain:

13.10.1 the candidate review statement. (Appendix A).

13.10.2 applicable department promotion and tenure criteria.

13.10.3 written notification from the Dean (13.5.4.5) of any approved extension(s) of the probationary period.

13.10.4 reports on peer evaluation of teaching.

13.10.5 the annual statements from the Department Chair and Promotion and Tenure Committee indicating the candidate’s progress toward tenure received during the probationary period (13.7). For a tenured Bargaining Unit Faculty Member seeking promotion to a higher rank, the document should include the most recent statements about progress toward promotion (maximum of six required) given to the candidate in the period since his or her last promotion.

13.10.6 evidence of teaching effectiveness. Untenured Bargaining Unit Faculty Members who are applying for tenure must include a statistical summary and frequency distributions of all required student evaluations of teaching pursuant to Article 12.1 of this Agreement, unless stipulated otherwise in departmental bylaws.

13.10.7 the candidate’s curriculum vitae, which must include a description of the candidate’s teaching, scholarship, and service. See Appendix B for suggested content and format of the curriculum vitae.

13.10.8 Appropriate additional items in the form of an appendix may also be included. However, items included in the Appendix will normally not be transmitted beyond the level of the Department Promotion and Tenure Committee. The Dean will decide which Appendix items (if any) will be transmitted and will insert at the beginning of the candidate’s promotion and tenure file a list of the specific Appendix items that have not been transmitted with instructions as to where and how they may be inspected.

13.10.9 The evidence of teaching effectiveness (13.10.6) and curriculum vitae (13.10.7) may, together, total no more than thirty-five pages. Promotion and tenure documents provided by successful candidates are frequently much shorter than thirty-five pages.

13.11 Requirements for publications whether already published, in press, or under review.

13.11.1 Along with the Promotion and Tenure Document, the Member must submit to the Department Chair complete copies of all publications (paper or electronic, including books, book chapters, journal articles, and the like) listed in the curriculum vitae (CV), whether already published, in press, or under review. However, publications used to document a successful promotion or tenure application in the past need not be submitted unless specifically requested by the Department Chair, the Dean, or the chair of a promotion and tenure committee. The Department Chair will make these materials available to all members of the Department Promotion and Tenure Committee, and the Dean will make these materials available to all members of the College Promotion and Tenure Committee. These copies of the Member’s scholarly work are normally not transmitted beyond the level of the College Committee, but the Dean will make them available to all members of the University Promotion and Tenure Committee who request to see them.

13.11.2 On the CV, each publication that is listed must include all authors, full title, publisher or journal, and, if known, volume, inclusive pages, and date of publication. When there are multiple authors and one is the primary author, that name should be clearly so identified. Citations of articles and papers should indicate whether the work was refereed (R) or not refereed (N). Items which have not yet been published but have been accepted for publication without revision shall be listed on the CV as “in press.”

13.11.3 A candidate’s academic paper, book or similar work which has been accepted for publication but is not yet published shall be credited to the Bargaining Unit Faculty Member if the Member supplies adequate documentation confirming that the work is definitely scheduled for publication without further revision.

13.11.4 A publication may not be considered unless: (a) it is reported on the Member’s curriculum vitae and the Member submits a complete copy of the publication to the Department Chair by October 1; . Likewise, a publication may not be counted unless (b) the venue (e.g., journal for articles; publisher for books) is as specified on the CV as submitted by October 1; and (c) confirmation that it has been accepted for publication without revision is received before the University Promotion and Tenure Committee meets.

13.11.5 Requirements for scholarly works other than publications (e.g., those in the fine and performing arts) are substantially the same as those specified for publications in Sections 13.11.1 through 13.11.4.

13.12 The Promotion and Tenure File

The Promotion and Tenure File initially consists of the Promotion and Tenure Document and the form shown in Appendix C used to record votes and recommendations. The file will eventually also contain items specified below in Sections 13.12.1 through 13.12.4. At any time throughout the process and after its completion, the candidate has the right to access and obtain copies of the Promotion and Tenure File.

13.12.1 letters of evaluation by external or internal reviewers, copies of letters soliciting the reviews and brief statements of the reviewers’ qualifications.

13.12.2 a record of the Department Committee’s vote and recommendation and the statement of the Department Chair.

13.12.3 a record of the College Committee’s vote and recommendation and the statement of the Dean.

13.12.4 The vote of the University Promotion and Tenure Committee and any statements as required in Section 13.13.11.1.

13.12.5 If the Department, College, or University Committee reviews materials that are not part of the individual’s promotion and tenure file, the chair of that Committee shall promptly make such materials available to the candidate.

13.13 Procedures for Granting Promotion and Tenure

13.13.1 The deadlines for completion of promotion and tenure documents and files are set forth in Appendix D.

13.13.2 The process for granting promotion and/or tenure to a Bargaining Unit Faculty Member must be initiated by the candidate at the departmental level, but of course a Promotion and Tenure Committee may at any time recommend that an individual initiate the process. To initiate the Promotion and Tenure Process, a Bargaining Unit Faculty Member must submit a written request to the Department Chair, with a copy to the Department Promotion and Tenure Committee, by May 1.

13.13.2.1 Once the promotion and/or tenure process has begun, only the candidate may terminate the process. To do so, the candidate must submit written notice of withdrawal to the Department Chair, who will then convey this information to the Dean and the Provost, as appropriate.

13.13.3 By May 1, the candidate must submit suggested names of external reviewers to the chair of the Department Promotion and Tenure Committee.

13.13.3.1 By June 1, the candidate must submit materials to be sent to the outside reviewers.

13.13.3.2 The candidate and the Department Promotion and Tenure Committee shall agree on a list of individuals from whom letters of evaluation will be solicited, and the Committee is responsible for soliciting the evaluations from that list by sending out request letters no later than September 15. All letters sent by the Committee to solicit external reviews shall be given to the candidate when they are written, and they will subsequently be added to the promotion and tenure file. The letters used to solicit these external reviews shall be consistent with the applicable bylaws or with past practice pursuant to Appendix D. At least three letters of evaluation from peers external to the University who can review the case in an unbiased manner (no co-authors, thesis advisors, or other persons who might have a conflict of interest) must be solicited for all promotion and/or tenure decisions. All letters received from external reviewers shall be included in the file. The external evaluators should be experts in the field of the candidate, and, if they are faculty members at academic institutions, they should hold at least the rank to which the candidate aspires or its equivalent. These letters should evaluate the candidate’s scholarly activities. They should not be testimonial in character, and they should not relate to promotion and tenure at the writers’ institutions.

13.13.3.3 Departmental bylaws may specify which materials will be provided to external reviewers. Departmental bylaws may alternatively specify a process by which the material provided to external reviewers will be decided upon. Otherwise, external reviewers will be provided with a copy of each item of scholarship listed on the CV since the candidate’s last promotion as published or in press (13.11.2), at a minimum, plus other items from the CV agreed to by both the candidate and the Department Promotion and Tenure Committee.

13.13.4 By October 1, the candidate must submit to the Department Chair the complete Promotion and Tenure Document (13.10) and all materials described in Section 13.11.

13.13.5 The Department Promotion and Tenure Committee evaluates each candidate using the applicable departmental criteria for that candidate.

13.13.5.1 The vote and recommendations of the Department Promotion and Tenure Committee shall be communicated in a statement written by the chair of the Promotion and Tenure committee, in consultation with the other voting members of the Committee, unless department bylaws specify another procedure for writing such a statement or the Committee is chaired by the department chair. If the department chair serves as chair of the Promotion and Tenure Committee, and no procedure is specified in the bylaws, then the Committee will elect one of its voting members to write the statement.

13.13.5.2 The Committee’s statement shall reflect the Committee’s vote and explain the reasoning for its conclusions. This statement must either (1) be consistent with the Committee’s reports on progress toward tenure and promotion (13.7) or (2) explain the reasoning for any inconsistencies.

13.13.5.3 In the case of a Bargaining Unit Faculty Member applying for tenure, both the statements of the Chair and the recommendation of the Department Promotion and Tenure Committee shall include an evaluation of the candidate’s teaching effectiveness based in part on peer evaluation by Bargaining Unit Faculty Members.

13.13.5.4 If a candidate who has reported on the CV works of printed scholarship that are under review (or grant proposals that are under review) receives a negative vote from the Department Committee, then (1) the Committee’s statement shall indicate the extent to which each pending item meets bylaws criteria and/or (2) the Committee shall cast and report a contingent vote(s) that would determine its recommendation had the item(s) under review been accepted for publication without revision (or the pending grant proposal been funded) before the Department Committee’s vote.

13.13.5.5 The Department Chair shall promptly inform the Candidate of the vote of the Department Promotion and Tenure Committee.

13.13.6 The Department Chair evaluates each candidate using the applicable departmental criteria for that candidate and communicates her or his recommendations in a written statement.

13.13.6.1 The Department Chair shall promptly notify the Candidate when the statements from the Department Promotion and Tenure Committee and the Chair have been added to the file.

13.13.7 Upon receiving the Department Chair’s notification (13.13.6.1), the candidate has at least ten working days to submit a letter of rebuttal and supporting evidence to the file. The actual deadline in a given year is set forth in Appendix D. In a rebuttal letter, the candidate may (1) challenge assertions or conclusions in the file and/or (2) report the acceptance or publication of a work of printed scholarship and/or the awarding of a grant. The rebuttal letter(s) and supporting evidence will be added to the candidate’s promotion and tenure file and will be given full consideration at all subsequent stages of the promotion and tenure process. At each stage, a rebuttal letter and supporting evidence may not exceed fifteen pages, although it may reference additional items with instructions as to where and how they may be inspected.

13.13.7.1 By the date specified in Appendix D, the Department Chair will transmit the file to the Dean.

13.13.8 The College Promotion and Tenure Committee evaluates each candidate using the applicable departmental criteria for that candidate and communicates its vote and recommendations in a written statement.

13.13.8.1 The College Dean shall promptly inform the Candidate of the vote of the College Promotion and Tenure Committee.

13.13.9 The Dean evaluates each candidate using the applicable department criteria for that candidate and communicates her or his recommendation in a written statement that explains either support or opposition.

13.13.9.1 The Dean shall promptly notify the Candidate when the statements from the College Promotion and Tenure Committee and the Dean have been added to the file and shall make the file available to the candidate.

13.13.10 Upon receiving the Dean’s notification (13.13.9.1), the candidate has at least ten working days to submit a letter of rebuttal and supporting evidence to the file as described in Section 13.13.7.

13.13.10.1 By the date specified in Appendix D, the Dean will transmit the file to the Provost.

13.13.11 The University Promotion and Tenure Committee evaluates candidates using the applicable departmental criteria for that candidate and votes on each.

13.13.11.1 If the University Committee reverses a recommendation by the Department Committee, the College Committee or the Dean, the Provost will add a statement to the file explaining this reversal. A reversal of recommendations by both the Department and the College Committees shall be regarded as an extraordinary event, and the Provost will include in the file a clear explanation for this extraordinary decision.

13.13.11.2 The Provost shall notify the candidate, in writing, of the decision and vote of the University Promotion and Tenure Committee and provide the candidate access to his or her file, which will include a record of the vote and any statements as required in Section 13.13.11.1.

13.13.12 By April 1, the Provost shall forward all recommendations of the University Promotion and Tenure Committee to the University President for consideration and recommendation to the Board of Trustees. The Board of Trustees will announce all promotions and all grants of tenure as soon as feasible.

13.14 Promotion and Tenure Appeals

13.14.1 Regardless of whether a C A candidate adds rebuttal material pursuant to Section 13.13.7, 13.13.10, or 13.10.12, he or she may appeal a University Promotion and Tenure Committee recommendation on the grounds that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the applicable criteria included in the Promotion and Tenure File, or (c) the outcome was arbitrary, discriminatory or capricious. To do so, the Candidate must, within five (5) working days after receiving written notification (13.13.11.2) of the decision and vote of the University Promotion and Tenure Committee, notify in writing both the Provost and the AAUP-WSU Grievance and Contract Administration Officer of her or his intent to file an appeal. The appeal and all supporting documentation must be submitted to the Provost and AAUP-WSU Grievance and Contract Administration Officer within fifteen (15) working days after receiving written notification of the decision and vote of the University Promotion and Tenure Committee.

13.14.2 Upon receiving a written notification of the intent to file an appeal from one or more Bargaining Unit Faculty Members, the AAUP-WSU and the University shall form a Promotion and Tenure Appeals Committee consisting of three tenured Bargaining Unit Faculty Members selected by the AAUP-WSU and three department chairs, assistant deans, or associate deans who are also tenured faculty selected by the University. In addition, the AAUP-WSU and the University will each appoint two alternate members to the Committee. Each of the members, including the alternates, selected by the AAUP-WSU must be from different colleges. Likewise each of the members, including the alternates, selected by the University must be from different colleges. The Committee will be formed within ten (10) working days after notice of intent to file an appeal is received (see Section 13.14.1). All meetings of the Promotion and Tenure Appeals Committee will include exactly six voting members: three Bargaining Unit Faculty appointed by the AAUP-WSU and three faculty (department chairs, assistant or associate deans) appointed by the University. Any members of the Committee who have previously voted on or written a letter for the case under appeal or are from the appellant’s college shall recuse themselves.

13.14.3 The Promotion and Tenure Appeals Committee shall have Co-Chairs. One Co-Chair must be elected by the Bargaining Unit Faculty appointed by the AAUP-WSU, and one Co-Chair must be elected by the faculty members appointed by the University. A single chair may be elected by both constituencies.

13.14.4 Procedures of the Promotion and Tenure Appeals Committee.

13.14.4.1 If at least three members of the Committee agree, the Committee may request that the appellant or other persons with knowledge of the case appear before the Committee or respond to the Committee’s questions in writing.

13.14.4.2 Following the review of materials and testimony relevant to a given case, the Committee will determine if any of the criteria (a), (b), (c) listed in 13.14.1 appear to be substantiated. The Committee will then send to the President a report stating its findings (as to whether or not any criteria listed in 13.14.1 appear to be substantiated), the basis for its findings, and its recommendations.

13.14.4.3 Recommendations of the Committee require a majority vote, but minority opinions must be represented in the final report if the minority so desires. All voting will be by secret ballot.

13.14.5 If the Committee is not able to reach a consensus, members of the Committee may write dissenting opinions, which shall be attached to the majority opinion. If the six-person Committee is divided three to three, then both groups will file a report. The Committee will make a good faith effort to issue its written report no later than thirty (30) working days after the appellant submits the appeal and all supporting documentation to the Provost and the AAUP-WSU Grievance and Contract Administration Officer. The Committee will send its report to the President of the University, with copies to the appellant and AAUP-WSU.

13.14.6 Upon receiving the Committee’s report, the candidate has five working days to submit a letter of appeal rebuttal and supporting evidence to the University President.

13.14.67 Within twenty (20) working days after receiving the recommendations from the Appeals Committee, the President will notify the candidate in writing, with a copy to AAUP-WSU, that (a) the recommendation of the University Promotion and Tenure Committee is being upheld, (b) that Committee’s recommendation is being overturned, and the case being presented to the Board of Trustees for approval, or (c) that the case is being remanded in a specified way for further consideration.

13.14.78 If the Board of Trustees approves a promotion or grant of tenure based in whole or in part on a Promotion and Tenure Appeals Committee recommendation, the promotion and/or tenure shall be made retroactive to the normal promotion date for candidates from that department.

13.15 Promotion and Tenure Grievances.

13.15.1 A promotion case not resolved by appeal (13.14) may be grieved and go directly to arbitration if the AAUP-WSU concurs with the candidate that (a) an error in the described procedures materially affected the outcome, (b) the decision was not based upon the applicable criteria included in the Promotion and Tenure File, or (c) the outcome was arbitrary, discriminatory or capricious. If the AAUP submits a promotion case to arbitration it must do so within thirty (30) working days of receiving the President’s disposition of the case (13.14.6). The arbitrator will be selected by the procedure specified in Section 16.6.1.

13.15.2 The arbitrator may remand the promotion or tenure decision being grieved with directions as to which of the existing procedures in this Agreement or in applicable college or department bylaws are to be followed and may, if appropriate, grant an additional terminal year.

13.15.2.1 The arbitrator may advise on altering procedures and time limits to expedite the remand process.

13.15.2.2 The arbitrator does not have authority to award promotion or tenure to a Bargaining Unit Faculty Member.

13.15.3 Individuals and committees to whom a promotion or tenure case is remanded will duly consider all advice and recommendations of the arbitrator.

13.15.4 A tenure case may be sent to arbitration only one time. A promotion case may be sent to arbitration no more than once every three years.