FACULTY HANDBOOK: 2005-2007 Edition, Section I
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Section I:
I. Introduction
A. Purpose of this Handbook
This Faculty Handbook contains statements of institutional policy
and procedure duly established by the Board of Trustees and in effect at the
time of its adoption. This Handbook provides a guide by which the
Board of Trustees, Faculty, and Administration conduct their relations with
each other in matters of faculty employment, welfare, rights, and
responsibilities.
B. Organization of this Handbook
The Faculty
Handbook contains eight sections. The first section applies to all
faculty of the University; the others apply, respectively, to the faculties of
the several colleges and the University libraries.
C. Handbook Amendment Procedure
1. The need to review the Handbook will be considered
by the Board of Trustees annually at the February meeting. It may,
however, be reviewed and amended by the Board by motion at its discretion
whenever necessary, providing that due notice shall be given of such intention.
When not bound by superior authority, the Board shall hear and consider
recommendations from affected faculty before taking final action.
2. Proposals for amendment of Section I of this handbook may be
initiated and presented to the Board(1) by the
President who shall, if not sustained by a majority of the affected faculty, at
the same time present the faculty recommendations to the Board; (2) by the
Faculty Senate; or (3) by the affected faculty through signed petition of 25
faculty members. Proposals for amendment of sections relating to a single
college, school, or the University Libraries may be initiated and presented to
the Board (1) by the President, who shall, if not sustained by a majority of
the faculty of that college, school, or the University Libraries, at the same
time present the faculty recommendations to the Board; (2) by the Faculty
governing body of that college, school, or University Libraries; or (3) by the
affected faculty through signed petition of 25 faculty members or 20 percent of
the affected faculty, whichever is less.
3. No proposal for amendment shall be acted upon finally and
established as policy by the Trustees without due notice to the affected faculty
and without hearing and considering their recommendation. Neither shall
any proposal for amendment be acted upon and established as policy by the
Trustees without due notice to the President and without hearing and
considering the President's recommendation.
4. Amendments to the Handbook become effective upon
approval by the Board of Trustees or a date set by the Board of Trustees.
II.
A. Organization
1.
Western Washington University consists
of seven colleges, the
2.
The President is the chief administrative officer of the University. Four
vice presidents have responsibilities as are indicated by their titles:
Provost/Vice President for Academic Affairs, Vice President for Business and
Financial Affairs, Vice President for Student Affairs, and Vice President for
External Affairs.
3. Appendix A gives a detailed organization chart.
B. Governance
1. The governing body of the University is the Board of
Trustees, which consists of eight members appointed by
the governor and confirmed by the State Senate and includes a student
appointee. This body establishes policy for the University; approves
appointments; executes contracts on recommendation of the President and in
consultation with the faculty, the staff, and the students; and performs other
duties prescribed by law. The President of the University is the representative
and spokesperson for the Board of Trustees. The faculty, through the
Faculty Senate, works closely with the President
and Provost/Vice President for Academic Affairs in formulating, implementing,
and evaluating university policies. It is the policy of
2. The Faculty Senate represents the faculty in matters
concerning faculty welfare, such as salary, insurance and benefits, retirement,
and items of university policy. The Executive Council of the Senate prepares
the agenda for Senate meetings, considers matters of grievance or delicacy with
respect to individual faculty members, meets on a scheduled basis with the
President and/or Provost/Vice President for Academic Affairs, and performs such
other duties as may be delegated to it by the Faculty Senate.
3. The Faculty Senate consists of 30 voting Senators, and the
President and Provost/Vice President for Academic Affairs as ex officio,
non-voting members. The powers of the Senate, including those of its
Executive Council and other councils, are those defined in the Constitution of
the Faculty, which appears as Appendix B of this handbook.
4. When a matter of special importance to the faculty is to
be decided, the Faculty Senate may call for a General Faculty Assembly for
purposes of discussion and recommendation.
C. Relationship Among the Colleges of
The faculty of
III. The Faculty [updated 12/2004]
A. Introduction
1. A faculty member is a person who holds a faculty position
as described below in Paragraph III. E. or Paragraph III.F. Each faculty member
is assigned to an academic unit. An academic unit is a college with one
or no departments, or an academic department that is the primary area of
academic appointments.
2. The University accomplishes its objectives, as set forth
in the general catalog, WWU University Bulletin, primarily with the
Academic Coordinating Commission and the Graduate Council. Department and
college faculties are responsible for developing programs and courses that meet
University standards and relate to University objectives. The Faculty Senate
has responsibility for matters of faculty welfare.
B. Academic Freedom
All the
ranked and unranked members of the faculty are guaranteed academic freedom as
set forth in the 1940 Statement of Principles of Academic Freedom and Tenure,
formulated by the Association of American Colleges and the American Association
of University Professors.
C. Faculty Duties
The
duties of probationary and tenured faculty include such activities as classroom
and laboratory instruction; preparation for teaching, research, scholarly and
creative activities; scheduled office hours; student advisement; committee
responsibilities; public service that uses faculty's professional expertise;
and occasional special assignments. The duties of full-time, limited-term
and part-time, limited-term faculty are fully defined in the letter of offer.
D. Scholarly and Professional Qualifications of Faculty Members
1. It
is the policy of
2. Faculty
members have an obligation to
adhere to and behave in keeping with the principles of faculty conduct
contained in the Code of Faculty Ethics (found in Appendix F of the Handbook).
3. Faculty
have an obligation to pursue excellence in teaching.
4. Faculty
have an obligation to engage in scholarly and/or
creative activity of recognized quality.
5. Faculty
have an obligation to serve their departments,
colleges, University, and profession. In addition, the University values
contributions to the wider scholarly and civic communities.
E. Qualifications and Characteristics of Faculty
Ranks
1. Instructor
An
applicant may be appointed to the rank of instructor if the person shows
promise of becoming an effective teacher and scholar. The applicant
should have completed, or nearly completed, formal professional training, which
in most cases will be evidenced by completion of the doctoral degree or the
accepted terminal degree for the discipline. An instructor not promoted
to assistant professor by the end of the fourth year of service at WWU will not
be reappointed. Tenure is not granted to instructors.
2. Assistant Professor
To
be appointed or promoted to the rank of assistant professor, a person shall
normally possess the doctorate or the accepted terminal degree for the
discipline. An assistant professor should also be able to show evidence
of effective teaching and scholarly activity. In exceptional cases the
establishment of a superior record in one of these areas may be sufficient.
3. Associate Professor
For
appointment or promotion to this rank, a person shall normally possess the
doctorate or accepted terminal degree for the discipline. This rank
requires a record of substantial achievement in both teaching and
scholarship. In exceptional cases an outstanding record of achievement in
one of these areas may be sufficient. Candidates for promotion to this
rank are also expected to present evidence of contributions to academic policy
and program.
4. Professor
For
appointment or promotion to this rank, a person shall normally possess the
doctorate or the accepted terminal degree for
the discipline. To attain the rank of professor, a faculty member must
show evidence of excellent teaching and sustained scholarship. Significant
contributions to academic policy and program are also expected.
Eventual
promotion to the rank of Professor is not earned by long service alone, and it
is not expected that all faculty members will attain this rank.
5. Professor Emeritus
The title of emeritus may be
conferred by the President of Western Washington University upon retiring
faculty members whose contributions have been deemed outstanding by their
peers. Recommendation for the title may be initiated by the faculty
member's department, by the appropriate Dean, or by the University Librarian;
it requires the support of the Dean of the college and must be approved by the
Provost/Vice President of Academic Affairs. The usual minimum service to
In
addition to those privileges accorded all retirees, emeritus faculty of Western
Washington University are eligible to sit on master's degree candidates'
supervisory committees; are listed in the Faculty/Staff Directory and may
receive a copy of the directory on written request; are listed in the Western
Washington University Bulletin; are eligible to march in graduation and other
formal ceremonies of the University; may be appointed members of Faculty Senate
committees; may receive a subscription to FAST upon written request; and may
use departmental office space and computer facilities on a space-available
basis, as determined by the appropriate department. Emeritus faculty do not vote on matters relating to faculty.
F. Qualifications and Characteristics of Faculty Without Rank
Expectations
for faculty without rank are fully determined by the terms defined in the letter
of offer. Any changes to the expectations shall be agreed to in writing
by the faculty member and the Department Chair.
1. Lecturer
Full
or part-time teaching faculty employed on a temporary basis or outside the usual
structure of rank and tenure are designated Lecturers. Initial
appointments to the post of Lecturer may be made for a stated period of three
years or less. The appointment expires at the end of the contract
period. In no case shall a person hold a position as full-time Lecturer
longer than six years. Part-time, limited-term employment does not count
as probationary service for tenure purposes and is not subject to the limit of
six years of service that applies to probationary and full-time, limited-term
faculty. Lecturers may participate in department affairs.
Departmental voting privileges are at the discretion of the department, but may
not extend to issues of appointment, tenure, promotion, or other personnel
matters.
2. Special Appointment
A
scholar or artist of recognized outstanding attainment may be appointed to any
academic rank regardless of the academic degree held. Faculty
hired by special appointment are not granted voting privileges.
3. Affiliated Teaching Faculty
People
may be appointed to perform specialized teaching duties in positions that do
not carry tenure, rank, promotion, or faculty voting privileges. Examples
of such positions are affiliated teachers of music and joint appointment of
public school teachers for student teaching supervision. Affiliated
Teaching Faculty are not granted voting privileges.
4. Research Associate
A
scholar of recognized attainment may be appointed as a research associate to
conduct or direct research. Research associates are not granted tenure,
promotion, or faculty voting privileges and are not salaried by the University.
5. Visiting Faculty
An
individual may be appointed as visiting instructor, visiting assistant
professor, visiting associate professor, or visiting professor, provided the
individual qualifies for the rank and the appointment is clearly temporary.
Visiting faculty are not granted voting privileges.
6. Adjunct Professor
A
scholar of noteworthy attainment may be appointed as an adjunct professor in
order to recognize a collegial affiliation with a University department and its
faculty. The title is an honorary form of association and neither
establishes nor recognizes an employee-employer relationship. Adjunct
professors are not granted tenure, promotion, or faculty voting privileges.
IV. Appointments
A. General Provisions
1. The appointment of any faculty member shall be on the
basis of the requirements of the position and the qualifications of the
individual applicant for the position, these Handbook requirements, and
qualifications to be judged by the faculty of the unit and approved by the
appropriate Dean or University Librarian, the Provost/Vice President for
Academic Affairs, and the President, who has appointing authority.
2. Appointments to faculty positions at the University are of
three kinds:
a.
probationary appointments (tenure-track)
b.
permanent appointments (tenured)
c.
limited-term appointments (non-tenure-track)
3. Appointments for less than full time:
a. Fractional appointments are those probationary
or permanent appointments carrying less than a Full Time Equivalent Faculty (1.0
FTEF) appointment. Only in special circumstances will fractional
appointments be made.
b. Part-time appointments are limited-term
appointments for less than 1.0 FTEF during the academic year.
4.
Non-tenured faculty are those faculty on probationary
or limited-term appointments.
B. Initial Appointments and Orientation
1. The terms and conditions of employment of a faculty
member, which shall have the approval of the Department Chair and Dean or
University Librarian, are contained in the letter of offer from the
Provost/Vice President for Academic Affairs to the faculty member. . This
letter and the provisions of this handbook will be the sole basis for
determining the contract. The items to be defined in the letter of offer
shall be the position to be filled, academic rank, salary, specification of
appointment (permanent, probationary, or limited-term), expectations with
respect to the completion of advanced degrees in relation to rank and tenure,
and any other special or limiting provisions. The President, as
appointing authority, must approve all conditions of initial employment and all
renewal agreements until tenure is granted.
2. The faculty member will be advised by the Department Chair
or appropriate Dean or University Librarian or director at the time of initial
appointment of the substantive standards and procedures generally employed in
decisions affecting renewal and tenure as well as any special standards adopted
by the faculty member's department or college. The faculty member will be
advised of the time when decisions affecting renewal or tenure are ordinarily
made, and will be given the opportunity to submit material which may be helpful
to an adequate consideration of his/her renewal or tenure.
3. Lecturers, probationary faculty, and tenured faculty shall
receive a copy of the Faculty Handbook, be issued a WWU I.D. card; receive
complete information on insurance and other benefits available; be eligible to
serve as appointed members of Faculty Senate committees; become a voting member
of the faculty at .5 FTEF or more for University-wide elections; be notified by
the Chair or unit head of department meetings; and be informed about any limit
on department voting privileges; and shall be provided with a mailbox, office
space containing a telephone and a computer, instructional support, and access
to departmental office staff.
4. All other faculty without rank and emeritus faculty shall
receive a copy of the Faculty Handbook; be issued a WWU I.D. card; receive
complete information on insurance and other benefits for which they are
eligible; and shall be provided with the support appropriate to the performance
of their duties.
C. Appointment Categories
1. Probationary and Tenured
a. Permanent Appointments
(tenured)
The
President or his/her designee, normally by July 1, sends a letter to faculty
members on permanent appointment giving notice of continued appointment.
This letter sets forth the salary step and associated salary which the faculty
member will receive the forthcoming academic year. Conditions of this
continuing appointment are stated in the letter.
b. Probationary Appointments (non-tenured)
Probationary
appointments may be for one year or for other stated periods.
Probationary appointments may be fractional appointments that involve at least
.5 FTEF. For conditions of probationary service, see section on tenure.
2. Limited-Term Appointments
a. Full-time, limited-term appointments are typically used
for replacement of faculty on leave or for staffing experimental programs and
should be used only when departments expect in good faith to have only a
short-term need. Part-time, limited-term appointments should be used
either to meet temporary personnel needs or to staff part-time positions well
below the 1.0 FTEF level. Limited term appointments expire at the end of
the contract period unless extended and do not normally lead to a change in
appointment to a tenure-track position. Departmental voting privileges
are described in Section III.F. but may not extend to
issues of tenure, promotion, or other personnel matters.
b. Departments will make every effort to anticipate the need for
limited-term faculty during the regular planning cycle. Normally,
departments will identify existing funds or obtain provisional funding in a
timely manner, such that the same timetable will be used to notify tenure-track
and limited-term faculty members about their appointment status and job
responsibilities for the forthcoming academic year. Departments will
pursue the goal of accurately listing every faculty member and his/her teaching
assignments in the class schedule bulletin. Last minute assignments and
changes in responsibility will occur, but should be limited to situations that
cannot be reasonably foreseen. Limited-term faculty members will be
appointed for the longest period of time that the need for their services can
be anticipated, not to exceed three years per contract. Specifically,
quarter-to-quarter appointments will be avoided whenever a single appointment
for the entire academic year is possible.
c. Limited-term faculty are eligible for full faculty insurance
and retirement benefits once they meet established criteria. The benefits
and criteria governing institutionally supported retirement plans are described
in Section XIV of the Faculty Handbook. The University also
offers a variety of insurance coverages, including
health, life, and long-term disability insurance. These insurance plans
are provided for and administered by the Washington State Health Care
Authority. Information pertaining to state-paid and optional self-paid
coverage, as well as requirements for self-pay continuation of benefits
following termination of employment (COBRA), may be obtained from Western's
Human Resources Department (Benefits). The University will make every
effort to maximize the possibility that a limited-term faculty member will meet
the eligibility criteria. Specifically, contracts will not be formulated
so as to deprive faculty members of eligibility for benefits
D. Changes in Appointment for Tenure Track or Tenured Faculty
1. Faculty members may negotiate changes in the
terms and conditions of their appointments as described in the original letter
of offer. Changes, such as reduced or increased appointment or change in
responsibilities, shall be agreed to in writing by the faculty member, the Department
Chair, the Dean, or University Librarian, and the Provost/Vice President for
Academic Affairs. Changes may be permanent or of specified
duration. In the case of permanent changes, the faculty member
relinquishes the right to return to the original contract without the agreement
of the Department Chair, Dean or University Librarian, and Provost/Vice
President for Academic Affairs. Changes of specified duration may be for
a period of up to six years and may be renewed by agreement of all parties.
All such changes are subject to approval by the President, as appointing
authority.
2. The
University may require a faculty member to accept a change in appointment only
as a result of the termination of a program or department of instruction.
Such changes in appointment, including possible termination, shall be carried
out in a manner consistent with Section E through P of the Reduction-In-Force
Policy ("
3. The
University does not have an obligation to agree to a change, increase, or
reduction in appointment for any faculty member, but must give serious
consideration to such requests.
4. Faculty
members will receive a copy of the "Payroll Appointment or Change
Form" that implements any change in appointment.
V. Evaluation of Faculty
A. Student Evaluation of Faculty
1. All faculty should have most of their courses evaluated.
The
2. The
assessment of teaching, as it contributes to tenure/promotion merit review,
shall include both peer review and student evaluations.
B. Evaluation of Limited Term Faculty (updated Summer 2004)
1. All limited
term faculty shall be evaluated
annually by their unit in a manner established by the unit and the appropriate
Dean, or University Librarian, on the basis of the expectations and duties
defined in the letter of offer. Other contributions may be included if
agreed to in writing by both the faculty member and the Department Chair.
The result of the evaluation is to be summarized in an annual letter from the
Department Chair to the Dean or University Librarian, with a copy to the
faculty member and the Provost/Vice President for Academic Affairs. Under
no circumstances shall an evaluation of a limited term faculty member be
undertaken without the faculty member’s knowledge.
C. Evaluation of Probationary Faculty
1 . All probationary faculty shall be
evaluated annually by the tenured faculty of their unit, the Department Chair,
and the appropriate Dean or University Librarian (according to unit evaluation
plans) until the University President grants tenure or does not reappoint. In
the case of first year appointments only, a department or college may
adopt a procedure that does not require the participation of all tenured faculty. Alternative procedures for first year faculty must
be approved by the appropriate Dean or University Librarian, must be the
same for all first year faculty in the unit, and
must involve the creation of a written report on the faculty member's
performance. A written report of this review will constitute the annual
evaluation. The annual evaluation
shall be completed by March 15 of each year, and
shall contain a statement regarding the faculty member’s progress towards
tenure. Under no circumstances shall such an evaluation of a
non-tenured faculty member be undertaken without the faculty member’s
knowledge.
2. If a
college is organized into departments, formal evaluation is to be summarized in
an annual letter from the Department Chairperson to the Dean or University
Librarian with a copy to the non-tenured faculty member and the Provost/Vice
President for Academic Affairs. This letter is to contain the Department
Chairperson's report and a synthesis of comments from the evaluating body of
the department. Tenured members have the right and responsibility of
participating in the evaluation. Evaluations should be invited from all
probationary members of the department, but should not be required. All
faculty evaluations that are appropriate shall be used in the evaluation.
3. If a
college is not organized into departments, the annual letter of evaluation is
prepared by the Dean and sent to the Provost/Vice President for Academic
Affairs with a copy to the faculty member. Members of the respective
college faculty participate in the process in the same manner as department
faculty in the colleges with departments.
4. Each
faculty member shall prepare and submit to his/her Department Chair or Dean an
annual activity report listing courses taught, publications, and other
scholarly accomplishments, and service to the University and community.
Annual activity reports shall be prepared in a format developed by each college
to suit its unique needs.
D. Evaluation of Tenured Faculty
Members
1. Tenured
faculty are entitled to and may request a regular review concerning general
professional goals and standards, or in relation to any personnel actions (promotion,
general merit, special merit) for which they may wish to be considered.
This review shall take the form of a conference with the Department Chair
according to established departmental procedures or, if desired, the Dean.
2. Formal evaluation of tenured
faculty is undertaken to review and assess professional growth and
development. Such evaluation is undertaken whenever a favorable personnel
action is under consideration and at such other times as departmental or collegiate
policy may dictate. For purposes of establishing continuing adequacy of
performance and satisfactory professional development and growth, tenured
faculty must regularly be evaluated by a Professional Performance / Development
Review. The Professional Performance / Development Review includes
review by department peers. This review will normally occur every five
years after the faculty member receives tenure. Under no circumstances
will such an evaluation of a tenured faculty member be undertaken without the
faculty member's knowledge. If a faculty member fails to provide current
materials for the review period or otherwise does not adequately participate in
the review s/he will be considered to have failed the review. Policies
and procedures for evaluation of tenured faculty are those appropriate to the
personnel action being considered and are developed by the faculty of each
academic unit in accordance with unit evaluation plan guidelines.
3. Formal
evaluation of tenured faculty also may be undertaken where there is substantial
evidence that the faculty member has not performed his/her duties
adequately. In the case of the alleged inadequate performance, no formal
evaluation shall be undertaken until the faculty member has been notified of the
allegations and has had an opportunity to respond to them. Under no
circumstances will such an evaluation of a tenured faculty member be undertaken
without the faculty member's knowledge.
4. While it is expected that tenured faculty will receive a Professional
Performance / Development (PP/D) Review every five years, the review period
will be three years if the shorter period is required for accreditation.
Flexibility in this requirement is permissible. A shorter review period,
for example, may occur if a PP/D review is not successfully passed (in line
with V.C.3) or if specified by a unit evaluation plan. A longer period
might occur, for example, if a faculty member eligible for a five-year review
is within a year or two of retirement. Adjustments to lengthen or shorten
the review period are also possible to accomplish a department’s administrative
aims such as equalizing the percent of faculty reviewed in any one year.
Changes in the length of the review period should be approved by the department’s
college.
5. Procedures for
Professional Performance / Development Review
a. Faculty
undergoing a Professional Performance / Development Review shall provide to the
Chair and other colleagues in the department evidence of teaching
effectiveness, scholarly/creative/artistic endeavor, and service to the
institution and profession. The materials required for this evidence is
specified in the unit evaluation plan. It is suggested that the materials
include a comprehensive vita, the annual reports for the review period,
students’ evaluations of the instructional quality of most classes taught, peer
evaluations of teaching, syllabi for courses taught, examples of students’ work,
distributions of assigned grades, a comprehensive listing of publications or
creative/artistic activities during the review period, and examples of the most
significant scholarly or creative/artistic accomplishments. {revised 12/2005}
b. Standards
for evaluation in the areas of teaching scholarly/creative/artistic endeavors,
and service are determined by the descriptions of various academic ranks as
established in the Faculty Handbook, Section I.III.E., "Qualifications and
Characteristics of Faculty Ranks." The faculty member's performance
shall be classified as unsatisfactory, satisfactory, or superior for each
area. The review period shall include all evidence accumulated since the
last successful review.
c.
Departmental summaries and Chair's evaluations are forwarded
to a college-wide committee for review, evaluation, and recommendation to the
Dean. Materials accompanying the departmental recommendation, if any, are specified by the unit evaluation plan. In units
without departments (
d. Faculty
receiving an unsatisfactory evaluation in teaching shall be given help from the
institution to achieve a satisfactory evaluation and shall be evaluated for
teaching again the next year.
6. Each
faculty member shall prepare and submit to his/her Department Chair or Dean an
annual activity report listing courses taught, publications, and other
scholarly accomplishments, and service to the University and community.
Annual activity reports shall be prepared in a format developed by each college
to suit its unique needs.
1. Each college
and library shall develop a unit evaluation plan by which its members will be
evaluated. It is the responsibility of the Dean or University Librarian to
provide every faculty member with a copy of the current Unit Evaluation
Plan. A department may prepare an addendum to the unit evaluation plan
which is consistent with the unit evaluation plan but provides more specific
criteria for its members. Faculty not clearly identified with one college or
library will be evaluated according to specifications outlined in the letter of
offer.
2. The unit
evaluation plans specify how evaluation varies according to its purpose, be it
reappointment, tenure, promotion, general merit, or special merit.
3. The three
domains of faculty activity are teaching, scholarship/creative endeavor, and
service. Unit evaluation plans should address the types of materials
faculty members should assemble for evaluation within each domain. The unit
evaluation plan should acknowledge that University teaching comprises more than classroom performance,
and evidence beyond student evaluations must be brought to bear in assessing
teaching. Recommendations as to (1) activities of the faculty which the
evaluation process should address, and (2) evidence that might be assembled and
examined are itemized in Section V.C.5.a.
4. The unit
evaluation plan sets the relative importance of each domain in each type of
evaluation, or explains how the relative importance is determined. (This
must comply with III.E. of the Handbook.)
5. The
evaluation plan describes the evaluators' responsibilities and how to promote
their fulfillment. The plan identifies those circumstances under which
evaluations from outside the unit will be sought, and how such evaluations are
to be treated.
6. The
evaluation plan, or any revision of an existing plan, requires the approval of
the college (or library) faculty policy-making committee, and the Dean (or
University University Librarian). The
Provost/Vice President for Academic Affairs will review and approve the
evaluation plan for compliance with University standards and procedures.
A departmental addendum requires the same approach.
7. Each Unit Evaluation Plan shall be reviewed and, where appropriate,
revised at least every six years. It is the responsibility of the Dean
(or University Librarian) to see that the current version of the plan is being
used. However, where a review term straddles one or more changes in the plan, a
faculty member may choose which one of the applicable plans under which he or
she is assessed.
VI. Tenure
Regulations
A.
Eligibility for Tenure
1. The
President, as appointing authority, after review of recommendations from the
faculty and the appropriate Dean (or University Librarian) and the Provost,
grants tenure to faculty who have served a period of probationary service and
who in the judgment of the faculty, the appropriate Dean, the Provost and the
President are capable of making substantial contributions to the
University. The President, as appointing authority, upon recommendation
of the faculty, the appropriate Dean and the Provost, may also grant tenure at
the time of initial appointment to individuals of outstanding reputation.
Normally, tenure is granted only to those who hold the rank of associate
professor or professor.
2. The
eligibility of a faculty member for tenure is determined by the conditions of
initial appointment contained in the letter of offer. Faculty members who
are eligible for tenure are probationary faculty. Appointments of less than .5 FTEF are never
probationary; they are part-time, limited-term appointments. Appointments
of .5 FTEF or more may be either probationary or limited-term, depending on the
conditions specified in the letter of offer.
B. Calculating
Fraction of Appointment and Period of Service
1. Only
appointments of .5 FTEF or greater are used to determine duration of service
for purposes of determining the probationary period.
2. The
unit of time for determining fractional service is the academic year. A
faculty member employed full-time for one quarter holds an appointment of .33
FTEF, as does a faculty member on .33 FTEF appointment
for all three quarters of an academic year. Summer session does not count
toward period of service for tenure consideration.
3.
The
period of probationary service at the University is equal to the number of
years served on a full or qualifying fractional (.5FTEF or more)
appointment. For example, a faculty member who worked .5 FTEF for three
years would have accumulated 3 years of probationary service to the University.
C. Procedures
for Granting Tenure (12/2004)
1. When
a candidate applies for tenure and/or promotion, the total professional profile
of the individual will be considered. All candidates must demonstrate a
record of accomplishment at
2. A candidate may not add new material to his or her
file, except to update the status of scholarly or creative work in progress,
once it has left the candidate’s department.
3. The
total period of full-time service at
a. Scholarly leave of absence of one year or
less, except for work on an advanced degree, will count as part of the
probationary period, unless the individual and the President or the President’s
designee agree in writing to an exception to this provision at the time the
leave is granted.
b. The total period of full-time service at
c. The President or President's designee may
grant an extension of one year to the probationary period, on request by the
faculty member, as a result of the faculty member's having taken compassionate
leave or as a result of significant disruptions in the life of the faculty
member where such events can be shown to have affected significantly, or are
expected to affect significantly, his/her ability to engage productively in
activities normally evaluated in tenure consideration.
d. The faculty member will be evaluated for
tenure not later than the sixth year of service (or as amended by extension,
under the provisions above). An unsuccessful application before the sixth
year does not change the probationary period.
4. a.
Recommendation regarding tenure is
initiated in the academic unit (which, generally speaking consists of
department and Chair), which has primary responsibility for the evaluation of a
candidate's file. The recommendation of the academic unit is reviewed by the appropriate tenure and promotion
committee, if any, and the Dean according to the standards and procedures of
the college or library unit evaluation plan. The Dean forwards her/his
recommendation and those of the academic unit and tenure and promotion
committee to the Provost/Vice President for Academic Affairs. The Provost
reviews the recommendations for compliance with University standards and
procedures and in turn makes recommendation to the President. Candidates
will be notified of the President's decision prior to March 15.
b. Candidates will receive a copy of the letters
of recommendation prepared by the Department Chair, the tenure and promotion
committee, the Dean, and the Provost.
c. In instances where the Chair, the tenure and promotion
committee, the Dean, or the Provost recommends against tenure, the letter from
the negative recommender will give the specific reasons for the negative
recommendation. Upon receipt of a negative recommendation at any level,
the candidate will have fifteen working days to submit a written response to
the negative recommendation, which will accompany the candidate’s file to the
next level of the process. A candidate who has received a negative
recommendation at any level may meet with the Dean or the Provost once the file
has reached that level. A negative recommendation at any level does not stop
the process—at each level the candidate may choose either to proceed forward or
withdraw. A candidate who withdraws from the
tenure process in his or her final year of eligibility will be considered to
have resigned from the University effective at the end of the next academic
year, unless the candidate submits a resignation to take effect earlier than
the conclusion of the next academic year, and will not receive notification
from the President regarding the tenure application.
d. If, in the candidate’s last year of
eligibility for tenure, the President denies tenure, the candidate may
appeal the denial to the Board of Trustees, which may conduct an adjudicative
proceeding pursuant to the Administrative Procedures Act, Chapter 34.05.RCW. If the President fails to grant tenure by the
sixth year of service or by the end of an extended probationary period as
allowed in Section VI.C.2.c, the contract for the forthcoming year shall be a
terminal contract.
e. For Faculty holding fractional probationary appointments, the
granting of tenure conveys rights to only the fractional appointment held at
the time tenure is granted.
[material in Sections III. through VI. revised by the Senate and approved by BOT 12/2004]
VII. Policies
on Affirmative Action, Employment, Equal Opportunity, and Discrimination
A. It
is the policy of the Board of Trustees of Western Washington University to
provide equal employment opportunity for all employees and applicants for
employment regardless of race, color, religion, national origin, sex, pregnancy,
age, marital status, sexual orientation,
B. WWU Affirmative Action,
Employment, Equal Opportunity, and Discrimination Guidelines appear in Appendix
C of this Handbook. The details of these policies and their
implementation are contained in a publication entitled, “Western Washington
University Administrative Policies and Procedures of Affirmative Action,
Employment, Equal Opportunity, and Discrimination,”
which is available from the Equal Opportunity Center.
VIII. Conflict of Interest
Resulting From Family Relationship
It is an
objective of
A. Members of the same family, persons in cohabitation
relationships, or persons engaged in romantic or sexual relationships may be
employed by
B. No faculty member, department chairperson, academic dean,
or other academic administrative officer of Western Washington University shall
initiate or in any way participate in any decision which involves the
appointment, evaluation, promotion, retention, or dismissal of a family member,
a person with whom he/she is in a co-habitation relationship, or a person with
whom he/she has a romantic or sexual relationship or which might have a direct
effect on the condition of employment with the University of a family member, a
person with whom he/she is in a cohabitation relationship, or a person with
whom he/she is having a romantic or sexual relationship. Whenever a
department chairperson, academic dean, or other administrative officer would in
the normal course of business initiate or participate
in a decision prohibited under this sub-section, the Provost/Vice President for
Academic Affairs shall delegate the responsibility for such decision to an
appropriate person.
C. No employee shall review, audit, or administer public funds
under the control of another family member, a person with whom the employee is
in a co-habitation relationship, or a person with whom the employee has a
romantic or sexual relationship.
D. When an employee discovers that his/her duties will lead to
making decisions regarding the appointment, evaluation, promotion, retention,
or dismissal of a family member, a person with whom he/she is in a cohabitation
relationship, or a person with whom he/she has a romantic or sexual
relationship, he/she will promptly inform his/her immediate supervisor (chair,
director, dean, etc.) and request that those duties be assigned to a different
employee.
E. See Appendix C, Section I for
IX. Faculty Files
A. There are three groups of faculty files maintained by the
office of the Provost/Vice President for Academic Affairs and the dean of the
appropriate college.
1. Initial
employment files. These files contain material received, including
confidential recommendations, prior to initial appointment. These
materials are kept sealed in the office of the Provost/Vice President for
Academic Affairs for a period of seven years, at which time they are
destroyed. These files are confidential.
2. Faculty
personnel files. These files contain an updated vita; annual
reports as submitted to the dean; copies of all communications with the faculty
member regarding appointment and terms of contract; the chairperson's annual
letters of evaluation of non-tenured faculty; letters of commendation and/or
letters critical of a faculty member. A copy of any such letter of
commendation and/or letter critical of a faculty member shall be sent to the
faculty member at the time the letter is placed in his/her file.
3. A faculty
member has the right to review his/her personnel file and to place written
responses to any material in the file. No items may be removed from a
faculty member's file, except for brief inspection or copying.
4. Faculty
files relating to awards including tenure, promotion, general and special
merit. These files contain the materials generated during review,
recommendation, and actions. The material submitted by the candidate in
support of the application is returned to the candidate once a final decision
is made.
B. Documents relative to
grievances are maintained by the Provost/Vice President for Academic Affairs
and the Faculty Senate Office.
C. The law regarding confidentiality shall be followed. The
Faculty Personnel Files and other files, including those relating to tenure,
promotion, general and special merit, grievances, and sexual harassment are not
subject to public inspection.
Anyone
wishing to inspect University files and other public records regarding
individual faculty members must make a request in writing to the Public Records
Officer or to the Provost/Vice President for Academic Affairs in accordance
with WAC 516-11-080. When a request is made by anyone not having access
in the normal course of university business to the file requested, the Public
Records Officer or the Provost/Vice President of Academic Affairs shall make a
reasonable effort to notify as promptly as possible the person whose file is
being inspected and shall provide that person with a copy of the written request
to examine the file.
X. Salary Policy
A. Objectives
1. The
objective of the salary policy is to formalize the relationship between
performance, qualifications and salary or salary change. All probationary
and tenured faculty are covered by this policy.
Limited-term faculty on .5 or more appointment having served
six or more quarters are also covered by this policy. The Faculty
Senate, with the advice of the Salary and Welfare Committee, recommends
proposed salary changes to the University Administration for review and
adoption by the Board of Trustees.
2. It is the
objective of the University to recognize faculty achievement in the areas of
teaching, scholarship or creative/artistic endeavor, and professional service,
as judged by peer and administrative review, with increases in salary.
When the performance of a faculty member is reviewed for purposes of salary
increase, such review shall involve the informed judgment of peers as a major
part of the review process.
3. It is the
objective of the University to hire and retain the most qualified faculty and
to compensate faculty without regard to race, gender, or any other factor
unrelated to the faculty member's performance of his/her duties or to economic
conditions as described in Section D. A clear and equitable salary policy
is a necessary means to that objective.
4. To be fair
and equitable, a salary policy must provide an objective and public means for
determining the distribution of salary resources, which are necessarily
limited. This salary policy provides for distribution of salary resources
to recognize continued professional growth of faculty, faculty achievements of
merit, changes in the overall cost of living, and differences in market
conditions that affect hiring and retention of faculty.
B. Salary Calendar
The
contract period for the academic year begins September 16 and ends June
15. Workshop and Continuing Education classes,
externally funded research projects, and the Summer Session, which are not
funded from State appropriations, are not considered part of the faculty
member's regular assignment. A faculty member may earn additional
compensation for these activities. In the case of externally funded research projects, the additional compensation shall
not exceed the amount specifically approved by the sponsor, and shall be
subject to all other limitations imposed by the sponsor. Additional
compensation during the academic year that is paid from Federal funds is
subject to the limitations of the Office of Management and Budget Circulars.
C. Salary Schedule
1. Compensation
shall be based upon a continuing salary schedule to be adopted by the Board of
Trustees. Each year the Faculty Senate recommends to the President a
specific salary schedule for administrative review and for presentation to the
Board of Trustees for adoption.
2. Salary
policy requires that the salary schedule show academic year (nine-month)
salaries with provision for full-step and half-step increments. A
full-step increment is defined to be a 3 percent increase over the previous
step.
D. Salary Categories and Priorities
This
salary policy classifies the division of any legislative appropriation
designated for faculty salary increases and monies available from other sources
permitted by law into five categories: (1) promotion; (2) general merit: (3)
cost of living; (4) special merit; (5) equity, compression, retention; and
(6) specifically designated funds. Those salary increases obtained for 1-5 will
be disbursed under the provisions described in Section E below. The
priorities for dividing funds among these categories are as follows:
1. Promotion
Promotions shall be the first
priority in the funding of faculty salary increases. The salary increase
for promotions shall be a three-step increase effective at the beginning of the
next academic year following promotion. Promotion steps shall be in
addition to any general merit steps to which the individual may be entitled:
however, faculty are not eligible for special merit in the year in which they
are promoted. Promotion raises will be financed from funds recaptured within
the University through retirements and resignations. In those years when
there is insufficient money to fund all promotions from recapture funds or
other existing sources permitted by law, sufficient money from any legislative
appropriations for salary increases shall be used to fund them. Should
recapture dollars be insufficient and the Legislature not provide sufficient
appropriations for salary increases, those promotions shall be funded the next
time money is available from recapture funds or legislative appropriations.
2. General
Merit Step Adjustment
Funding of general merit shall
be second only to promotion in funding priority. Eligibility for a
General Merit Step increase depends both on: a) availability of funds allocated
by the State Legislature and b) satisfactory performance of professional duties
and an indication of professional development and growth as shown by successful
passing of the faculty member's last Professional Performance/ Development
Review (V.D.2).
3. Cost of
Living
Salary funds shall be allocated
for this purpose after the needs of promotion and general merit steps have been
satisfied. Funding shall not exceed the actual percentage change in the
Consumer Price Index less 3 percent. The index used shall be the CPI-U.S.
for all Urban Consumers published by the U.S. Department of Labor, Bureau of
Labor Statistics. The actual CPI increase shall include the time period
from the CPI cutoff month of the last legislative increase to the CPI index for
the fourth month prior to the month in which the salary increase becomes
effective. All faculty covered by this salary policy shall be given equal
percentage increases. These increases shall be reflected in an upward
adjustment in the value of each step and half-step on the salary schedule.
4. Special
Merit
Special Merit shall be funded
using 75 percent of any funding remaining after priorities 1-3 of this section
have been met. Merit awards shall be made in half-step increments to
eligible faculty. A faculty member may be awarded more than one half-step
increment as part of a special merit award.
5. Equity,
Compression, Retention
Equity, compression, and
retention shall be funded using 25 percent of any funding remaining after
priorities 1-3 of this section have been met. Permanent adjustments to
faculty salaries shall be made in half-step increments. A faculty member
may be awarded more than one half-step increment as part of an equity,
compression, or retention adjustment in salary.
6. Specially
Designated Funds
In the event that the Legislature appropriates funds
designated specifically for purposes such as faculty retention and recruitment,
the Salary and Welfare committee, after consulting with the University Planning
Council, and in consultation with University administration, will propose a
process for the allocation of such funds and provide a rationale for the
proposed allocation process to the Faculty Senate for approval. To the extent
allowed by legislative intent, any proposed allocation process should both
balance the various factors that can affect faculty morale, retention and
recruitment and also respond to the priorities of the current situation.
E. Criteria and Administration
of Funds
1. Criteria for General Merit Step Increase
(a) Tenured Faculty
(1) Tenured faculty shall be reviewed by their college/library/departmental
peers through a formal Professional Performance /Developmental Review process
(V.D.2 & 5).
(2) A faculty member having been tenured or promoted from assistant
to associate or associate to full professor will be deemed as having satisfied
the requirements for general merit step increase for increases occurring during
the review period subsequent to the promotion. Review of the faculty
member in the final year of the review period will be necessary to qualify for
any general merit increase in the subsequent year. {revised 12/2005}
(b) Probationary Faculty: Probationary faculty shall
be reviewed annually in accordance with Section V.A & C.
(1) Newly Hired Probationary Faculty. During the initial year
of appointment newly hired faculty are not eligible for general merit.
They are, however, eligible for any increases in the base (value of the step).
(2)
Continuing Probationary Faculty: For each year following the year of
initial appointment, probationary faculty who have received a positive annual
review in the preceding year will be deemed as having positively satisfied the
eligibility requirements for general merit in the following academic year.
(c) Limited-Term Faculty:
Limited-term faculty are not eligible for general merit during their first six
quarters of service. Limited-term faculty who have
served at a .5 FTE appointment or more for six quarters shall be reviewed for
eligibility for general merit by their college/departmental peers through a
formal process. Subsequent reviews shall occur after nine additional
quarters of service at .5 FTE or more. All reviews of limited-term
faculty shall be conducted as part of the normal college/departmental review
process of faculty for general merit eligibility. Limited-term faculty at a less than .5 FTE appointment are not eligible
for general merit.
(d) Review Procedures:
Peer evaluations, departmental summaries, and chair's evaluation, along with the
candidate's file, are forwarded to a college-wide committee for review,
evaluation, and recommendation to the Dean. In units without departments
(
Faculty receiving an unsatisfactory evaluation in teaching shall be given help from
the institution to achieve a satisfactory evaluation and shall be evaluated for
teaching again the next year. If the evaluation is satisfactory or
superior and the faculty member has also received a satisfactory evaluation in
one of the two other areas, then the individual shall be eligible for a general
merit increase for the next two years providing funds are available. That
individual's normal review will be two years after the follow-up review.
2. Criteria for Special Merit Increases
Faculty members whose performance justifies financial reward beyond the normal
professional growth recognized by general merit awards may be granted special
merit increases. The evaluation for special merit shall be based
primarily upon peer review and shall include all evidence since the last
special merit increase. Distribution of merit awards among units of the
colleges and library and procedures for awarding special merit shall be
determined through the governance system of the college or library and in
accordance with procedures for evaluation of faculty outlined in Section V of
this handbook, subject to the following condition: merit increases shall
be distributed to colleges and the library on a prorated FTE basis of faculty
covered under this policy. Faculty are
automatically considered for a special merit increase every fifth year as part
of the general review process described in X.E.1.
A faculty member may request to be reviewed for consideration for special merit
or promotion in the intervening years. For faculty members who do this
and receive at least a satisfactory evaluation in teaching and at least one
other area, their next scheduled general review shall be five years after the
requested review. A listing of faculty receiving special merit shall be
published in FAST.
3. Criteria for Equity, Compression, and Retention Fund
Forty percent of the monies available in this category shall be administered by
the Provost in consultation with the Salary and Welfare Committee and with the
deans and the University Librarian. Sixty percent of the funds, to be
administered by colleges and libraries, shall be distributed on a prorated FTE
basis of faculty covered under this policy. These funds shall be
administered by the deans and the University Librarian in consultation with the
faculty committee of their respective unit. A listing of faculty
receiving these adjustments shall be published in FAST. In any year in
which the dollars available for these purposes exceed the need, those dollars
not otherwise used shall be placed in the Special Merit Fund for that College
or the Libraries.
4. Written Procedures
Each college and the Libraries shall develop and have a set of written
procedures for evaluating faculty for General and Special Merit and an appeal
procedure for General Merit.
5. Legislative Action
If any portion of this salary policy is found to conflict with legislation
specifying how salary funds are to be distributed, then such legislation shall
take precedence over this policy.
In any year that the State Legislature's action does not permit implementation
of this policy, then the Salary and Welfare Committee, in cooperation with the
University Administration, shall develop a recommendation for that year.
The recommendation shall be approved by the
Faculty Senate before implementation.
F. Insurance
The University offers a variety
of insurance coverages, including health, dental,
life, and long-term disability insurances. Details of these plans are
sent to eligible* faculty when hired. All faculty
are notified of any changes mandated by the State Employees Insurance Board
(SEIB). Details of the various plans are available from the Faculty/Staff
Benefits Office.
*Faculty who teach
one-half time or more for two or more quarters are eligible for SEIB-paid coverages and optional coverage.
XI.
Summer Session Appointments
In
planning for the summer session, first consideration is given to the curricular
offerings of the program. The summer session faculty is selected to staff that
program. The University does not have the obligation to provide a summer
teaching assignment for any faculty member, nor does the University have the
right to demand the services of any faculty member for the summer session,
except in the case of those department chairpersons whose appointments are for
11 months. When a department has more qualified faculty desiring summer
employment than are needed for its program, the department shall propose a
rotation plan subject to administrative approval.
The
full-time salary for the nine-week session of summer quarter is equal to .25 of
the individual's academic year salary.
XII.
Reimbursements, Retainers, Honoraria; Policy on Consulting, etc.
A. Reimbursement of Expenses
The
University finances, partially or entirely, official attendance at professional
meetings of faculty members who represent the institution and who participate
in the programs presented at such meetings. Financial arrangements
covering travel and expenses must be made in advance with the department
chairperson or the dean, as the case may be. University travel
regulations may be obtained from the department chairperson or appropriate dean
or the Division of Purchasing. The Division of Purchasing administers
these regulations.
Funds for out-of-state travel are available on a priority basis as follows:
1. To faculty presenting papers at meetings of learned
societies, public performances, or exhibits, with preferences given to those
presentations which are to be published or otherwise recorded and for which
other funds are not available.
2. To officers of organizations or learned societies and
those participating in programs of meetings.
3. To department chairpersons on
official business, including interviewing prospective faculty.
4. To faculty members attending
meetings of organizations of learned societies. A faculty member seeking travel
support should apply to the chairperson and/or dean. Funds for
international travel for the presentation of invited papers may be available,
upon application, from the Bureau for Faculty Research. The University
will reimburse faculty members for travel required by the University.
B. Policy on Consulting and Other Compensated
Professional Activities (updated 6/2004)
Introduction
The first obligation of members of the faculty and staff is the preparation for
and carrying out of official University duties. Faculty and staff who are
full-time are expected to devote full-time effort to their institutional
responsibilities. At the same time, the university recognizes that individuals, the University, and the state benefit from
faculty and staff involvement in and support of outside organizations and
industry. Such involvement provides individuals opportunities to create and
disseminate expert information outside of the traditional university employment
structure while simultaneously providing individuals additional experiences,
augmenting their ability to carry out their University responsibilities. The
University benefits in its ongoing relationships with the local, regional,
national, and international communities it seeks to serve.
University faculty members serving as consultants or engaging in outside
compensated professional activities, can be valuable
resources to government, industry, public and private organizations. The
University encourages faculty members to engage in such activities provided
that they do not interfere with the performance of University duties and that
no conflict of interest exists.
Full-time
faculty members are compensated for full-time service to the University in
instruction, research, and public service responsibilities. The University
expects that each full-time faculty member will assume a proper share of the
functions and responsibilities of the department, college, and the University.
A faculty member may engage in other professional activities beyond the scope
of duties as a faculty member within the following guidelines.
Guidelines
These guidelines are
designed to protect the integrity of the faculty member-University work
relationship.
1.
Professional Activities Commensurate with the University’s
2.
Non-Interference with Professional Duties. Outside
work must not interfere with a faculty member’s normal official University
duties, including those non-classroom responsibilities expected of all faculty
members, as defined by each college.
3.
Compensation. Compensation for outside work includes
salaries, fees, or gifts. No additional compensation may be accepted by faculty
members for tutoring students in courses they teach, or for performing their
official duties. Faculty members may accept compensation for outside work only
if all of the following conditions are satisfied:
a. The agreement to do the work is bona fide and the work is actually
performed.
b.
The performance of the work is not within the faculty member’s official duties,
nor under the faculty member’s official supervision.
c. The work does not involve assisting others in transactions with state
agencies as prohibited by law.
d.
The work is not performed for, nor the compensation received from a person from
whom the faculty member is prohibited by law from receiving a gift.
e. The
agreement for the outside work is not expressly created or authorized by the
faculty member in his or her official capacity or by the University. The university recognizes and fully
respects the principle of individual ownership of intellectual property.
Research and publication are a central part of a faculty member’s
responsibility. This research is often deemed valuable by a variety of
communities beyond the university, and the university recognizes the right and
responsibility of a faculty member to share his or her research as widely as
possible. If a faculty member is compensated by anyone beyond the
university for research or publication performed as part of the faculty
member’s duties as a faculty member, the university will not consider that a
violation of this policy.
f. The work does not
require unauthorized disclosure of University confidential information.
4. Solicitation. Arranging for
outside work must be consistent with the state’s Ethics in Public Service Law.
If the outside work is for another state agency, the award must satisfy the
following additional conditions.
a. The award was a result of open and competitive bidding or selection process
and more than one bid was received.
b. The award was a result of open and competitive bidding or selection process
but only one bid was received. In this case the state agency making the award
must, prior to the execution of the award, request that the Ethics Board review
the award process and advise the faculty member that
the award would not conflict with the discharge of the faculty member’s
official duties.
c. The award was not a result of open and competitive bidding or selection
process. In this case the state agency making the award must, prior to the
execution of the award, request that the Ethics Board review the award process
and advise the faculty member that the award would not
conflict with the discharge of the faculty member’s official duties.
5. Limits and
Approvals. The University values faculty-student exchanges and expects
a high quality performance of teaching, research and service duties. Therefore,
full-time faculty must not spend more than the equivalent of one day per week
during the academic year in outside compensated professional activities.
Exceptions to this limit may be made on the recommendation of the Department
Chair, with the approval of the Dean (or other comparable unit administrator),
and of the Provost.
All outside work must be disclosed prior to accepting the work, and reported
annually by the faculty member to the Department Chair (or comparable unit
administrator) who will maintain the reports on file and prepare a report to
the Dean. Outside work by a Department Chair or a Dean must be reported to the
Provost. Each Dean will submit to the Provost an annual report on outside work
by faculty members in the college.
These limits and approvals do not apply to work by full-time faculty on
nine-month appointments outside periods of obligated service.
Faculty members who hold part-time appointments (.50 FTE or more) with the
University may be self-employed or may accept additional employment outside the
University up to a level corresponding to a full-time position without
approvals.
The Department Chair (or other comparable unit administrator) must determine
whether the outside compensated professional activity by the faculty member
will interfere with the performance of official University duties in each
specific case. If such work does, in the judgment of the Department Chair (or
comparable unit administrator), interfere with the faculty member’s performance
of University duties or with meeting the faculty member’s obligations to the
students and the University, the faculty member must either make an acceptable
revision of the extent of the proposed activities, or apply for a partial or
full leave of absence. If the faculty member does not agree with the judgment
of the Department Chair, he/she may appeal to the Dean (or comparable unit
administrator), whose decision shall be final.
6. Use of
Facilities. University facilities (equipment, space, or computers) may
not be used for compensated outside work with the exception of compensated
professional activities allowed under the above provisions. In all other cases,
if the equipment or facilities are unique and are unavailable in the private
sector, the faculty member may request approval for use, which must be for a
specific project and of a limited duration. Such use must not conflict with the
instructional or research activities of the University. Fees for such use shall
be determined by the Department Chair or Dean prior to the use. The fees must
include overhead costs and be comparable to what the private sector in other
cities charges, or to what other universities charge. The fee schedule must be
filed with the Vice President for Business affairs, and the faculty member
authorized to use the facilities or equipment is responsible to the University
for payment of the fees.
7. Responsibility.
The University assumes no responsibility for the competence or performance of a
faculty member who engages in outside work for compensation. No such
responsibility may be implied in any advertising or contractual documents.
University stationery may not be used for correspondence related to outside
work.
See Section 104 of ~SB 6111--Chapter 154.
See Section 115
(4) of ~SB 6111--Chapter 154.
See Section 112
(2) of ~SB 6111--Chapter 154.
XIII. Leaves of Absence
A.
Professional Leaves (June 2004)
1. Purpose
The University views professional leave opportunities as a primary faculty
development that enhances scholarship, teaching, and creativity.
Professional leave is considered to be primarily for the purpose of affording
faculty members an opportunity to carry forward research, to improve teaching
techniques or methods, or to participate in other creative endeavors which by
their nature and scope will enable individuals to enhance their contributions
to the programs of the University. Professional leave is also appropriate
for the purpose of such study programs designed to provide the faculty member
with knowledge of an area of specialization vital to a program of the
University.
2.
Eligibility
a.
Faculty members may be granted professional leave for a maximum of one academic
year for each leave. Only tenured faculty are
eligible to apply for professional leave. A professional leave may be
granted to a faculty member on fractional appointment up to the fraction of an
FTEF that the faculty member held in the year prior to award of the
leave. For library faculty with twelve-month obligations, leaves may be
scheduled at any time during the calendar year.
b.
Faculty members granted professional leave are required to return to the
institution for a period of time equal in length to the length of the
professional leave. If the person does not return to the institution after a professional
leave, the person will reimburse the university for the cost
of the leave in terms of salary and fringe benefits.
c.
Ordinarily, professional leaves are awarded in February for the following
academic year. However, in exceptional circumstances, the professional leave
committee may recommend requests for leaves for the second academic year
following application.
d. (i) A person must serve a minimum of six years (or
eighteen regular term quarters) at
(ii) Eligibility for professional leave accumulates at the rate of one
quarter of leave per six quarters of full-time service. Leaves of less than one
academic year may be awarded. Leaves may not be divided into segments of
less than one quarter. A faculty member may not accumulate more than one
academic year of eligibility for professional leave.
(iii) Should a person apply for less than the accumulated quarters of
eligibility, she/he shall be eligible to apply for the remaining quarters of
eligibility in succeeding years. Should a faculty member be awarded fewer
quarters of leave than requested, she/he shall be eligible to apply for the
remaining quarters of eligibility in succeeding years.
e.
Certain periods of other types of leave may count as service to the institution
for accumulation of professional leave benefits. In general, leaves of a
compassionate nature and leaves that serve the academic missions of the
institution may count. See specific provisions in the remainder of item XIII.
No more than three quarters of leave (of any type) may be counted, at the rate
of one quarter as part of two years’ service, toward eligibility for
professional leave. For example, a person with five years of full-time teaching
duties and one year of “leave without pay – military”
would be eligible for a three-quarter duration professional leave. In a
subsequent period, that person might combine five quarters of full-time
teaching with one quarter of “Disability Leave/Pregnancy” to be eligible for a
one-quarter duration professional leave.
f. Total
professional leaves at any one time are limited by statute to four percent of
the faculty engaged in instruction and exempt staff.
3. Application Procedure
a. The Provost will issue a call for applications for
professional leave by mid-September.
b. The following information is to be supplied in an
application form, which is obtained from the appropriate dean:
(1) The number of quarters and dates of leave desired.
(2) A detailed statement of the applicant's plans for utilizing the
time requested and how this would be of value to the University.
(3) Names of institutions and individuals with which the applicant will
be associated, together with pertinent itineraries and specific dates.
(4) A statement of any time to be spent on other duties and any
compensation to be received.
(5) A current vita.
(6) In cases where technical support is required for the project, a
statement of support costs and how these will be met.
(7) Additional material in support of the proposed program such as examples
of the applicant's work.
(8) Copies of reports of any previous professional leaves and
reports of the results of any summer research or teaching grants or faculty
development grants the faculty member may have received over the previous three
years. The application should also include descriptions of any
applications for summer research or teaching grants or faculty development
grants that are still pending decision.
(9) Upon receipt of materials from the applicant, the chairperson's
recommendation to the dean will include an evaluation of the merits of the
proposal and the benefits the activity described in the proposal could provide
the faculty member and the programs offered in the Department.
c. The completed application will be submitted by the
chairperson to the dean of the applicant's college by October 15.
4. Review Procedure
a. The dean of each college, in cooperation with the
appropriate chairperson, shall evaluate all applications from that
college. The deans of the colleges may implement additional review
procedures at the college level consistent with the policies of the respective
colleges. The merits of the application and the expected benefits to the
individual, the department, and the University shall be assessed. The
application will be judged on the basis of merit alone.
b. The deans will forward all applications to the Provost by
November 15. The Provost, advised by a faculty committee composed of six
members, will submit the final recommendations to the President regarding the
professional leave awards. The faculty committee will be selected by the
Provost from among those faculty who have returned
from professional leave within the previous three years. As far as
possible, committee membership will include faculty representing all the
disciplines. It is not the intent that each college shall have a
representative on the committee. The committee members serve three-year
terms, one third of the committee being replaced each year. The Provost shall
notify the applicants and their chairpersons and deans of the decision and the
basis for it by January 15th. The President will report the decisions to
the Board of Trustees at the February meeting.
5. Compensation
An individual awarded professional leave shall be compensated by the University
as follows:
a. If no other form of compensation is involved, such as
grant funds, stipends, or fellowships, compensation by the University shall be
an amount equal to the normally contracted salary for the period of the leave,
provided that such compensation does not exceed the limits set by the law. (Note that current law limits the amount
that can be paid faculty. RCW28B.10.650 states that remuneration from
state general funds and general local funds for any such leave granted for any
academic year shall not exceed the average of the highest quartile of a rank
order of salaries of all full-time teaching faculty holding academic year
contracts or appointments at the institution or in the district.)
b. Faculty members are encouraged to seek external grants,
fellowships or other sources of support to supplement the University leave
salary. Faculty members may supplement the University salary from outside
sources to defray additional costs of travel, relocation of the faculty member
and dependents to the location of the sabbatical project, and project expenses,
provided prior written approval from the President is obtained.
Supplementary income is also subject to the following conditions:
i)
If earning outside support requires work unrelated to the purposes of the
leave, approval will not be given.
ii) If the source of the
supplementary salary is a scholarship or fellowship, no approval is
necessary.
iii) If the supplementary
salary is from a grant or a contract administered by the University, the total
of the University salary and the supplementary salary may not exceed the
contracted salary of the faculty member.
6. Reports
Within one quarter after the faculty member returns from professional leave,
the faculty member will provide a written report to the chair, dean, and
Provost, describing what was accomplished during the leave, including the
benefits of the leave. The faculty member may be requested to present or
provide a public lecture or, in some other way, share the benefits of the leave
with the rest of the university community.
B. Special Leaves
Special leave of short duration may be granted at the discretion of the
appropriate dean in consultation with the appropriate department
chairperson. A faculty member going on special leave must first make
appropriate arrangements regarding classes with his/her department chairperson.
C.
Illness or Accident Leaves
1. Short-term Illness or Accident
A short-term illness or accident is an illness or accident that prevents a
faculty member from discharging his or her responsibilities for a period of
less than ten working days. Procedures for covering a faculty member's
responsibilities during a period of short-term illness are developed by each
department or college to cover the unique conditions of that unit. A
short-term illness or accident leave may also be used by faculty who must care
for another who is injured or ill.
2. Recurrent Short-term Illness
A faculty member is deemed to have a recurrent short-term illness when the
total number of days of service missed exceeds ten but a disabling condition is
not claimed to exist. When a faculty member has a recurrent short-term
illness, the Vice President for Academic Affairs may require verification of the
illness by a physician acceptable to the university. The Vice President
of Academic Affairs may also require that the faculty member present evidence
that he or she is receiving treatment to remedy the condition.
D. Disability Leaves, including Pregnancy
It is the policy of the University to aid faculty through periods of disability
to encourage full and speedy recovery.
1. Definition
Disability means the incapacity to perform regular duties for a period of ten
or more consecutive days, resulting from accident, illness, or pregnancy.
The determination of disability or the ability to resume normal duties may be
made by a physician of the University's choice.
2.
Eligibility for Benefits
a.
A faculty member becomes eligible for disability benefits on assuming a
full-time (1.0 FTE) appointment with the University. No faculty member
may receive benefits before a service has been performed. Tenured and
probationary faculty on reduced appointments are also
eligible for benefits based on the percentage of FTE assigned at the time of
disability.
b.
Faculty who have resigned or are terminated or not reappointed are not eligible for benefits beyond the end of their
contract period.
c.
At the discretion of the President or the President's designee, any newly
appointed faculty member may be required to undergo a medical examination in
order to become eligible for disability benefits. The President or
President's designee will select the physician, and the University will assume
the cost of the medical examination.
d.
Any faculty member on disability leave must submit to the office of the
President or President's designee a verification of disability.
e.
Disability benefits begin for eligible faculty members with the first day of
such disability, provided that the disability begins between September 15 and
June 14 of that academic year.
f.
Faculty employed for the summer session are eligible
for benefits such that the total of salary and benefits does not exceed their
summer contract.
i)
Faculty who are disabled between June 15 and September 14 and who are
not teaching in the summer quarter are eligible for disability benefits
beginning September 15, or earlier, at the discretion of the President or
President's designee, provided that the disability is for a period of more than
30 calendar days within the period June 15 and September 14. Benefits
received in the period June 15 to September 14 shall not exceed the full-time
summer contract salary.
ii)
Basic disability leave shall be given for each separate case of
disability as required for recovery to resume normal duties up to the maximum
time specified. Before assuming normal duties, the University may require
a certificate of ability to return to normal duties.
iii)
Disability benefits are awarded only for the period of time the
individual is unable to perform assigned duties.
iv)
Extended leave without pay beyond the basic disability leave may be
granted at the discretion of the President and the Board of Trustees.
v)
At the discretion of President or President's designee limited-term
faculty may receive disability benefits to the end of their appointment period.
3. Benefits
a. Full-time faculty
members will receive benefits as follows: Full pay and full status for
the first 180 calendar days during which they are eligible to receive
disability benefits. At the discretion of the President or President's
designee disability leave of up to thirty working days may be granted for the
care of another who is injured or ill, in which case the University's policy
for paid substitutes will take effect.
b.
The faculty member's standard contribution to TIAA/CREF retirement plans will
be matched by the University during the first 180 calendar days of disability.
c.
If eligibility for disability leave continues after 180 calendar days, the
faculty member may go on long-term disability insurance benefits, provided that
the faculty member has elected to carry such long-term disability coverage as
part of his/her insurance package and qualifies under the rules of that plan.
d.
The disability benefits for limited-term faculty members are limited to those
specified or to the end of their appointment period, whichever is the earlier.
4. Administration of Disability Leaves
a.
Details of providing for a substitute and for pay shall be handled by the
appropriate administrators.
b.
To ensure than an individual on leave will take the full time needed for
recovery and be free of worry, the University policy is to provide for paid
substitutes.
c.
In emergencies, colleagues of the disabled individual should be ready to
absorb from non-teaching responsibilities the workload of the individual.
e.
Disability leave shall be granted beginning with the
date on which the individual is disabled.
f. Termination of
disability leave benefits shall be preceded by advance written notice to the
individual concerned and such termination is made through an official Personnel
Action form.
g.
Up to three quarters of
disability leave will be counted in determining eligibility for professional
leave, subject to limitations in section A.2.e. above.
5. Pregnancy Leave
Leave
for pregnancy will cover the period of disability prior to, during, and after
childbirth as determined by the faculty member's attending health professional
and will be for approximately ten weeks, or more if needed for medical reasons.
Faculty returning from a
pregnancy leave may be granted modified duties with reduced compensation along
with continued partial disability benefits for periods of partial disability
during the recovery period, the length of which shall be determined by the
attending health professional.
E.
Modified Duties
Periods of modified duties, with
reduction in pay, shall be granted on request to any faculty member who must
care for a child or an injured or ill person. During this period, a
reduction of normal duties will be negotiated with the department and is
subject to approval by the President or President's designee. The period
of modified duties normally shall not exceed one quarter (10 weeks) for each
circumstance, although the President or President's designee may approve an
extension in exceptional cases. One quarter of modified duties status will be
counted as full-time service in determining eligibility for professional leave,
subject to limitations in section A.2.e. above.
F.
Leaves for Jury or Court Duty
Faculty members serving on juries or as
witnesses in legal actions shall attempt to arrange their court obligations to
minimize interference with their classes and other University
responsibilities. When it is not possible for a faculty member to meet
some or all of his/her university duties because of required service as a juror
or witness (excluding compensated service as an expert witness), the University
shall assume the responsibility for substitutes. Faculty shall retain
full pay and status during such periods, less that amount received as
remuneration for service on the jury. The period of leave for jury or court
duty (excluding compensated service as an expert witness) will be counted as
full-time service in determining eligibility for professional leave, subject to
limitations in section A.2.e. above.
G.
Leaves without Pay - General Statement
1. Leaves
without pay may be granted to faculty members with one or more years of
service. Requests for such leaves shall contain a statement of the
applicant's purpose and plan. Leave is granted for a period of time up to
one year, but may be extended to two years upon the recommendation of the
chairperson and/or dean and the President or President's designee. In
case a faculty member is elected to public office, the leave will be for the
term of that public office. Whether the faculty member returning from
leave shall be entitled to pay at the rate the individual would be receiving if
in continuous service to the University shall be determined by the President or
President's designee at the time the leave is granted.
2. Upon
returning, the faculty member shall resume the same position or its equivalent,
unless the individual was promoted while on leave.
3. Normally,
requests for leave shall be made at least two quarters in advance of the
beginning of the leave. Requests for extension of leave shall follow the
same rule.
4. A faculty member securing a leave shall have a
written statement from the President or President's designee indicating the
times when the leave is to begin and end, and for probationary faculty, whether
or not the leave period counts toward the period of service for tenure. Whether
the period of leave without pay will be counted as full-time service in
determining eligibility for professional leave is based on the purpose of the
leave, as specified in the following paragraphs.
5. A faculty member who has a work
assignment at the university for at least one day a month during a leave
without pay will be eligible for continued paid benefits. If this
condition is not met, faculty may elect to convert to a self-pay basis.
H. Leaves without Pay - Compassionate
Compassionate leave without
pay may be granted by the President or President's designee for up to one year
to any faculty member. The purpose of compassionate leave shall be to allow
the faculty member to care for a young child or an injured or ill person.
The need for compassionate leave probably will arrive suddenly, so notice in
advance may not be possible. The faculty member, the President or
President's designee, and the chair and/or dean will work together to minimize
any disruption to the department and to students that will be caused by the
leave. Up to three quarters of compassionate leave without pay will be
counted in determining eligibility for professional leave, subject to
limitations in section A.2.e. above.
I.
Leaves without Pay - Military
1. Military
leaves shall be granted when a faculty member is drafted, recalled into
service, or, in the time of war, voluntarily enters the service. The privilege
shall be extended to faculty members undertaking military or wartime
assignments in a civilian capacity. The faculty member returning from
leave shall be entitled to pay at the rate the individual would be receiving if
in continuous service to the University. Up to three quarters of military leave
without pay will be counted in determining eligibility for professional leave,
subject to limitations in section A.2.e. above.
2. Upon
returning, the faculty member shall resume the same position or its equivalent,
unless the individual was promoted while on leave.
3. A
faculty member on military leave shall be entitled to a written statement from
the administration indicating re-employability the first quarter following
inactivation, provided no arrangement has been made with a substitute to fill
the position. If such an arrangement has been made, the returning member
shall be reinstated the next quarter.
4. The
following legal provision applies to faculty and can be used when the faculty
member cannot conveniently arrange to serve a period of active duty outside the
academic year or summer session for which employed. Every officer and
employee of the state or of any county, city, or other political subdivision
thereof who is a member of the Washington National Guard or of the Army, Navy,
Air Force, Coast Guard, or Marine Corps Reserve of the United States, or of any
organized Reserve Armed Forces of the United States shall be entitled to and
shall be granted military leaves of absence from such employment for a period
not exceeding 15 calendar days during each year. Such leaves shall be
granted in order that the person may participate in active training duty in
such a manner and at such time as ordered into active training duty. Such military
leaves of absence shall be in addition to any vacation or sick leave to which
the individual might otherwise be entitled and shall not involve any loss of
efficiency rating, privileges, or pay. During the period of military
leave, the faculty member shall receive from the state or the county, city, or
other political subdivision, normal pay. Time spent in active training duty
will be counted in determining eligibility for professional leave, subject to
limitations in section A.2.e. above.
J.
Leave without Pay - Elective Office
1. Faculty
members may file and campaign for any elective public office without any change
in faculty status as long as such campaigning does not interfere with assigned
responsibilities.
2. In
a case where there may be interference with assigned duties as determined by
the dean, either while campaigning for elective office or after election to
such office as state legislator, the faculty member must request a leave of
absence without pay through the appropriate dean.
3. Elective
office leave without pay will not normally count in determining eligibility for
professional leave. However, the faculty member may include in his or her
request that up to three quarters of this leave count in determining eligibility
for professional leave, subject to limitations in section A.2.e. above. The President or President’s designee will provide a
written statement of decision to the faculty member at the time the leave is
granted.
1. A
faculty member who
takes a leave without pay for study, scholarly or creative activity, or
professional development may receive certain insurance and retirement benefits
while on leave, provided that, in the opinion of the dean and the President or
President's designee the purposes of the leave directly benefit the
institution, and provided that the compensation available to the faculty member
on leave is less than the compensation (including benefits) the faculty member
would have received had he/she remained in the University's employ. With
these provisions, the faculty member will be paid a reduced salary sufficient
to continue insurance coverages paid directly by the
state and to cover the costs of disability insurance.
2. Leave
without pay for academic pursuits may count in determining eligibility for
professional leave. The faculty member may include in his or her request that
up to three quarters of this leave count in determining eligibility for
professional leave, subject to limitations in section A.2.e. above.
The President or President’s designee will provide a written statement of
decision to the faculty member at the time the leave is granted.
L.
Leave without Pay – Other
A faculty member desiring leave without
pay for reasons other than those noted elsewhere in this section would make
application through his or her chair or dean, as appropriate. Requests
for such leaves shall contain a statement of the applicant's purpose and
plan. Leave is granted for a period of time up to one year, but may be
extended to two years upon the recommendation of the chairperson and/or dean
and the President or President's designee. This leave will not normally count
in determining eligibility for professional leave. However, the faculty member
may include in his or her request that up to three quarters of this leave count
in determining eligibility for professional leave, subject to limitations in
section A.2.e. above. The President or
President’s designee will provide a written statement of decision to the
faculty member at the time the leave is granted.
XIV. Retirement
(For information on cashability options, contact the Assistant Director of
Human Resources/Benefits Office, X7314)
A. Faculty Retirement System at WWU is a combination of
Teachers Insurances and Annuities Association and its companion organization
College Retirement and Equities Fund (TIAA/CREF), and the University
Supplemental Retirement Income Payment, in addition to Social Security (RSDHI).
B. As a condition of employment, eligible faculty members
must begin contributory participation in the Retirement System at the beginning
of the third year of eligible service. They may, at their option, begin
contributory participation earlier. Eligible faculty members are those
with a minimum of half-time appointment for more than two quarters of an
academic year. The rate of contribution is five percent of salary to age
35, and seven and one-half percent following the 35th birthday of the
participant. (After reaching age 50, and upon application, a faculty
member may elect to raise his/her contribution rate from seven and one-half
percent to ten percent of salary in order to obtain maximum University Supplemental
Income Payment upon retirement.) Participation in Social Security begins
the first year of employment. TIAA/CREF participants are eligible for tax
deferment plans. For details of such plans, inquire of the Faculty/Staff
Benefits Office.
C. The University contributes an amount equal to the faculty
member's contribution as described above. The contributions, both the
University's and faculty member's, are allocated 50
percent to TIAA and 50 percent to CREF unless the faculty member elects a different
distribution, provided that the percentages are not fractional
percentages. The Faculty Senate has approved two CREF options:
"Social Choice" and "Bond Market Account."
Information on these options is available from the Faculty/Staff Benefits Office.
D. A faculty member may elect to retire at the earliest age
specified for retirement by Federal Social Security Law. Likewise, a faculty
member may be retired for reasons of health and/or disability at an earlier
age. Before making a decision to retire or to retire early, a faculty
member should check what benefits he/she will receive. {revised 12/2005}
E. A faculty member making a request for retirement should
specify the effective date and should make the request at least six months in
advance of that effective date so that arrangements can be made.
F. Before retirement, a faculty member is permitted to
arrange with his/her unit for a reduced load and salary, acceptable to both the
faculty member and the unit, without loss of tenure or rank until
retirement. After retirement, the faculty member may be re-employed
annually on a part-time basis consistent with program needs and with
departmental agreement without loss of rank. Individuals who take this option
may jeopardize the supplemental TIAA/CREF income normally made by the State of
G. Retirement benefits at age 65 and after 25 years of full-time
employment in Washington State institutions of higher education shall be not
less than 50 percent of the average of the highest two years (24 consecutive
months) salary from such Washington State institutions, assuming 10 percent
contribution to TIAA/CREF after age 50 as per above, this in addition to Social
Security benefits.
H. In case the TIAA/CREF benefits (combined with Washington
State teachers retirement benefits earned in Washington State institutions of
higher learning, if any) on retirement after the age of 65 and after 25 years
of full-time employment in Washington State institutions of higher education
are less than 50 percent of the average highest two years salary, all as
described above, then the University shall provide a Supplemental Retirement
Income Payment equal to that difference. A faculty member must be
employed in a position requiring more than 70 hours per month in at least five
months of the year for the year to count as full-time employment.
I. Details of the faculty retirement plan are found in
Retirement Rules and Regulation as approved by the Board of Trustees June 3,
1982, (amended on February 3, 1994, to allow up to 100% cashability
withdrawal of CFEF accumulations) and available in the Faculty/Staff Benefits
Office.
XV.
Termination and Non-Reappointment
A. Resignation
A faculty member may terminate
his/her appointment effective at the end of an academic year, provided that notice
is given in writing at the earliest possible opportunity, but not later than
May 15, or 30 days after receiving notification of the terms of appointment for
the coming year, whichever is later. The faculty member may properly
request a waiver of this requirement of notice in case of hardship or in a
situation where substantial professional advancement or other opportunity would
otherwise be denied.
B. Non-Reappointment
1.
Written notice that a probationary appointment is not to be renewed will
be given to the faculty member by the dean or Provost/Vice President for
Academic Affairs in advance of the expiration of the appointment. The
faculty member shall receive this written notice:
a. Not later
than March 1 of the first academic year of service if the appointment expires
at the end of that year; or, if a one-year appointment terminates during an
academic year, at least three months in advance of its termination;
b. Not later
than December 15 of the second academic year of service if the appointment
expires at the end of that year; or, if an initial two-year appointment
terminates during an academic year, at least six months in advance of its
termination;
c. At least
12 months before the expiration of an appointment after two or more years of
service at the institution.
2. The institution will notify faculty members
of their renewals by March 15.
3. When any recommendation not to renew an
appointment has been made or a decision not to renew an appointment has first
been reached, the faculty member involved will be informed of that
recommendation or decision in writing by the body or individual making the
recommendation or decision. If the faculty member so
requests, he/she will be advised orally of the reasons which contributed to
that decision. The faculty member may request a
reconsideration by the recommending or deciding body or individual
within ten working days of the date on which the written notice was
received. For the purpose of this section, a faculty member will be
deemed to have received notice after five working days of the date on which the
notice was mailed by registered mail.
4. If
the faculty member so requests, the reasons given in explanation of the nonrenewal will be confirmed in writing.
C. Reduction in Force (
Termination
of an appointment with continuous tenure, or of a probationary or limited-term
appointment before the end of the specified term, may occur under extraordinary
circumstances because of a demonstrably bona fide financial exigency or
reduction/reallocation in force owing to legislative mandate. In such a
case, the procedures set forth in Appendix I shall apply.
D. Elimination or Merger of a Degree Program, College or Department
of Instruction
Termination of an appointment
with continuous tenure, or of a probationary or limited-term appointment before
the end of the specified term, may occur as a result of bona fide formal
discontinuance of an interdepartmental degree program, college or department of
instruction. These procedures are intended to apply to the proposed
elimination or merger of degree programs, departments of instruction, or
colleges. They are not intended to apply to programs, other than degree
programs, housed exclusively within a single department nor to settle questions
within a department regarding the internal allocation of that department's
resources. The following standards and procedures will apply:
1. The decision to discontinue formally a
program, department of instruction, or college will be based essentially upon
educational consideration as recommended to the President by the Provost with
input from the appropriate Dean(s), the faculty, the Academic Coordinating Commission
and University Planning Council. The recommendation of the Provost and
President shall be based primarily on the input received through the processes
of faculty governance as provided for below. The final decision will be
made by the Board of Trustees.
2. Each college will develop a policy for
elimination or merger of a degree program or department. Each college
policy will be published in the college section of the Faculty Handbook.
The policies shall address procedures and criteria for elimination or merger
and shall identify how faculty input concerning the proposed elimination and
merger will be obtained.
The
Provost will develop a policy for merger and elimination of a college.
The policy will address the procedures and criteria for elimination or merger
and will identify how faculty input concerning the proposed elimination or
merger will be obtained. The policy will be submitted to the Dean(s), the
Academic Coordinating Commission and the University Planning Council for input.
The final policy will be posted on the Faculty Senate website and delivered to
the faculty through an e-mail, flyer, or by publication in FAST.
3.
Degree programs, departments or colleges may be identified as candidates for
elimination or merger by the appropriate Dean(s) or the Provost. A
program, department or college may be identified for possible closure or merger
if educational policy dictates a change in the priorities of the University or
if it no longer contributes to the educational mission of the University.
The criteria for eliminating or merging programs, or departments departments or colleges will be consistent with the Higher
Education Coordinating Board's "Policy and Procedures for the Review of
Existing Academic Programs" as well as with the Strategic Plan of the
University and its colleges.
4.
Provost will initiate a review of a degree program, department or college for
possible closure or merger.
a) In the case of merger or elimination of a degree
program or department, the college will undertake the review following
procedures developed within the college. After review within the college,
the faculty recommendation and report, together with the criteria and rationale
for the proposed elimination or merger, will be forwarded to the Academic
Coordinating Commission and the University Planning Council. The ACC and
UPC will review the proposal and may provide justified recommendations to the
Dean(s). The Dean(s) will forward to the Provost a recommendation that
will include the recommendations of the college review process. The
Dean(s) will also forward to the Provost the reports and recommendations of the
ACC & UPC. The final recommendation of the Provost will be submitted
to the President and will include the recommendations and reports of the ACC
and UPC.
b) In the case of college elimination or merger, the
Provost will undertake the review following the publication of procedures as
per Section XV.D.2. The recommendation of the Provost will be submitted
to the ACC and UPC. The criteria and rationale for the elimination or
merger will be included with the recommendation. The ACC and UPC may
submit justified recommendations and reports to the Provost. The final
recommendation of the Provost will be submitted to the President and will
include the recommendations and reports of the ACC and UPC.
5.
Before the administration issues notice to a faculty member of its intention to
terminate an appointment because of formal discontinuance of an
degree program, department or college the institution will make every effort to
place the faculty member concerned in another suitable position. If
placement in another position would be facilitated by a reasonable period of
training, financial and other support for such training will be
proffered. If no position is available within the institution, with or
without retraining, the faculty member's appointment may then be terminated with
severance salary of two quarters for non-tenured faculty, three quarters for
tenured faculty. Tenured faculty may elect to receive three years notice
of termination as an alternative to three quarters severance salary, provided
that the termination of the program is not part of a Reduction in Force.
6.
A faculty member may appeal a proposed relocation or termination resulting from
a discontinuance, as mentioned above, and has a right
to a full hearing before the Faculty Senate or an appropriate subcommittee
thereof. The hearing need not conform in all respects with the proceeding
conducted pursuant to termination for cause, but the essentials of an
on-the-record adjudicative hearing will be observed. The issues in such a
hearing may include the institution's failure to satisfy any of the conditions
specified in this section. In such a hearing a faculty determination that
a program or department is to be discontinued will be considered presumptively
valid, but the burden of proof on other issues will rest on the administration.
E.
Termination for Medical Reasons
Termination
of an appointment with continuous tenure, or of a probationary or limited-term
appointment before the end of the period of appointment, for medical reasons,
will be based upon clear and convincing medical evidence that the faculty
member cannot continue to fulfill the terms and conditions of the
appointment. The decision to terminate will be reached only after there
has been appropriate consultation and after the faculty member concerned, or
someone representing the faculty member, has been informed of the basis of the
proposed action and has been afforded an opportunity to respond to the
evidence. If the faculty member so requests, the evidence will be reviewed
by the Faculty Senate before a final decision is made by the Board of Trustees
on the recommendation of the President. The faculty member will be given
severance salary not less than two quarters for a non-tenured or three quarters
for a tenured faculty member.
TERMINATION FOR CAUSE
F.
Termination for Cause
Termination of an appointment with
continuous tenure, or of a probationary or limited-term appointment before the end
of the specified term, may be effected by the institution only for adequate
cause. Hereafter, "faculty member" refers to the person against whom
a charge of misconduct has been made.
A. Adequate
cause for a dismissal will be related, directly and [materially], to the
fitness of faculty members in their professional capacities as teachers or
researchers. Dismissal will not be used to restrain faculty members in their
exercise of academic freedom or other rights [guaranteed by the United States
Constitution and the Constitution of the State of
B. A
faculty member covered under the Faculty Handbook may be dismissed for cause
from his or her position only for one or more of the following reasons:
1) A
serious and persistent neglect of faculty duties.
2) Unlawful
discrimination or sexual harassment. (See Appendix C of
WWU FH.)
3) Serious
scientific or scholarly misconduct, consisting of, but not limited to,
significant misrepresentation of credentials, falsification of data,
plagiarism, abuse of confidentiality, violation of regulations applicable to
research, or failure to meet minimum standards of professional competence.
4) Conviction of
a felony.
5) Intentional
and malicious interference with the scientific, scholarly, and academic activities
of others.
C. Termination
will follow the procedures in the section of the Faculty Handbook on Imposition
of Severe Sanctions and Dismissal.
SEVERE SANCTIONS OTHER THAN DISMISSAL
XVI. Severe Sanctions
Other Than Dismissal
To warrant a severe sanction other than
dismissal, conduct falling within the five categories listed under Termination
for Cause, section 1, must affect the faculty member’s academic, scholarly, or
professional ability to carry out his or her University responsibilities. In
cases where the faculty member's behavior is alleged to have adversely affected
another person, the impact of the faculty member's behavior must have affected
the other person's ability to carry out his or her academic, scholarly, or
professional university rights or responsibilities in a substantial way.
Sanctions will not be used to restrain
faculty members in their exercise of academic freedom or other rights
guaranteed by the United States Constitution and the Constitution of the State
of
Appropriate sanctions will be
recommended by a committee of faculty peers. See section, Imposition
of Severe Sanctions and Dismissal for the procedures. Severe
sanctions are those that involve reduction in salary or temporary suspension
with or without pay. Such sanctions in no way abrogate tenure.
PROCEDURES FOR IMPOSITION OF SEVERE SANCTIONS OR DISMISSAL FOR
CAUSE
XVII. Procedures
for the Imposition of Severe Sanctions or Dismissal for Cause
Adequate cause for the imposition of a
severe sanction, including dismissal for cause, is defined in XV.F
If the Dean or Provost believes that the
conduct of a faculty member constitutes adequate cause for dismissal or is
sufficiently grave to justify imposition of a severe sanction, such as
suspension from service for a stated period, the Provost may institute a
proceeding according to the procedures outlined in C. below.
1. A formal hearing on charges relating to
severe sanction or dismissal will be preceded by: (1) discussions between the
faculty member and appropriate administrative officers looking toward a
mutually acceptable settlement which, if agreed to, terminates the proceeding;
(2) informal inquiry by a three-person panel chosen by the Executive Council of
the Faculty Senate in consultation with the Chair of the Standing Committee on
Grievance and Sanctions from among the members of the latter committee, which
may effect an adjustment with the agreement of all parties. The
three-person panel’s inquiry is to be limited to discussions with the faculty
member, Department Chair, Dean and Provost and is to be completed within 15
working days of formation of the Panel; (3) Failing such an agreement, within
ten days a written statement of charges will be framed with reasonable
particularity by the Provost and given to the faculty member and the President
of the Faculty Senate. (Here and hereafter, faculty member refers to the person
against whom the charges of misconduct have been made).
2. The charges having been stated, the
individual concerned will have the right to be heard initially by a Hearing
Panel. The Hearing Panel, appointed within 10 working days of the filing of the
statement of charges, will consist of five or more members selected by the
Executive Council of the Faculty Senate in consultation with the chair of the
Standing Committee on Grievance and Sanctions from among the membership of the
latter committee who did not serve on the three-member panel of informal
inquiry in C.1.(2) above. Members deemed disqualified
for bias or interest will remove themselves from the case, either at the
request of a party or on their own initiative. Each party will have a maximum
of two challenges without stated cause. Vacancies will be filled by
additional members of the Standing Committee on Grievance and Sanctions. If
there are insufficient members of that committee, then temporary additional
members will be appointed by the Executive Council of the Faculty Senate. The
temporary members may also be challenged for prejudice. The hearings are
coordinated by a Hearing Officer, appointed within 10 working days of the
filing of the statement of charges and selected by the President of the
University and the President of the Faculty Senate, and serving as a non-voting
presiding officer of the panel. In cases in which the sanction may be dismissal
for cause, the Hearing Officer shall be an administrative law judge or other
attorney in good standing with the Washington State Bar Association.
a. From the time at which charges are specified,
the faculty member may be suspended, or assigned to other duties in lieu of
suspension, only if immediate harm to the faculty member or others is
threatened by continuance. Before suspending a faculty member, pending an
ultimate determination of the faculty member’s status through the institution’s
hearing procedures, the Provost will consult with the Executive Council of the
Faculty Senate concerning the propriety, the length, and the other conditions
of any suspension. This consultation will occur within 10 working days of
the filing of the statement of charges. No suspension or assignment to
other duties in lieu of suspension will be final, for that would constitute
dismissal. Salary will continue during the period of the suspension.
b. The Hearing Panel may, with the consent of
the parties concerned, hold joint prehearing meetings
with the parties in order to (i) simplify the issues,
(ii) effect stipulations of facts, (iii) provide for the exchange of
documentary or other information, and (iv) achieve such other appropriate prehearing objectives as will make the hearing fair,
effective, and expeditious.
c. Within ten days of his or her appointment,
the Hearing Officer shall schedule a hearing. Service of notice of hearing on
the specific charges filed by the Provost will be made at least 15 working days
prior to the hearing. Working days are defined for these procedures as days in
which the university is in regular academic year session (not summer quarter)
and engaged in instructional activities. Proceedings may continue out of
the regular academic year session with the agreement of the parties and all
members of the Hearing Panel, and with appropriate compensation to those whose
involvement is required. The faculty member may waive a hearing or may
respond to the charges in writing at any time before the hearing. If the
faculty member waives a hearing, but denies the charges or asserts that the
charges do not support a finding of adequate cause, the Hearing Panel will
evaluate all available evidence and rest its judgment upon the evidence in the
record.
d. The hearing will be private, unless the
Hearing Panel, in consultation with the Provost and only with the agreement of
the faculty member, decides that the hearing should be public.
e. During the proceedings the faculty member
will be permitted to have an academic advisor, a representative of a
responsible educational association, and/or counsel of the faculty member’s
choice.
f. A verbatim record of the full hearing,
consisting of a court-quality audio-tape and its transcript, will be taken by a
court reporter or other qualified individual acceptable to the Attorney
General’s office at the University’s expense. At the faculty member’s request,
a copy of the transcript will be made available to the faculty member without
cost as soon as possible. The records generated during these proceedings,
including the tape, will be kept in the Faculty Senate office.
g.
The Hearing Panel will grant adjournments to enable either party to
investigate evidence as to which a valid claim of surprise is made.
h. The faculty member will be afforded an
opportunity to obtain necessary witnesses and documentary or other evidence.
Both parties will cooperate with the Hearing Panel in securing witnesses and
making available documentary and other evidence.
i. Both parties will have the right to confront
and cross-examine all witnesses. Where the witnesses cannot or will not
appear, but the Hearing Panel determines that the interests of justice require
admission of their statements, the panel will identify the witnesses, disclose
their statements, and, if possible, provide for interrogatories.
j. In the hearing of charges of neglect of
duties, misconduct, failure to meet minimum standards of professional
competence, or interference, the testimony may include that of qualified
faculty members from this or other institutions of higher education.
k.
The Hearing Panel will not be bound by strict rules of legal evidence,
and may admit any evidence that is of probative value in determining the issues
involved. Every possible effort will be made to obtain the most reliable
evidence available.
l. The findings of fact and the judgment of the
Hearing Panel will be based solely on the hearing record. The burden of proof
that adequate cause exists rests with the institution and will be satisfied
only by the preponderance of the evidence in the record considered as a whole.
m.
The judgment of the Hearing Panel shall be by majority vote. The number
of ayes and nays will be part of the record. The judgment shall be rendered
within fifteen days of the conclusion of the hearing.
n. Except for such simple announcements as may
be required, covering the time of the hearing and similar matters, public
statements and publicity about the case by any person involved in the case will
be avoided so far as possible until the proceedings have been completed,
including consideration by the Board of Trustees of the institution. The
University President, the Provost and the faculty member will be notified of
the judgment of the Hearing Panel in writing and will be given a copy of any
part of the record of the hearing that they have not already received.
o. (1)
If the Hearing Panel concludes that adequate cause for dismissal or
other severe sanctions has not been established by the evidence in the record,
it will so report to the President within 10 days. o. (2) If the Hearing Panel
concludes that adequate cause for dismissal or other severe sanctions has been
established, it will recommend to the President dismissal or the sanction it
considers appropriate, with supporting reasons.
3. Action by the President
a. The
decision of the Hearing Panel shall become a final decision of the University
unless either party files an appeal to the President within 10 days of the date
of mailing by registered mail of the decision to the parties, or unless the
President elects to review the decision by giving written notice of intent to
review to the parties within 15 days of the date of delivery of the decision to
the President. The presidential review shall include consideration of the
written record. No new evidence shall be considered by the President.
b. Within
30 days of commencement of the review, the President shall make one of the
following determinations:(1) affirm the Panel's decision; or (2) remand for
further proceedings. Any decision of the President to remand must be based on
findings of the President that the decision of the Panel was arbitrary or
capricious; the procedures followed by the Panel in reaching its decision were
materially and prejudicially unfair or not in accordance with the law or
University rules or regulations; and\or the review in which he or she has
engaged has revealed the importance of evidence in the record which the Panel
did not adequately consider.
c. In the
event that the President remands the decision to the Panel, the Panel then has
20 days to reconsider its decision and the reasons given by the President for
remand, and to report back to the President its decision on remand. If the President rejects the report in whole or in part,
the President will state the reasons for doing so, in writing, to the Hearing
Panel and to the faculty member. The responses of the Hearing Panel and the
faculty member will be transmitted to the Board, along with the recommendation
of the President for a determination under the provisions in item # 4. below.
4. Action by the Board of Trustees
a.
Within ten days of a recommendation for dismissal or other severe
sanction, the University President will, on request of the faculty member,
transmit to the Board of Trustees the record of the case. The Board of
Trustees’ review, to be conducted in Executive Session and scheduled within
seventy-five days after the receipt of the request, will be primarily based on
the record of the panel hearing, and it will provide opportunity for argument,
oral or written or both, by the parties or by their representatives. The Board
may request the parties to submit additional written arguments on particular
issues and may request oral argument from the parties. No new evidence shall be considered by the Board of
Trustees.
b.
Within ten days following the review, the Board shall make one of the following determinations: (1) affirm the
Panel's decision; (2) reverse or amend the Panel's decision; or (3) remand for
further proceedings. Any decision of the Board of Trustees to reverse, amend,
or remand must be based on findings of the Board that the decision of the Panel
was arbitrary or capricious; the procedures followed by the Panel in reaching
its decision were materially and prejudicially unfair or not in accordance with
the law or University rules or regulations; or the review has revealed the
importance of evidence which the Panel did not adequately consider. Any
decision to reverse or amend without remand for further proceedings must
include a finding that, and explanation as to why, further proceedings are not
advisable. In the event the Board's decision is to affirm, reverse or amend the
decision of the Panel, the adjudication will be deemed closed.
c.
If the decision is remanded to the Hearing Panel, the panel will then reconsider,
taking into account the stated objections and receiving new evidence if
necessary. The panel will respond to the Board's finding within 15 days. The
Board shall make the final decision only after study of the panel's
reconsideration. In the event that the
Board decides to reverse or amend the reconsidered decision of the Panel, the
final decision shall state the basis of such decision, including specific
findings as to why the decision of the Panel was arbitrary or capricious, or
why the procedures followed by the Panel in reaching its decision were
materially and prejudicially unfair or not in accordance with the law or
University rules or regulations.
(END Section I)
(links on Handbook
main site to remaining SECTIONS and APPENDICES)