Appendix B.2 | Tenure & Promotion Appeals

Faculty who are not recommended for tenure and/or promotion by the provost have the right to appeal the provost’s recommendation under the tenure and promotion appeals procedures on the following grounds:

1. Violations of principles of academic freedom, as described in Section 2.2.1, but only based on a tenure and promotion recommendation.
   
   
2. Substantive procedural errors (based upon the procedures described in the Faculty Handbook, academic unit tenure and promotion guidelines, or departmental guidelines) in the review of the application.
   
   
3. Mistake in the review of a dossier such that a reviewing body is unaware of a credential that satisfies a requirement for tenure or promotion.
   
   
4. An arbitrary, capricious, or unsubstantiated recommendation.
   
   

At any stage of the appeals process, a faculty member can enlist the aid and advice of a Faculty Appeals Advocate through a written request to the Faculty Senate President. The Faculty Senate President shall appoint an Appeals Advocate within 14 days of the request. The Appeals Advocate must be a tenured faculty at the professor rank who is well versed in the appeals process, not currently serving on the Faculty Appeals Committees, and able to serve as a conflict-free advisor to an appellant during the appeals process. An Appeals Advocate can provide information about appeals procedures and the grounds for appeals, assist appellants in developing their appeals, and advise appellants during an appeal hearing.

The tenure and promotion appeal process is a formal process, but not a judicial process. Faculty members have a right to consult an attorney, but attorneys may not to participate in tenure and promotion appeals proceedings.

B.2.A Process for Tenure & Promotion Appeals

1. Formal Initiation of Appeal:
   
   
   • If a candidate decides to appeal a negative decision for tenure and/or promotion, he or she must initiate the appeal by providing a written notice of intent to appeal the provost’s tenure and promotion recommendation to the Faculty Senate President, the chair of the Faculty Appeals Committee, and the provost no later than February 15^th or the first regular business day after, if February 15^th does not fall on a regular business day. After filing the notice of intent to appeal, the candidate must submit the written appeal to the chair of the Faculty Appeals Committee, and the provost no later than March 1^st or the first regular business day after, March 1^st does not fall on a regular business day, which must include the following: 
     
     
     • The ground(s) for the appeal for which there is credible evidence supporting the appeal.
       
       
     • Evidence to support each ground that serves as the basis for the appeal. Assertions must be supported by documentary evidence or testimony.
       
       
2. Appeals Through the Faculty Appeals Committee:
   
   
   • After receiving the written appeal, the Faculty Appeals Committee will vote on whether
     
     
     • to take no action on the grounds that the appeal lacks merit for consideration or
       
       
     • to conduct a hearing.
       
       
   • If a simple majority of the Faculty Appeals Committee determines that the appeal merits consideration, the committee chair will contact the Faculty Senate office to make the arrangements for a hearing.  The hearing will be conducted in accordance with the procedures specified for a Tenure and Promotion Appeals Hearing which are presented in Appendix F.3.  The chair of the Faculty Appeals Committee must transmit the recommendations resulting from the appeal to the faculty member, department chair, dean, provost, and president no later than April 15^th or the first regular business day after if April 15^th does not fall on a regular business day.
     
     
3. Decision by the President:
   
   
   • After receiving recommendations from the provost and the Faculty Appeals Committee, the president makes a recommendation to the Board of Trustees and notifies the candidate of this recommendation.
     
     
   • In the case of a negative recommendation, the president will provide the candidate written reason(s) for the decision. The recommendation of the president is not appealable.