Chapter 1 Faculty Personnel Policies

Recruitment and Hiring Policies

This Recruitment Policy should be reviewed carefully prior to the beginning of any faculty search or hiring process.

Once a vacant position occurs in an academic department, the Chair requests approval from the Dean who requests approval from the Provost to advertise the position. The Chair requests from the Dean’s office a hiring packet which contains the following items:

• Guidelines for Recruitment and Selection of New Faculty,
• Advertisement Requisition Input/Authorization Form,
• Sample of the position announcement,
• Affirmative Checklist EPA Personnel Actions,
• Copy of the UNC Pembroke Application for Academic Positions, and
• Faculty Appointment Recommendation Form.

All faculty positions should be advertised nationally, usually in the Chronicle of Higher Education and, if necessary, other discipline specific advertising media. The only exception occurs when time constraints (e.g., if classes are to begin shortly) prohibit a regular search. In that instance, regional advertising and calls to several universities about potential candidates are appropriate. When time does not permit a national search, a faculty member will be given a temporary contract for a semester with the approval of the Affirmative Action Officer and with the understanding that a national search will be launched at a later point. All advertisements should include the Affirmative Action/Equal Opportunity Employer designation. All advertisements should contain the statement, “Review of applications will begin [the appropriate date] and continue until the position is filled.” The Office of Academic Affairs processes the advertisement and sends it to purchasing once the Provost or the Dean has approved the form. In addition to formal advertisements, the Chair sends an announcement to a large number of institutions that prepare graduates in the appropriate discipline, including minority universities.

Once the department has reviewed the applications and selected those candidates they may wish to interview, the Office of Academic Affairs reviews all applications and makes a decision on the candidate’s interview. The institution covers all allowable expenses of the candidate’s visit; Chairs are requested to work with candidates in determining the best price for air travel. Candidates should be asked to sign travel request and reimbursement forms while they are on campus for the interview.

It is very important for the Chair and departmental search committee to make telephone calls to find out as much as possible about the candidate prior to inviting the candidate for an interview. In addition, substantive conversations with the candidate should occur for the purpose of assessing the candidate’s appropriateness for and seriousness about the position.

An itinerary should be designed for each candidate’s visit and shared with all who will be involved with the candidate during the visit including the Office for Academic Affairs. The itinerary should allow time for involvement with the Chair, all departmental faculty, students in an informal setting, and the Office for Academic Affairs. The Chancellor should be involved with candidates for Department Chair and for distinguished chairs. Thirty to 45 minutes should be designated for interviews with the Provost and the appropriate Dean.

The candidate is required to make a 30-50 minute presentation, preferably to a class, which is observed by the department chair and as many of the faculty as possible. The appropriate Dean will also attend the presentation if at all possible. Please inform the candidate about the specific nature and time of the presentation before the campus visit. The department is expected to make use of telephone interviews, conversations with the candidate, and the candidate’s oral presentation to ensure that the candidate is proficient in oral communication in the language in which assigned courses will be taught.

All candidates whose native language is not English must submit evidence that they have received a score of 550 or better on the TOEFL examination. The department should also use its review of written materials submitted by the candidate to ensure that the candidate is proficient in written communication in the language in which assigned courses will be taught.

It is the responsibility of the Department Chair to secure from the candidate all materials required for the personnel folder:

• Resume,
• UNC Pembroke application,
• Three letters of professional recommendation, and
• Official transcripts sent directly to the Department Chair or to the Dean of the relevant School or College from all post-secondary institutions the candidate has attended.

The completed personnel folder must be submitted to the Dean of the relevant School or College in order for a selected candidate’s contract to be written. All personnel material must be on file in the Office for Academic Affairs within 90 days of the contract date. If information is missing after 90 days, salary will be withheld.

Once the decision is made about the position offer and approved by the Dean of the relevant School or College, the Chair and the appropriate Dean will jointly decide on the appropriate salary figure. A letter describing the hiring process of the particular candidate and providing the appropriate available affirmative action information should be sent to the Affirmative Action Officer for approval. The Chair then makes the offer by telephone and determines with the prospective faculty member the appropriate date of response. A week for response is probably an ample amount of time.

If the response is positive, the contract is prepared by the Office of the Dean of the relevant School or College, signed by the Chancellor, and sent to the faculty member. If the response is not positive, the department continues to pursue other identified candidates. Once the contract has gone out, the Chair should complete all relevant forms from the hiring packet and forward them to the Office for Academic Affairs, including the Faculty Appointment Recommendation form. Please refer to the hiring packet (available from the Office or the Dean of the relevant School or College) for more specific details of the recruitment and selection process.

Personnel Records

Faculty members have the right to examine their personnel records, wherever they may be kept (Department office, Dean’s office, Office for Academic Affairs, Office of Human Resources). Access is to be arranged with the relevant administrator. It is the right of any employee of the University, to examine a digest of any evaluation taken on their behalf.

Statement on Potential Disclosure of Faculty Documents and Communications

The North Carolina Public Records Act, N.C.G.S. Sec. 132-1, et seq. (the “Act,”) provides, “The public records and public information compiled by agencies of the [North Carolina] Government … are the property of the people. It is the policy of this State that the people may obtain copies of their public records and public information … unless otherwise specifically provided by law.” This statute applies to UNCP and includes documents (whether email, voice mail, or paper documents, or in any other recorded format) made or received by faculty members within the scope of their duties. There are exceptions to this Act, but the Act is only one of the legal avenues that may be used to require disclosure of faculty documents and electronic communications. Other such legal avenues include, but are not limited to, search warrants that may be secured by law enforcement, subpoenas that may be issued by litigants’ counsel, the courts, or certain State and federal agencies, and other court orders.

UNCP is currently working on development of a computer and communication equipment use policy that addresses the extent, if any, to which University systems may be used incidentally by employees, including faculty, for private emails or voice mails. However, such a policy will primarily address the extent, if any, to which the University will recognize a student’s, faculty member’s or other employee’s expectation of privacy in such documents and communications when it is necessary to determine whether the University will, without an external legal mandate, access faculty documents, email, or voicemail. When adopted, that policy will not (and cannot) protect such documents, email and voicemail from disclosure pursuant to search warrants, subpoenas, other court orders, or any other legally enforceable discovery procedures, including the North Carolina Public Records Act if no exception to that Act applies.

Appointment to Faculty Rank

Faculty appointments are made by the Chancellor, with the approval of the Board of Trustees, on the recommendations of the Provost, the Dean of the relevant School or College, and the Chair of the academic department. Faculty rank for newly appointed faculty members is determined on the basis of qualifications.

Pursuant to Executive Memorandum #2, “Eligibility for Tenure Track Positions,” effective January 28, 2011, all tenure track positions require a doctorate in the discipline as defined by the disciplinary faculty and a national search. Requests for exceptions require a compelling rationale to justify the exception. Exceptions will be considered when cases can be made to show that trends within the national discipline allow for degrees other than the doctorate. Exceptions to this policy require the approval of the Dean, Provost, and Chancellor. The requirement of the doctorate does not apply to annual or multi-year term positions. However, individuals hired into term positions must have degrees that meet the minimum SACS requirements. Deans and Department Chairs, in consultation with departmental faculty, have the option to increase the requirement for any term position to require the doctorial degree.

Academic tenure pertains exclusively to the employment of faculty members who are appointed to specific faculty ranks (“fixed term appointment”). They may also be for probationary terms (“probationary term appointments”) or they may be continuous until retirement, death, or resignation (“appointment with permanent tenure”). The faculty ranks to which appointments may be made and the incidents of academic tenure applicable to each are described below.

Instructor

The rank of Instructor is appropriate for one who is appointed to the faculty in the expectation that in the normal course he/she will progress to professional rank in this or another institution but lacks, when appointed, one or more qualifications expected by the University for appointment to professorial rank. When he/she meets all those qualifications, the faculty member will usually be promoted to Assistant Professor or given a terminal appointment of one academic year.

The initial appointment to the rank of Instructor is for a probationary one-year term. The Instructor may be reappointed successively for six one-year terms, a total of seven such terms. At least 90 calendar days before the end of the first term and 180 calendar days before the end of the second consecutive term, the Instructor shall receive written notice whether, when his/her current term expires, he/she will be reappointed at the rank of Instructor for another term, promoted to the rank of Assistant Professor, appointed to a fixed term as provided in the section below on “Initiation, Review, and Approval of Appointments, Promotions, and Reappointments,” or not reappointed.

During the last 180 days of the second consecutive year of employment, the institution may notify the Instructor that his/her employment will be terminated at the end of the third year of employment. Before the end of the third consecutive term, an Instructor who has not been notified that his/her employment will be ended in that year as provided in the preceding sentence will receive a written decision whether, when his/her current term expires, he/she will be reappointed to a fourth consecutive term, promoted to the rank of Assistant Professor, appointed to a fixed term as provided in the section below on “Initiation, Review, and Approval of Appointments, Promotions, and Reappointments,” or offered a terminal appointment for one academic year at the end of the current term. Decisions will be made with respect to these same options before the end of the fourth, fifth, and six consecutive terms.

No reappointment to the rank of Instructor may be made after seven consecutive years of employment at that rank. The failure to give the required notice of a decision not to reappoint at any point herein required has the same effect as a decision at that time to offer a terminal appointment at the same rank for one academic year. The decisions herein required will be made as provided in the section below on “Initiation, Review, and Approval of Appointments, Promotions, and Reappointments.” Promotion at any time from the rank of Instructor to the rank of Assistant Professor constitutes an initial appointment to the first two-year term at the later rank under the terms and conditions described below in the section on “Assistant Professor.”

Assistant Professor

The initial appointment to the rank of Assistant Professor is for a probationary two-year term. Unless at any point the Assistant Professor is not reappointed, he/she will be reappointed one additional two-year term and one three-year term before a decision is made to recommend permanent tenure at the same or higher rank or not to reappoint.

At least 180 calendar days before the end of the first two-year appointment, the Assistant Professor will receive written notice whether, when his/her current term expires, he/she will be reappointed at the rank of assistant professor for an additional two-year term or not reappointed. Before the end of the first year of the second two-year term as Assistant Professor, the Assistant Professor will receive written notice whether, when his/her current term expires, he/she will be reappointed to a three-year term or not reappointed. Before the end of the second year of the three-year term as assistant professor, the Assistant Professor will receive written notice whether, when his/her current term expires, he/she will be reappointed with permanent tenure at the same or higher rank or not be reappointed.

The failure to give the required notice of a decision not to reappoint at any point herein required has the same effect as a decision at that time to offer a terminal appointment at the same rank for one academic year. The decisions herein required will be made as provided in the section below on “Initiation, Review, and Approval of Appointments, Promotions, and Reappointments.” Promotion at any time from the rank of Assistant Professor to the rank of Associate Professor constitutes an initial appointment to the first three-year term at the latter rank under the terms and conditions described below in the section on “Associate Professor.”

Associate Professor

When a faculty member’s initial appointment by the institution is to the rank of Associate Professor, the appointment is to a probationary term of one three years. Unless at any point the Associate Professor is not reappointed, he/she usually will be reappointed to one four-year term before a decision is made to recommend permanent tenure at the same or higher rank or not to reappoint. At least one year before the end of the three-year appointment, the Associate Professor will receive written notice whether, when
his/her current term expires, he/she will be reappointed at the rank of Associate Professor for a four-year term or not reappointed. Before the end of the third year of the four-year appointment, the Associate Professor will receive written notice whether, when his current term expires, he will be reappointed with permanent tenure at the same or higher rank or not reappointed.

The failure to offer the required notice of a decision not to reappoint at any point herein required has the same effect as a decision at that time to offer a terminal appointment at the same rank for one academic year. The decisions herein required will be made as provided in the section below on “Initiation, Review, and Approval of Appointments, Promotions, and Reappointments.” A promotion at any time from the rank of associate professor to the rank of professor confers permanent tenure from the effective date of the promotion. Since this promotion confers permanent tenure, it must be approved by the President and the Board of Trustees.

Professor

An initial appointment by the University to the rank of Professor is for a probationary term of thee years. Before the end of the second year of the three-year term, the Professor will receive written notice whether, when his current term expires, he/she will be reappointed at rank with permanent tenure or not reappointed. The failure to give the required notice of a decision not to reappoint at any point herein required has the same effect as a decision at that time to offer a terminal appointment for one academic year. The decisions herein required will be made as provided in the section below on “Initiation, Review, and Approval of Appointments, Promotions, and Reappointments.”

Initiation, Review, and Approval of Appointments, Promotions, and Reappointments

Each initial appointment to a fixed or probationary term, each promotion in rank, each reappointment to a fixed term, and each reappointment of an Instructor, Assistant Professor, Associate Professor, or Professor, whether or not the reappointment recommends the conferral of permanent tenure, is initiated by recommendation of the Provost and Vice Chancellor for Academic Affairs after consulting with the Chair of the Department concerned and the Committee on Promotion and Tenure. The recommendation of the Provost and Vice Chancellor for Academic Affairs will be sent to the Chancellor. If the Provost and Vice Chancellor decides the faculty member should not be reappointed, promoted, or recommended for permanent tenure, s/he shall give the faculty member being considered a simple, unelaborated written statement of that decision.

If the Chancellor decides not to recommend reappointment, promotion or permanent tenure, he shall give the faculty member being considered a simple, unelaborated written statement of the decision. This decision is final except as it may later be reviewed in accordance with the provisions of the section below on “Non-Reappointment of Tenure Track Faculty Members on Probationary Term Appointments.” If the Chancellor concurs in a recommendation that will confer permanent tenure, he shall forward the recommendation to the Board of Trustees for final approval. The Chancellor will forward all other favorable recommendations in regard to appointments, reappointments, and promotions to the Board of Trustees for final approval unless that Board delegates the authority to give final approval.

Terms and Conditions of Appointments

The terms and conditions of each initial appointment and of each reappointment to the faculty will be set out in writing. A copy of the terms, signed by the Chancellor, will be delivered to the faculty member, and the Chancellor will retain a copy. The general terms and conditions of such appointments, including those provided herein, will be either set out in the document of appointment or incorporated therein by clear reference to specified documents that shall be readily available to the faculty member.

Any special terms and conditions will be clearly stated in the written appointment. Except as herein provided, no special terms or conditions may be included that vary the general terms and conditions stated herein. The Provost and Vice Chancellor for Academic Affairs will be responsible for initiating the inclusion of special terms and conditions in documents of appointment.

Shared Faculty Appointments

This section pertains to faculty members whose appointments are shared between two or more academic departments. Faculty members with a shared appointment will have only one designated tenure-home department and college or school. The affected Department Chairs, Dean(s), and Provost should initially approve appointments. A written Letter of Agreement will be prepared confirming terms and conditions of the appointment and must be signed by the faculty member, Department Chairs, Dean(s), and Provost, and should contain: 1) designation of “home” and “secondary” departments for purposes of evaluation (see below); 2) duration of shared appointment; 3) distribution of teaching load and other duties between the departments and representation of total time as percentages (e.g., 60/40); and 4) specification of the shared faculty member’s voting rights and other departmental privileges. Any modifications to the Letter of Agreement must be negotiated and agreed upon by the faculty member, Chairs of the affected departments, Dean(s), and Provost.

Evaluation of shared faculty members will be consistent with current UNCP Faculty Handbook policies and criteria with the following exceptions: 1) Peer Evaluation Committees should contain representation from all affected departments; 2) the secondary Chair may provide a written report to the home Chair two weeks prior to the date of submission as mandated by the calendar of evaluation, which the home Chair may incorporate into his or her Chair’s Evaluation Report. Any grievance by the shared faculty member shall follow current UNCP policies.

Continued Availability of Special Funding

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. This contingency shall not be included in a faculty member’s contract in either of the following situations:

1. 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.
2. If the faculty member held permanent tenure in the institution on 1 July 1975 and his contract was not then contingent upon the continuing availability of sources other than continuing state budget or permanent trust funds.

Provisions for Less than Full-Time Employment

Special terms for less than full-time employment with commensurate compensation, or for relief from all employment obligations for a specific period, may be included in an appointment or reappointment to any faculty rank or may be added by a written memorandum of amendment during the term of an appointment. For compassionate reasons of health, or requirements of childbirth or child care, or similar compelling reasons, such terms may, with the concurrence of the faculty member, include extensions of the period of a current probationary term of appointment to coincide with the extent and duration of the relief from the full-time employment obligation. Such special terms must be expressly stated in initial appointment documents or, if added by memorandum of amendment, must be approved by signature of the Chancellor and the faculty member, with a copy to be retained by each. Except as may be otherwise expressly provided in the document of appointment, all appointments to any faculty rank are on the basis of a full-time employment obligation and confer the full incidents of academic tenure pertinent to the particular appointment. These provisions will not apply to informal temporary adjustment of the regularly assigned duties of faculty members by the Department Chair who is responsible for their direct supervision or to the University’s granting of extended leaves of absence with or without compensation.

Special Faculty Appointments (Non-Tenure-Track, Contingent)

Special faculty members are appointed to a specific category. Appointments may be made to fixed-term faculty ranks with title designations “lecturer,” “artist in residence,” “writer in residence,” and any faculty rank designation with the prefix-qualifier “adjunct,” “clinical,” or “research.” Appointments may be to full-time or part-time and paid or unpaid positions. The qualifications of persons hired for Lecturer, Senior Lecturer, Adjunct, and Visiting positions will depend on the needs and standards of the departments. The minimum qualification should be: a doctoral or master’s degree in the teaching discipline or a master’s degree with a concentration in the teaching discipline (a minimum of eighteen graduate hours in the teaching discipline). A faculty member hired as an exception to this requirement must have documented qualifications on file with Academic Affairs. Other desirable qualifications may include: experience in effective teaching within the discipline, enthusiasm for teaching, and a commitment to developing as an educational professional.

Lecturer, Senior Lecturer, Adjunct and Visiting positions are not intended to lead to tenure-track appointments. A faculty member who has extensive responsibilities for research or creative endeavors in addition to their teaching responsibilities should not be appointed to a Lecturer, Senior Lecturer, Adjunct, or Visiting position. Creation of a new Lecturer position is not intended to be a means of retaining a tenure probationary faculty appointee who has not been able to demonstrate the performance levels required for tenure. The letter of appointment specifies the terms and duration of service in accordance with the policies described in this section of the Handbook. Whether paid or unpaid, special faculty members are not covered by Section 604 of The Code of the Board of Governors of the University of North Carolina.

Full-Time Appointments: Lecturer, Senior Lecturer, Adjunct, and Visiting Faculty

Lecturers, Senior Lecturers, Adjunct, and Visiting faculty are responsible primarily for teaching and the scholarship of teaching. They are also expected to provide service that supports the academic mission of UNCP such as student advising.

As tenure-track faculty members do, Lecturers have organizational responsibility for the courses they teach. They also adhere to departmental guidelines for course content if any exist. They perform service for the department or school (including the Faculty Senate and its subcommittees), and can be assigned student advising responsibilities. Supervision and mentoring of lecturers will be done in the same manner as for tenure-track faculty. Lecturers are eligible for long-term contracts and to be promoted to Senior Lecturers. Initial appointment is for a fixed term of one year. Subsequent appointments may be made for fixed terms of from one to five years.

Promotion to Senior Lecturer is based on continued improvement in and demonstration of excellence in teaching with at least satisfactory performance in service activities. After serving as a Lecturer at UNCP for five years, a Lecturer may notify the Chair of his or her department in writing that he or she wishes to apply for promotion to Senior Lecturer; the notification must be made by August 1st of the year in which the evaluation will take place. The evaluation will follow the procedures used for promotion to professorial ranks, with the exception that the applicant’s professional academic activities may be evaluated in the place of scholarly achievement.

As tenure-track faculty members do, Senior Lecturers have organizational responsibility for the courses they teach. They also adhere to departmental guidelines for course content if any exist. Senior Lecturers may participate in course and curriculum development and advise students. Senior Lecturers may also contribute to the school or department beyond teaching-related activities through campus service (including the faculty senate and it s subcommittees) and academic discipline professional activities. Initial appointment as a Senior Lecturer is for a fixed term of one year. Subsequent appointments may be made for fixed terms of from one to five years.

Adjunct, Clinical, or Research prefixed to Assistant Professor, Associate Professor, or Professor: These non-tenure track appointments are usually made because of the limited duration of the mission for which the person is appointed, because of concern for the continued availability of special funding for the position, or for other valid institutional reasons. The department will determine teaching, service, and/or advising responsibilities at the time of employment offer. Responsibilities can include, but are not limited to, course assignments, service, and/or advising. Initial appointment may be for a fixed term of from one to three years. Subsequent appointments may be made for fixed terms of from one to five years.

Visiting prefixed to Assistant Professor, Associate Professor, or Professor: Persons other than regular members of the faculty may be appointed as visiting members of the faculty with rank designations, prefixed by the word “visiting,” appropriate to their status in their regular employment. This type of nontenure track appointment is for a term of not more than one year. The term of the appointment will be set forth in writing when the appointment is made, and the specification of the length of the appointment will be deemed to constitute full and timely notice of no reappointment when that term expires. One successive appointment for a term of not more than one year may be made. Appointments are made in accordance with the procedures for appointing an Instructor, except that The University of North Carolina at Pembroke has no obligation to give notice before a current term expires whether an appointment will be offered for a second term. During his term of appointment, a visiting faculty member may not be suspended or discharged except upon the grounds and by the procedures provided for all other faculty.

Initial appointments for Lecturers, Senior Lecturers, Adjunct, and Visiting faculty are for one academic year. Reappointments will depend on performance reviews and the educational needs of the department. After the initial appointment, multiyear contracts may be awarded to Lecturers, Senior Lecturers, and Adjunct faculty whose professional characteristics indicate that they will continue to serve with distinction in their appointed roles. No obligation exists on the part of The University of North Carolina at Pembroke to give any notice, other than statement of the length of appointment in the appointment contract, before a current terms expires as to whether appointment will be offered for a succeeding term. The Provost and Vice Chancellor for Academic Affairs, upon the faculty member’s written request made not earlier than 180 calendar days nor later than 90 calendar days before his current term expires, shall, as a matter of professional courtesy, within 20 calendar days after he receives the request gives the faculty member a written statement as to whether the University would like to negotiate a new appointment with the faculty member and, if so, the proposed terms. Failure to communicate a decision shall not affect or replace the notice of non-reappointment deemed to have been made with the original appointment contract and shall not constitute a new determination of non-reappointment or an offer.

Salaries for Lecturers, Senior Lecturers, Adjunct, and Visiting faculty should be appropriate to their education, experience, other qualifications, and responsibilities within their positions. Lecturers, Senior Lecturers, Adjunct, and Visiting faculty can participate in benefits as permissible under North Carolina statutes and University policies.

Lecturers, Senior Lecturers, Adjunct, and Visiting faculty must follow, are subject to, and protected by the policies of the UNC Board of Governors and UNCP policies, including those pertaining to faculty hiring and faculty annual reviews. During the term of their employment, Lecturers, Senior Lecturers, Adjunct and Visiting faculty have the right to seek recourse through UNC Pembroke grievance processes, for redress of grievances concerning discharge, academic freedom, salary adjustment, or other conditions of work. Lecturers, Senior Lecturers, Adjunct and Visiting faculty will follow the same campus procedures as tenure-track faculty members in doing so

New Lecturers, Senior Lecturers, Adjunct, and Visiting faculty should be oriented adequately to their responsibilities early in their first year in the position. New Lecturers, Senior Lecturers, Adjunct, and Visiting faculty are invited to attend the campus-wide “New Faculty Orientation” session held each year. Lecturers, Senior Lecturers, Adjunct and Visiting faculty report directly to the Chair of the department, who will direct mentoring and orientation activities in the department. Departments should put into place structures that provide Lecturers, Senior Lecturers Adjunct, and Visiting faculty with on-going exposure to content and pedagogical developments within their fields. Lecturers, Senior Lecturers, Adjunct, and Visiting faculty are encouraged to take advantage of the various professional development opportunities available at UNCP.

Promotion recognizes career/professional achievements and indicates confidence that the individual is capable of greater responsibilities and accomplishments. Promotion considerations for Lecturers, Senior Lecturers, Adjunct and Visiting faculty must take into account the individual’s service to the department and contributions to the University mission. Lecturers, Senior Lecturers, Adjunct and Visiting faculty will be reviewed annually following standard faculty review procedures. This evaluation will be based on teaching and service activities. See Section II, Chapter 2 of the Faculty Handbook on Faculty Evaluation Policy.

Specification of the length of the appointment in the letter of appointment constitutes full and timely notice that a new term will not be granted when that term expires. Lecturers, Senior Lecturers, Adjunct and Visiting faculty may be terminated, discharged, or suspended prior to expiration of their term of appointment according to the termination, discharge, and suspension procedures applicable to other nontenured and/or tenured faculty.

Appointment of Part-Time Faculty

The University of North Carolina at Pembroke monitors the utilization of part-time faculty to ensure that the number of full-time faculty is adequate to support the mission of the institution. The institution has adequate faculty resources to ensure the quality and integrity of its academic programs. (SACS Core Requirement 2.8). UNCP is committed to ensuring that the use of part-time faculty is appropriately limited. UNCP actively recruits and appoints qualified part-time faculty who can enrich and enhance the educational program by bringing to the classroom additional experience and areas of expertise.

It is the responsibility of the Department Chair to identify appropriate candidates for part-time faculty positions, ensure that their credentials are appropriate, arrange an interview with the appropriate Dean, make the recommendation for appointment to the Dean, provide an appropriate orientation session for the faculty member, and supervise and evaluate the faculty member. All part-time faculty must meet requirements for professional, experiential and scholarly preparation comparable to those of their fulltime counterparts who teach in the same discipline.

In rare instances a candidate may appear to have outstanding professional experience or special expertise that may be considered in lieu of formal academic preparation. If after consultation between the Chair, the appropriate Dean and the Office for Academic Affairs, the candidate is deemed to be an appropriate faculty member, the department chair must prepare the justification showing how the experience or special expertise supports the position. This justification must be filed with the Office for Academic Affairs at the time of the appointment.

All first-time part-time faculty must be scheduled for an interview with the appropriate Dean. Before that meeting, the chair should forward to the Office for Academic Affairs for review the application folder of the candidate. The Department Chair makes the appointment recommendation to the appropriate Dean. Final approval of the appointment of the candidate rests with the Office for Academic Affairs.

Each part-time faculty appointed must provide the following for the personnel folder: a completed UNCP faculty application, a current resume, three letters of professional recommendation, and official transcripts of all post-secondary study with transcripts sent directly to the Office for Academic Affairs. It is the responsibility of the Department Chair to collect these materials and provide them to the Office for Academic Affairs.

The Department Chair is responsible for conducting an orientation for the part-time faculty member, including an introduction to departmental colleagues and staff; information about relevant University policies and departmental policies such as grading procedures, attendance, etc.; curriculum information; secretarial services; learning resources, office space, etc.

The Department Chair should also make clear to the part-time faculty that students must have appropriate access to part-time faculty for conferences, questions, make-up work, etc. The part-time faculty member is expected to be available either one-half hour before or after each class and to let students know in what manner that access will be provided. Part-time faculty should be informed of meetings of their department, which they are welcome to attend as non-voting members-though there should be no requirement or expectation that they attend.

The Department Chair acts as supervisor of the part-time faculty member, providing information on all academic matters, clarification of policies and issues (such as attendance, mid-term grades, and assessment); and assistance with any problems related to curriculum and instruction. The Department Chair also evaluates each part-time faculty member annually and observes at least one class period of each new part-time faculty. Student evaluations are to be administered each semester for all part-time faculty.

With respect to their teaching responsibilities, duties of part-time faculty members are generally consistent with those of full-time faculty members. The following elements are expected. Others may be negotiated for the purposes of particular departments, programs, or courses.

• Prompt attendance at each class meeting and appropriate use of the entire class period. Should an emergency arise prohibiting the faculty member from attending a class, he/she must notify the department chair prior to the class meeting.
• Standards and expectations of students in keeping with the university setting.
• Timely and early assessment of students so that the mid-term grades, issued to all students at UNCP, are clearly related to performance. Attention to appropriate handling of midterm and final grades.
• Accessibility to students either before or after class on a regular and announced basis. The time of availability should total at least 30 minutes for each class period.
• Attention to development of student skills in computer literacy (where appropriate) and written and oral communication.
• Prompt and timely submission of all grades, reports, etc.

Decisions Not to Reappoint When Probationary Terms Expire

The decision not to reappoint when a probationary term appointment as Instructor, Assistant Professor, Associate Professor, or Professor expires will be made by the Provost and Vice Chancellor for Academic Affairs after consulting with the Dean of the school or college, the Chair of the department concerned, and the Committee on Promotion and Tenure. Each such decision shall be communicated for information to the Chancellor. The decision shall be final except as it may later be reviewed in accordance with the provisions of the section below on “Due Process before Discharge or the Imposition of Serious Sanctions for Tenure Track Faculty.”

Faculty Hearing Committee

The Faculty Hearing Committee considers requests for hearings concerning discharge or the imposition of serious sanctions, non-reappointment, or termination of employment.

The Committee on Committees and Elections conducts elections for members of the Faculty Hearing Committee (see By-laws Article V. Section 2 ). Those eligible to vote are members of the General Faculty are eligible to vote (see UNCP Faculty Constitution, Article I, Section 1 ).

The Faculty Hearing Committee shall be constituted as follows:

1. The Committee shall have seven (7) members, all of whom have permanent tenure or have held permanent tenure and are participating in phased retirement.
2. No Department Chair or Assistant Chair or other administrator may serve on this Committee. At most one faculty member from a given department may serve at one time.
3. Members shall serve two-year staggered terms and may not serve more than two consecutive terms.
4. Membership on the Faculty Hearing Committee precludes service at the same time on the Promotion and Tenure Committee as well as on the Faculty Grievance Committee.

General Committee Procedures

1. As soon as the election results have been reported to the Senate, the Chair of the Committee on Committees and Elections will call a meeting of the Faculty Hearing Committee for the purpose of electing a Chair of that Committee for the next academic year.
2. For a particular hearing, Committee members who hold an appointment in the faculty member’s department, who will testify as witnesses, or who have any other conflict of interest are disqualified. With the concurrence of the Executive Committee of the Senate, the Chair of the Faculty Senate will replace Committee members who are unable to serve on a case for any reason.
3. If the Chair of the Faculty Senate has any conflict of interest in the case or is absent, then the duties of the Senate Chair, relative to the case, will be assumed by the following in succession: Senate Chair Elect (if there is one), Chair of Faculty and Institutional Affairs Committee, Chair of Academic Affairs Committee.

A quorum for any meeting of the Committee is a simple majority of the total Committee membership. The Chair of the Hearing Committee will report to the Faculty Senate early in the fall semester on the number of cases heard during the previous academic year.

Due Process before Discharge or the Imposition of Serious Sanctions for Tenure Track Faculty

A faculty member who is the beneficiary of institutional guarantees of tenure will enjoy protection against unjust and arbitrary application of disciplinary penalties. During the period of such guarantees, the faculty member may be discharged or suspended from employment or diminished in rank only for reasons of incompetence, neglect of duty, or misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty. These penalties may be imposed only in accordance with procedures prescribed in this section. For purposes of these regulations, a faculty member serving a stated term will be regarded as having tenure until the end of that term. These procedures shall not apply to non-reappointment or termination of employment.

The Provost and Vice Chancellor for Academic Affairs will send the faculty member, by registered mail (return receipt requested), a written statement of intention to discharge him or her. The statement will include specification of the reasons for the intended discharge and notice of the faculty member’s right, upon request, to a hearing by the Faculty Hearing Committee.

If, within fourteen calendar days after the faculty member receives the notice referred to above, the faculty member makes no written request for a hearing, s/he may be discharged without recourse to any institutional grievance or appellate procedure.

The Chancellor will ensure that a process is in place for a timely hearing. If the faculty member makes a timely written request for a hearing, the Chancellor will insure that the hearing is accorded before the Hearing Committee. The hearing will be on the written specifications of the reasons for the intended discharge. The Hearing Committee will accord the faculty member thirty calendar days from the time it receives her or his 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 Committee will make every reasonable effort to complete the hearing within ninety calendar days of receiving the faculty member’s request for a hearing. (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).

The hearing will be closed to the public unless the faculty member and the Hearing Committee agree that it may be open. The faculty member will have the right to counsel, to present an argument, present the testimony of witnesses and other evidence, to confront and cross-examine adverse witnesses, and to examine all documents and other adverse demonstrative evidence. 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. The Provost, or the Provost’s delegate or counsel, may participate in the hearing to present evidence, cross-examine witnesses, and make argument.

In reaching decisions on which its written recommendations to the Chancellor will be based, the Hearing Committee will consider only the evidence presented at the hearing and such written and oral arguments as the Hearing Committee, in its discretion, may allow. The campus has the burden of proof; the basis for upholding the dismissal must be clear and convincing. The Hearing Committee will make its written recommendations to the Chancellor within fourteen calendar days after its hearing or receipt of the transcript.

If the Chancellor concurs in a recommendation of the Hearing Committee that is favorable to the faculty member, the Chancellor’s decision will be final. If the Chancellor either declines to accept a Hearing Committee recommendation that is favorable to the faculty member or concurs in a Hearing Committee recommendation that is unfavorable to the faculty member, the faculty member may 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 of Trustees. Notice of such appeal will be filed within fourteen calendar days after the faculty member receives the Chancellor’s decision. The Board of Trustees may delegate the duty of conducting a hearing to a standing or ad hoc committee of at least three members of the Board of Trustees. The Board of Trustees, or its committee, shall consider the appeal on the written transcripts of hearings held by the faculty Hearing Committee, but it may, in its discretion, hear such other evidence as it deems necessary. The full Board of Trustees will make a decision within forty-five days after the Chancellor has received the faculty member’s request for an appeal to the Board of Trustees. The Board of Trustees’ decision shall be final except that the faculty member may, within fourteen calendar days after receiving the Board of Trustees’ decision, file a written petition for review with the Board of Governors if s/he alleges that one or more specified provisions of The Code of the Board of Governors of the University of North Carolina have been violated. All such petitions to the Board of Governors will be delivered in a manner ensuring proof of delivery and are transmitted through
the President of The University of North Carolina.

When a faculty member has been notified of the institution’s intention to discharge her or him, the Chancellor may reassign the individual to other duties or suspend the faculty member at any time and continue the suspension until a final decision concerning discharge has been reached by the procedures prescribed herein. Suspension shall be exceptional and shall be with full pay.

Non-Reappointment of Tenure Track Faculty Members on Probationary Term Appointments Permissible and Impermissible Grounds for Non-reappointment

The decision whether to reappoint a faculty member when a probationary term of appointment expires may be based on any factor considered relevant to the total institutional interests, but it must consider the faculty member’s demonstrated professional competence, potential for future contributions, and institutional needs and resources. These considerations may form, in whole or in part, the basis of the ultimate decision, except that a decision not to reappoint may not be based upon (l) the faculty member’s exercise of rights guaranteed by either the First Amendment to the United States Constitution or Article I of the North Carolina Constitution; (2) the faculty member’s race, color, sex, sexual orientation¹, religion, creed, national origin, age, disability, or veteran status; or (3) personal malice.

Definition of “personal malice”: As used in The Code, the term “personal malice” means dislike, animosity, ill-will or hatred based on personal characteristics, traits or circumstances of an individual that are not relevant to valid University decision making. While the terms “ill-will,” “dislike,” “hatred” and “malevolence” may connote different degrees of antipathy, such distinctions make no difference in applying the fundamental rationale of the prohibitions. Any significant degree of negative feeling toward a candidate based on irrelevant personal factors, regardless of the intensity of that feeling, is an improper basis for making decisions.

¹Not currently governed by either North Carolina or Federal law

Conference with Provost and Vice Chancellor for Academic Affairs

Within five days after receiving a written notice of non-reappointment, a faculty member may request in writing a private conference with the Provost and Vice Chancellor for Academic Affairs² to discuss the reasons for non-reappointment. This request will be granted and the conference held forthwith, within five days after receipt of the request if possible. Within five days after the conference, the Vice Chancellor will give the faculty member a simple, unelaborated written statement whether the original decision remains in effect. The Chancellor is responsible for ensuring that a system is in place that provides a timely hearing.

²If the initial decision not to reappoint is made by the Chancellor or Board of Trustees, the faculty member who is not to be reappointed may seek review of that decision in accordance with the procedure set out in Section 501 C(4) of The Code of The University of North Carolina.

Request for Review by Hearing Committee

Within fourteen days after receiving the Provost and Vice Chancellor’s statement, the faculty member may request that the Hearing Committee review the decision. This review is limited solely to determining whether the decision not to reappoint was based on any of the grounds stated to be impermissible in the section above or whether the procedure followed to reach the decision materially deviated from prescribed procedures such that doubt is cast on the integrity of the decision not to reappoint. The request for review will be written and addressed to the Chair of the Hearing Committee with a copy to the Provost and Vice Chancellor for Academic Affairs. It will specify the grounds upon which the faculty member contends that the decision was impermissibly based and each manner in which the faculty member contends that the procedure to determine whether to reappoint deviated materially from prescribed procedures with a short, plain statement of the facts that he believes supports the contention. Such a request constitutes on the faculty member’s part:

1. A representation that s/he can support any presented contention by factual proof.
2. An agreement that the institution may offer in rebuttal of the contention any relevant data within its possession.

The Hearing Committee will consider the request. A denial of the request finally confirms the decision. The Hearing Committee will grant a hearing if it determines that:

1. The request contains a contention that the decision was
   1. impermissibly based under these policies and regulations or
   2. reached using a procedure that deviated materially from those prescribed, casting doubt on the integrity of the decision not to reappoint; and
2. The facts suggested, if established, will support the contention.

If the request is granted, a hearing shall be held within ten days after the request is received. The faculty member shall be given at least five days’ notice of the hearing.

Conduct of the Hearing

The hearing will be conducted informally. Only the members of the Hearing Committee, the faculty member, the Provost and Vice Chancellor for Academic Affairs, the Department Chair, and such witnesses as may be called may attend, except that the faculty member and the Provost and Vice Chancellor may be accompanied by a person of their choosing³, which person will not actively participate in the hearing. A quorum for the hearing is a simple majority of the total Committee membership. Committee members who hold an appointment in the faculty member’s department, who will testify as witnesses, or who have any other conflict of interest are disqualified. All testimony and other evidence received by the Hearing Committee must be preserved in a form that will permit its later review by the parties to the proceeding, the Chancellor, and if necessary, the Board of Governors. A professional court reporter or a similarly reliable means (such as a tape recording of good quality) should be used to enable the production of a verbatim written transcript of the hearing and properly to maintain a record of the documents received by the Hearing Committee. Any such record is a part of the personnel inquiry and must be treated with appropriate confidentiality. Only the immediate parties to the controversy, the responsible administrators and attorneys, and the members of the University governing boards, and their respective committees and staffs, are permitted access to such materials. Upon request, a copy of the transcript of the proceedings will be provided to the faculty member at the institution’s expense.

The Hearing Committee may consider only such evidence as is presented at the hearing and need consider only the evidence offered that it considers relevant, fair, and reliable. All witnesses may be questioned by the Committee members, the faculty member, the Provost and Vice Chancellor for Academic Affairs, or the Department Chair, or by the representatives of the faculty member or Provost and Vice Chancellor. Except as herein provided, the conduct of the hearing is under the Hearing Committee Chair’s control.

³The accompanying individual will not be an attorney unless both the Provost and faculty member agree to the inclusion of counsel.

Hearing Procedure

The hearing will begin with the faculty member’s presentation of contentions which shall be limited to those grounds specified in the request for a hearing and supported by such proof as the faculty member desires to offer. When the faculty member has concluded this presentation, the Hearing Committee shall recess to consider whether a prima facie case has been established. If the Committee determines that the contention has not been so established, it will so notify the parties to the hearing and thereupon terminate the proceedings. Such termination confirms the decision not to reappoint. If the Committee determines that rebuttal or explanation is desirable, it will so notify the parties and the hearing will proceed. The Provost and Vice Chancellor for Academic Affairs will then present in rebuttal of the faculty member’s contentions, or in general support of the decision not to reappoint, such testimony or documentary proofs as the Provost desires to offer, including his or her own testimony.

At the end of such presentation, the Hearing Committee will consider the matter in executive session. The burden is upon the aggrieved faculty member to satisfy the Hearing Committee by a preponderance of the evidence that the faculty member’s contentions are true.

Procedure after Hearing

If the Hearing Committee determines that the faculty member’s contentions have not been established by a preponderance of the evidence, it will, by a simple, unelaborated statement, so notify the faculty member, the Provost and Vice Chancellor for Academic Affairs, and the Department Chair. Such a determination confirms the decision not to reappoint. If the Hearing Committee determines that the faculty member’s contentions have been satisfactorily established, it will so notify her or him, the Provost and Vice Chancellor for Academic Affairs, and the Department Chair by a written notice that will also include a recommendation for corrective action by the Provost and Vice Chancellor for Academic Affairs.

Within five days after receiving such a recommendation, the Provost and Vice Chancellor for Academic Affairs will notify the faculty member and the Chair of the Hearing Committee what modification, if any, he will make with respect to the original decision not to reappoint.

If the Provost and Vice Chancellor for Academic Affairs fails to make a recommended modification in the original decision, the Hearing Committee Chair will submit a written report to the Chancellor containing the Committee’s findings and recommendation and what it considers to be appropriate action by the Chancellor to resolve the matter.

The Chancellor’s Decision

The Chancellor will base his or her decision on the recommendation of the Faculty Hearing Committee and the record from the Faculty Hearing Committee hearing. The Chancellor may, in his or her discretion, consult with the Faculty Hearing Committee, in person or in writing, before making a decision.

The Chancellor will notify the faculty member and relevant administrators of the Chancellor’s decision in writing and shall send the notice of decision to the faculty member by registered mail (return receipt requested). The Chancellor’s notice to the faculty member of the decision must inform the faculty member: (1) that the faculty member may appeal the Chancellor’s decision by filing a written notice of appeal with the Board of Governors by submitting such notice to the President of The University of North Carolina by certified mail, return receipt requested, or by another means that provides proof of delivery, within fourteen (14) days after the faculty member’s receipt of the Chancellor’s decision, (2) that a simple written notice of appeal with a brief statement of its basis is all that is required within the fourteen-day period and, (3) that, thereafter, a detailed schedule for the submission of relevant documents will be established if such notice of appeal is received in a timely manner.

Appeal to the Board of Governors

If the Board agrees to consider the appeal, it will do so on a schedule established by the President of the Board, subject to any instructions received from the committee or sub-committee of the Board that has jurisdiction of the subject matter of the appeal. If the faculty member fails to comply with the schedule, the Board may extend the period for complying with the schedule or it may dismiss the appeal. The Board of Governors will issue its decision as expeditiously as possible.

Any request for review of the decision by the Board of Governors is intended only to assure (1) that the campus-based process or decision was not materially flawed in a manner that raises questions about whether the faculty member’s contentions were fairly and reliably considered, (2) that the result reached by the Chancellor was not clearly erroneous, and (3) that the decision was not contrary to controlling law or policy. The Board of Governors will exercise jurisdiction under Section 604 D of The Code of the Board of Governors of the University of North Carolina in a manner that assures that primary focus will be on the integrity of campus procedures. Additional guidance regarding appeals to the Board of Governors of tenure, reappointment, and promotion decisions is found in Section 101.3.1 of the University of North Carolina Policy Manual.

The first step in any appeal to the Board of Governors will be an evaluation by the Board, through a designated subcommittee, of the faculty member’s written statement of grounds for appeal to determine whether the issues sought to be raised warrant Board attention, as judged by the three basic standards set out in the Administrative Manual. If not, the Board may dismiss the appeal without further proceedings.

If the faculty member has made allegations that are sufficient to invoke the jurisdiction of the Board of Governors, and if the Board of Governors finds material errors in the campus decision, the case may be remanded to the campus for a new or supplemental grievance inquiry. The remedy available on appeal is never an award by the Board of Governors of the conferral of tenure, reappointment or promotion, absent a positive recommendation from UNC Pembroke.

Termination of Faculty Employment

The employment of any faculty member may be terminated by The University of North Carolina at Pembroke because of (l) 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 institutional financial resources that is brought about by decline in institutional enrollment or by other action or events that compel a reduction of the institution’s current operating budget. The determination of whether a condition of financial exigency exists or whether there will be a major curtailment or elimination of a teaching, research, or public service program will be made by the Chancellor, after consulting with academic administrative officers and faculties as required by the section on “Consultation with Faculty and Administrative Officers” below. This determination is subject to concurrence by the President of The University of North Carolina and approval by the Board of Governors of The University of North Carolina. If the financial exigency or curtailment or elimination of a program is such that the institution’s contractual obligation to a faculty member cannot be met, the employment of the faculty member may be terminated in accordance with the section on “Termination Procedures” below.

Consultation with Faculty and Administrative Officers

When it appears that the institution will experience an institutional financial exigency or when it is considering a major curtailment in or elimination of a teaching, research, or public service program, the Chancellor will first seek the advice and recommendations of the academic administrative officers and faculties of the departments or other units that might be affected.

Termination Procedure

In determining which faculty member’s employment is to be terminated for the reasons set forth above, consideration will be given to tenure status, years of service to the institution, and other factors deemed relevant, but the primary consideration will be the maintenance of a sound and balanced educational program consistent with the functions and responsibilities of the institution.

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) of The Code of The Board of Governors of the University of North Carolina. 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 will be given timely notice as set forth in Section 605 B (1) of The Code of the Board of Governors of the University of North Carolina.

The Chancellor or his delegate will send the faculty member whose employment is to be terminated a written statement of this fact by registered mail (return receipt requested). This notice will include a statement of the conditions requiring termination of the faculty member’s employment; a general description of the procedures followed in making the decision; a disclosure of pertinent financial or other data upon which the decision was based; a statement of the faculty member’s right, upon written request, to a reconsideration of the decision by the Hearing Committee if the faculty member alleges that the decision to terminate him rather than another faculty member was arbitrary or capricious; and a copy of this procedure on termination of employment.

If, within ten days after the faculty member receives the notice required by the section above on “Termination Procedures,” he makes no written request for a reconsideration hearing, his employment will be terminated at the date specified in the notice given pursuant to section above on “Termination Procedures,” and without recourse to any institutional grievance or appellate procedure.

Reconsideration Hearing

Within ten days after receiving the notice required by section above on “Termination Procedures,” the faculty member may request by registered mail (return receipt requested) a reconsideration of the decision to terminate his employment if he alleges that the decision was arbitrary or capricious. The request shall be submitted to the Chancellor. It shall specify the grounds upon which the faculty member contends that the decision to terminate his employment was arbitrary or capricious and include a short, plain statement of facts that the faculty member believes supports the contention. Submission of such a request shall constitute on the faculty member’s part:

1. A representation that he can support his contention by factual proof.
2. An agreement that the institution may offer in rebuttal of his contention whatever relevant data it may have.

If the faculty member whose employment is to be terminated makes a timely written request for reconsideration of the decision, the Chancellor or his delegate shall insure that the hearing is accorded before the Faculty Hearing Committee. The Hearing Committee’s reconsideration shall be limited solely to a determination of the contentions made in the faculty member’s request for reconsideration hearing shall be held promptly, but the Hearing Committee shall accord the faculty member five days from the time it receives the request for a hearing to prepare for it.

The hearing will be conducted informally and will be closed to the public. The faculty member and the Chancellor will have the right to have legal counsel present but counsel may not actively participate in the hearing. The faculty member and the Chancellor will have the right to present the testimony of witnesses and other evidence, to confront and cross-examine adverse witnesses, and to examine all documents and other adverse demonstrative evidence. To the extent possible without violating the rights of any other employees to have UNCP maintain the confidentiality of certain of said employees’ personnel records, the faculty member and the Hearing Committee will be given access, upon request, to The University of North Carolina at Pembroke documents that were used in making the decision to terminate the faculty member after the decision was made that some faculty members’ employment must be terminated. At the faculty member’s request, a transcript of the proceedings shall be given the faculty member at the institution’s expense.

The Hearing Committee may consider only such evidence as is presented at the hearing and need consider only the evidence offered that it considers relevant, fair and reliable. Committee members may question all witnesses. The Hearing Committee may consider only whether the selection of the faculty member for termination, with regard to other faculty members, was arbitrary or capricious. Its jurisdiction does not extend to a reconsideration of whether a financial exigency exists or a teaching, research, or public service program should be curtailed or eliminated. Except as herein provided, the conduct of the hearing is under the control of the Hearing Committee chair.

A quorum for purposes of the hearing is a simple majority of the total membership of the Hearing Committee. No one shall serve on the Hearing Committee who holds an appointment in the faculty member’s department, who participated directly in the decision to terminate him, or who has any other substantial conflict of interest.

The hearing will begin with the faculty member’s presentation of contentions, limited to those grounds specified in the request for a hearing and supported by such proof as he desires to offer. The Chancellor or his representative may then present in rebuttal of the faculty member’s contentions, or in general support of the decision to terminate the faculty member’s employment, such testimonial or documentary proofs as he desires to offer, including his own testimony.

After opportunity for cross-examination by both parties, the Hearing Committee shall consider the matter in executive session and shall make its written recommendations to the Chancellor within ten days after the hearing concludes.

Procedure after Hearing

If the Hearing Committee determines that the contentions of the faculty member have not been established, it shall, by a simple, unelaborated statement, so notify the faculty member and the Chancellor. The faculty member may then appeal the decision to terminate his employment to the UNCP Board of Trustees pursuant to Section 605 of The Code of the Board of Governors of the University of North Carolina.

If the Hearing Committee determines that the faculty member’s contentions have been satisfactorily established, it shall notify the faculty member and the Chancellor by written notices.

Within ten days after receiving the written notice that concludes that the faculty member’s contentions have been satisfactorily established, the Chancellor shall send written notice to the faculty member and the chair of the Hearing Committee what modifications, if any, the Chancellor will make with respect to the original decision to terminate the faculty member’s employment. If the Chancellor fails to reverse the original decision, the faculty member may appeal the termination to the UNCP Board of Trustees in the manner provided by Section 605 of The Code of the Board of Governors of the University of North Carolina. If the Chancellor concurs in the conclusion of the Hearing Committee that is favorable to the faculty member, the Chancellor’s decision is final.

Time Limits on Appeals

A grievant dissatisfied with the Chancellor’s disposition of his grievance must file written notice of appeal with the UNCP Board of Trustees, by submitting such notice to the Chancellor, within 10 days after the grievant’s receipt of the Chancellor’s decision by registered mail (return receipt requested). If the Board of Trustees agrees to consider the appeal, it will do so on a schedule established by the Chancellor, subject to any instructions received from the committee of the Board of Trustees that has jurisdiction of the subject matter of the grievance. The Board of Trustees will issue its decision within 90 days after receipt of the notice of appeal; provided, that if the grievant fails to comply with the schedule established for perfecting and processing the appeal and thereby precludes a decision within 90 days, the Board of Trustees in its discretion may extend the period for decision or it may dismiss the appeal. (In each instance used, the term “days” shall mean consecutive calendar days.).

Institutional Assistance to Employees Who Are Terminated

The institution, when requested in writing by an employee whose employment has been terminated, will give him reasonable assistance in finding other employment. For two years after the effective termination date of a faculty member’s contract for any of the reasons specified above, the institution will not replace the faculty member without first offering the position to the person whose employment was terminated. The offer will be made by registered mail (return receipt requested) to the last address given by the faculty member. The faculty member will be given thirty calendar days after the notice is received to accept or reject the offer.

Effective Date of Policies on Appointment to Faculty Ranks, Non-Reappointment, and Retirement

These policies and regulations supersede all other institutional documents governing the matters covered herein and they shall become operative (with respect to all existing as well as future faculty appointments) on the effective date, which shall be the date 28 calendar days after the day on which these policies and regulations have been approved by the President and the Board of Governors of The University of North Carolina.

Faculty members who, upon the effective date, have been serving at the rank of Instructor for seven or more years, shall be appointed on July 1, 1976, to a fixed term rank as authorized in the section on “Appointment to Faculty Rank,” promoted to the two-year term as Assistant Professor, recommended for permanent tenure at the rank of Assistant Professor, or offered a terminal appointment of one academic year. This decision shall be made in accordance with the procedure described in the section on “Initiation, Review, and Approval of Appointments, Promotions, and Re-Appointments.”

Faculty members without permanent tenure who, upon the effective date, have been serving at the rank of Assistant Professor for fewer than two years shall be appointed on July 1, 1976, to the second two-year term as Assistant Professor unless they are not reappointed in accordance with the section on “Appointment to Faculty Rank.” Faculty members without permanent tenure who, upon the effective date, have been serving at the rank of assistant professor for two or more years shall be appointed on July 1, 1976, to the third two-year term as assistant professor, recommended for permanent tenure at the rank of assistant professor, promoted to associate professor with or without a recommendation for permanent tenure, or offered a terminal appointment of one academic year. This decision shall be made in accordance with the procedure described in the section on “Initiation, Review, and Approval of Appointments, Promotions, and Re-Appointments.”

Faculty members without permanent tenure who, upon the effective date, have been serving at the rank of associate professor for fewer than two years shall be appointed on July 1, 1976, to the first three-year term as associate professor unless they are not reappointed in accordance with the section on “Appointment to Faculty Rank.” Faculty members without permanent tenure who, upon the effective date, have been serving at the rank of associate professor for two or more years shall be appointed on July 1, 1976, to the second three-year term as associate professor, recommended for permanent tenure at the rank of associate professor, promoted to professor, or offered a terminal appointment of one academic year. This decision shall be made in accordance with the procedure described in the section on “Initiation, Review, and Approval of Appointments, Promotions, and Re-Appointments.”

Faculty members who, upon the effective date, have been serving at the rank of professor without permanent tenure shall be appointed on July 1, 1976, to the three-year term as professor, recommended for permanent tenure, or offered a terminal appointment of one academic year. This decision shall be made in accordance with the procedure described in the section on “Initiation, Review, and Approval of Appointments, Promotions, and Re-Appointments.”

The provisions of the section on “Non-Reappointment of Tenure Track Faculty on Probationary Term Appointments” shall apply, not only with respect to those to whom notices of non-reappointment are given after the effective date, but also with respect to those to whom such notices have been given within the period of 60 calendar days next preceding the effective date. Instructors, Assistant Professors, Associate Professors, and Professors to whom notices of non-reappointment have been given within the period of 60 calendar days next preceding the effective date shall have 20 calendar days after the effective date within which to initiate the procedures for review provided in the section on “Non-Reappointment of Tenure Track Faculty on Probationary Term Appointments.”

The provisions of the section on “Retirement of Faculty” shall apply with respect to all those who, upon the effective date, have attained normal retirement age and are in continued terms of employment, as well as to those who attain normal retirement age after the effective date.

Revision of the section on “Termination of Faculty Employment” shall be effective on July 1, 1982, upon approval of the President of The University of North Carolina acting on behalf of the Board of Governors as provided in a resolution of the Board of Governors adopted March 12, 1982.

The regulations cited above were approved by the Board of Governors of The University of North Carolina and became effective on February 13, 1976.

Leaves of Absence and Other Adjustments of Employment Obligations Serious Illness and Disability Leave Policy

There may be times when a faculty member finds it necessary to be absent full-time or part-time for an extended period. In such cases, leave with pay will be considered (for up to one semester) subject to certain conditions and procedures, including the completion of a Serious Illness and Disability Leave for Faculty Form, which available at the website for the Office of Human Resources. More information on eligibility, procedure for filing a leave of absence, and considerations for a leave of absence for serious illness or disability is available at the University Policies and Regulations website at http://www.uncp.edu/policies/categories/personnel/leave.htm

Leaves of Absence

Leaves of absence for one or more semesters without salary may be arranged with a faculty member for the purpose of advanced study, research, or public service without prejudice to future promotions in rank provided the period of absence is reasonable and does not work undue hardship upon the University.

Leaves of absence without compensation normally should not exceed two academic years. For faculty members who do not have tenure, a period of leave will not count as a part of the probationary period. Thus the tenure decision will be postponed for a period equal to the length of the leave. The final responsibility for recommending to the Board of Trustees those to be granted leaves will rest with the Chancellor.

If the leave is for an International Fellowship, the following additional stipulations apply: (1) the faculty member must have been at UNCP for at least three academic years prior to its commencement, (2) faculty member must be tenured or on a successful tenure track, (3) the leave must be approved by the Department Chair, Dean, and Provost, and (4) UNCP will not be responsible for any travel-related expenses.

Educational Leave

Faculty members approved for educational leave may petition for their retirement and hospitalization insurance to be continued while on leave. This continuation requires approval by the Teachers’ and State Employees’ Retirement System and The University of North Carolina at Pembroke. If you so desire, notify the University Human Resources Office in writing after your leave has been approved.

Military Service Leave

The University of North Carolina System has developed policies covering the rights of employees who are on military duty. Those policies are consistent with the Uniformed Services Employment and Reemployment Rights Act of 1994. In general, employees who have been on military duty are entitled to reemployment at the termination of such service, provided the employee reports or applies for reemployment within certain time limits specified by policy, based on length of service. In addition, such employees are entitled to certain other benefits specified in the policy, including retirement plan participation, vacation and sick leave (if eligible), coverage under the State health plan, and others. The details of the provisions of these policies are too extensive to list here, but are available in the UNCP Human Resources Office. Any faculty member who may be engaged in military service should check with the Human Resources Office to get the details of these arrangements. See also the UNC policy at http://www.northcarolina.edu/policy/index.php

Vacation Leave

Faculty members are not granted vacation leave at any time within a scholastic session during which their teaching schedule or other duties incident to their employment may require their services. Holidays and vacation periods normally take care of such leave. Twelve-month employees are entitled to vacation leave as provided under the laws of the State.

Absences from Class

Faculty members who, because of sudden illness or other emergency, cannot meet a scheduled class or laboratory period must notify the Chair of the Department prior to the beginning of the class. The Chair should then arrange for satisfactory coverage of the class. A “Class Irregularity Report” must be filed with the Department Chair within 48 hours of missed class. www.uncp.edu/aa/resources/forms/index.htm All teaching faculty who attend professional meetings must make satisfactory provisions for their classes through the department chair. Provisions for covering a class should include a meaningful class experience, preferably one conducted by a departmental colleague. The “Professor Class Absence Report” form is found at www.uncp.edu/aa/resources/forms/index.htm

Retirement

Each member of the faculty may retire in accordance with the provisions of Chapter 135 of the North Carolina General Statutes (“Retirement System of Teachers and State Employees”).

The University of North Carolina provides a phased retirement program, under which faculty who qualify may elect to retire and continue to maintain faculty responsibilities on a half-time schedule. Details are negotiated on an individual basis. Information on the Phased Retirement Program is available at http://www.uncp.edu/aa/policies/phased_retirement.pdf.

The following recommendations honor retiring faculty with or without emeritus designation:

1. The Chancellor will present the current issue of the Yearbook to each retiring faculty member at the end of each academic year.
2. Each retired faculty member will continue to have access to the Bookstore, Library, and Gymnasium during free access periods. Retired faculty may retain a computer account upon notification to the Division of Information Technology office.
3. These recommendations are retroactive where appropriate.
4. All faculty who have retired from UNCP are eligible to receive a free parking permit for any faculty area on campus. “Retired faculty” is interpreted to mean any faculty member who has held faculty rank and who has retired from UNCP. The permit is non-transferable between individuals, but may be transferred from one vehicle to another owned by the same faculty member. Each permit will be numbered and will show no expiration date.
5. All retirees from the University who have held academic rank (included those who have moved to phased retirement) are considered de facto members of the Retired Faculty Club. The category of Associate Member comprises those faculty not yet retired who have served at least 25 years at UNC Pembroke as well as those retirees not current on their $20.00 annual dues. Associate Members and their guests are invited to attend the annual dinner sponsored by the Chancellor in honor of retired faculty but are not eligible to hold office in the Club. The Retired Faculty Club is especially interested in assisting UNCP students who wish to study abroad.

Resignations of Faculty Members

After a contract has been signed for the incoming academic year, the contract should be broken only by mutual consent of the professor and the University. It is the policy of the Board of Trustees that any member of the faculty holding a full professorship or an associate professorship should also give the administration at least 90 days’ notice prior to the beginning of the academic year. A faculty member shall give prompt written notice of his/her resignation with its effective date to the Chancellor and to the Provost and Vice Chancellor for Academic Affairs. When possible, the faculty member should give at least 90 days’ notice of his resignation.

Faculty Grievance Procedure

The faculty grievance procedure defines the framework for the consideration and satisfactory resolution of grievances within the University brought by faculty members who seek redress concerning employment related matters. The function of the grievance procedure is to attempt to reach a consensual resolution of the dispute and, if that fails, to determine whether the contested decision was materially flawed in violation of applicable policies, standards, or procedures. The grievance process is not intended to second-guess the professional judgment of officers and colleagues responsible for making administrative decisions.

The University of North Carolina at Pembroke has implemented a two-tier grievance process. The first step is participation in mediation if both parties consent to mediate the matter. If an agreement is not reached during mediation or the parties choose not to mediate the matter, the grievance will be forwarded to the Faculty Grievance Committee for consideration by its established process and procedure.

Faculty Grievance Committee

Any faculty member with a cause for grievance in any matter related to a faculty member’s employment status and institutional relationships within UNCP [other than suspension, discharge, no-reappointment (including denial of permanent tenure) or termination which are under the jurisdiction of the Faculty Hearing Committee] may submit a petition for redress to the Faculty Grievance Committee. The Faculty Grievance Committee is authorized to hear and advise with respect to the adjustment of grievances of members of the faculty. The power of the Committee is solely to hear representations by the persons involved in the grievance, to facilitate voluntary adjustments by the parties, and when appropriate, to make recommendations concerning adjustments.

The Committee on Committees and Elections of the Faculty Senate conducts an at-large election for members of the Faculty Grievance Committee after the completion of the Faculty Hearing Committee election. (See By-laws Article V. Section 2 ). Those eligible to vote are members of the General Faculty. (See UNCP Faculty Constitution, Article I, Section 1 ). Faculty will have as many votes as there will be vacancies on the Committee at the start of the next academic year. The Faculty Grievance Committee will be constituted as follows:

• There will be five (5) committee members.
• Members will serve staggered two-year terms and may not serve more than two consecutive terms.
• The Committee will have representatives of each professorial rank [Assistant Professor, Associate Professor, and Professor].
• Every effort will be made by the Committee on Committees and Elections to ensure an appropriate diversity of gender, race, and division/departmental balance
• Members will be selected from candidates chosen on at least 20% of the ballots cast.

The following restrictions will apply to committee membership:

• No Department Chair or Assistant Chair or other administrator shall serve on the Committee.
• No more than one member from any department may serve on the Committee at one time.
• A member of the Committee shall not serve concurrently on the Committee on Promotion and Tenure or the Faculty Hearing Committee.

The following procedures will be observed:

• As soon as the election results have been reported to the Senate, the Chair of the Committee on Committees and Elections will call a meeting of the Faculty Grievance Committee for the purpose of electing a Chair of that Committee for the next Academic Year.
• For a particular hearing, Committee members who hold an appointment in the faculty member’s department, who will testify as witnesses, or who have any other conflict of interest are disqualified. With the concurrence of the Executive Committee of the Senate, the Chair of the Faculty Senate will replace Committee members who are unable to serve on a case for any reason.
• If the Chair of the Faculty Senate has any conflict of interest in the case or is absent, then the duties of the Senate Chair, relative to the case, will be assumed by the following in succession: Senate Chair-Elect (if there is one), Chair of Faculty and Institutional Affairs Committee, Chair of Academic Affairs Committee.
• A quorum for any meeting of the Committee is a simple majority of the total Committee membership.
• The Chair of the Grievance Committee will report to the Faculty Senate early in the fall semester on the number of cases heard during the previous academic year.

Initiating Actions under the Faculty Grievance Procedure

A petition for redress of grievance should be submitted to the Chair of the Faculty Grievance Committee with a copy to the respondent (the person against whom the grievance is filed). The petition should be submitted promptly after the occurrence of the problem causing the grievance. The Committee reserves the right to delay action on the petition until the next semester if there is insufficient time for a complete review. If the problem occurs during the summer session, the petition should be submitted at the beginning of the fall semester.

The petition will set forth in objective terms: l) the nature of the grievance and against whom the grievance is directed; 2) the issues or grounds upon which the grievance is based and which the faculty member feels need resolution; and 3) any other information that the petitioner considers pertinent to this case. The Committee will decide whether the facts merit a detailed investigation or detailed consideration of the petition. The burden of proof rests upon the faculty member to establish the validity of the contention by a preponderance of the evidence.

Procedure for Review

When a petition is submitted, the Chair may designate a trained mediator who will attempt to settle the grievance if the dispute appears to be amenable to such an approach and if the parties to the dispute express their willingness to cooperate with such an effort. Neither party is obliged to engage in mediation; it is a consensual undertaking.

Mediation of Grievance

Mediation is a procedure in which disputing parties enlist the assistance of a neutral party to help them in achieving a voluntary, bilateral agreement that finally and definitively resolves all or portions of their dispute without resorting to adversarial procedures such as grievance hearings, administrative hearings or litigation. Any such mediated agreement that the parties are able to negotiate will be embodied in a written agreement.

The appropriate functions of a mediator are to assist the parties in defining, clarifying, communicating about, and ascertaining the substantiality and relevance of the issues that appear to divide the parties and to aid the parties in generating, considering, and communicating with each other about possible bases for resolving the dispute. UNC Pembroke requires that mediation is a prerequisite to access to any formal faculty grievance process only if both parties consent to mediation. This does not require that parties reach a mediated agreement. The mediator can assess (evaluate) the value of continuing the mediation process (in terms of the likelihood of reaching a settlement in a reasonable period of time) and can terminate the process if he/she determines that the parties are not amenable to a settlement. Upon such a termination of the process by the mediator, the formal grievance committee review process will begin.

Mediators may be trained members of the faculty or staff, outside mediators from the community, or mediators from other campuses within the University. UNCP will provide a list of trained/certified mediators to involved parties. Mediators may not be members of the Faculty Grievance Committee. The mediator selected must be agreed upon by written consent of both parties prior to mediation session(s). In all cases, the selected mediator must have successfully completed formal mediation training substantially equivalent to that required for certification by the North Carolina Administrative Office of the Courts or to have been formally trained in mediation specifically designed for use in a university setting.

Attorneys may be present at any or all mediation sessions. However, attorney involvement is limited to discussions with his/her client and attorneys are prohibited from participating directly in the mediation dialogue. Should mediation fail, parties involved will not be held accountable for the failure of the process to reach an agreement, nor will any party be required to pursue mediation off-campus. The mediator will not produce a record of a failed mediation process other than an unelaborated written statement (i.e., that the mediation was attempted, but settlement was not reached) to the Chair of the Faculty Grievance Committee who will then initiate the formal grievance process.

The mediator is prohibited from being called as a witness in any subsequent (formal or informal) proceedings. Nothing done or said by either party during a mediation process will be referred to or used against a party in any subsequent proceeding.

A successful outcome to a mediation will result in a document signed by all parties involved, the mediator, the Chair of the Faculty Grievance Committee, and the Office for Academic Affairs. If the settlement requires action by any administrative division of UNCP other than the Office for Academic Affairs, the Chancellor or Vice Chancellor of such other division(s) must also sign the settlement agreement for it to be effective. The document must include specific remedies agreed upon, time for remedies to be implemented/available, etc. The mediator is responsible for ensuring this document is complete and delivered to all parties within 10 working days of the last mediation session. Records of mediations are to be kept on file in the Office for Academic Affairs for a minimum of five years.

Formal Grievance Procedure

If, within eleven working days of the petition being filed, all parties involved have not commenced mediation or if the mediator reports that mediation has been attempted and failed, the Faculty Grievance Committee will convene for initial review of the content of the petition. The Faculty Grievance Committee will then initiate consideration of the merits of the grievance petition within six working days in the manner described below.

The Committee will hold preliminary discussions with each party to the grievance in private for the purpose of determining the exact nature of and basis for the grievance. In order to prevail in the grievance process, a faculty member must establish that the faculty member experienced a remediable injury attributable to the alleged violation of a right or privilege based on federal or state law, university policies or regulations, or commonly shared understandings within the academic community about the rights, privileges and responsibilities attending university employment.

If, following these discussions and an examination of any written materials each party may wish to present, at least two members of the Committee believe that, assuming the truth of the information asserted in the petition, a valid grievance within the Committee’s jurisdiction has been presented and justifies a hearing, a formal hearing will be convened. A petition properly is dismissed if the grievant fails to allege any injury that would entitle the faculty member to relief in accordance with stated standards. Dismissal is also required if the petition addresses a problem that is not within the Committee’s jurisdiction. If no formal hearing is deemed appropriate, the Committee shall dismiss the grievance and no formal hearing shall be conducted and the Committee shall communicate that determination to all parties to the grievance. Any determination of that nature shall be set forth in writing and shall affirm the specific bases for the decision.

If a formal hearing is deemed appropriate, the Committee shall so inform all parties and give them twenty working days to prepare material and testimony. Any witnesses shall be identified to the Committee at least five working days prior to the initiation of the hearing.

The Chair of the Grievance Committee will conduct the hearing with the Committee members and all parties to the grievance present. The hearing will be conducted in private, and witnesses shall not be present other than for purpose of giving testimony. The faculty member is to present evidence in support of the faculty member’s contentions and the person charged with wrongdoing is to be given an opportunity to respond

The Committee is to maintain a complete record of all testimony and other evidence received so that a verbatim transcript of the testimony and other evidence may be created (a good quality tape recording of the proceeding is an acceptable method of keeping a record of testimony along with maintenance of all documents and other tangible evidence presented). An official taped record of the hearing shall be maintained by an appointed member of the Committee and shall be available to the parties, administrators, committees and their respective staffs that are involved. The record is otherwise to be considered confidential and shall be kept in a manner consistent with appropriate privacy acts. . Only the evidence so compiled is to form the basis for committee conclusions about the case and any resulting advice to the responsible administrator and the Chancellor. The burden is on the grievant to establish by a preponderance of the evidence that the faculty member has experienced an injury that would entitle the faculty member to relief in accordance with the standard set out in paragraph herein above.

Once the hearing is concluded, the Committee has a period of eleven working days to deliberate and formulate its recommendations.

Procedure after the Hearing

If the Committee determines that the faculty member’s contention has not been established by a preponderance of the evidence, it shall, by a simple, unelaborated statement, so notify all parties to the grievance.

If the Committee determines that the faculty member’s contention has been established, it shall so notify in writing all parties to the grievance and the department chair, dean or other administrative official most directly empowered to take corrective action. The written notice shall also include a recommendation for adjustment in favor of the aggrieved faculty member. Within six working days after receiving such a recommendation, the department chair, dean or administrative official (normally the Provost and Vice Chancellor for Academic Affairs) shall notify the faculty member and the Chair of the Grievance Committee as to what action will be taken with respect to the Committee’s recommendation and by what date such action will be initiated.

If the Department Chair, Dean, or the Provost and Vice Chancellor for Academic Affairs fail to make such notification or if they fail to act upon the Committee’s recommendations within a reasonable time, a written report containing the Committee’s findings and recommendations will be submitted to the Chancellor. The grievant shall also have the right to appeal the Committee’s decision by notifying the Chancellor in writing within ten calendar days after receipt of the Committee’s decision. The Chancellor shall base his or her decision on the recommendation of the Faculty Grievance Committee and the record from the Faculty Grievance Committee hearing. The Chancellor may, in his or her discretion, consult with the Faculty Grievance Committee before making a decision. The Chancellor will issue a decision within six working days of receipt of the Committee’s report or written notice of appeal by the grievant. The Chancellor’s decision on the grievance will be mailed to the grievant by registered mail, return receipt requested. The Chancellor shall notify the member and the respondent administrator in writing of the Chancellor’s decision. The notification shall include a notice of appeal rights, if any, and if the decision can be appealed, it shall contain the information specified below.

A grievant dissatisfied with the Chancellor’s disposition of his or her grievance may appeal to the UNCP Board of Trustees under the provisions of Section 607 of The Code of the Board of Governors of the University of North Carolina depending on the subject matter of the grievance.

Appeal to the Board of Trustees

The following decisions may be appealed: If the Faculty Grievance Committee did not advise that an adjustment in favor of the grievant was appropriate, then the decision of the Chancellor is final and may not be appealed. 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 University of North Carolina at Pembroke. The decision of the UNCP Board of Trustees is final.

The Board of Trustees may delegate to a designated committee the authority to make procedural decisions and to make final decisions on behalf of the board concerning appeals of faculty grievances submitted pursuant to section 607 of The Code of the Board of Governors of the University of North Carolina, Timeline for Appeals.

Timeline for Appeals

A grievant who seeks to appeal the Chancellor’s disposition of his grievance must file written notice of appeal with the UNCP Board of Trustees (the “Board”), by submitting such notice to the Chancellor, with adequate evidence of delivery, within 10 working days after the grievant’s receipt of the Chancellor’s decision. The notice will contain a brief statement of the basis for the appeal. If the Board agrees to consider the appeal, it will do so on a schedule established by the Chancellor, subject to any instructions received from the Board or from a committee of the Board that has jurisdiction over the subject matter of the grievance. The Board will issue its decision as expeditiously as is practical. The Board shall dismiss any request for an appeal of any decision by the Chancellor that was final pursuant to this policy. If the grievant fails to comply with the schedule established for perfecting and processing the appeal, the Board in its discretion may extend the time for compliance or it may dismiss the appeal.

If the Chancellor’s decision may be appealed, the Chancellor’s notice of the disposition of a grievant’s case must inform the grievant: (1) of the time limit within which the grievant may file a petition for review by the Board of Trustees, (2) that a written notice of appeal containing a brief statement of the basis for appeal is required with the ten-day period and, (3) that, after notice of appeal is received in a timely manner, a detailed schedule for the submission of relevant documents will be established. All such notices of decision are to be conveyed to the grievant by a method that produces adequate evidence of delivery.

Standard of Review: In order to prevail before the Board of Trustees, the faculty member must demonstrate that the Chancellor’s decision was clearly erroneous, that it violated applicable federal or state law or university policies or regulations, or that the process used in deciding the grievance was materially flawed

Graduate Faculty Status

Faculty assigned responsibilities in the graduate programs hold appointments, as described in the Faculty Handbook, in one of the academic departments of the University. Individual departments, in conjunction with the Office of Academic Affairs, are responsible for the selection and nomination of the faculty. Evaluation of all faculty follows the model detailed in the Faculty Handbook. Graduate faculty are evaluated as members of the departments in which they hold appointments.

To be considered for graduate faculty status, a Nomination for Graduate Faculty Status Form must be submitted to the School of Graduate Studies prior to the start of the semester in which the faculty member anticipates teaching a graduate course and/or serving as a thesis advisor or member of a thesis committee. (Forms are available from the Graduate Office.) The Graduate Council will consider the nomination at its next regularly scheduled meeting.

There are four categories of graduate faculty status, three of which may be granted by the Graduate Council: Graduate Faculty, Adjunct Graduate Faculty, and Professional Affiliate. Interim appointments require the approval of the Program Area Coordinator and the Dean of the School of Graduate Studies, and the Provost. The eligibility requirements for each category follow.

Graduate Faculty status is approved for tenured/tenure track members of The University of North Carolina at Pembroke faculty who meet the criteria listed below. Graduate faculty may teach graduate courses and chair thesis committees. Appointments are subject to review every five years.

Adjunct Graduate Faculty status is approved for non-tenure track faculty who meet the criteria listed below, and who may be utilized to teach specific graduate courses (related to their area of expertise) on a recurring basis. Adjunct graduate faculty may not chair thesis committees. Appointments are subject to review every three years.

Interim Graduate Faculty status is approved for faculty who, in unusual circumstances, are assigned graduate teaching responsibilities between meetings of the Graduate Council. Faculty granted this status may only teach specific courses directly related to their area of expertise. Any interim appointments will made on a semester-to-semester basis and will be considered at the next regularly scheduled meeting of the Graduate Council.

Eligibility Criteria for Graduate Faculty Status

• An earned doctorate (or its equivalent) appropriate for the academic field.
• A record of experience in the field of study.
• Licensure (if applicable) in the field of specialization.
• The endorsement of the appropriate program director
• Recommendation of the department chair and/or dean
• Approval of the Graduate Council
• Documented evidence of engagement in scholarly activities among the following:
  • grant activity
  • publications
  • fellowships
  • presentations
  • professional consultations
  • leadership in professional organizations/learned societies

Professional Affiliate Graduate Faculty

Status approved for professionals who do not have the terminal degree in their field, but hold a Master’s degree and have demonstrated exceptional expertise in the discipline. In unusual cases, an individual who has a record of exceptional scholarly or creative activity, or professional experience, may be eligible for consideration. Professional Affiliates may teach in applied areas and/or participate as content experts in graduate student research activities. Professional Affiliate Graduate Faculty may not chair thesis committees. The term of Professional Affiliates may not exceed two years but may be renewed.

Renewal of Graduate Faculty Status

Appointments to the three categories of graduate faculty status (graduate faculty, adjunct graduate faculty, and professional affiliate graduate faculty) are extended periods of time and subject to review for renewal. Criteria for the recommendation of renewal of graduate faculty status are the same as for initial appointment as listed above. By March 1 of each year, Department Chairs or the Academic Dean will be provided with a list of graduate faculty in their respective departments whose graduate faculty appointments are subject to review/renewal and a copy of the renewal criteria. The Department Chair (or Dean) and Program Coordinators will be asked to verify the continuing eligibility of the faculty members on their list by March 31. The recommendations for renewal will be compiled by the School of Graduate Studies and presented to the Graduate Council at the April meeting. A letter of notification will be sent to each graduate faculty member and copied to the respective Department Chair and Program Coordinator.

Honors Faculty Status

The status of “University Honors Faculty” is reserved for tenured/tenure track members of faculty who meet and exceed the criteria for consideration listed below. Honors faculty are eligible to teach Honors courses which are scheduled through the University Honors College. Individual University Honors Faculty appointments are subject to review by the University Honors Council every five years.

Honors Faculty Appointment Criteria

1. A minimum of two years teaching experience at UNCP.
2. Exceptional teaching performance at the undergraduate level as demonstrated by favorable student evaluation of instruction (both quantitative and qualitative) and positive annual faculty review.
3. An earned doctorate (or its equivalent) appropriate for the academic field.
4. A record of experience in the field of study as demonstrated by post-graduate study, professional experience, scholarship in the discipline, and service to the academic discipline.
5. Documented evidence of recent/current scholarly engagement and production of scholarly work in activities including but not limited to:
   1. grants writing
   2. peer reviewed publications
   3. academic and/or administrative fellowships
   4. presentations to learned societies and organizations
   5. professional consultations
   6. leadership in professional organizations/learned societies
6. Approval/recommendation of the Department Chair, the college/school Dean, the Dean of the Honors College, the Provost and Vice Chancellor for Academic Affairs, and the University Honors Council.

The Honors Faculty Nomination Form is available at the website for the University Honors College at http://www.uncp.edu/honors_college/.

Statement on Licensure of Methods Faculty

NC State Board of Education policy requires that all methods faculty be licensed. As defined by State Standards the term “methods faculty” refers to “anyone who teaches a methods course whose primary focus is preparation for assuming certificated positions in the public schools”; the term “methods course” refers to “a course in which the primary focus is: (a) techniques, procedures, or organization for teaching; or (b) a supervised practicum for teaching.”

Conflicts of Interest and Commitment

The University of North Carolina at Pembroke’s Policies and Guidelines Concerning Conflicts of Commitment and Interest Affecting University Employment document supports the policies and guidelines adopted by the UNC Board of Governors on June 15 and June 21, 2012. The University of North Carolina at Pembroke (UNC Pembroke) subscribes to the statement of The Code of The University of North Carolina indicating that the basic mission of the faculty is “the transmission and advancement of knowledge and understanding.” University faculty engage in a number of activities within the academy related to their teaching, research, and service. In addition, because of the nature of their credentials and expertise, faculty members and EPA non-faculty employees also have opportunities to utilize their skills and knowledge in settings and activities outside the university. In most instances, this independence and flexibility work to the advantage and benefit of the EPA employee, the institution, and the community. The same opportunities can become problems, however, when a conflict of commitment or a conflict of interest arises.

A conflict of commitment arises when a faculty member’s activities outside the University interfere with the performance of responsibilities within the institution. This conflict of commitment may occur as the result of such activities as consulting, teaching, performing and other such involvements.

A conflict of interest arises when financial or other personal considerations, circumstances, or relationships may compromise, involve the potential for compromising, or have the appearance of compromising a faculty member’s objectivity in meeting university duties or responsibilities, including
research activities. The biases resulting from conflicts of interest may compromise such responsibilities as making decisions about personnel and purchases; selecting instructional materials for classroom use; gathering, analyzing, and interpreting data; sharing research results; selecting research protocols; employing statistical methods; and mentoring and judging student work. A conflict of interest exists when a faculty member or any member of that person’s immediate family (spouse and dependent children) has a personal interest in an activity that could have an impact on decision making at the university with respect to teaching, research, or administration. While a conflict of interest may result from nonfinancial interests or considerations, the overwhelming majority of conflicts of interest result from a financial interest of an EPA employee who is in a position to make a supervisory, academic, or administrative decision which may be compromised because of potential financial gain from a financial interest.

It is the policy of The University of North Carolina at Pembroke that faculty shall devote their primary professional loyalty, time and efforts to teaching, research and service and related duties. Therefore, in accord with this policy, outside activities and financial interests must not interfere with carrying out University employment responsibilities. See UNC Pembroke “Policy on External Professional Activities of Faculty and Other Professional Staff” for more information about defining and reporting conflicts of commitment.

It is the policy of UNC Pembroke that faculty will avoid conflicts of interest that may adversely affect the university’s interests, compromise objectivity in conducting research, or compromise their performance of university responsibilities. Thus, external activities and financial interests must be arranged to avoid such conflicts.

It is the policy of UNC Pembroke to comply with the rules applicable to federally funded projects for all externally funded research conducted at the university. Federal funding agencies require that the university manage, reduce, or eliminate any actual or potential conflicts of interest that may exist in relation to instruction, research, and service activities funded by the federal government. It is the purpose of this policy to promote objectivity in research by establishing standards that provide a reasonable expectation that the design, conduct, and reporting of externally funded research will be free from bias resulting from investigator financial conflicts of interest.

For more information on the disclosure, review, and monitoring of conflicts of interest, see the full text of the policy on “Conflicts of Commitment and Interest Affecting University Employment” at the website for University Policies and Regulations at http://www.uncp.edu/policies/.

Policy on External Professional Activities of Faculty and Other Professional Staff Section 1. University Policy

The following policy was adopted April 16, 1993 by the Board of Governors of the University of North Carolina:

The University of North Carolina and its constituent institutions seek to appoint and to retain, as faculty and other professional staff members, individuals of exceptional competence in their respective fields of professional endeavor. Because of their specialized knowledge and experience, such persons have opportunities to apply their professional expertise to activities outside of their University employment, including secondary employment consisting of paid consultation with or other service to various public and private entities. Through such practical, compensated applications of their professional qualifications, University employees enhance their own capabilities in teaching and research. Thus, participation of faculty and other professional staff members in external professional activities for pay, typically in the form of consulting, is an important characteristic of academic employment that often leads to significant societal benefits, including economic development through technology transfer. However, such external professional activities for pay are to be undertaken only if they do not:

1. Create a conflict of commitment by interfering with the obligation of the individual to carry out all primary University duties in a timely and effective manner; or
2. Create a conflict of interest vis-à-vis the individual’s status as an employee of the University; or
3. Involve any inappropriate use or exploitation of University resources; or
4. Make any use of the name of the University of North Carolina or any of its constituent institutions for any purpose other than professional identification; or
5. Claim, explicitly or implicitly, any University or institutional responsibility for the conduct or outcome of such activities.

Section 2. Definitions

1. “External professional activities for pay” means any activity that l) is not included within one’s University employment responsibilities; 2) is performed for any entity, public or private, other than the University employer; 3) is undertaken for compensation; and 4) is based upon the professional knowledge, experience and abilities of the faculty or other professional staff member. Activities for pay not involving such professional knowledge, experience and abilities are not subject to the advance disclosure and approval requirements of Section 3 of this Policy, although they are subject to the basic requirement that outside activities of any type not result in neglect of primary University duties, conflicts of interest, inappropriate uses of the University name, or claims of University responsibility for the activity.
2. “University employment responsibilities” include both “primary duties” and “secondary duties.” Primary duties consist of assigned teaching, scholarship, and all other institutional service requirements. Secondary duties consist of professional affiliations and activities traditionally undertaken by faculty and other professional staff members outside of the immediate University employment context that redound to the benefit of the profession and to higher education in general. Such endeavors, which may or may not entail the receipt of honoraria or the reimbursement of expenses, include membership in and service to professional associations and learned societies; membership on professional review or advisory panels; presentation of lectures, papers, concerts or exhibits; participation in seminars and conferences; reviewing or editing scholarly publications and books; and service to accreditation bodies. Such integral manifestations of one’s membership in a profession are encouraged, as extensions of University employment, so long as they do not conflict or interfere with the timely and effective performance of the individual’s primary University duties.
3. “Faculty or other professional staff member” means any person who is employed full-time by the University of North Carolina or a constituent institution or other agency or unit of the University of North Carolina and who is not subject to the State Personnel Act.
4. “Department” means an academic department, a professional school without formally established departments, or any other administrative unit designated by the Chancellor of an institution or by the President for the Office of General Administration, for the purposes of implementing this policy.
5. “Inappropriate use or exploitation of University resources” means using any services, facilities, equipment, supplies or personnel which members of the general public may not freely use. A person engaged in external professional activities for pay may use, in that connection, his or her office and publicly accessible facilities such as University libraries; however, an office shall not be used as the site for compensated appointments with clients, e.g., for counseling or instruction. Under no circumstances may a supervisory employee use the services of a supervised employee during University employment time to advance the supervisor’s external professional activities for pay.
6. “Conflict of interest” relates to situations in which financial or other personal considerations may compromise, may have the potential for compromising, or may have the appearance of compromising an employee’s objectivity in meeting university duties or responsibilities, including research activities.

Section 3. Procedures Governing External Professional Activity for Pay

1. A faculty or other professional staff member who plans to engage in external professional activity for pay shall complete the “Notice of Intent to Engage in External Professional Activity for Pay” (hereinafter referred to as “Notice of Intent”) which shall be filed with the head of the department in which the individual is employed. A separate “Notice of Intent” shall be filed for each such activity in which an employee proposes to engage. Unless there are exceptional circumstances, the “Notice of Intent” shall be filed not less than ten (10) calendar days before the date the proposed external professional activity for pay is to begin.
2. Approval of a “Notice of Intent” may be granted for a period not to exceed the balance of either l) the fiscal year (in the case of 12-month employees and employees with contract service periods that include the summer session) or (2) the academic year (in the case of 9-month employees with no summer session contract period) remaining as of the date of approval; if the approved activity will continue beyond the end of the relevant fiscal or academic year in which it was begun, an additional “Notice of Intent” must be filed at least ten days before engaging in such activity in the succeeding relevant year.
3. Except as set out in paragraph “d” below, the “Notice of Intent” shall be considered as follows: If, after a review of the “Notice of Intent” and consultation with the faculty or other professional staff member, the department head determines that the proposed activity is not consistent with this policy statement of the Board of Governors, the faculty or other professional staff member shall be notified of that determination within ten (10) calendar days of the date the “Notice of Intent” is filed. In the event of such notification by the department head, the faculty or other professional staff member shall not proceed with the proposed activity but may appeal that decision to the administrative officer to whom the department head reports, and then to the Chancellor (or, in the General Administration, to the President). A decision on any such appeal shall be given to the faculty or other professional staff member within ten (10) calendar days of the date on which the appeal is received. The decision of the Chancellor (or of the President) shall be final. Appeals shall be made in writing on the “Notice of Intent” form.
4. If question 8, question 9a, or question 9b on the “Notice of Intent” is answered in the affirmative, the procedure set out in paragraph 3.c above shall be modified as follows: The decision of the department head to approve the activity shall be reviewed promptly and approved or disapproved within ten (10) days of receipt by the administrative officer to whom the department head reports, and appeal of a disapproval by that officer shall be to the Chancellor (or, in the General Administration, to the President).
5. Departmental summaries of all “Notices of Intent” filed and of actions taken in response to such “Notices of Intent” during the preceding fiscal year shall be submitted by department heads to the Chancellor (or, in the General Administration, to the President) each July. The Chancellors shall provide annual summary reports to the President by September 1 of each year.
6. University employees not complying with these procedures will be subject to disciplinary action. Department heads are held responsible for proper reporting.

Section 4. Special Provisions

1. External professional activities for pay performed for another institution or agency of the State of North Carolina also must comply with State policies governing dual employment and compensation, unless an exception to those State policies is expressly authorized by the Chancellor or the President.
2. The procedures in Section 3 shall not be required of faculty and other professional staff members serving on academic year contracts, if the external professional activity for pay is wholly performed and completed between the day following spring commencement and the first day of registration for the fall semester, provided that the activity does not conflict with this policy statement of the Board of Governors and is not conducted concurrently with a contract service period for teaching, research, or other services to the institution during a summer session.

Section 5. Effective Date

This policy statement shall become effective on July 1, 1993.

Policies on Employee Political Candidacy and Office-Holding

Policies adopted by the Board of Governors in 1976 establish processes for resolving, in advance, questions about possible conflicts between a University employee’s satisfactory performance of employment responsibilities and his involvement in political candidacy and office-holding. All University employees (full-time, part-time, or adjunct) except those subject to the State Personnel Act are covered by the policies. An employee who intends to become a candidate for election or appointment to or to hold any public office is responsible for knowing the terms of and complying with the requirements of the Board policies. A copy of the full text of the Board policies may be found in Section 300.5 of the UNC Policy Manual at http://www.northcarolina.edu/policy/index.php. Failure to comply with the policies is a violation of the terms and conditions of University employment and may result in disciplinary action. Advice concerning the interpretation and application of the policies may be obtained from the University Attorney.

Policy on Administrative Separations and Retreats to Faculty Positions

The Board of Governors and the UNC General Administration requires each institution to establish a policy governing the separation and/or retreat of certain administrators. This policy is in response to that mandate. This policy addresses voluntary and involuntary relinquishments of duties by “Senior Academic and Administrative Officers.” Conditions of employment of the Chancellor position are not part of this policy. The University will adhere to the regulations of the Board of Governors and UNC General Administration regarding separations, reassignments, and retreats to faculty position by Senior Academic and administrative Officers as specified in the UNC Policy Manual, Section 300.1.6 which can be located at the website for the UNC General Administration at http://www.northcarolina.edu/policy/index.php. Voluntary and involuntary relinquishments of duties by Senior Academic and Administrative Officers will be handled in the following manner.

A Senior Academic and Administrative Officer who holds a concurrent tenured faculty appointment may return to that appointment with all the rights and responsibilities of faculty in the home department, unless a proceeding is initiated to discharge or demote the administrator from the faculty position. If there has been an administrative stipend during the appointment, that stipend should be removed. The salary will be adjusted from a 12-month administrative salary to a 9-month or 12-month faculty salary that is commensurate with the salaries of comparable faculty members. At the Chancellor’s discretion, the Chancellor may provide a reasonable period of time with full administrative salary to provide an opportunity for the employee to prepare for teaching and research responsibilities. The reasonable period of time should be related to the time spent in administrative duties. If the Chancellor proposes to pay the administrator full or partial administrative pay after the termination of the administrator’s duties for longer than one year, the agreement must be approved by the Board of Trustees.

A Senior Academic and Administrative Officer leaving a position that is categorized as “at will” has no claim to a position at the University; however, there may be circumstances in which assignment to another administrative or teaching position would be beneficial for both the University and the employee. In these cases, the new salary should be appropriate to the assignment. If the Chancellor proposes to pay the administrator his or her full administrative salary after moving the administrator to a position that would normally be lower paying, or if paid leave is to be granted, the agreement to so pay or grant leave to the administrator must be approved by the Board of Trustees. This policy does not supersede any notice or severance pay required by the Board of Governor’s policy.

In some cases, it may be in the best interest of the University to negotiate a severance agreement with a Senior Academic and Administrative Officer. UNC policy addresses timely notice for termination of Senior Academic and Administrative Officers hired pursuant to Policy 300.1.1, I.B. In accordance with The University of North Carolina Policy 300.1.1, III.B, in certain circumstances these employees are entitled to notice of the discontinuation of their employment with full pay for up to 90 days of severance pay, depending on their length of service. The Chancellor may, at his or her discretion, determine that the circumstances justify continuing full pay for employees subject to Policy 300.1.1, I.A., for up to 90 days. The Board of Trustees must approve any agreement that results in a longer period of compensation.

Nothing in this policy shall prevent a Senior Academic and Administrative Officer from retiring or a Senior Academic and Administrative Officer who holds a faculty appointment from participating in phased retirement consistent with existing policies of The University of North Carolina.