ARTICLE III ROLES AND RESPONSIBILITIES IN PERSONNEL MATTERS
3.1 The Faculty
3.2 The Board of Trustees, the President, the Chancellors - Delegation of Authority
3.3 Academic Administrative Officials
3.4 The Students
3.5 The Department Chairperson/Head
3.6 The Dean
3.7 The Provost
3.8 The Chancellor
3.9 The President
ARTICLE IV STANDARDS AND CRITERIA FOR PERSONNEL REVIEWS, RECOMMENDATIONS AND DECISIONS
4.1 Standards Fundamental to All Personnel Recommendations and Decisions
4.2 Relationship to Program Plans, Flexibility, Affirmative Action Goals
4.3 Application of Standards and Criteria
4.4 Regular Academic Appoints at the Ranks of Instructor, Assistant Professor, Associate Professor and Professor
4.5 Reappointments
4.6 Promotions
4.7 Probationary Period
4.8 Limitations on Probationary Appointments
4.9 Tenure
4.10 Criteria for Initial Appointment with Tenure
4.11 Special Academic Appointments
4.12 Salary Policy
4.13 Sabbatical Leaves
4.14 Leaves Without Pay
ARTICLE V RIGHTS OF MEMBERS OF THE FACULTY IN ACADEMIC PERSONNEL MATTERS AND RESPONSIBILITIES AS CONDITIONS OF EMPLOYMENT
5.1 Faculty Rights
5.2 Faculty Responsibilities
ARTICLE VI PROCEDURAL STANDARDS IN PERSONNEL MATTERS
6.1 Lengths of Appointments
6.2 Tenure Decision Year
6.3 Notification Forms
6.4 Basic File and Process for Personnel Actions
6.5 Provisions for Information Affecting Justifications of Recommendations
6.6 Conflict of Interest
6.7 Notice of Non-Reappointment
6.8 Provisions for Failure to Send Notice
6.9 Notice of Resignation
6.10 Right of Discussion
UNIVERSITY OF MASSACHUSETTS
AMHERST BOSTON WORCESTER
OFFICE OF THE SECRETARY
ONE WASHINGTON MALL
BOSTON MASSACHUSETT5 02108
(617) 723-7820
June 2, 1976
MEMORANDUM FOR: Members of the University Academic Community
SUBJECT: University Academic Personnel Policy
The Board of Trustees, at its June 2, 1976, meeting, voted:
To adopt the Academic Personnel Policy as set forth in Trustee Document T76-081, as amended; further, that Docs. T63-050, T64-061 (except for Part II, Articles 5-7), T73-069, T75-125 and any other policy, rule or regulation incompatible with Doc. T76-081, as amended, be rescinded.
Gladys Keith Hardy
Secretary of the University
ARTICLE I. Authority, Duration, Definitions
Section 1.1 -- These academic personnel policies and procedural standards are promulgated by the Trustees of the University of Massachusetts under the authority of Massachusetts General Laws, Chapter 75. They shall remain in effect until amended, modified, or revoked by action of the Trustees, the right to do which is hereby reserved.
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Section 1.2 -- Amendments and modifications to these academic personnel policies may be recommended by any appropriate campus governance unit and shall be submitted for the appropriate governance review on all other campuses of the University prior to submission to the Trustees.
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Section 1.3 -- Unless otherwise specified herein, these academic personnel policies and procedural standards shall apply to the following personnel actions: appointments, reappointments, promotions, the award of tenure, alterations of the tenure decision year, sabbatical leaves, and salary adjustments. The standards and criteria herein shall apply to all departmental recommendations and subsequent reviews and decisions initiated after the date of this document.
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Section 1.4 -- Within the framework of the established allocation of primary responsibility and these University wide policies and procedural standards, the separate campuses of the University may develop supplementary academic personnel policies which are subject to the approval of the Board of Trustees.
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Section 1.5 -- The term department or departmental level as used in this document refers to the first organizational unit of the faculty.
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Section 1.6 -- The term major personnel action as used in Section 6.4 refers to reappointments through the tenure decision year, promotions to the ranks of Associate Professor and Professor, and the award of tenure.
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Section 1.7 -- Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as have acquired a peculiar and appropriate meaning shall be construed and understood according to such meaning. Words importing the singular number may extend and be applied to several persons or things, and words importing the plural number may include the singular. As used in these policies and procedural standards, the following terms shall have the meaning herein given unless otherwise expressly provided:
"Academic position" - A position as a lecturer, instructor, assistant professor, associate professor, or professor and all positions of like title, but bearing a specific designation such as adjunct, visiting, clinical, research, part-time, Commonwealth, etc.
"Academic year" - Except for the University of Massachusetts at Worcester, that period of time commencing with the beginning of the first week of classes in the fall and ending with commencement exercises, including any intersessions occuring during said period.
"Basic file" - The compilation of all relevant material related to the individual under consideration for a personnel action. and all recommendations based thereon necessary for a decision.
"Credit toward tenure" - The amount of time in yearly segments credited toward a faculty member's tenure decision year.
"Faculty member" - A member of the professional staff of the University who holds an academic position.
"Faculty" - As used in this document, is the departmental, collegiate, or campus group exercising primary responsibility in academic matters and in matters of faculty status, the membership of which is determined according to campus governance.
"Primary responsibility" - As defined in Trustee Document T73-098, is the capacity to initiate recommendations, after appropriate consultation, which will be overruled only by written reasons stated in detail. Faculty primary responsibility is the capacity of the faculty to initiate recommendations in academic matters and in matters of faculty status.
"Probationary period" - The period during which a faculty member can enjoy full-time regular academic appointments without being awarded tenure, not including a terminal appointment as provided for in Section E.2 (h).
"Professional staff" - All officers of the University and all persons (except those whose duties are clerical, custodial, security, labor, maintenance and the like) employed by the Commonwealth in the service of the University for teaching, research, administration, extension, enforcement, control laws and regulatory services, technical and specialized support staff, and such related activities as shall be determined by the Trustees.
"Tenure" - The right of a faculty member to continuous employment in an academic position until retirement age, subject to dismissal or suspension only as established in Trustee policy.
"Tenure decision year" - The academic year during which a faculty member is considered for an appointment with tenure.
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ARTICLE II. Academic Freedom, Equal Opportunity, and Affirmative Action
Section 2.1 -- Academic freedom, equal opportunity, and affirmative action are principles to be honored throughout the University, but they are particularly significant in academic personnel policy.
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Section 2.2 -- The standards and interpretations of the American Association of University Professors on matters of academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure shall serve as the basic guidelines for the maintenance of academic freedom.
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Section 2.3 -- These standards and interpretations as to academic freedom shall apply to all persons who are members of the professional staff of the University who perform teaching or research functions whether or not such persons occupy "academic positions" as that term is defined herein. No member of the professional staff of the University shall be dismissed, suspended or denied employment, or otherwise penalized, if said action would constitute a breach or infringement of said standards and interpretations as to academic freedom.
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Section 2.4 -- In all personnel decisions, there shall be equal opportunity for all persons without regard to race, color, religion, sex, age or national origin. Consistent with this principle, affirmative action shall be taken to seek and maintain adequate representation of women and minority group members throughout the University. All applicable federal and state laws and regulations relating to equal employment opportunity and affirmative action are incorporated herewith, together with campus and University plans and procedures which have been promulgated to implement such laws and regulations.
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ARTICLE III. Roles and Responsibilities in Personnel Matters
Section 3.1 -- The faculty has primary responsibility in matters of faculty status, such as appointments, reappointments, promotions, tenure and salary adjustments. The faculty also has primary responsibility in academic matters, and shall, whenever appropriate, relate the two in making personnel recommendations. The faculty shall exercise its primary responsibility as follows:
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Section 3.2 -- The Board of Trustees has the statutory authority to make decisions in matters of faculty status and may delegate that authority only to appropriate administrative officials (Mass. G.L. c.75 & 3A). The President has been delegated the authority to appoint members of the faculty to tenure with the concurrence of the Board of Trustees. Within the framework of Trustee policy, the Chancellors have been delegated the authority to make decisions in all matters of faculty status. Any re-delegation of appointing authority to the Provost or other academic administrative officials is subject to the approval of the Board of Trustees.
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Section 3.3 -- Academic administrative officials below the level of the delegated appointing authority are responsible for the review of the faculty recommendations. Such a review shall be based on an evaluation of the strength of the evidence in the basic file regarding the qualifications of the individual, and whenever appropriate, the justification of the recommendation within the context of long-range plans. Any such review shall result in an additional written recommendation which shall specifically address the original faculty recommendation in the context of established standards and criteria. The decision of the delegated appointing authority shall be made on the same basis. In making personnel reviews and decisions, all academic administrative officials shall act according to approved policy and through established personnel procedures. No academic administrative official shall make a recommendation or decision which is counter to the original faculty recommendation without compelling reasons in written detail which shall specifically address the content of that recommendation as well as the established standards and criteria. In addition, the President, in making tenure decisions, should disagree with the campus recommendation only in rare instances.
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Section 3.4 -- Students will also be assured the opportunity to participate in the personnel process, through contributing to the evaluation of a faculty member's effectiveness, particularly in teaching. Procedures for student participation shall be determined on each campus.
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Section 3.5 -- In academic personnel matters, the Department Chairperson/Head is responsible for the proper procedures at the departmental level, as outlined in Section 6.4 (a-f), as well as for the following:
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Section 3.6 -- In academic personnel matters, the Dean is responsible for the proper procedures at the school or college level, as outlined in Section 6.4 (f), as well as for the following:
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Section 3.7 -- In academic personnel matters, the Provost is responsible for the following:
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Section 3.8 -- In academic personnel matters, the Chancellor is responsible for:
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Section 3.9 -- In academic personnel matters, the President is responsible for:
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ARTICLE IV. Standards and Criteria for Personnel Reviews, Recommendations and Decisions
Section 4.1 -- High professional standards must be the basis for all personnel decisions. Personnel recommendations and decisions shall be made only after a review of all of the qualifications and all the contributions of the individual in the areas of teaching; of research; creative or professional activity, and of service. All three areas must be considered, but the relative weight to be given to each may be determined in the light of the duties of the faculty member.
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Section 4.2 -- For personnel recommendations and decisions, consideration must also be given to the relationship of the recommended personnel action to the following:
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Section 4.3 -- The standards and criteria described in this document and any standards and criteria established in Trustee-approved campus personnel policies shall be the only standards and criteria used in making and reviewing personnel recommendations.
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Section 4.4 -- Regular academic appointments at the University are made for full-time service at the ranks of Instructor, Assistant Professor, Associate Professor, and Professor. The following general criteria shall apply to all candidates for such appointments:
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Section 4.5 -- The general criteria for reappointment at regular ranks shall be the following:
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Section 4.6 -- Recommendations for promotion shall be based on qualifications and contributions in the areas of teaching; of research, creative, or professional activity; and of service; and on the following considerations:
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Section 4.7 -- All appointments and reappointments to regular academic positions without the award of tenure are probationary. The probationary period is an opportunity for the faculty member to demon strate the qualifications for reappointment, promotion, and the award of tenure. During the probationary period, the faculty member should have access to information on the substantive and procedural standards generally employed in decisions affecting reappointment, promotion, and the award of tenure.
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Section 4.8 -- No regular academic appointment without tenure shall carry with it any assurance, explicit or implicit, of a reappoint ment, a promotion, or the eventual award of tenure. Such actions must be based on a positive recommendation in accordance with procedures and standards established in Articles II, III, IV, and VI.
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Section 4.9 -- The award of tenure can be made only by the President with the concurrence of the Board of Trustees. Consideration of a candidate for tenure shall be based on the following:
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Section 4.10 -- The criteria for an initial appointment with tenure shall be those established for the rank involved and those for the award of tenure.
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Section 4.11 -- Special academic appointments include appointments with the titles of lecturer, adjunct (all ranks), clinical (all ranks), and visiting (all ranks). Each campus may develop definitions, criteria, and procedures for making special academic appointments subject to the concurrence of the Board of Trustees and within the following University wide guidelines: (Note: Until the Trustees adopt a specific policy on part-time status, all part-time appointments shall be governed by the provisions of 4.11)
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Section 4.12 -- Subject to the availability of funds, there are provisions for salary increments for professional advancement, awards for exceptional contributions, and adjustments for promotions and adjustments of salary inequities. Within the guidelines set for these categories by the President with the concurrence of the Board of Trustees, the Chancellor, in accordance with the appropriate governance procedures, shall determine the criteria and procedures for implementa tion of salary policy.
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Section 4.13 -- In addition to the provisions of University sabbatical leave policy (T66-049 as amended by T73-063), the general criteria for the award of sabbatical leaves, subject to the availabil ity of funds and a request by the faculty member, are the following:
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Section 4.14 -- Leaves without pay may be granted by the appointing authority for reasons of health, for advanced study and research, or in connection with temporary employment or service which will be of value tothe faculty member and the University. They are not normally granted for more than one year. An extension beyond the second year must be with the approval of the President.
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ARTICLE V. Rights of Members of the Faculty in Academic Personnel Matters and Responsibilities as Conditions of Employment
Section 5.1 -- Policies, criteria, and procedural standards established herein and additional policies, criteria, or procedures established on the campuses shall not infringe upon the following rights of faculty members in personnel matters:
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Section 5.2 -- Satisfactory fulfillment of the following responsibilities is expected of all members of the faculty as a condition of employment in all parts of the University:
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ARTICLE VI. Procedural Standards in Personnel Matters
Section 6.1 -- The length of initial appointments to regular academic positions and subsequent reappointments must conform to the following guidelines:
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Section 6.2 -- The timing of personnel recommendations, reviews, and decisions for individuals on probationary appointments shall conform to the following guidelines:
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Section 6.3 -- The terms and conditions of every appointment to an academic position shall be stated in, or as part of, the Approved Offer and Acceptance Form, signed by the appropriate administrative officials and countersigned by the candidate, which shall signify his or her understanding and acceptance of said terms and conditions. The terms and conditions shall specify the date of first full-time appointment at the University, credit toward tenure, the expiration of the current appointment in the case of an appointment without tenure, and the tenure decision year in the case of a probationary appointment. No other term or condition, whether implied or stated, whether to the advantage or disadvantage of the candidate, shall have binding force.
The terms and conditions of every reappointment (or any modifi cation thereof) shall be stated in or as part of the Notification, Offer, and Acceptance of Professional Staff Reappointment Form signed by the appropriate administrative officials, and countersigned by the candidate, which shall signify his or her understanding and acceptance of said terms and conditions. No other term or condition, whether implied or stated, whether to the advantage or disadvantage of the candidate, shall have binding force.
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Section 6.4 -- The process for recommendations, reviews, and decisions for major personnel actions - reappointments through the tenure decision year, promotion to the ranks of Associate Professor and Professor, and the award of tenure - shall conform to the following guidelines. For appointments, these guidelines shall be applied as indicated.
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Section 6.5 -- As established in Sections 4.2 and 6.4 (e), in cases of reappointment through the tenure decision year, and the award of tenure, the justification of the recommendation shall be made within the context of departmental long-range plans. Reviews of the recom mendation at the various levels shall be made in the context of school or college, campus, and University plans. If, after an initial re commendationhas been submitted by a department, new information and circumstances affecting program plans on the department, school or college, campus and University level develop, and such circumstances might lead to a reversal of the departmental or subsequent recommendation, these shall be communicated to the department and to all intervening reviewers and each level shall have the opportunity to reconsider its recommendation and to comment on the revised plans before action is taken.
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Section 6.6 -- No faculty member or administrative official shall participate directly in any recommendation or decision relating to appointment, reappointment, promotion, tenure,or other condition of employment at the University of any parent, child, spouse, sibling, parent-in-law, sibling-in-law, child-in-law, or stepchild, except under such circumstances as the President of the University may determine as warranting waiver of this prohibition in the best interests of the University.
A faculty member or administrative official should withdraw from participation in any personnel recommendation or decision involving potential conflict of interest.
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Section 6.7 -- Notice of non-reappointment shall be given in writing to the faculty member by the appointing authority:
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Section 6.8 -- Failure to send timely notice of non-reappointment shall entitle the faculty member to a terminal reappointment of one academic year.
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Section 6.9 -- A faculty member, wishing to terminate his or her appointment effective at the end of the academic year, shall give notice in writing at the earliest possible opportunity, but not later than May 15; or 30 days after receiving notification of the terms of his or her appoint ment at the University of Massachusetts for the coming year; whichever date occurs later. Waiver of this requirement of notice may be requested by the faculty member and granted by the appointing authority in appropriate circumstances.
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Section 6.10 -- Once a decision has been made by the appointing authority, the candidate may exercise the right of discussion at all administrative levels, beginning on the level where the first adverse recommendation was made. Prior to and at the level of the delegated appointing authority, such discussion may lead to a reconsideration of the recommendation or a change of decision. Beyond the level of the appointing authority, discussion may lead to a request that the appoint mg authority review the decision. For decisions taken at the level of the President, the right of discussion may be exercised with the President and subsequently with the Chairman of the Faculty and Educa tional Policy Committee of the Board of Trustees.
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It should be noted that current Trustee policy on dismissal and grievance would remain in effect in conjunction with Articles I-IV.
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