The UNC Policy Manual
The
Code
100.1
Technical Corrections 09/22/21
Amended 05/25/23
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.
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.[8]
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) Employees may seek review of personnel
actions based on allegations that:
(i) Notice
(A) For senior academic and administrative officers defined
only in Section 300.1.1 I.B., for discontinuations, expiration of term
appointments, or terminations of employment with notice, such review may be
sought only upon allegations of violations of applicable notice requirements
set out in Section 300.1.1. III.B. 1., 2., and 3., of the UNC Policy Manual;
and
(B) For other employees exempt from the North Carolina Human
Resources Act, as described only in Section 300.2.1, for discontinuations,
expiration of term appointments, or terminations of employment with notice,
such review may be sought only upon allegations of violations of applicable
notice requirements set out in Section 300.2.1 III. A., B., and C. of the UNC
Policy Manual; or
(ii) Equal Employment Opportunity and
Protected Activity
(A) For the senior academic and administrative officers defined
in subsection (i) above, for violations of any
provision of subsections III.D. or E. of Section 300.1.1 of the UNC Policy
Manual; and
(B) For the other employees exempt from the North Carolina Human
Resources Act defined directly above in subsection (ii), for violations of any
provision of sections V., or VI., of Section 300.2.1 of the UNC Policy Manual;
or
(iii) Discharge for Cause, Other Formal Discipline,
Policy Interpretation/Application
(A) For the senior academic and administrative officers defined
in subsection (i) above, for discharge for cause or
other formal disciplinary action, or for interpretation and application of a
policy provision, all pursuant to and limited by Section 300.1.1 III.C. of the UNC
Policy Manual; and
(B) For the other employees exempt from the North Carolina Human
Resources Act defined above in subsection (ii), for discharge for cause or
other formal disciplinary action, or for interpretation and application of a
policy provision, all pursuant to and limited by Section 300.2.1 IV. of the UNC
Policy Manual; or
Except
that for both groups such 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]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.