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This is actually a recurrent issue. There have been several occasions in which material has been surreptitiously entered into tenure packets. UFF has won several grievances on this point, but still it happens, so vigilance is advisable. It would be prudent for tenure applicants to check their packet periodically, for (a) once the packet goes to the administration, the packet is the primary source of information about the candidate and (b) the only way to detect contraband in a tenure packet is to check it.

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15.1    Eligibility. Employees with the rank of Assistant Professor, Associate Professor, Professor, and other employees the University may designate, shall be eligible for tenure, unless appointed with modifiers that would remove tenure-earning status, e.g. Visiting, Research, Clinical. The University may, by rule, make Assistant Professors ineligible for tenure. The University may designate other positions as tenure-earning and shall notify the employee of such status at the time of initial appointment. Tenure shall be in a department/unit or other appropriate administrative unit. Tenure shall not extend to administrative appointments in the General Faculty or Administrative and Professional classification plans. Tenured faculty who assume administrative appointments shall retain tenure status in their respective department/units.

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15.2    Tenure Decision:

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A.        An employee shall normally be considered for tenure during the sixth year of continuous service in a tenure-earning position including any prior service credit granted at the time of initial employment. The tenure clock may be stopped for medical or related reasons for up to one (1) year upon the request of the employee and the recommendation of the supervisor and dean/director and upon approval of the appropriate administrator. An employees written request for early tenure consideration is subject to the Universitys written agreement.

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B.        By the end of six (6) years of service at the University, an employee eligible for tenure shall either be awarded tenure by the Board of Trustees or given notice that further employment will not be offered. Upon written request by an employee within twenty (20) days of the employees receipt of such notice, the University shall provide the employee with a written statement of reasons by the President or representative why tenure was not granted.

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C.        Decision by the Board of Trustees. The Board of Trustees shall award tenure. This decision shall normally be made at the May Board Meeting but no later than the following meeting. The employee shall be notified in writing by the President or representative within five (5) days of the decision of the Board.

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D.        An employee being considered for tenure prior to the sixth (6) year may withdraw from consideration on or before March 15 without prejudice.

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15.3    Criteria for Tenure.

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A.        The decision to award tenure to an employee shall be a result of meritorious performance and shall be based on established criteria specified in writing by the University. The decision shall take into account the following:

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(1). annual performance evaluations;

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(2). the needs of the department/unit, college/unit, and University;

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(3). the contributions of the employee to the employees academic unit (program, department/unit, college/unit); and

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(4). the contributions the employee is expected to make to the institution.

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B.        The University shall make available a copy of the criteria for tenure to employees eligible for tenure. Each such employee shall be apprised in writing once each year of the employees progress toward tenure. The appraisal shall be included as a separate component of the annual evaluation and is intended to provide assistance and counseling to candidates to help them to qualify themselves for tenure. At the approximate mid-point of the employees tenure-earning period (usually in the 3rd or 4th year) a full review of the employees progress toward tenure will be conducted by the employees department/unit and college/unit. The employee may request, in writing, a meeting with an administrator at the next higher level to discuss concerns regarding the tenure appraisal which were not resolved in previous discussions with the evaluator. The appraisals are not binding upon the University.

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C.        Tenure criteria shall be available in the department/unit office and/or at the college/unit level.

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15.4    Modification of Criteria.

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A.        Modifying Criteria. The University may modify the criteria for tenure so long as the local UFF Chapter has been notified of the proposed changes and offered an opportunity to discuss such changes in consultation with the University President or representative. Changes in criteria shall not become effective until one (1) year following adoption of the changes, unless mutually agreed to in writing by the local UFF President and the University President or representative. The date of adoption shall be the date on which the changes are approved by the administrator at the highest level required under applicable university policies and procedures. Any proposal to develop or modify tenure criteria shall be available for discussion by members of the affected departments/units before adoption.

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B.        Effect on Employees. The provisions of Article 9.3 (D) are applicable to the modified criteria. Further, if an employee has at least three (3) years of tenure-earning credit as of the date on which the tenure criteria are adopted under Article 15.4(A), above, the employee shall be evaluated for tenure under the criteria as they existed prior to modification unless the employee notified the university at least thirty (30) days prior to commencement of the tenure consideration that he/she chooses to be evaluated under the newly-adopted criteria.

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15.5    Recommendations and Procedures.

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A.        Recommendations for the awarding of tenure shall be made by the employees supervisor and shall include a poll by secret ballot of the tenured members of the employees department/unit. The performance of an employee during the entire term of employment at the institution shall be considered in determining whether to grant tenure. Recommendations regarding tenure shall include a copy of applicable tenure criteria, the employees annual assignments and annual evaluations, and, if the employee chooses, the employees tenure appraisals. The reviewers at any stage in the review may request to review the appraisals. Prior to the consideration of the employees candidacy, the employee shall have the right to review the contents of the tenure file and may attach a brief and concise response to any materials therein. It shall be the responsibility of the employee to see that the file is complete. The provisions of Articles 11.2 through 11.8 of this Agreement shall apply to the contents of the tenure file.

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B.        If any material is added to the file after the commencement of consideration, other than the completion of the evaluation sections (including the recording of votes) of the file by the reviewing bodies/individuals), a copy shall be sent to the employee within five (5) days (by personal delivery or by mail, return receipt requested). The employee may attach a brief response within five (5) days of his/her receipt of the added material. The file shall not be forwarded until either the employee submits a response or until the second five (5) day period expires, whichever occurs first. The employee shall have the right to review the file at each stage of review (i.e., department, college, campus) and attach a brief response to any materials, including the evaluation section(s), contained therein prior to the next stage of review. The only documents which may be considered in making a tenure recommendation are those contained or referenced in the tenure file.

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15.6    Other Considerations

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A.        During the period of tenure-earning service, the employees employment shall be governed by the provisions of Article 12.

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B.        Part-time service of an employee employed at least one semester in any twelve (12) month period shall be accumulated. For example, two (2) semesters of half-time service shall be considered one-half year of service toward the period of tenure-earning service.

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C.        Where employees are credited with tenure-earning service at the time of initial appointment, all or a portion of such credit may be withdrawn once by the employee prior to formal application for tenure.

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15.7    Tenure upon Appointment. The Board of Trustees may grant tenure to an employee at the time of initial appointment, upon recommendation of the appropriate administrator. The administrator shall consider the recommendation of the department or equivalent unit prior to making his/her final tenure recommendation.

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15.8    Leave. Authorized leaves of absence may, under the provisions of the Article regarding Leaves, be credited toward the period of tenure-earning service.

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15.9    Termination/Layoff. Tenure guarantees annual reappointment for the academic year until voluntary resignation, retirement, removal for just cause in accordance with the provisions of the Article regarding Disciplinary Action and Job Abandonment, or layoff in accordance with the provisions of the Article regarding Layoff and Recall, but does not extend to administrative appointments.