The
UNC Policy Manual
The Code
100.1
Technical
Corrections 09/22/21
Amended
05/25/23
Amended
01/25/24
SECTION
600. FREEDOM OF
INQUIRY AND RESPONSIBILITY WITHIN THE UNIVERSITY COMMUNITY.
(1) The University of North Carolina System is dedicated to the
transmission and advancement of knowledge and understanding. Academic freedom
is essential to the achievement of these purposes. The University therefore supports and encourages
freedom of inquiry for faculty members and students, to the end that they may
responsibly pursue these goals through teaching, learning, research,
discussion, and publication, free from internal or external restraints that
would unreasonably restrict their academic endeavors.
(2) The University and each constituent institution shall
protect faculty and students in their responsible exercise of the freedom to
teach, to learn, and otherwise to seek and speak the truth.
(3) Faculty and students of the University of North Carolina
System shall share in the responsibility for maintaining an environment in
which academic freedom flourishes and in which the rights of each member of the
academic community are respected.
SECTION 601. ACADEMIC
FREEDOM AND RESPONSIBILITY OF FACULTY.
(1) It is the policy of the University of North Carolina System
to support and encourage full freedom, within the law, of inquiry, discourse,
teaching, research, and publication for all members of the academic staffs of
the constituent institutions. Members of
the faculty are expected to recognize that accuracy, forthrightness, and
dignity befit their association with the University and their position as
faculty members. They should not
represent themselves, without authorization, as spokespersons for the
University of North Carolina System or any of its constituent institutions.
(2) The University and its constituent institutions shall not
penalize or discipline members of its faculties because of the exercise of
academic freedom in the lawful pursuit of their respective areas of scholarly
and professional interest and responsibility.
SECTION 602. ACADEMIC
TENURE; NON-DISCIPLINARY SEPARATION.[1]
(1) To promote
and protect the academic freedom of its faculty, the board of trustees of each
constituent institution shall adopt policies and regulations governing academic
tenure. Policies adopted by a board of
trustees regarding academic tenure and promotion shall be effective upon review
by the senior vice president for academic affairs and the vice president and
general counsel and approved by the president.
The chancellor, or their designee, shall review the constituent
institution’s tenure policies periodically, but at least every five years, and
shall report to the president whether or not amendments or revisions are
appropriate. The chancellor shall
involve the faculty in this review; however,
the chancellor shall make the final decision regarding any proposed amendments
or revisions.
(2) In all
instances, the tenure conferred on a faculty member is held with reference to
employment by a constituent institution, rather than to employment by the
University of North Carolina System.
(3) The tenure policies and regulations of each constituent
institution[2] shall prescribe the procedures by which decisions
concerning appointment, reappointment, promotion, and the conferral of
permanent tenure shall be made. The
length of terms of appointment that do not carry permanent tenure and those
faculty ranks or titles whose holders shall be eligible for permanent tenure
shall be prescribed. The institutional
policies and regulations also shall prescribe the intervals at which the review
of candidates for reappointment and promotion, including the conferral of
permanent tenure, shall occur. The
tenure policies and regulations of each institution, which shall include the
complete text of Chapter VI of The Code, shall be published by the
institution in a manner accessible to faculty members.
(4) The tenure
policies and regulations of each institution shall set forth the general
considerations upon which appointment, reappointment, promotion, and permanent
tenure are to be recommended. The
institutional regulations shall provide that these considerations shall include
an assessment of at least the following: the faculty member's demonstrated
professional competence, the faculty member’s potential for future
contribution, and institutional needs and resources.
(5) The institutional
policies and regulations shall specify that permanent tenure may be conferred
only by action of the president and the Board of Governors, or by such other
agencies or officers as may be delegated such authority by the Board of
Governors, which may include the constituent institution’s board of trustees.[3]
(6) Institutional
tenure policies and regulations shall distinguish among the following:
(a) The
nonreappointment (or nonrenewal) of a faculty member at the expiration of a
specified term of service;
(b) The
discharge for cause of a faculty member with permanent tenure or of a faculty
member appointed to a specified term of service before that term expires for
reasons of (i) incompetence, (ii) neglect of duty, or (iii) misconduct of such
a nature as to indicate that the individual is unfit to continue as a member of
the faculty, as specified in Section 603 of The Code;
(c) The
termination of employment for reasons of institutional financial exigency or
major curtailment or elimination of a teaching, research, or public-service
program of a faculty member who has permanent tenure, or of a faculty member
who has been appointed to a specified term of service before that term expires;
and
(d) The
non-disciplinary separation from employment of a faculty member with permanent
tenure or of a faculty member appointed to a specified term of service before
the term expires when:
(i) the faculty
member is unable to perform the essential functions of the job due to a medical
condition or the vagueness of a medical prognosis and the university and the
faculty member are unable to reach agreement on a return-to-work arrangement
that meets both the needs of the university and the faculty member’s condition,
and the university has demonstrated a business or operational need to fill the
faculty member’s position; or
(ii)
notwithstanding any unexhausted leave credits and leave benefits, the
faculty member is unable to perform all of the position’s essential duties due
to a court order, or due to the loss of credentials or certification required
for the position and that would render the faculty member unable to perform all
of the essential functions of the job.
A separation under this subsection (d) is not considered to
be disciplinary. A faculty member may file a grievance pursuant to Section 607
with respect to a non-disciplinary separation under this subsection. In the
event that such a grievance is filed, the burden shall be on the university
(rather than the grievant) to demonstrate that the faculty member was
unavailable based on one of the grounds listed in (d)(i) and (ii) and that the
university took reasonable steps to avoid separation.
(e) Retirement
or Phased Retirement.
(7) Institutional tenure policies and
regulations shall provide that the appointment, reappointment, or promotion of
a faculty member to a position funded in whole or in substantial part from
sources other than continuing state budget funds or permanent trust funds shall
specify in writing that the continuance of the faculty member's services,
whether for a specified term or for permanent tenure, shall be contingent upon
the continuing availability of such funds.
The institutional tenure policies and regulations may make one or more
of the following exceptions to the foregoing contingency requirement:
(a) That such
a contingency shall not be included in a promotion to a higher rank if, before
the effective date of that promotion, the faculty member had permanent tenure
and no such condition is attached to the tenure.
(b) That such a
contingency shall not be attached to the faculty member’s contract if the
faculty member held permanent tenure in that institution on July 1, 1975, and
the contract was not contingent upon the continuing availability of sources
other than continuing state budget or permanent trust funds.
(c) That such
a contingency may be waived for health affairs faculties because of the unusual
dependence of programs in the health professions on income from sources such as
clinical receipts.
If
a faculty member's appointment is terminated because of the nonavailability of
these funds, the institution will make every reasonable effort to give the same
notice as set forth in Section 605 B(1).
This notice shall include the pertinent data upon which the termination
is based.
(8) The tenure policies
and regulations of each institution shall be subject to approval by the
president. The president periodically
shall review and re-evaluate these policies and regulations and report findings
and recommendations, if any, to the Committee on University Personnel and
through the committee to the Board of Governors.
SECTION 603. DISCIPLINARY DISCHARGE,
SUSPENSION OR DEMOTION[4].
(1) A
faculty member who is the beneficiary of institutional guarantees of academic
tenure shall enjoy protection against unjust and arbitrary application of
formal discharge, suspension, or demotion.
During the period of such guarantees the faculty member may be
discharged from employment, suspended without pay, or demoted in rank for
reasons of:
(a) Incompetence, including significant, sustained
unsatisfactory performance after the faculty member has been given an
opportunity to remedy such performance and fails to do so within a reasonable
time;
(b) Neglect
of duty, including but not limited to, the sustained failure to: meet assigned
classes, respond to communications from individuals within the faculty member’s
supervisory chain, report to their employment
assignment and by continuing to be absent for fourteen (14) consecutive
calendar days without being excused by their supervisor, or to perform other
essential duties of their position or
(c) Misconduct
of such a nature as to indicate that the individual is unfit to continue as a
member of the faculty, including violations of professional ethics or engaging
in other unethical conduct; violation of university policy or law; mistreatment
of students or employees; research misconduct; financial or other fraud; or
criminal, or other illegal or inappropriate conduct. To justify formal discharge, suspension, or
demotion, such misconduct should be either (i) sufficiently related to a
faculty member’s responsibilities as to disqualify the individual from
effective performance of job duties, or (ii) sufficiently serious as to
adversely reflect on the individual’s honesty, trustworthiness or fitness to be
a faculty member.
Formal discharge, suspension, or demotion may be imposed
only in accordance with the procedures prescribed in this section. For
impositions of formal discharge, suspension, or demotion under this section of The Code,
a faculty member serving a stated term shall be regarded as having tenure until
the end of that term. These procedures
shall not apply to Non-Reappointment, Denial of Tenure, and Denial of Promotion
as provided in Section 604, Separation Due to Financial Exigency or Program
Curtailment as provided in Section 605, a
grievance as provided in Section 607, or any other lesser employment action
that is not a formal discharge, suspension, or demotion.
(2) Procedures
for the Imposition of Discharge, Suspension, or Demotion.
(a) “Notice of Intent to Discharge,
Suspend, or Demote”
The chief
academic officer of the institution, however titled, shall send the faculty
member a written notice of intention to discharge, suspend, or demote a faculty
member. The letter must include:
(i) the proposed date of discharge, suspension, or demotion; (ii) specific
reasons for discharge, suspension, or demotion; (iii) the faculty member’s
right to request a disciplinary hearing; and (iv) the deadline and
process for the faculty member to request a disciplinary hearing in writing.
The notice shall be provided in such a manner that provides proof of delivery.
At any point during these procedures, the chancellor or the chief academic
officer shall have the discretion to either reassign the faculty member to
other duties or to place the faculty member on administrative leave with
pay. Reassignment or placement of a
faculty member on administrative leave with pay is not a disciplinary
action.
(b) If,
within 14 calendar days after receiving the notice,
the faculty member makes no written request for a disciplinary hearing, the
discharge, suspension, or demotion, shall be final and without recourse to any
institutional grievance or appellate procedure.[5]
(c) If the faculty member makes a timely
written request for a disciplinary hearing, the chancellor shall ensure a
process is in place so that the hearing is timely accorded before an elected
standing committee of the institution’s faculty. The hearing shall be on the written
specification of reasons for the discharge, suspension, or demotion. The hearing committee shall accord the
faculty member at least 30 calendar days from the time it receives the faculty
member’s written request for a disciplinary hearing to schedule the hearing.
The hearing committee may, upon the faculty member’s written request and for
good cause, extend any campus-imposed deadline by written notice to the faculty
member. The disciplinary hearing
committee will ordinarily endeavor to complete the disciplinary hearing within
90 calendar days except under unusual circumstances such as when a disciplinary
hearing request is received during official university breaks and holidays and
despite reasonable efforts the disciplinary hearing committee cannot be
assembled.[6]
(d) The disciplinary hearing shall be
closed to the public. The faculty member shall have the right to counsel, to
present the testimony of witnesses and other evidence, to confront and
cross-examine adverse witnesses, to examine all documents and other evidence,
and to make argument. A written
transcript of all proceedings shall be kept; upon request, a copy of the
transcript shall be furnished to the faculty member at the institution's
expense.
(e) The chief academic officer, or
designee, and/or counsel, may participate in the disciplinary hearing to
present testimony of witnesses and other evidence, to cross-examine witnesses,
to examine all documents and other evidence, and to make argument.
(f) The disciplinary hearing committee
shall make written recommendations to the chancellor within 14 calendar days
after its hearing concludes or after the full transcript is received, whichever
is later. In reaching its written
recommendations to the chancellor, the committee shall consider only the
evidence presented at the disciplinary hearing and such written or oral
arguments as the committee, in its discretion, may allow. The institution has the burden to prove by a
showing of “clear and convincing” evidence that it had permissible grounds for
the discharge, suspension, or demotion.
(g) Following receipt of the disciplinary
hearing committee’s written recommendations, the decision as to whether to
discharge, suspend, or demote the faculty member is the chancellor’s and shall
be effective as of the date of the chancellor’s decision and the institution’s
obligation to continue paying the faculty member’s salary shall cease upon
issuance of the chancellor’s decision.
If the chancellor decides to discharge, suspend, or demote the faculty
member, the faculty member may appeal the decision to the board of
trustees. An appeal to the board of
trustees must contain a brief statement that alleges one or more of the
following as the basis for the appeal: (1) that the process for making the
decision was materially flawed; (2) that the result reached by the chancellor
was clearly erroneous; or (3) that the decision was contrary to controlling law
or policy. If the faculty member elects to appeal the chancellor’s decision to
the board of trustees, this appeal shall be transmitted through the chancellor
and be addressed to the chair of the board.
Notice of appeal shall be filed with the board of trustees by certified
mail, return receipt requested, or by another means that provides proof of delivery,
within 14 calendar days after the faculty member receives the chancellor's
decision.
(3) Appeals of
Decisions Imposing Discharge, Suspension, or Demotion. The appeal to the board of trustees shall be
decided by the full board of trustees. However,
the board may delegate the duty of conducting an initial review to a standing
or ad hoc committee of at least three members.
The board of trustees, or its committee, shall consider the appeal based
on the record of the proceedings below, and may, in its discretion, consider
written or oral arguments, subject to any policies, regulations or guidelines
as may be adopted by the Board of Governors, president, or board of
trustees. The board of trustees’ decision
shall be made as soon as reasonably possible after the chancellor has received
the faculty member’s appeal to the trustees.
This decision shall conclude the University’s appeals process.
(4) The procedures prescribed herein shall
take effect with any discharge, suspension, or demotion occurring on or after
August 1, 2023.
SECTION 604. NON-REAPPOINTMENT,
DENIAL OF TENURE, AND DENIAL OF PROMOTION. [7]
604 A. Decisions
Subject to Notice.
(1) The following faculty employment decisions are subject to
notice as provided by this section:
(a) Decision not to reappoint a tenure
track faculty member after the initial contract period (“Non-Reappointment”);
(b) Decision
not to confer tenure to a tenure track faculty member (“Denial of Tenure”); and
(c) Decision
not to promote in rank a tenure track faculty member or a tenured faculty
member (“Denial of Promotion”).
604 B. Notice of Decisions.
(1)
Non-Reappointment.[8] For a non-reappointment of a tenure track
faculty member, the faculty employment decision shall be made by the
appropriate institutional faculty and administrative officers early enough to
permit reasonable notice to be given.
For a full time, tenure track faculty member, timely notice shall be as
follows:
(a)
During
the first year of service at the institution, the faculty member shall be given
not less than 60 calendar days’ written notice before the specified term
contract expires;
(b)
During
the second year of continuous
service at the institution, the faculty member shall be given not less than 90
calendar days’ written notice before the specified term contract expires; and
(c)
After two or more years of continuous service at the institution,
the faculty member shall be given not less than 12 months’ written notice
before the specified term contract expires.
(2)
Denial
of Tenure. For Denial of Tenure the
faculty member shall be given not less than 12 months’ written notice before
the faculty member’s appointment expires.
(3)
Denial
of Promotion. For Denial of Promotion in
rank, the faculty member shall be given written notice within a reasonable time
following the final faculty employment decision not to promote.
604 C. Review of Decisions.
(1) Campus-Based
Review. Subject to limitations contained
in The Code and the policies
of the Board of Governors, each constituent institution shall have a procedure
whereby a tenure track faculty member may seek review of a decision regarding
non-reappointment, promotion, and tenure as provided in Section 604A. Such
procedures shall at a minimum provide for the following:
(a) The faculty member shall have at least 30 calendar days upon
receiving the notice of the decision to request a review of the decision on the
grounds that the faculty employment decision was based on an Impermissible
Basis (as defined herein). If the faculty member does not request review of the
decision within the campus-defined timeframe, the decision shall be final
without recourse to any further review or appeal.
(b) If the faculty member files a request for review within the
campus-specified timeframe, the chancellor shall ensure a process is in place
so that a review by a standing committee of the institution’s faculty occurs
within a reasonable time from the request for review. The institution and
faculty member should endeavor to complete the review within 90 days from the
request for review.
(c) In reaching written recommendations
to the chancellor, the review committee shall consider only the evidence
presented by the faculty member and a representative of the university,
including the written record of the decision.
The faculty member shall have the burden to prove by a preponderance of
the evidence that the decision was based on an Impermissible Basis.
(d) Impermissible Basis. A decision under
Section 604A shall not be based upon (1) the exercise by the faculty member of
rights guaranteed by the First Amendment to the United States Constitution, or
by Article I of the North Carolina Constitution; (2) the faculty member's
membership in a group protected from discrimination under state or federal law;
(3) other violation of state or federal law; or (4) material violation of
applicable university policies for reappointment, promotion, and tenure that
materially affected the decision. .
(2) Appeal to the Board of
Trustees. If the chancellor concurs in a
recommendation of the committee that is favorable to the faculty member, the
chancellor’s decision shall be final with no appeal available. If the chancellor either declines to accept a
committee recommendation that is favorable to the faculty member or concurs in
a committee recommendation that is unfavorable to the faculty member, the
faculty member may appeal the chancellor’s decision by filing a written notice
of appeal with the board of trustees. This appeal shall be transmitted through
the chancellor and be addressed to the chair of the board of trustees, by
submitting such notice by certified mail, return receipt requested, or by
another means that provides proof of delivery, within 14 calendar days after
the faculty member’s receipt of the chancellor’s decision. The notice must contain a brief statement
that alleges one or more of the following as the basis for the appeal: (a) that
the campus-based process for reviewing the decision was materially flawed; (b)
that the result reached by the chancellor was clearly erroneous; or (c) that
the decision was contrary to controlling law or policy.
(3) The procedures prescribed in this
section shall take effect with any faculty employment decision effective on or
after August 1, 2023.
SECTION 605. SEPARATION
DUE TO FINANCIAL EXIGENCY OR PROGRAM CURTAILMENT.
605 A. Definition.
The tenure policies and regulations
of each institution shall provide that the employment of faculty members with
permanent tenure or of faculty members appointed to a fixed term may be
terminated by the institution because of (1) demonstrable, bona fide
institutional financial exigency or (2) major curtailment or elimination of a
teaching, research, or public-service program. "Financial exigency"
is defined as a significant decline in the financial resources of the
institution that is brought about by decline in institutional enrollment or by
other action or events that compel a reduction in the institution's current
operations budget. The determination of whether a condition of financial
exigency exists or whether there shall be a major curtailment or elimination of
a teaching, research, or public-service program shall be made by the
chancellor, after consulting with the academic administrative officers and
faculties as required by Section 605 C (1), subject to the concurrence by the
president and then approval by the Board of Governors. If the financial
exigency or curtailment or elimination of program is such that the
institution's contractual obligation to a faculty member may not be met, the
employment of the faculty member may be terminated in accordance with
institutional procedures that afford the faculty member a fair hearing on that
decision.[9]
605 B. Timely
Notice of Termination.
(1) When a faculty
member's employment is to be terminated because of major curtailment or
elimination of a teaching, research, or public-service program and such
curtailment or elimination of program is not due to financial exigency, the
faculty member shall be given timely notice as follows:
(a) One who has permanent tenure shall be
given not less than 12 months' notice; and
(b) One
who was appointed to a fixed term and does not have permanent tenure shall be
given notice in accordance with the requirements specified in Section 604 A(1).
(2) When a faculty member's employment is
to be terminated because of financial exigency, the institution will make every
reasonable effort, consistent with the need to maintain sound educational
programs and within the limits of available resources, to give the same notice
as set forth in Section 605 B(1).
(3) For a period of two years after the
effective date of termination of a faculty member's contract for any of the
reasons specified in Section 605 A, the institution shall not replace the
faculty member without first offering the position to the person whose
employment was terminated. The offer shall be made in such a manner that
provides proof of delivery. . The faculty
member will be given 30 calendar days after attempted delivery of the notice to
accept or reject the offer.
605 C. Institutional Procedures.
The institution shall establish
regulations governing termination procedures. These regulations shall include
provisions incorporating the following requirements:
(1) If it
appears that the institution will experience an institutional financial
exigency or needs seriously to consider a major curtailment or elimination of a
teaching, research, or public-service program, the chancellor or chancellor’s
delegate shall first seek the advice and recommendations of the academic
administrative officers and faculties of the departments or other units that
might be affected.
(2) In
determining which faculty member's employment is to be terminated for reasons
set forth in Section 605 A, the chancellor shall give consideration to tenure
status, to years of service to the institution, and to other factors deemed
relevant, but the primary consideration shall be the maintenance of a sound and
balanced educational program that is consistent with the functions and
responsibilities of the institution.
(3) An
individual faculty member whose employment is to be terminated shall be
notified of this fact in writing. This notice shall include a statement of the
conditions requiring termination of employment, a general description of the
procedures followed in making the decision, and a disclosure of pertinent
financial or other data upon which the decision was based.
(4) A reconsideration
procedure shall be provided that affords the faculty member whose employment is
to be terminated a fair hearing on the termination if the faculty member
alleges that the decision to terminate was arbitrary or capricious.
(5) The
institution, when requested by the faculty member, shall give reasonable
assistance in finding other employment for a faculty member whose employment
has been terminated.
(6) A faculty
member whose employment is terminated pursuant to Section 605 may appeal the
reconsideration decision to the board of trustees of the constituent
institution.
SECTION 606. SEPARATION
DUE TO RETIREMENT.
Faculty may retire in accordance
with the provisions of Chapter 135 of the North Carolina General Statutes.
SECTION
607. FACULTY GRIEVANCE PROCESS.
(1) The
chancellor of each constituent institution shall provide for the establishment
of a faculty grievance committee. The
faculty grievance committee shall be elected by the faculty with members
elected from each professorial rank. No
officer of administration shall serve on the committee. For purposes of this section, "officer
of administration" shall be deemed to include deans, department chairs and
department heads.
(2) The
committee shall be authorized to hear grievances of members of the
faculty.
(3) "Grievances"
within the province of the grievance committee’s power shall include matters
directly related to a faculty member’s terms and conditions of employment.
Grievances must be based upon a decision made by an administrator in a supervisory
role over the faculty member. The grievance must allege that the decision was
in violation of federal or state law, or UNC Policy or Regulation, or
constituent institution policy or regulation and that the faculty member was
negatively affected by such decision.
However, the grievance committee may not consider a matter that is
subject to Section 603, Section 604, or Section 605 of The Code, or a
matter that is not grievable as defined in UNC Policy 101.3.2[R].
(4) A
faculty member who has a grievance may submit the grievance to the faculty
grievance committee. The grievance
committee shall decide whether the facts fall within the institution’s
grievance policy such that the grievance is reviewable by the committee;
submission of a grievance shall not result automatically in consideration or
review of the grievance.
(5) The
chancellor shall make the final decision on a grievance. If the decision is not
in favor of the faculty member, the decision may be appealed to the board of
trustees of the constituent institution. The decision of the board of trustees is final.
SECTION 608. STUDENTS'
RIGHTS AND RESPONSIBILITIES.
(1) The
University of North Carolina System affirms that the first goal of each
constituent institution is to educate the students admitted to its
programs. The freedom of students to
learn is an integral and necessary part of the academic freedom to which the
University of North Carolina System and its constituent institutions are
dedicated. Each constituent institution
shall provide, within allotted functions and available resources, opportunity
for its students to derive educational benefits through developing their
intellectual capabilities, encouraging their increased wisdom and
understanding, and enhancing their knowledge and experience applicable to the
effective discharge of civic, professional, and social responsibilities. No constituent institution shall abridge
either the freedom of students engaged in the responsible pursuit of knowledge
or their right to fair and impartial evaluation of their academic performance.
(2) All
students shall be responsible for conducting themselves in a manner that helps
to enhance an environment of learning in which the rights, dignity, worth, and
freedom of each member of the academic community are respected.
(3) In
applying regulations in the area of student discipline, each constituent
institution shall adhere to the requirements of due process as set forth in
Section 502 D(3) of The Code.
SECTION 609. JURISDICTION
OF THE BOARD OF GOVERNORS.
609 A. Discretionary Review.
The Board of Governors may make such
inquiry and review into matters as it may from time to time deem appropriate;
provided, however, that the Board of Governors shall not review matters or
actions that are subject to separate processes under Chapter VI or any other
chapter of The Code, or for which a
designated review, grievance, or hearing process has been established by the
UNC Policy Manual, including but not limited to student disciplinary matters,
research misconduct matters, other employment matters, first amendment matters,
misuse of state funds reports, or audit and compliance matters. Moreover, it is the Board of Governors
expectation that campus matters will be appropriately addressed at the
constituent institution. Therefore, it
is only in extraordinary circumstances, as solely determined by the Board of
Governors that the Board of Governors will exercise its discretion to review
any matter that has not first been brought to the attention of the designated
institutional administrator, chancellor, or president for appropriate review
and handling.
609 B. Hearings.
The Board of Governors may in its
sole discretion conduct hearings. Any
hearing, whether before the full Board or a designated standing or special
committee of the Board, shall be limited to such matters as the Board of
Governors shall deem appropriate.
609 C. Transmission of Appeals
All
appeals addressed to or requests for hearings by the Board of Governors, from
whatever source, shall be transmitted through the president.
SECTION 610. RIGHTS
OF SPECIAL FACULTY MEMBERS
(1) Faculty
members who are appointed as visiting faculty members, adjunct faculty,
lecturers, artists-in-residence, writers-in-residence, or other special
categories are regarded as “special faculty members” for purposes of The Code. Special faculty members may be paid or
unpaid.
(2) Special
faculty members who are paid shall be appointed for a specified term of
service, as set out in writing in the letter of appointment. The term of appointment of any paid special
faculty member concludes at the end of the specified period set forth in the
letter of appointment, and the letter of appointment constitutes full and
timely notice that a new term will not be granted when that term expires. The continued employment of a special faculty
member during the term appointment may be made expressly contingent on items
such as the continued availability of funding from any source, on enrollment
levels, or any other contingency established by the institution, in which case
the appointment letter must state such contingency.
(3) Special
faculty members who are not paid may be appointed for a specified term of
service or at will. Their pay and
appointment status should be set out in the letter of appointment.
(4) During
the term of their employment, paid special faculty members are entitled to seek
recourse under Section 607 of The Code (relating to faculty
grievances).
(5) Special
faculty members, whether paid or unpaid, are not covered by Section 604 of The
Code, and that section does not accord them rights to additional review of
a decision by a constituent institution not to grant a new appointment at the
end of a specified fixed term.
SECTION
611. APPOINTMENT OF AFFILIATE FACULTY
Institutions may confer honorary academic
titles to outstanding individuals who have primary employment responsibility
outside the university but provide professional expertise or contributions to
an academic program. Such honorary
academic appointments are necessary to recruit and recognize professionals,
especially those in healthcare fields, to serve in critical roles such as
preceptors for clinical clerkships or experiential learning. Processes for the selection and appointment
of these unpaid faculty roles must reside outside the tenure policies and
regulations of each constituent institution as these appointments are not
eligible for permanent tenure and shall not be entitled to any rights under any
other Section of this Chapter.
SECTION 612. REVIEW OF PERSONNEL ACTIONS
AFFECTING SPECIFIED EMPLOYEES EXEMPT FROM THE NORTH
CAROLINA HUMAN RESOURCES ACT (EHRA)
(1) Review
Processes. Certain non-faculty
employees, as described in subsection (1)(b) below who are exempt from the
North Carolina Human Resources Act, may seek review under procedures provided
for by this section in the event that the employee is discontinued, terminated,
or discharged from employment, or suffers other adverse employment action. Each constituent institution shall develop procedures
applicable to employees of the constituent institution, and the UNC System
Office shall develop procedures applicable to those of its employees who are
covered by this section. Such procedures
shall, at a minimum, provide for the following:
(a) A
reasonable time within which an employee or former employee may file a request
for review, after receiving notice of an employment action covered by this
section. If the employee or former
employee does not timely file a written request for review, then the employment
action is final without recourse to any institutional grievance, review, or
appeal.
(b) Exempt Professional Staff as defined
in Section 300.1.1 I.C. who are not commissioned police officers may seek
review of personnel actions based on allegations:
(i) Notice
(A) For
violations of applicable notice requirements set out in Section 300.1.1. of the
UNC Policy Manual; or
(ii) Equal
Employment Opportunity and Protected Activity
(A) For
violations of any provision of subsections III.D. or E. of Section 300.1.1 of
the UNC Policy Manual; or
(iii) Discharge
for Cause, Other Formal Discipline, Policy Interpretation/ Application
(A) For
discharge for cause or other formal disciplinary action, or for interpretation
and application of a policy provision, all pursuant to and limited by subsection
III.C of Section 300.1.1 of the UNC Policy Manual, a review may be sought only
if the employee alleges the discharge, formal discipline, or policy
interpretation, or application was illegal or violated a policy of the Board of
Governors.
(c) If the
employee or former employee timely files a written request for review, the
president (as to an employee of the UNC System Office) or chancellor (as to an
employee of a constituent institution), shall ensure a process is in place so
that a hearing is timely accorded before a hearing committee.
(d) In
reaching decisions on which its written recommendations to the president (as to
an employee of the UNC System Office) or chancellor (as to an employee of a
constituent institution), as appropriate, shall be based, the committee shall
consider only the evidence presented at the hearing and such written or oral arguments
as the committee, in its discretion, may allow.
The employee or former employee has the burden of proof. In evaluating the evidence, the committee
shall use the standard of preponderance of the evidence (which is the same as
the “greater weight of the evidence”).
(2) Appeal to the Board of Trustees or Board of
Governors.
(a) For employees of a constituent institution, if the chancellor
concurs in a recommendation of the committee that is favorable to the employee,
the chancellor’s decision shall be final. If the chancellor either declines to
accept a committee recommendation that is favorable to the employee or concurs
in a committee recommendation that is unfavorable to the employee, the employee
may appeal within 14 calendar days after receiving the chancellor’s written
decision, by filing with the chancellor for transmission to the board of
trustees a written notice of appeal, including a brief statement of the basis
for the appeal, by certified mail, return receipt requested, or by another means
that provides proof of delivery, and
alleges as set out in subsection (1)(b), above.
The decision of the board of trustees is final with no further appeal.
(b) For
employees of the UNC System Office, if the president concurs in a
recommendation of the committee that is favorable to the employee, the
president’s decision shall be final. If the president either declines to accept
a committee recommendation that is favorable to the employee or concurs in a
committee recommendation that is unfavorable to the employee, the employee may
appeal within 14 calendar days after receiving the president’s written
decision, by filing with the president for transmission to the Board of
Governors a written notice of appeal, including a brief statement of the basis
for appeal, by certified mail, return receipt requested, or by another means
that provides proof of delivery, and alleges as set out in subsection (1)(b)
above. The decision of the Board of Governors is final with no further appeal.
[1] Pursuant to G.S. 116-11(13), and notwithstanding The Code or any other Board of Governors policy, the Board of Governors delegates certain authorities to the president of the UNC System. See Section 200.6, Delegation Authority to the President of the University.
[2] Because of the unique character and mission of the University of North Carolina School of the Arts and of the North Carolina School of Science and Mathematics, the requirement that the institution adopt tenure policies will be satisfied at those institutions by an employment system based on renewable contracts, which system need not provide for the traditional faculty ranks. Wherever the phrase “tenure policies and regulations” is used in this chapter, it shall mean, for the University of North Carolina School of the Arts and for the North Carolina School of Science and Mathematics, the faculty employment policies of those schools. Wherever the phrase “tenured faculty” is used in this chapter and in the Policies of the Board of Governors, it shall mean, for those schools, a faculty member holding a fixed-term contract.
[3] See Footnote 1, above.
[4] A demotion as defined in this Section shall not include a demotion that results in the loss of a faculty member’s tenure.
[5] In computing any period of time, the day in which notice is received is not counted but the last day of the period being computed is to be counted.
[6] To meet this deadline, faculty are encouraged to consider scheduling hearings during the evening, weekend, or other non-class time. It is strongly recommended that several days and times be established for the hearing when scheduling the first day, for the eventuality that the hearing may take two or more sessions.
[7] Because of the unique character and mission of the University of North Carolina School of the Arts and of the North Carolina School of Science and Mathematics, regular faculty holding fixed-term contracts at those institutions are entitled to the rights afforded in this section.
[8] Faculty at North Carolina School of Science and Mathematics shall be given notice no later than February 15 of the reappointment year.
[9] Because of the unique character and mission of the North Carolina School of Science and Mathematics, when the employment of a faculty member is to be terminated during or at the conclusion of a fixed-term contract because of major curtailment or elimination of a teaching, research, or public-service program that is not founded upon financial exigency, written notice shall be given no later than the November 1 prior to termination. When faculty employment is to be terminated during or at the conclusion of a fixed-term contract because of financial exigency, the school shall make every reasonable effort, consistent with the need to maintain sound educational programs and within the limits of available resources, to give notice no later than the November 1 prior to termination. Terminations at the end of a fixed-term contract for the reasons stated above in this footnote are not subject to Section 604 of The Code, but instead are subject to Section 605.