[VPAAEtal] Revised University Procedure 12.01.99.R0.01

[Academic Affairs]

University Faculty and Academic Departments,

 

President Jones approved revisions to University Procedure 12.01.99.R0.01 Academic Freedom, Tenure, Promotion and Post Tenure Review <http://web.tamu-commerce.edu/aboutus/policiesproceduresstandardsstatements/rulesprocedures/12faculty/12.01.99.R0.01AcademicFreedomTenurePromotionAndPostTenureReview.pdf>  on September 27, 2010.

 

These changes have been reviewed by the President’s Advisory Council, Dean’s Council, and the System, and have been made as the result of an audit by the Office of Civil Rights in Dallas this year. Findings included the need for an explanation of what would occur should an appeal be made after March 1, and to address retaliation and confidentiality. The revised and added sections are below (in red):

 

1.5.5  Non-Renewal of Non-Tenured Tenure Track Faculty at the End of Term Contract.

 

“1.5.5.5 In any evidentiary hearing, the burden of proving that the decision was made in violation of academic freedom or for an illegal reason, or without adequate consideration of the faculty member’s record of professional achievement, shall rest with the faculty member. The burden of proof must be met by a preponderance of evidence, i.e., that which is more convincing, more credible, and of greater weight than contrary evidence. Both the faculty member and the administration have the right of representation at this hearing. A&M-Commerce shall provide staff support to schedule and hold a hearing. If the appeal is filed before March 1, the hearing shall be scheduled within sixty (60) calendar days from the date the committee chair is notified of the appeal; the chair of the hearing committee may extend the time for completing the hearing fifteen (15) calendar days for good cause shown.  If an appeal is filed after March 1, the hearing may be delayed until the next full academic term. The committee shall complete its report within fifteen (15) calendar days of completion of the hearing. The importance of conducting the hearing in a prompt manner shall guide A&M-Commerce and the hearing committee. Hearing committee members‟ departments shall assist, as needed, to accommodate the scheduling of the hearing.”

 

“1.5.5.6 Retaliatory action of any kind is prohibited when taken against a complainant, witness, or other person participating in the hearing.  All individuals involved in the preliminary consideration and hearing will maintain confidentiality to the extent that it does not violate any attorney-client privilege, court order, constitutional provision or statute prohibiting such confidentiality, including but not limited to the Texas Public Information Act.  The University EEO Officer will monitor this process and address any suspected retaliation or breach in confidentiality.”  

 

Please let me know if you have a problem opening the link to the procedure or if you have problems with any of the links within the university rules and procedures <http://web.tamu-commerce.edu/aboutus/policiesproceduresstandardsstatements/rulesprocedures/>  website.  Thank you.

 

 

Marcia Lair

Administrative Assistant to the President

Texas A&M University-Commerce

P.O. Box 3011

Commerce, TX  75429-3011

903-886-5009 phone

903-886-5010 fax

Marcia_Lair at tamu-commerce.edu <mailto:Marcia_Lair at tamu-commerce..edu> 

 

 

 

 

 

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