The UNC Policy Manual
The
Code
100.1
SECTION 600. FREEDOM
AND RESPONSIBILITY IN THE UNIVERSITY COMMUNITY.
(1) The University of North Carolina 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 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 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 men and women of learning. They should not represent themselves, without
authorization, as spokespersons for the University of North Carolina 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.[8]
(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 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.
(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.
(3) The tenure policies and
regulations of each constituent institution[9] 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 and
distributed to its 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.[10]
(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 from employment of a faculty member with
permanent tenure or of a faculty member appointed to a specified term of
service before that term expires only 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 Code Section 603;
(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) 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 Personnel and
Tenure and through the committee to the Board of Governors.
SECTION
603. DUE PROCESS BEFORE
DISCHARGE OR THE IMPOSITION OF SERIOUS SANCTIONS.
(1) A faculty member who is the beneficiary of institutional
guarantees of tenure shall enjoy protection against unjust and arbitrary
application of disciplinary penalties. 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 sustained failure to meet
assigned classes or to perform other significant faculty professional
obligations; 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, mistreatment of students or other employees,
research misconduct, financial fraud, criminal, or other illegal, inappropriate
or unethical conduct. To justify serious
disciplinary action, such misconduct should be either (i)
sufficiently related to a faculty member’s academic responsibilities as to
disqualify the individual from effective performance of university duties, or
(ii) sufficiently serious as to adversely reflect on the individual’s honesty,
trustworthiness or fitness to be a faculty member.
These sanctions may be
imposed only in accordance with the procedures prescribed in this section. For impositions
of serious sanctions under this Code section,
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 nonreappointment (Section 604) or termination of employment
(Section 605).
(2) Procedures for the Imposition of
Discharge or Serious Sanction.
(a) The chief
academic officer of the institution, however titled, shall send the faculty
member a written notice of intention to discharge the faculty member or impose
a serious sanction together with a written specification of the reasons. The notice and specification of reasons shall
be sent by a method of mail or delivery that requires a signature for delivery. The statement shall include notice of the
faculty member’s right, upon request, to a hearing by an elected standing faculty committee on
hearings. When
the faculty member has been notified of the institution's intention to
discharge the faculty member, the chancellor shall have the sole discretion to
either reassign the faculty member to other duties or to place the faculty
member on administrative leave with pay.
Placement of a faculty member on administrative leave with pay shall be
in exceptional circumstances, such as to avoid disruption in the work place or
protect the safety of members of the campus community.
(b) If, within 14 calendar days after
receiving the notice and written specifications referred to in paragraph (a)
above, the faculty member makes no written request for a hearing, the faculty
member may be discharged or serious sanction imposed without recourse to any
institutional grievance or appellate procedure.[11]
(c) If the
faculty member makes a timely written request for a 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 intended discharge or imposition of a serious
sanction. The hearing committee shall
accord the faculty member 30 calendar days from the time it receives the
faculty member’s written request for a hearing to prepare a defense. The hearing committee may, upon the faculty
member’s written request and for good cause, extend this time by written notice
to the faculty member. The hearing
committee will ordinarily endeavor to complete the hearing within 90 calendar
days except under unusual circumstances such as when a hearing request is
received during official university breaks and holidays and despite reasonable
efforts the hearing committee cannot be assembled.12
(d) The hearing shall be closed to the
public unless the faculty member and the hearing committee agree that it may be
open. 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 adverse demonstrative evidence, and to make argument. A written transcript of all proceedings shall
be kept; upon request, a copy thereof 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 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 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
hearing and such written or oral arguments as the committee, in its discretion,
may allow. The university has the burden
of proof. In evaluating the evidence,
the committee shall use the standard of “clear and convincing” evidence in
determining whether the institution has met its burden of showing that
permissible grounds for serious sanction exist and are the basis for the
recommended action.
(g) Following receipt of the committee’s
written recommendations, the decision as to whether to discharge or impose
serious sanction on the faculty member is the chancellor’s. If the chancellor decides to discharge the faculty
member, 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 impose one or
more serious sanctions upon the faculty member, the institution may impose such
sanctions upon issuance of the chancellor’s decision. 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 to the board of trustees. An appeal 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, so as to raise questions
about whether the faculty member’s contentions were fairly and reliably
considered; (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 or Serious
Sanction. 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 on the 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 request for an appeal to the trustees. This decision shall be the end of the
University’s appeals process.
(4) The procedures prescribed herein shall
take effect with any discharge or serious sanction proposed on or after July 1,
2019.
SECTION 604. APPOINTMENT,
NONREAPPOINTMENT AND REQUIREMENTS OF NOTICE AND REVIEW FOR TENURE TRACK FACULTY.12.1
604 A. Notice of Reappointment or Nonreappointment.
(1) The
decision not to reappoint a faculty member at the expiration of a fixed term of
service shall be made by the appropriate institutional faculty and
administrative officers early enough to permit timely notice to be given.12.2 For full-time faculty at
the rank of instructor, assistant professor, associate professor, or professor,
the minimum requirement for 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 90 calendar days’ notice before the employment contract expires; and
(b) During the second year of continuous service at the
institution, the faculty member shall be given not less than 180 calendar days'
notice before the employment 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' notice
before the employment contract expires.
(2) Notice of reappointment or nonreappointment shall be written.
If the decision is not to reappoint, then failure to give timely notice of
nonreappointment will oblige the chancellor thereafter to offer a terminal
appointment of one academic year.
604
B. Impermissible Reasons for
Nonreappointment.
In no
event shall a decision not to reappoint a faculty member 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; or (2) the faculty member's race, color, sex, religion, creed,
national origin, age, disability, veteran’s status, or other forms of
discrimination prohibited under policies adopted by campus boards of trustees;
or (3) personal malice. For purposes of
this section, the term “personal malice” means dislike, animosity, ill-will, or
hatred based on personal characteristics, traits, or circumstances of an
individual.
604 C. Review of
Nonreappointment Decisions.
(1) Campus-Based Review.
Subject to limitations contained in this 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 the decision of the constituent institution not to reappoint the
faculty member. Such procedures shall at
a minimum provide for the following:
(a) A
reasonable time of no less than 14 calendar days within which after receiving
the notice of nonreappointment, the faculty member may request review of the
decision by appropriate faculty committee and administrative officers. If the
faculty member does not request review of the notice of nonreappointment in a
timely fashion as specified by campus tenure policies, the nonreappointment is
final without recourse to any further review by faculty committees, the
institution, or the Board of Governors.
(b) If the
faculty member files a request for review in a timely fashion, the chancellor
shall ensure a process is in place so that a hearing is timely accorded before
an elected standing committee of the institution’s faculty.
(c) In reaching written recommendations
to the chancellor, 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 faculty
member shall have 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).
(d) The purpose of the campus-based review
process is to determine (i) whether the decision was
based on considerations that The Code
provides are impermissible; and (ii) whether the procedures followed to reach
the decision materially deviated from prescribed procedures such that doubt is
cast on the integrity of the decision not to reappoint.
(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, so
as to raise questions about whether the faculty member’s contentions were
fairly and reliably considered; (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 nonreappointment decision effective on or
after July 1, 2019.
SECTION 605. TERMINATION OF FACULTY
EMPLOYMENT.
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.13
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 founded upon 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 by a method of delivery that
requires a signature for delivery, and 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 this Section 605 may appeal the reconsideration decision
to the board of trustees of the constituent institution.
SECTION 606. RETIREMENT OF FACULTY.
Faculty
may retire in accordance with the provisions of Chapter 135 of the North
Carolina General Statutes.
SECTION 607. FACULTY
GRIEVANCE COMMITTEE FOR CONSTITUENT INSTITUTIONS.
(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
department chairs and department heads.
(2) The committee shall be authorized to hear and advise with
respect to the adjustment of grievances of members of the faculty. The power of the committee shall be solely to
hear representations by the persons directly involved in a grievance, to
facilitate voluntary adjustment by the parties, and to advise adjustment by the
administration when appropriate. Advice
for adjustment in favor of an aggrieved faculty member may be given to the
chancellor only after the dean, department head, or other administrative
official most directly empowered to adjust it has been given similar advice and
has not acted upon it within a reasonable time.
(3) "Grievances" within the province of the
committee's power shall include matters directly related to a faculty member's
employment status and institutional relationships within the constituent
institution, including matters related to post-tenure review. However, no grievance that grows out of or
involves matters related to a formal proceeding for the suspension, discharge
or termination of a faculty member, or that is within the jurisdiction of
another standing faculty committee, may be considered by the committee.
(4) If any faculty member has a grievance, the faculty member
may petition the faculty grievance committee for redress. The petition shall be written and shall set
forth in detail the nature of the grievance and against whom the grievance is
directed. It shall contain any
information that the petitioner considers pertinent to the case. The committee shall decide whether the facts
merit a detailed investigation so that submission of a petition shall not
result automatically in an investigation or detailed consideration of the
petition.
(5) If, before this section is established, the faculty of an
institution has adopted a faculty grievance procedure that in its judgment is
adequate to its needs, it may retain that procedure in place of the one
specified above.
(6) If neither the
relevant administrative official nor the chancellor makes an adjustment that is
advised by the faculty grievance committee in favor of the aggrieved faculty
member, then the faculty member may appeal 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 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 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 this 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 University 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, special faculty
members are entitled to seek recourse under Section 607 of the University Code
(relating to faculty grievances).
(5) Special faculty members, whether paid or unpaid, are not
covered by Section 604 of the University 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. REVIEW OF PERSONNEL ACTIONS
AFFECTING SPECIFIED EMPLOYEES
EXEMPT FROM THE STATE HUMAN RESOURCES ACT (EHRA)
(1) Review Processes.
Certain non-faculty employees, as described in subsection (1)(b) below, who are exempt from the State 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,
suffers other adverse personnel action, or is not appointed following the end
of a term appointment. 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 a covered employee or former
employee may file a request for review, after receiving notice of a personnel
action covered by this section. If a
covered person does not timely file a written request for review, then the
personnel action is final without recourse to any institutional review, appeal
or grievance procedure.
(b) Covered persons may seek review of personnel actions based on allegations that:
(i) Notice
(A) For Senior Academic and Administration 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 State 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 State 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 Discipline,
Policy Interpretation/Application
(A) For the Senior Academic and Administrative Officers defined
in subsection (i) above, for discharge for cause or
other 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 State Human
Resources Act defined above in subsection (ii), for discharge for cause or
other 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, 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 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.
8Pursuant to NCGS § 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 University. See Policy 200.6, Delegation Authority to the President of the
University, adopted 11/13/06, amended 06/08/07.
[9]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
School of the Arts and for the 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.
[10]See
Footnote 8 on previous page.
[11] 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.
12 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 they hearing may take two or
more sessions.
12.1Because 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.
12.2 Faculty
at North Carolina School of Science and Mathematics shall be given notice no
later than February 15 of the reappointment year.
13Because
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.