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Negotiations: Article 13, Appointment and Promotion (NTE)/ Promotion and Tenure (TET)

Wright State University Chapter

American Association of University Professors

MOU? CBA? RCM? NTE? TET?

What are all these acronyms? See this guide.

AAUP-WSU submitted the proposal shown in the left column of the table below at the February 12 negotiating session, and the administration put forward the proposal in the right column on March 10. As you see it pertains to the TET CBA. Reports about the status of this article will be found below the article itself.

Neither party has proposed as changes to this article for the NTE CBA.

See our CBA Negotiations page for a roster of the AAUP-WSU negotiating team, brief reports about each Monday's negotiation session, and an article-by-article summary table with links to detailed information about each individual article that either the administration or AAUP-WSU proposes to include in the CBA.

Article 13

Appointment and Promotion (NTE) / Promotion and Tenure (TET)

AAUP-WSU Proposal of February 12 for the TET CBA

Administration Proposal of March 10 for the TET CBA

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 Sections 13.10.1 through 13.10.8 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 The University shall maintain in Department or College offices the following items for each Bargaining Unit Faculty Member: 

  • the original letter of appointment as a Bargaining Unit Faculty Member (13.4) and any attachments, addenda, and superseding letters;
  • a copy of the departmental criteria for promotion and tenure applicable at the time of appointment (13.4.1);
  • a signed copy of any written agreements about changes to the probationary period pursuant to Sections 13.5.4 and subsections;
  • 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);
  • statements summarizing cumulative progress toward promotion from the Department Promotion and Tenure Committee (13.7.2);
  • 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 between January 1 and the end of the Spring Semester, the letter must include an explanation pursuant to Section 11.6.3. 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, as set forth in the letter of appointment of each Member, 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 one semester 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 April 10 of the next-to-last academic year of the probationary period [that is, must be made at least five months before the typical Promotion and Tenure Document submission deadline of September 10 (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 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 in writing within thirty (30) working days after receiving the request. However, when a request is received after April 10 of any year 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 September 10.

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 Sections 13.6.4 and 15.3; 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 semesters 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 15.16 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 Spring Semester; such a request must be sent to the Chair of the Department Promotion and Tenure Committee with a copy to the Department Chair.

13.7.3 Statements made pursuant to 13.7.1 and 13.7.2 should be completed and made available to Bargaining Unit Faculty at least one month before the deadline for initiating the Promotion and Tenure process specified in Appendix D (e.g., by April 1, 2012 or February 25, 2013).

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.

13.8.1.1 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.

13.8.1.2 Each department's criteria address the standards of acceptable performance in teaching, scholarship and service, and the methods for evaluating teaching, scholarship and service.

13.8.1.3 Departmental criteria and procedures should specify the extent to which previous work shall be credited to the Bargaining Unit Faculty Member. Previous work refers to publications or other academic work in teaching, scholarship or service which was substantially completed prior to tenure-track appointment at Wright State.

13.8.1.4 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.

13.8.3 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.

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.

13.8.6 Tenured Members may choose to be considered for promotion in any year.

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 Bylaws criteria that state or clearly imply the need to demonstrate a pattern of performance over time (such as teaching effectiveness, service participation or leadership, research recognition, and so forth) require a minimum of two years to be met. Thus, a Member who demonstrates the required pattern of performance over two academic years may initiate the promotion process by the deadline specified in Appendix D (e.g., May 1, 2012 or March 25, 2013) of the second of those years for consideration during the following academic year. In exceptional cases a Department Promotion and Tenure Committee may initiate a Member's consideration for promotion and/or tenure earlier.

13.8.9 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) one vote and a required individual statement, on a candidate's promotion and/or tenure. That is, a Bargaining Unit Faculty Member may vote on two, but not all three Promotion and Tenure committees (Department, College, University) in a specific case. 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, 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 faculty members:  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 the deadline specified in Appendix D (e.g., September 10, 2012 or September 9, 2013), may not be altered without permission of the candidate and the Department Chair. Except for rebuttal materials (Sections 13.13.7 and 13.13.10), 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 the items listed in Sections 13.10.1 through 13.10.8 below, and the candidate will arrange these items in the order listed (e.g., candidate review statement first, applicable promotion and tenure criteria second, etc.).

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).

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 Section 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 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.

13.10.9 Appropriate additional items may be appended to the Document, and the Member must insert a list of all such Appendix items at the end of her or his Candidate Review Statement. These items are normally not transmitted beyond the level of the Department Committee, but the Department Chair will make them available to all members of the College and University Committees who request them.

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 the deadline specified in Appendix D (e.g., September 10, 2012 or September 9, 2013), (b) the venue (e.g., journal for articles; publisher for books) is as specified on the CV in the Promotion and Tenure Document as submitted by the deadline specified in Appendix D (e.g., September 10, 2012 or September 9, 2013); 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 Manuscripts which have been submitted and are currently under review may be listed. Each listing must include the date(s) of submission, the name of the journal or publisher submitted to, and any review of the work which has been completed.

13.11.6 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 13.11.5.

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.

13.1 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 departmentís 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 Sections 13.10.1 through 13.10.8 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 The University shall maintain in Department or College offices the following items for each Bargaining Unit Faculty Member:

  • the original letter of appointment as a Bargaining Unit Faculty Member (13.4) and any attachments, addenda, and superseding letters;
  • a copy of the departmental criteria for promotion and tenure applicable at the time of appointment (13.4.1);
  • a signed copy of any written agreements about changes to the probationary period pursuant to Sections 13.5.4 and subsections;
  • 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);
  • statements summarizing cumulative progress toward promotion from the Department Promotion and Tenure Committee (13.7.2);
  • 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 Memberís 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 between January 1 and the end of the Spring Semester, the letter must include an explanation pursuant to Section 11.6.3. 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, as set forth in the letter of appointment of each Member, 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 individualís 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 one semester 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 Memberís 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 Memberís 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 at least five months before the Promotion and Tenure Document submission deadline (13.13.4) specified in Appendix D in the final year of the probationary period [that is, must be made by May 3, 2011 by Members for whom 2011-2012 is 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 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 in writing within thirty (30) working days after receiving the request. However, when a request is received after May 1 of any year and the majority of the Department Promotion and Tenure Committeeís members are on academic appointments, the Deanís 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 Sections 13.6.4 and 15.3; 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 periodís 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 semesters 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 15.16 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 Memberís progress toward promotion provided the Member requests it in writing by the first day of classes of the Spring Semester; such a request must be sent to the Chair of the Department Promotion and Tenure Committee with a copy to the Department Chair.

13.7.3 Statements made pursuant to 13.7.1 and 13.7.2 should be completed and made available to Bargaining Unit Faculty at least one month before the deadline for initiating the Promotion and Tenure process specified in Appendix D (e.g., in 2012, by April 1, 2012).

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 departmentís bylaws.

13.8.1.1 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.

13.8.1.2 Each departmentís criteria address the standards of acceptable performance in teaching, scholarship and service, and the methods for evaluating teaching, scholarship and service.

13.8.1.3 Departmental criteria and procedures should specify the extent to which previous work shall be credited to the Bargaining Unit Faculty Member. Previous work refers to publications or other academic work in teaching, scholarship or service which was substantially completed prior to tenure-track appointment at Wright State.

13.8.1.4 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.

13.8.1.5 Quantitative requirements in bylaws assume that the Memberís accomplishments are of high quality, consistent with customary standards throughout the college. Unless otherwise specified, publications must be substantive, scholarly, peer reviewed, and in respected journals or books; grants must be external and competitive; committee service must be active and engaged; and so forth. When a qualitative judgment about the quality of a candidateís work factors into a recommendation to deny promotion and/or tenure, the Committee, Department Chair or Dean making the recommendation is obligated to clearly and specifically explain the judgment that was made and the evidence that supports it.

13.8.1.6 Whether or not an article meets criteria set forth in a departmentís bylaws and in Section 13.8.1.5 is a yes or no question, and so publications that count as a single article vary in scope, prestige, and impact. Unless otherwise specified in bylaws, however, a publication deemed to be less substantive than the normal expectation by the Department Promotion and Tenure Committee, Department Chair or External Reviewer may be counted as less than a single article. The Committee, Department Chair or External reviewer making such a recommendation is obligated to clearly and specifically explain the judgment that was made and the evidence that supports it. Other participants in the process are not obligated to accept the work as counting for less than a single article.

13.8.1.7 Articles published in ďvanity pressĒ or ďpredatoryĒ journals may not be used to satisfy requirements for tenure or promotion. Such journals typically are open access, charge a publication fee, span numerous disciplines without any recognized focus, and have no clear connection with recognized professional associations.  

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 Memberís Departmental bylaws that were in effect during the probationary period or specified in the letter of appointment.

13.8.3 A tenured Bargaining Unit Faculty Member seeking promotion may choose to be considered according to criteria specified in any version of the Memberís Departmental bylaws that were in effect during any time within six years before the date on which the requested promotion would be effective.

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.

13.8.6 Tenured Members may choose to be considered for promotion in any year.

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 Bylaws criteria that state or clearly imply the need to demonstrate a pattern of performance over time (such as teaching effectiveness, service participation or leadership, research recognition, and so forth) normally require a minimum of two four years to be met, including at least two years at Wright State. Thus, a Member who demonstrates the required pattern of performance over two four academic years may initiate the promotion process by the deadline specified in Appendix D (e.g., May 2, 2011) of the second fourth of those years for consideration during the following academic year. In exceptional cases a Department Promotion and Tenure Committee may initiate a Memberís consideration for promotion and/or tenure earlier.

13.8.9 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) one vote and a required individual statement, on a candidateís promotion and/or tenure. That is, a Bargaining Unit Faculty Member may vote on two, but not all three Promotion and Tenure committees (Department, College, University) in a specific case. Ineligibility to vote shall not be considered the same as abstention.

Bargaining Unit Faculty Members will recuse themselves from discussing and voting on any promotion and/or tenure case on which they have any reasonable conflict of interest. If there may be a personal or professional conflict of interest and the individual does not recuse himself or herself from the process, the candidate, any member of the Committee, or the relevant department chair or dean may petition the Provost to have the Member recused. The Provost will decide the issue after consulting with the Faculty Governance Committee. If the Provostís decision is to accept the recommendation of the Faculty Governance Committee, it is not grievable.

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 departmentís Bylaws. Also, Boonshoft School of Medicine faculty members may serve on a matrix departmentís promotion and tenure committee, if permitted by the departmentís 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, 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 Faculty Promotion and Tenure Advancement 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 faculty members: 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 candidateís Promotion and Tenure Document (13.2.5), as submitted by the candidate on or before the deadline specified in Appendix D (e.g., in 2011, October 3), may not be altered without permission of the candidate and the Department Chair. Except for rebuttal materials (Sections 13.13.7 and 13.13.10), tThe 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 Memberís record of scholarship. The Document shall contain the items listed in Sections 13.10.1 through 13.10.8 below:

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 candidateís progress toward tenure received during the probationary period (13.7).

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 Section 12.1 of this Agreement, unless stipulated otherwise in departmental bylaws.

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

13.10.8 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.

13.10.9 Appropriate additional items may be appended to the Document, and the Member must insert a list of all such Appendix items at the end of her or his Candidate Review Statement. These items are normally not transmitted beyond the level of the Department Committee, but the Department Chair will make them available to all members of the College and University Committees who request them.

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 Memberís 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 ďin press.Ē

13.11.3 A candidateís 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 Memberís curriculum vitae and the Member submits a complete copy of the publication to the Department Chair by the deadline specified in Appendix D (e.g., in 2011, October 3), (b) the venue (e.g., journal for articles; publisher for books) is as specified on the CV in the Promotion and Tenure Document as submitted by the deadline specified in Appendix D (e.g., in 2011, October 3); 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 Manuscripts which have been submitted and are currently under review may be listed. Each listing must include the date(s) of submission, the name of the journal or publisher submitted to, and any review of the work which has been completed.

13.11.6 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 13.11.5.

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 rebuttal materials (if any) added by the candidate and 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 reviewersí qualifications.

13.12.2 a record of the Department Committeeís vote and recommendation and the statement of the Department Chair.

13.12.3 a record of the College Committeeís 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, except as provided for in Section 13.8.8, 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 the deadline specified in Appendix D (e.g., May 1, 2012 or March 25, 2013).

13.13.2.1 If missing the aforementioned deadline would prevent a Member from being considered in the final year of his or her probationary period, then the Member will be allowed to go forward. If successful in obtaining promotion and tenure, however, the Member's percentage promotion raise pursuant to Section 23.4 plus any promotion-based raise pursuant to Article 24 will be delayed for one year but included in the base salary used to calculate any raise for the following year.

13.13.2.2 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. After withdrawal, the entire file will be given to the candidate, who may retain the file as long as desired.

13.13.3 By the deadline specified in Appendix D (e.g., May 1, 2012 or March 25, 2013, the candidate must submit suggested names of external reviewers to the chair of the Department Promotion and Tenure Committee.

13.13.3.1 By the deadline specified in Appendix D (e.g., June 1, 2012 or April 22, 2013), 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 the deadline specified in Appendix D (e.g., August 16, 2012 or August 16, 2013). 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. 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 the deadline specified in Appendix D (e.g., September 10, 2012 or September 9, 2013), the candidate must submit to the Department Chair the complete Promotion and Tenure Document (13.10) and all materials described in Section 13.11 and its subsections.

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 deadline 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 deadline specified in Appendix D, the Dean will transmit the file to the Provost. The Dean will ensure that the file is arranged in the following order:

  1. The "Record of Promotion and Tenure Votes and Recommendations"; see Appendix C.
  2. The statement of the Dean (13.13.9)
  3. The statement of the College Promotion and Tenure Committee (13.13.8)
  4. The rebuttal, if any, provided by the candidate pursuant to 13.13.10
  5. The statement of the Department Chair (13.13.6)
  6. The statement of the Department Promotion and Tenure Committee (13.13.5.1)
  7. The rebuttal, if any, provided by the candidate pursuant to 13.13.7
  8. The candidate's Promotion and Tenure Document (13.10)
  9. The letters of evaluation by external or internal reviewers, copies of letters soliciting the reviews and brief statements of the reviewers' qualifications (13.12.1)
  10. Other items, if any

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 the deadline specified in Appendix D (e.g., March 6, 2013 or March 5, 2014), 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 A candidate 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. The Candidate has at least five (5) working days after receiving written notification (13.13.11.2) of the decision and vote of the University Promotion and Tenure Committee to 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 actual deadline in a given year is set forth in Appendix D. The appeal and all supporting documentation must be submitted to the Provost and the AAUP-WSU Grievance and Contract Administration Officer by the deadline set forth in Appendix D, which is at least fifteen (15) working days after the candidate receives 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 to the University President.

13.14.7 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.

13.14.8 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 (13.14.7). 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.

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, except as provided for in Section 13.8.8, 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 the deadline specified in Appendix D (e.g., May 2, 2011 or May 1, 2012).

13.13.2.1 If missing the aforementioned deadline would prevent a Member from being considered in the final year of his or her probationary period, then the Member will be allowed to go forward. If successful in obtaining promotion and tenure, however, the Member’s percentage promotion raise pursuant to Section 23.4 plus any promotion-based raise pursuant to Article 24 will be delayed for one year but included in the base salary used to calculate any raise for the following year.

13.13.2.2 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. Upon receiving written notice to terminate the process, the University will return the file to the candidate. Candidates are encouraged to retain their withdrawn file and any related correspondence.

13.13.3 By the deadline specified in Appendix D (e.g., May 2, 2011 or May 1, 2012), the candidate must submit suggested names of external reviewers to the chair of the Department Promotion and Tenure Committee.

13.13.3.1 By the deadline specified in Appendix D (e.g., June 1, 2011 or June 1, 2012), 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 the deadline specified in Appendix D (e.g., September 15, 2011 or August 16, 2012). 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. 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 the deadline specified in Appendix D (e.g., October 3, 2011 or September 10, 2012), the candidate must submit to the Department Chair the complete Promotion and Tenure Document (13.10) and all materials described in Section 13.11 and its subsections.

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 deadline 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 deadline 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 the deadline specified in Appendix D (e.g., in 2012, March 30), Tthe 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 A candidate 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. The Candidate has at least five (5) working days after receiving written notification (13.13.11.2) of the decision and vote of the University Promotion and Tenure Committee to 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 actual deadline in a given year is set forth in Appendix D. The appeal and all supporting documentation must be submitted to the Provost and the AAUP-WSU Grievance and Contract Administration Officer by the deadline set forth in Appendix D, which is at least fifteen (15) working days after the candidate receives 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 to the University President.

13.14.7 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.

13.14.8 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 (13.14.7). 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.

Status of Negotiations about the Above Article

June 24, 2014

The parties TA'd (came to tentative agreement upon) the TET version of this article.

Since neither party proposed changes to Article 13 "Appointment and Promotion" for the NTE CBA, that article will remain as is.

June 20, 2014

The parties agreed to reword 13.12.5 in the TET version of this article to read as follows:

13.12.5 If the Department Chair, the Dean, or a Department, College, or University Committee reviews materials that are not part of the individual’s promotion and tenure file, that individual or the chair of that Committee shall promptly make such materials available to the candidate and will add the materials, along with a cover statement identifying the source, to the end of the promotion and tenure file.

The parties expect to TA (tentatively agree to) this article at the planned June 24 negotiating session.

May 30, 2014

The administration put forth a revision of the TET version of this article.

The parties agreed that section 13.8.1.6 should, for clarity, begin as follows:

“Vanity press” books and articles published in “predatory” journals may not be used to ...

Regarding section 13.8.1.7 and the provisions of 13.8.1.5 and 13.8.1.6 to which 13.8.1.7 refers, the parties agreed that department chairs (deans in CoNH and Lake) and department P&T Committees (college committees in CoNH and Lake) are obligated to categorize publications as having occurred in predatory journals or vanity presses when the publications are initially reported by faculty, rather than when a faculty have actually applied for promotion and/or tenure.

In section 13.8.8, the administration withdrew its "time in rank" proposal, and likewise in 13.9.1 withdrew its "conflict of interest" proposal.

The administration called attention to wordsmithing it had done in section 13.10.

The parties agreed to reword 13.12.5 approximately as follows, new language in italics:

13.12.5 If the Department Chair, the Dean, or a Department, College, or University Committee reviews materials that are not part of the individual’s promotion and tenure file, that individual or the chair of that Committee shall promptly make such materials available to the candidate and will add the materials, along with a cover statement, to the end of the promotion and tenure file.

The parties believe that this article is in very close to final form.

May 23, 2014

The parties continued their discussion of the administration's proposal shown in the right column of the table above, with modification agreed upon as specified in our March 26 report immediately below.

For section 13.12.5, the parties agreed that if a department Chair or Dean reviews materials that are not part of the candidate’s promotion and tenure file, then those materials must be appended to the Chair's or Dean's letter and thus made available to the candidate.

In section 13.8.1.5, it was agreed to delete the word "substantive" from the second sentence and there also to change "respected" to "legitimate".

Discussion of 13.8.1.6 continued also. Our team repeated our objection to the new time-in-rank requirements specified in 13.8.8.

In the new paragraph above section 13.9.1, the parties seemed to agree upon the following shortened version:

Bargaining Unit Faculty Members are expected to recuse themselves from discussing and voting on any promotion and/or tenure case on which they have any conflict of interest.

March 26, 2014

The administration put forth the following language:

ARTICLE 13 Response to AAUP-WSU February 12 TET proposal

13.10 The University largely accepts the AAUP’s added language, “and the candidate will arrange these items in the order listed (e.g., candidate review statement first, applicable promotion and tenure criteria second, etc.).” One concern, however, is that the List of Appendix Items (identified in Appendix A as part of the Document) is missing. Even though the items are not forwarded past the department, the list is still part of the Document. The following language is recommended:

13.10.1 the candidate review statement, which shall include a list of appended items, if any. (Appendix A).

13.13.2.2 The university and the AAUP-WSU should choose between their similar proposals for this section.

AAUP
13.13.2.2 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. After withdrawal, the entire file will be given to the candidate, who may retain the file as long as desired.

UNIV    
13.13.2.2 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. Upon receiving written notice to terminate the process, the University will return the file to the candidate. Candidates are encouraged to retain their withdrawn file and any related correspondence.

13.13.10 The University accepts the AAUP’s listing of the items and their order for the P&T file, with the exception of #10, “Other items, if any.” Are there any other items that might be appropriate? If not, then this items should be deleted.

13.13.12 The University agrees with the deletion of “By the deadline specified in Appendix D (e.g., March 6, 2013 or March 5, 2014),” but the rest of 13.13.12 should be retained as follows:

13.13.12 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.

For 13.13.2.2, the parties chose the language submitted by the administration; will probably choose to delete item 10) from AAUP-WSU's section 13.13.10.1; decided that the items named in section 13.12.5 should be added to the P&T file and likewise to extend that sections coverage (now "the Department, College, or University Committee") to include chairs and deans.

Our team agreed to the administration's language immediately above for 13.13.12.

March 17, 2014

The parties began a discussion of the administration's proposal for the Promotion and Tenure article in the TET CBA (right column of table above) with sections 13.8.1.5 - 13.8.1.7, whose intent is to prohibit the use of articles in predatory journals, vanity presses, and such. Our negotiating team responded by stating that we are sympathetic to the objective. We suggested moving 13.8.1.7 into 13.8.1.5 and expanding 13.8.1.7 to include books and chapters in books. We also stated that department chairs and department P&T committees are obligated to evaluate publications and the venues in which they appear when a faculty member first reports them (e.g., on the vita), rather than waiting until the member applies for promotion and/or tenure. We suggested that the parties might require each college to maintain a list of vanity presses and predatory journals.

Regarding the administration "time in rank" proposal for 13.8.8, our team expressed reservations and pointed out that AAUP-WSU has consistently opposed time in rank as a criterion for promotion and/or tenure.

The administration explained that the new paragraph regarding recusal it proposes for the end of section 13.9 is motivated by an actual case (as opposed to a theoretical problem that might or might not actually come to pass). The parties discussed whether co-authors automatically have a conflict of interest. It was noted that the current CBA prohibits co-authors from serving as external evaluators of scholarship (13.13.3.2). Our team suggested that the proposed language should apply to department chairs, deans, and the Provost, an idea that the administration regarded as reasonable. Finally, the parties discussed whether adding recusal language like that proposed would in effect invite P&T committee members from facing up to difficult decisions.

Our team stated that the administration's other proposals were acceptable.

March 10, 2014

The administration submitted the proposal in the right column of the table above on March ß0, but the parties did not have time to discuss it.

February 14, 2014

Our negotiating team pointed out the changes we proposed to the TET CBA article on Promotion and Tenure as shown in the left column of the table above.

In section 13.10, we would require the candidate to submit the P&T file with the required items in a specified order. Similarly, in section 13.13.10.1, we would require the Dean to assemble the P&T document in a specified order before sending it forward for consideration by the University P&T Committee. These changes are meant to facilitate the thorough examination of P&T materials by participants in the P&T process. The administration did not object to this pair of proposals.

Our proposal would delete section 13.13.12 and would thus call for the deletion of the corresponding date from the P&T Schedules in Appendix D, as the parties had previously discussed doing so. However the administration suggested that only the date be removed from 13.13.12 and that the rest of this section be retained. Our team agreed.


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