SP.04.03
April 24, 2006

University of Illinois
Urbana-Champaign Senate
University Statutes and Senate Procedures
(Action; Second Reading)

SP.04.03 Revisions to the Statutes, Articles IX and X, to provide optional multi-year contracts, and related dismissal procedures, for certain academic staff

BACKGROUND

On February 14, 2005, the UIUC Senate passed SP.04.03 in its original form. The intent of the drafters was that the provision should extend notice of non-reappointment rights to all classes of employees to whom notice of non-reappointment rights are currently provided. UIS passed identical language shortly thereafter, but UIC modified the language of the UIUC and UIS provision. The modification extended notice of non-reappointment rights to research assistant professors, research associate professors and research professors, based on the UIC Senate’s understanding that this group of employees is currently entitled to notice of non-reappointment. The University Senates Conference Statutes Committee has forwarded the UIC Senate document to the UIUC and UIS Senates for consideration.

USSP requested that the UIUC administration review this issue. Based on administrative confirmation that professors with modified titles including the term “research” that are fully funded with “hard” funding are entitled to notice of non-reappointment (see attached letter from Peg Rawles), the Committee recommends passage of the revised version of the multi-year contract provision as passed by the UIC Senate.

The only differences between the February 14, 2005 version of SP.04.03 and this version relate to notice of non-reappointment when "research" modifies the professorial ranks. Specifically, lines 63-64 no longer include "research" among the modifiers of professorial ranks that do not receive notice of non-reappointment, and lines 72-74 add appropriate language indicating that professorial ranks with “research” in the title do receive notice of non-reappointment. The appropriate non-notice rule is explicitly stated in lines 43-44. This will continue current practice, which was the intent of the original amendment.

RECOMMENDATIONS

The Senate Committee on University Statutes and Senate Procedures recommends approval of the following revisions to the Statutes. Text to be deleted is in [square brackets] and text to be added is underscored.

REVISIONS TO THE STATUTES, ARTICLE IX, SECTION 6, ARTICLE IX, SECTION 12, ARTICLE X, SECTION 1.a AND 1.a.(5)-(7)

ARTICLE IX, SECTION 6. Severe Sanctions Other Than Dismissal For Cause For Members Of The Faculty

ARTICLE IX, SECTION 12. Dismissal Of Academic Staff With Multi-Year Appointments Under Article X, Section 1(a), Paragraphs (6) and (7)

a. Members of the academic staff with multi-year appointments, as defined under Article X, Section 1(a), Paragraphs (6) and (7), of the Statutes, may be dismissed for cause in accordance with campus procedures, which shall be adopted by each Chancellor in consultation with the applicable campus Senate. In all cases, the Chancellor or the Chancellor's designee shall exercise the duties assigned to the President for academic staff who are members of campus units, and in all cases the process to be followed will be that of the campus on which the unit resides.

b. Campus procedures shall include, at a minimum, notice and opportunity for a hearing before the campus Provost or the Provost's designee.

c. Adequate cause for dismissal shall be limited to the following:

(1) Failing to perform contractual duties or related activities in a professional manner, whether from incompetence, neglect or willful refusal;

(2) Failing to follow all applicable campus or University regulations or policies related to the conduct of contractual duties;

(3) Acting outside the appropriate exercise of University responsibilities so as to willfully cause or threaten to cause physical harm to, harass or intimidate a visitor or a member of the University community;

(4) Willfully or negligently damaging, destroying or misappropriating property owned by the University or any property used in connection with a University function or approved activity; or

(5) Being convicted of a felony.

ARTICLE X, SECTION 1.a - paragraph 2

In the case of academic[-]staff positions authorized in Article IX, Sections 3c and 4a[,] other than appointments at the rank[s] of professor, associate professor, [and] assistant professor, dean, director, department head, and department chair, appointments shall be for not longer than [one year and] the terms specified in this Section. Contracts shall be renewable at the discretion of the hiring unit. Except as provided in Sections 7 and 8, below, notice of nonreappointment is not required. Dismissal prior to the end of the contract term shall be governed by Article IX, Section 12.

Each campus Chancellor shall, with the advice and consent of the local campus Senate, develop implementing procedures for multi-year contract appointments governed by this Section. Such implementing procedures shall include, at a minimum, (i) a binding ceiling, on a campus-wide basis, on the proportion of multi-year contract appointments to the sum of multi year contract appointments and appointments that are tenured or earning probationary credit toward tenure; (ii) assignment of oversight responsibility to an appropriate campus Senate committee; and (iii) the procedures for dismissal required under Article IX, Section 12(b), above.

ARTICLE X, SECTION 1.a.(5) - (7)

(New 5)An appointment which includes in the title the term "visiting," as authorized in the first paragraph of Article IX, Section 3c, shall be for not longer than one year.

([5] 6) An [A]appointment[s] which includes in the title the term[s] "adjunct," or "clinical," [or "visiting"] modifying the term "professor", "associate professor" or "assistant professor," as authorized in the first paragraph of Article IX, Section 3c, or an appointment with the rank of lecturer or instructor shall be for not longer than [one] three years. [Notice of nonreappointment is not required in such cases. An appointment with the rank of lecturer or instructor likewise shall be considered a temporary appointment for not longer than one year and notice of nonreappointment is not required.]

([6] 7) An appointment with the rank of teaching associate, research associate, [or] clinical associate, or which includes in the title the term "research" modifying the term "professor", "associate professor" or "assistant professor," as authorized in the first paragraph of Article IX, Section 3c, shall be for not longer than [one] three years. Written notice of nonreappointment is required [I]in the case of full-time appointments [nonsalaried appointees and all appointments] at these ranks other than appointments that are nonsalaried, part-time, or conditional upon the receipt of nonappropriated funds (as specified in the notice of appointment).[, notice of nonreappointment is not required. Otherwise, written notice of nonreappointment of full-time employees at these ranks is required.] The notice need not be accompanied by an offer of a terminal contract if the notice is given not later than six months before the end of an annual appointment or by March 1 in the case of an academic-year appointment.[; i] If notice of nonreappointment in such cases is given later than six months before the end of an annual appointment or after March 1 in the case of an academic-year appointment, it shall be accompanied by an offer from the Board of Trustees of a terminal contract for one additional year of service. In the case of multi-year contracts, notice, as described above, is required only in the final year of the contract.

([7] 8) [The tenure of] An appointment at the rank of any of the other special classes of academic staff [members] authorized under Article IX, Sections 3c and 4a, shall be for not longer than one year and shall be governed by the conditions prescribed in the preceding subparagraph, 1a([6] 7).