The following amendments were approved by the Faculty Senate on May 30 and June 6, 1996, after consultation with the Tenure Subcommittee, Senate Faculty Affairs Committee and Senate Judicial Committee, as provided by in Section 19 of the Regulations Concerning Faculty Tenure.

PROPOSED AMENDMENTS TO THE 
REGULATIONS CONCERNING FACULTY TENURE

PREAMBLE TO MOTION A:


      The following proposed amendments are considered to be "housekeeping" 
in nature.  The 1985 Tenure Regulations provided that the Senior Vice 
President for Academic Affairs would be the final decision-maker on most
individual cases relating to tenure.  The 1995 reorganization of the University
administration split that authority among the several chancellors and provosts,
although the Vice President retains authority with respect to the units that
report directly to him.  The amendments in Motion A accommodate that
reorganization, but do so in a way that will permit future presidents of the
University to create new administrative structures.  It allows the President to
appoint one or more "senior administrative officers," who will have final
authority regarding the granting of tenure, and to define the scope of their
authority (one or more colleges, campuses, etc.)  In the present structure
these officers would be the three chancellors, the three provosts, and (for
University Libraries and a few other special cases) the Vice President for
Academic Affairs.  The Vice President for Academic Affairs will, however,
retain University-wide authority for the development of tenure policy, although
not for its administration in individual cases.  If approved by the Faculty
Senate and accepted by the Board of Regents, these amendments will replace the
current interpretation of this topic which expires June 30, 1996.



MOTION A:


	To amend the Regulations Concerning Faculty Tenure as follows: (new
language is in CAPS; language to be deleted is struck out)



[Please note that additional amendments to Section 3 are proposed 
under Motion C--only the "housekeeping" amendments are included 
under Motion A.]


Section 3.  Faculty Ranks and Types of Appointments
      3.3  Non-regular Appointments.  A non-regular
appointment is date-specific; that is, the appointment terminates at the end of
a period specified in the appointment without further notice to the appointee.
The Vice President SENIOR ADMINISTRATIVE OFFICER FOR THE CAMPUS OR AREA 
(footnote 3) must give every person appointed to a non-regular faculty position 
a statement in writing setting forth the conditions of the non-regular 
appointment, including the fact that it terminates without further notice. . . . .

      3.4  Limitation on Use of Non-Regular Appointments.
      (j)  . . . .  A regular faculty member on a probationary appointment 
may transfer to non-regular status during enrollment in such a program if the 
faculty member and the Vice President SENIOR ACADEMIC ADMINISTRATOR agree. . . .


      3.6  Special Contracts  
      . . . .   It must be signed by the faculty member concerned, by the dean
of the collegiate unit in which the faculty member will be employed and by the
Vice President SENIOR ACADEMIC ADMINISTRATOR and must be authorized by the Board 
of Regents or its expressly authorized delegate. In addition, the Vice 
President SENIOR ACADEMIC ADMINISTRATOR will annually report to the Tenure 
Committee the terms of all special contracts and the reasons for their use.  . . . .



Section 7.  Personnel Decisions Concerning Probationary Faculty
      7.12  Departmental Statement
      . . . .  Each such document is subject to review by the dean or
other appropriate academic administrator, by the Vice President SENIOR ACADEMIC 
ADMINISTRATOR AND BY THE SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS. . . .


      7.63  Final Administrative Action
      The University may not act contrary to the recommendation of the academic
unit which made the initial recommendation except for substantive reasons which must 
be stated in writing by the Vice President (or a person designated by the 
Vice President) SENIOR ACADEMIC ADMINISTRATOR to the faculty member . . . .    
The Vice President SENIOR ACADEMIC ADMINISTRATOR takes the steps necessary 
to make the necessary appointment or to give notice of termination.



Section 11.  Fiscal Emergency
      11.53  Allocation of Shortfall
      . . . .  The colleges and campuses return their plans to the Vice President 
SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS, who prepares a comprehensive plan 
for the University . . .  The recommendations of the Senates and the SENIOR Vice 
President's plan will be presented to the President and the Board of Regents  
for action.


      11.62  Priorities
      (b)  . . . . The SENIOR Vice President FOR ACADEMIC AFFAIRS must insure 
that for the University as a whole the plan which is submitted does not reduce 
the proportion of appointments with indefinite tenure held by women and 
minorities entitled to affirmative action,  . . . .



Section 13.  Judicial Committee
      13.2  Procedures
      . . . .  In every case before the Judicial Committee the Vice President 
SENIOR ACADEMIC ADMINISTRATOR may designate the academic administrator who will 
represent the University as respondent.  IF THE CASE INVOLVES TWO OR MORE 
CAMPUSES OR AREAS, THE PRESIDENT OR THE SENIOR VICE PRESIDENT FOR ACADEMIC 
AFFAIRS MAY DESIGNATE THE RESPONDENT.


Section 15.  Appeals to the Judicial Committee
      15.2  Procedure for Securing Review
      . . . .  Within 30 days of filing, the Chair of the Judicial Committee 
must send copies of the request to the head of the academic unit concerned and 
to the senior Vice President ACADEMIC ADMINISTRATOR.


      15.6  Actions Requiring Reconsideration
      . . .  If the Judicial Committee recommends reconsideration of an action, that 
reconsideration will be undertaken under the supervision of the Vice President 
SENIOR ACADEMIC ADMINISTRATOR, unless otherwise specified.  . . . .


      15.7  Recommendations for Changes in University Policies and 
Procedures
      . . . .  As a result of Judicial Committee proceedings, the Judicial 
Committee, the Tenure Committee or the SENIOR Vice President FOR ACADEMIC 
AFFAIRS may initiate steps to clarify or improve the University rules or 
policies involved.  . . .


Section 16.  Tenure Committee
     16.1 Membership
      The Tenure Committee TENURE SUBCOMMITTEE OF THE SENATE FACULTY AFFAIRS 
COMMITTEE (REFERRED TO ELSEWHERE IN THESE REGULATIONS AS THE TENURE COMMITTEE) 
is composed of at least seven members of the faculty and such other persons as 
the University Senate Bylaws shall provide. . . . .


      16.2  Interpretations
      The SENIOR Vice President FOR ACADEMIC AFFAIRS and the Tenure Committee 
may propose formal interpretations of these regulations, consistent with their 
terms.  . . . .


      16.3  Procedures
      The SENIOR Vice President FOR ACADEMIC AFFAIRS and the Tenure Committee 
may jointly adopt the procedures provided by Sections 7.4 and 7.61. . . . .



Footnotes

2	. . The "academic administrator" or "dean" of a collegiate unit is a 
        dean , provost, or similar officer.


3	As used in these Regulations, "Vice President" means the Vice President 
        for Academic Affairs.  A "SENIOR ACADEMIC ADMINISTRATOR" IS AN OFFICER 
        WHO HAS FINAL REVIEW AUTHORITY ON ACADEMIC PERSONNEL DECISIONS, AND WHO 
        REPORTS DIRECTLY TO THE PRESIDENT AND REGENTS, SUCH AS A VICE PRESIDENT, 
        CHANCELLOR, OR PROVOST.  THE PRESIDENT WILL DESIGNATE ONE OR MORE SENIOR 
        ACADEMIC ADMINISTRATORS TO HAVE RESPONSIBILITY FOR ACADEMIC MATTERS FOR
        ALL OR PART OF THE UNIVERSITY, AND WILL DEFINE THEIR RESPECTIVE 
        JURISDICTIONS.


10	Because of the special mission of the Crookston and Waseca campus es, 
        disciplined inquiry in their ITS field of endeavor may be substituted 
        for research in appraising faculty members there.


PREAMBLE TO MOTIONS B-G:

      The Subsequent motions are presented on the assumption that Motion A is
approved.  If it is not, the words "vice president" should be reinserted in the
appropriate places.


MOTION B:

	To amend Section 1.1 as follows:  (new language is in CAPS; language 
to be deleted is struck out)


Section 1.  Academic Freedom
1.1  Principles.  Every member of the faculty is entitled to due process 
and academic freedom as established by academic tradition and the Constitutions 
and laws of the United States and the State of Minnesota and as amplified 
by Resolutions of the Board of Regents.  The Board of Regents hereby reaffirms 
its policies concerning COMMITMENT TO academic freedom and tenure AS REFLECTED 
announced in its resolution of January 28, 1938, and IN the statement 
of December 14, 1963, which are set forth in the Appendix to these regulations.  
THE POLICIES OF THE BOARD OF REGENTS REGARDING ACADEMIC FREEDOM ARE CURRENTLY 
STATED IN THE BOARD'S STATEMENT OF SEPTEMBER 8, 1995, WHICH PROVIDES:

THE REGENTS OF THE UNIVERSITY OF MINNESOTA REAFFIRM THE PRINCIPLES OF ACADEMIC 
FREEDOM AND RESPONSIBILITY.  THESE ARE ROOTED IN THE BELIEF THAT THE MIND IS 
ENNOBLED BY THE PURSUIT OF UNDERSTANDING AND THE SEARCH FOR TRUTH AND THE STATE 
WELL SERVED WHEN INSTRUCTION IS AVAILABLE TO ALL AT AN INSTITUTION DEDICATED TO 
THE ADVANCEMENT OF LEARNING.  THESE PRINCIPLES ARE ALSO REFRESHED BY THE 
RECOLLECTION THAT THERE IS COMMUNE VINCULUM OMNIBUS ARTIBUS--A COMMON BOND 
THROUGH ALL THE ARTS.


ACADEMIC FREEDOM IS THE FREEDOM TO DISCUSS ALL RELEVANT MATTERS IN THE 
CLASSROOM, TO EXPLORE ALL AVENUES OF SCHOLARSHIP, RESEARCH AND CREATIVE  
EXPRESSION AND TO SPEAK OR WRITE AS A PUBLIC CITIZEN WITHOUT INSTITUTIONAL 
DISCIPLINE OR RESTRAINT.  ACADEMIC RESPONSIBILITY IMPLIES THE FAITHFUL 
PERFORMANCE OF ACADEMIC DUTIES AND OBLIGATIONS, THE RECOGNITION OF THE 
DEMANDS OF THE SCHOLARLY ENTERPRISE AND THE CANDOR TO MAKE IT CLEAR THAT  
THE INDIVIDUAL IS NOT SPEAKING FOR THE INSTITUTION IN MATTERS OF PUBLIC 
INTEREST.


Comment


      This item incorporates into the Tenure Code the most recent statement of
the Board of Regents with regard to academic freedom.  The statements of 1938
and 1963 are retained in the appendix because of their importance in the
interpretation of academic freedom at this University.


MOTION C:

	To amend Sections 3 and 8 of the Tenure Regulations (new language is in 
CAPS; language to be deleted is struck out)


Amend Section 3 of the Tenure Regulations to read as follows: 


Section 3.  Faculty Ranks and Types of Appointments.
3.1  In General.  The faculty ranks are Professor, Associate Professor, 
Assistant Professor, and Instructor.  FACULTY APPOINTMENT IS APPROPRIATE ONLY 
IF THE INDIVIDUAL IS ENGAGED IN TEACHING OR RESEARCH AS DEFINED IN SECTION 7.11.  
Appointment at these ranks are either regular TENURED OR TENURE-TRACK 
APPOINTMENTS ornon-regular TERM APPOINTMENTS.  An appointment must be designated 
AS A regular or non-regular A TERM APPOINTMENT when it is made.


3.2  Regular TENURED OR TENURE-TRACK Appointments.  A regular 
appointment is either with indefinite tenure or is probationary leading to a 
decision concerning indefinite tenure within a specified period of time.  A 
faculty member with indefinite tenure is entitled to retain that position until 
retirement in accordance with University regulations or until the appointment 
is terminated pursuant to the provisions of Sections 10 or 11.  A faculty member 
on probationary appointment (a) is entitled to consideration for indefinite 
tenure, and (b) is entitled to timely notice of termination in accordance with 
Section 6.  A regular appointment may only be held in an academic unit 
(footnote 1) of a degree-granting college (footnote 2), or similar unit.  
A regular appointment must be for two-15 thirds time or more over the 
academic year.


3.3  Non-regular TERM Appointments.  A non-regular TERM appointment 
is date-specific:  that is, the appointment terminates at the end of a period 
specified in the notice of appointment without further notice to the appointee.  
The Vice President SENIOR ACADEMIC ADMINISTRATOR FOR THE CAMPUS OR AREA 
(footnote 3) must give every person appointed to a non-regular TERM faculty 
position a statement in writing setting forth the conditions of the non-regular 
appointment, including the fact that it terminates without further notice.  No 
number of renewals of a non-regular TERM appointment creates a right to further 
renewals or to a decision concerning tenure.  Every renewal of a non-regular 
TERM appointment for the seventh or succeeding year must be reported to the 
Tenure Committee with a justification of the reasons for non-regular THE 
CONTINUATION OF TERM status.

3.4  Limitation on Use of Non-Regular Appointments.  APPROPRIATE 
USES OF TERM APPOINTMENTS.  Faculty appointments must be regular (either 
probationary or with indefinite  tenure) unless one or more of the following 
conditions is met, in which case the appointment maybe classified as non-regular:  
TERM APPOINTMENTS ARE APPROPRIATE AND MAY BE USED PROVIDED ONE OR MORE OF THE 
FOLLOWING CONDITIONS IS MET:

	(a)  The duration, the percentage of time, or both require less than 
	     service for two-thirds time for the academic year.
	(b)  The appointment is designated as a Visiting appointment because the 
	     faculty member is from another educational institution or is a 
	     qualified professional from a government or private agency on a 
	     leave of absence to accept a temporary assignment at this 
	     University.
	(c)  The appointment is designated a Clinical appointment because the 
	     faculty member is a clinician in the community who gives service 
	     to the University part-time.
	(D)  THE APPOINTMENT CONCERNS A FACULTY MEMBER WHO PRINCIPALLY IS 
	     ENGAGED IN AND PRIMARILY IS SUPPORTED BY CLINICAL ACTIVITIES 
	     OR BY DISCIPLINE-RELATED SERVICE (new footnote *).
   (d)  (E)  The appointment is designated an Adjunct appointment because the 
             faculty member's primary employment is outside the University or 
             is in another unit of the University.
   (e)  (F)  The appointment extends courtesy faculty rank without salary.
   (f)  (G)  The position is subject to the joint control of the University and 
             another institution.
   (g)  (H)  The specific funding for the position is subject to the discretion 
             of another agency.
   (h)  (I)  The funding for the position is for a limited time.
   (i)  (J)  The appointment is in a unit or program that is experimental or 
             otherwise restricted in duration.
   (j)  (K)  The person is enrolled in a University of Minnesota degree program.  
             A regular faculty member on a probationary appointment may transfer 
             tonon-regular TERM status during enrollment in such a program if 
             the faculty member and the Vice President SENIOR ACADEMIC 
             ADMINISTRATOR agree.  This transfer suspends the running of the 
             maximum period of probationary service, but the faculty member 
             retains other rights of regular appointment, including annual 
             review, the right to timely notice and a terminal appointment 
             period as provided in Section 6.


	3.5	Administrators' Appointments.  Academic administrators may 
hold regular or non-regular TERM faculty appointments.  Administrative titles 
and duties are distinct and severable from such individual faculty appointments.  
Removal from an administrative position does not impair any rights the 
individual holds as a faculty member.  UPON LEAVING AN ADMINISTRATIVE POSITION, 
THE INDIVIDUAL RETURNS TO FACULTY STATUS, WITH SALARY AND TERM OF APPOINTMENT 
REDUCED BY THE AMOUNT OF THE ADMINISTRATIVE AUGMENTATION, IF ANY.



Footnotes

(1)	As used in these Regulations, "academic unit" means a department or
        other basic unit in which tenure is held.  It may be a division, school, 
        or college which is not further subdivided.  The "head" of an academic 
        unit is the academic administrator immediately responsible for it, such 
        as a chair, head, or director.


(2)	As used in these Regulations, "collegiate unit" or "college" means a 
        major academic entity of the University.  It may be a college, school, 
        institute or campus.  The "academic administrator" or "dean" of a 
        collegiate unit is a dean, provost, or similar officer.



(3)	As used in these regulations, "Vice President" means the Vice President 
        for Academic Affairs.  THE PRESIDENT WILL DESIGNATE ONE OR MORE SENIOR 
        ACADEMIC ADMINISTRATORS (VICE PRESIDENTS, CHANCELLORS, PROVOSTS, ETC.) 
        TO HAVE RESPONSIBILITY FOR ACADEMIC MATTERS  FOR ALL OR PART OF THE 
        UNIVERSITY, AND WILL DEFINE THEIR RESPECTIVE JURISDICTIONS.


(*)	NEW FOOTNOTE TO ITEM 3.4(D): "SERVICE" MEANS PERFORMANCE WITHIN THE 
        FACULTY MEMBER'S EXPERTISE, OTHER THAN TEACHING AND RESEARCH AS 
        DEFINED IN SECTION 7.11.


And amend the title and introductory language of Section 8 as follows:


Section 8.  Improper Refusal of a New Appointment to a Non-Regular 
TERM Faculty Member
A person holding a non-regular TERM faculty appointment who has been refused 
a renewal of that appointment or has applied for and been refused a regular or 
a different non-regular TERM  faculty appointment within six months of the end 
of that appointment may petition the Judicial Committee to review the refusal, 
but only on the ground that the decision was based in significant degree on one 
or more of the following: . . .

            [remainder of text unchanged]



Comment


      This proposal changes terminology in the Tenure regulations and also 
permits the University to employ clinical faculty on term contracts.


      Many have felt that the terminology "nonregular" appointment carried a 
derogatory connotation.  In order to eliminate that implication, the word 
"nonregular" has been changed to "term" throughout the Regulations.  Term 
appointments are those which have a fixed duration and do not lead to 
probationary or tenured appointments.


       Section 3(d) permits such appointments to be made for faculty whose 
principal commitment is to clinical or service duties and who are primarily 
supported by funds generated by those activities.  This recognizes the variable 
funding of such clinical activities and does not commit the University to 
maintaining the income of future clinicians if the clinical revenues will not 
support them.


      This section is prospective only.  Faculty currently holding tenured or 
tenure-track appointments cannot be shifted to term appointments without their 
consent.



MOTION D:

	To amend Sections 4.1 and 4.3 and add a Section 4.4, as follows:  (new
language is in CAPS; language to be deleted is struck out)


Amend Section 4.1 as follows:
Section 4.  Terms of Faculty Employment
	4.1  Written notice of appointment. Each faculty appointment or 
change of status is specified in a written notice of appointment issued by or on 
behalf of the Board of Regents.  The notice must specify the following:

(1)  whether the appointment is regular or non-regularTERM;
(2)  whether it is full or part-time and the percentage of time involved;
(3)  if for a fixed term, its expiration date;
(4)  if regular, whether it is probationary or with indefinite tenure;
(5)  whether it is on a twelve-month, academic year or other specified annual 
     basis;
(6)  the rank of appointment;
(7)  the academic unit or units to which the individual is being appointed; and
(8)  the BASE salary; AND
(9)  OTHER COMPENSATION OR AUGMENTATION AS DESCRIBED IN SECTION 4.4.


Amend Section 4.3 as follows:

	4.3  Changes in Terms of Appointments.  Except for raises in rank 
or BASE salary and except for action expressly authorized by these regulations, 
no changes of any of the items (1) THROUGH (8) listed in Subsection 4.1 
may be made during the term of an appointment except with the agreement of the 
faculty member and the Board of Regents or its authorized delegate.



Add a new Subsection 4.4 to read as follows:

	4.4  FACULTY COMPENSATION.  EACH FACULTY MEMBER SHALL RECEIVE A BASE 
SALARY, WHICH SHALL NOT BE DECREASED EXCEPT AS EXPRESSLY AUTHORIZED IN THESE 
REGULATIONS.  THE BASE SALARY SHALL CONSIST OF THE INITIAL BASE SALARY PLUS ANY 
SUBSEQUENT INCREASE IN BASE SALARY.  IN GENERAL, IT IS EXPECTED THAT SALARY 
INCREASES WILL BE ADDED TO THE BASE. THE UNIVERSITY MAY ALSO PROVIDE A FACULTY 
MEMBER WITH ADDITIONAL COMPENSATION THAT IS NOT PART OF THE BASE SALARY.  THE 
ADDITIONAL COMPENSATION MAY BE FOR SPECIAL AWARDS OR FOR ACTIVITIES IN ADDITION 
TO REGULAR FACULTY RESPONSIBILITIES SUCH AS CLINICAL PRACTICE, ADMINISTRATIVE 
SERVICE, OVERLOAD DUTIES, SUMMER SCHOOL TEACHING, AND SUMMER RESEARCH SUPPORT.  
THE FACULTY MEMBER DOES NOT HAVE A RIGHT TO CONTINUATION OF THIS ADDITIONAL 
COMPENSATION BEYOND THE TIME FOR WHICH IT IS GRANTED.  AT THE TIME AN 
APPOINTMENT IS MADE, THE OFFER AND WRITTEN NOTICE OF APPOINTMENT SHALL 
SEPARATELY STATE THE BASE SALARY AND ANY ADDITIONAL COMPENSATION, AS DESCRIBED 
ABOVE, THAT THE FACULTY MEMBER WILL RECEIVE. (FOR FACULTY MEMBERS EMPLOYED AT 
THE TIME THIS SECTION TAKES EFFECT, THE INITIAL BASE SALARY SHALL BE THE SALARY 
GUARANTEED UNDER THESE REGULATIONS AT THE TIME THIS AMENDMENT TAKES EFFECT.)  
IN EACH SUBSEQUENT  YEAR, THE FACULTY MEMBER SHALL BE PROVIDED WITH A WRITTEN 
NOTICE SEPARATELY STATING ANY INCREASE IN BASE SALARY AND ANY CHANGES IN THE 
ADDITIONAL COMPENSATION FOR THE FOLLOWING ACADEMIC YEAR.  INCREASES WILL BE 
PRESUMED TO BE IN BASE SALARY UNLESS OTHERWISE IDENTIFIED.



Comment


        Each faculty member will receive a base salary, but may be given 
additional incentive sums to reward temporary assignments, such as overload 
teaching, summer school, administrative service.  Clinical compensation will 
also be outside of the base salary.  While the base salary will be  guaranteed 
from year to year, the additional payments will be subject to review and 
adjustment.  Apart from raises, adjustments in base pay may be made only 
voluntarily or as provided in other sections of the Regulations.


      Base salary will be identified in annual appointment documents for each 
faculty member.  Base salary may only be changed as expressly provided in 
these Regulations.  Other provisions permit reduction of base salary in case 
of financial exigency or disciplinary action.

      Tenured or tenure-track faculty whose appointments are partially supported 
by grant funds will continue to hold their full base salaries. 


      The current base salary of faculty members will be guaranteed under this 
system.  Salary increases would be either permanent (added to base) or 
temporary (for one year or a period of years only), as is already permissible.  
The change simply clarifies this practice and provides official language to 
describe it.  New faculty members would have base and temporary elements of 
their salaries identified in the letter of offer and in the initial appointment 
documents.


      The appropriate Senate committees will annually review the methods used 
to allocate salary increases between additions to base and temporary increases 
and will make necessary recommendations to the Senate and administration.



MOTION E:   


	To amend Section 5.1 as follows:  (new language is in CAPS; language to 
be deleted is struck out)

Section 5.  Maximum Period of Probationary Service
	5.1  General rule.  To give the University ample opportunity to 
determine the qualification of those faculty members whom it is considering for 
regular appointment with indefinite tenure, the maximum period of probationary 
service of a faculty member is NORMALLY six academic years, whether consecutive 
or not.  THE FACULTY ASSEMBLY OF A COLLEGIATE UNIT MAY PROPOSE TO ALTER THE 
MAXIMUM PROBATIONARY PERIOD FOR ALL OF THAT COLLEGE, OR FOR CERTAIN UNITS 
WITHIN IT, TO NO MORE THAN NINE YEARS.  THE TENURED FACULTY OF A COLLEGE, BY 
SIMPLE MAJORITY VOTE TAKEN BY SECRET BALLOT, MAY ADOPT SUCH A CHANGE, WITH THE 
APPROVAL OF THE DEAN AND OF THE SENIOR ACADEMIC ADMINISTRATOR.  ANY SUCH CHANGE 
IN THE MAXIMUM PROBATIONARY PERIOD APPLIES TO ALL PROBATIONARY FACULTY HIRED IN 
THAT COLLEGE (OR THOSE UNITS) AFTER THE DECISION, BUT ANY INCUMBENT PROBATIONARY 
FACULTY MEMBER MAY CHOOSE TO BE CONSIDERED UNDER THE NEW RULE.  At the end of 
this six-year PROBATIONARY period, the faculty member must either be given a 
regular appointment with indefinite tenure or a one-year terminal appointment. 


Comment


      The amendment would formally permit collegiate units to extend the 
probationary period from six to nine years by general rule.  Many colleges 
will wish to retain the current six-year maximum, while others may see 
advantages in a longer probationary period.  It would thus recognize officially 
a practice which has been allowed by special interpretation of the Tenure 
Committee in the past few years.  This recognizes the problems in some units of 
the University in which the ability to obtain external research support is a 
major consideration in the research element of the tenure decision.  The design 
of research projects for which the probationary professor is to be a principal 
investigator and procurement of funding for them sometimes requires several 
years.  The six-year probationary period is felt by many in those colleges to 
cut short the effective time for evaluation of the candidate's performance.  
The extension of time is believed to be necessary to permit full consideration 
of the candidates' qualifications.


      A proposal to extend the probationary period would be made by the faculty 
assembly or similar body, and would require approval by the tenured faculty 
of the college, by its dean, and by the provost (or equivalent official).  
Current probationary faculty members could decide to be governed by the old 
or by the new rule.


	A college could later decide to return to the general six-year pattern, 
following the same procedures.  Again, incumbent probationary faculty could 
choose to be governed by the old system or the new one.


      Other provisions of the current Tenure Regulations for "stopping the 
tenure clock, "would not be affected.  In those cases, the probationary faculty 
member would have an addition to the maximum probationary period for the 
collegiate unit as established under this section.


MOTION F:	

	To add a new Section 13.5 as follows:  (entire text is new)


Section 13.  Judicial Committee
13.5  LEGAL OFFICER.  THE JUDICIAL COMMITTEE SHALL HAVE ITS OWN LEGAL 
OFFICER, APPOINTED BY THE JUDICIAL COMMITTEE IN CONSULTATION WITH THE PRESIDENT 
OR THE PRESIDENT'S DELEGATE.  THE LEGAL OFFICER SHALL NOT BE A MEMBER OF THE 
UNIVERSITY GENERAL COUNSEL'S OFFICE.  THE LEGAL OFFICER ASSISTS THE JUDICIAL 
COMMITTEE IN THE EFFICIENT CONDUCT OF ITS WORK AND IN THE PREPARATION OF ITS 
REPORTS AND PERFORMS ADDITIONAL FUNCTIONS AS AUTHORIZED BY THE JUDICIAL 
COMMITTEE. THE LEGAL OFFICER MAY BE PRESENT AND PARTICIPATE IN THE DELIBERATION 
OF A PANEL, BUT SHALL HAVE NO  VOTE. IN THE CASE OF THE ABSENCE OR 
DISQUALIFICATION OF THE LEGAL OFFICER, A DEPUTY MAY PERFORM THE FUNCTIONS 
OF THE OFFICE.



Comment


      Over the past two decades, parties before the Judicial Committee have 
increasingly been represented by attorneys.  As a result, the Committee has 
consulted with independent counsel to assist it in carrying out its functions.  
This amendment recognizes the position of a Legal Officer to assist the 
Judicial Committee in its work.


      The Legal Officer gives legal advice to the Committee, independent of 
the legal advice supplied by the University's General Counsel Office to 
administrative officers in the proceedings.  At the Committee's discretion, 
the Legal Officer may preside at hearings and perform other functions.  
The Committee will appoint a Deputy Legal Officer in case of the absence or 
disqualification of the Legal Officer. 


      The amendment makes clear that the Legal Officer does not vote and
that decisions are made by members of the Committee.  The function of the 
Legal Officer is to advise the Committee in making proceedings fair and 
efficient.



MOTION G:


	To amend Sections 14.1 through 14.5 as follows: (new language is in 
CAPS; language to be deleted is struck out)


Section 14.  Procedures in Cases of Unrequested Leave of Absence or
Termination or Suspension of a Faculty Appointment for Cause.
	14.1  Preliminary Proceedings.  Only a dean (new footnote **) or 
an academic administrator specially designated by the SENIOR Vice President 
FOR ACADEMIC AFFAIRS OR BY THE SENIOR ACADEMIC ADMINISTRATOR may initiate 
proceedings leading to unrequested leave of absence or to suspension or removal 
OR TO TEMPORARY OR PERMANENT REDUCTION IN SALARY OR RANK.  The administrator 
DEAN must first attempt to discuss and resolve the matter with the faculty 
member involved.  The administrator DEAN must then submit the matter to the
tenured faculty of the academic unit involved for their recommendation.  
(The tenured faculty may decide to submit the issue to the entirefaculty 
of the unit.)
	If the SENIOR Vice President FOR ACADEMIC AFFAIRS and the Faculty 
Senate have expressly approved the submission of allegations of the violation 
of a specified policy to another body for preliminary recommendation in place 
of submission to the tenured faculty of the academic unit, the administrator 
DEAN must submit the matter to that body for its recommendation.  Both the 
administrator DEAN and the faculty member may, submit their views, in person 
or in  writing, to the body making the recommendation, but neither of them may 
participate in the deliberation  or vote.  The body making the recommendation 
DOES SO BY SECRET BALLOT AND makes a  written report to the administrator 
DEAN within 40 days of the submission of the issue to it, indicating the number 
of votes for and against the proposed action and the reasons articulated. 
Within 15 days after receiving the report, the administrator makes a 
written recommendation to the Vice President.  After receiving 
the report the administrator makes a written recommendation to the Vice 
President.  The recommendation must include a copy of the report of the panel 
or of the tenured faculty, as the case may be.  A copy of the report 
must be sent to the SENIOR ACADEMIC ADMINISTRATOR AND TO THE faculty member. 


14.2  Formal action.  After receiving the administrator's recommendation and 
giving the faculty member an opportunity to comment, the Vice President will 
decide whether to proceed.  WITHIN 40  DAYS AFTER RECEIVING THE RECOMMENDATION 
OF THE TENURED FACULTY OR OTHER BODY, THE DEAN MUST DECIDE WHETHER TO PROCEED 
WITH FORMAL ACTION.  BEFORE TAKING FORMAL ACTION, THE DEAN MUST CONSULT WITH 
THE SENIOR ACADEMIC ADMINISTRATOR.  If the Vice President DEAN does not proceed 
within 40 days, the charges are dropped and the faculty member and the academic 
unit are so notified in writing.  If the Vice President DEAN decides to 
proceed with formal action, the Vice PresidentDEAN must give written notice to 
the faculty member.  The notice must specify the action proposed, identify the 
specific grounds upon which it has been taken, and summarize the evidence in 
support. It must inform the faculty member of the right to request a hearing 
before the Judicial Committee and advise the faculty member of the applicable 
time limit for making such a request.  If the faculty member does not request a 
hearing within 30 days, the President may take the action proposed in the 
Vice President's DEAN'S notice, without further right to a hearing.

14.3  Judicial Committee Hearing.  The faculty member may request a 
hearing before the Judicial Committee by written request to the Chair of the 
Committee, filed within 30 days of the notice.  The Judicial Committee may
extend the 30 day period for good cause.  The Vice President designates the 
administrator who DEAN will present BE RESPONSIBLE FOR PRESENTING the case.  
The administrator DEAN has the burden of proving the case for the proposed 
action by clear and convincing evidence and also has the burden of demonstrating 
the appropriateness of the proposed action, rather than some lesser measure.  
The Judicial Committee makes written findings of fact, conclusions, and a 
recommendation for the disposition of the case.  If the Committee finds that 
action is warranted, it may recommend action which THAT is less severe than 
that requested in the written notice, INCLUDING, BUT NOT LIMITED TO, PERMANENT 
OR TEMPORARY REDUCTION IN SALARY OR RANK including action which 
does not involve the termination or suspension of an appointment.  It may 
not recommend more severe measures than those proposed in the Vice President's 
DEAN'S notice.  The Judicial Committee sends its report to the President with 
copies to the faculty member and the administrator, THE DEAN AND THE 
SENIOR ACADEMIC ADMINISTRATOR.


14.4  Action by the President.  The President must give the faculty member 
and the administrator DEAN the opportunity to submit written comments on the 
report and to make oral presentations.  In determining what action to  take, 
the President may consult privately with any administrators, including attorneys, 
who have had no previous responsibility for the decision at issue in the case 
and have not participated in the presentation of the matter to the Judicial 
Committee.  The President may not discuss the case with any administrator who 
was responsible for the decision at issue or who participated in the 
presentation of the matter to the Judicial Committee.  Such administrators 
may communicate with the President in writing, but only if the full text of 
the communication is given to the faculty member and the faculty member is 
given a reasonable opportunity to respond to it.
	The President shall not take action materially different from that 
recommended by the panel unless, prior to the action, the President has 
consulted with the committee.  The parties and their representatives shall 
not be present at any meeting between the president and the committee nor 
shall their consent be required for such meeting.

	In addition, the President may request the Judicial Committee to make 
further findings of fact, to clarify its recommendations or to reconsider 
its interpretation.  The reconsideration will be made by those who have 
heard all of the evidence in the case, but the full Judicial Committee may 
consult with them on questions of general policy.

	The President may impose the action recommended by the Committee, or 
any lesser measure which appears to be appropriate.  The President may 
impose action less favorable to the faculty member only for compelling 
reasons, which must be stated in writing, with specific detailed reference 
to the report of the Judicial Committee, the evidence presented, and the 
policies involved.  The President's written statement must be given to the 
faculty member and to the Judicial Committee.  Unless the faculty member 
requests confidentiality, its full text must be published in the next docket 
of the Faculty Senate; if the faculty member requests confidentiality a 
summary of the relevant considerations must be so published without 
identification of the faculty member.

	14.5  Appeal REPORT to the Board of Regents.  THE PRESIDENT SHALL 
REPORT ANY ACTION WHICH INVOLVES THE TERMINATION OR SUSPENSION OF AN 
APPOINTMENT FOR CAUSE OR AN UNREQUESTED LEAVE OF ABSENCE TO THE BOARD OF 
REGENTS, AND SHALL INCLUDE THE REPORT OF THE JUDICIAL COMMITTEE.  If the action 
involves removal or if the action involves a sanction more severe than that 
recommended by the Judicial Committee, the faculty member may appeal to the 
Board of Regents.  In cases in which the President imposes a sanction more 
severe than that recommended by the Judicial Committee, the faculty member
and the President may present to the Board evidence with respect to issues 
on which the President differs from the recommendation of the Judicial 
Committee.  The request for a hearing must be made to the Secretary of the 
Board within 10 days of the President's action.



Footnote

(**)	NEW FOOTNOTE TO ITEM SECTION 14.1: THROUGHOUT THIS SECTION THE WORD 
        "DEAN" MEANS THE DEAN OF THE COLLEGIATE UNIT OR OTHER EQUIVALENT 
        OFFICER OR AN  ACADEMIC ADMINISTRATOR SPECIALLY DESIGNATED FOR THIS 
        PURPOSE BY THE SENIOR ACADEMIC ADMINISTRATOR OR BY THE SENIOR VICE 
        PRESIDENT FOR ACADEMIC AFFAIRS.



Comment


      This amendment is intended to simplify proceedings for unrequested leaves 
of absence, suspensions, or terminations. Many believe that these proceedings 
are unduly time-consuming and cumbersome as presently designed.


      Under the present policy, before a dean's decision to seek termination or 
suspension of a faculty member can be made effective, that decision must be 
reviewed by (1) the tenured faculty of the department, (2) the Vice President 
(in the future:  the Provost or Chancellor), (3) by the Judicial Committee, 
(4) by the President, and finally (5) by the Board of Regents.  This five-step 
procedure builds so many safeguards into the process that serious cases may be
jeopardized.


      This proposal eliminates steps (2) and (5). 


      The new version retains the processes which we believe to be most 
important:  (1) review of the proposal by the tenured faculty of the unit, 
(2) review by the Judicial Committee and all-University panel of tenured 
faculty who will hear all of the evidence, and (3) final action by the 
President.  We believe that three steps of review is sufficient within the 
University system.  Both of the steps that have been deleted simply contributed 
to unnecessarydelay.


	The new version places administrative responsibility for pursuing the 
case in the hands of the dean.  While retaining overall responsibility for 
the conduct of the case, the dean may delegate to others the duty of presenting 
it before the tenured faculty and the Judicial Committee.


      The new version also clarifies the authority of the Judicial Committee to 
recommend sanctions less severe than suspension or removal, if it finds that a 
faculty member charged with misconduct is culpable, but that the extreme 
sanctions of removal or suspension are disproportionate to the offense. 


MOTION H:


	To add a new Section 7A and amend Section 15.1, as follows:  (new
language is in CAPS)

Add a new Section 7A, as follows:


SECTION 7A.  PEER REVIEW OF FACULTY PERFORMANCE
7A.1.  GOALS AND EXPECTATIONS.  THE FACULTY OF EACH ACADEMIC
UNIT MUST ESTABLISH GOALS AND EXPECTATIONS FOR ALL FACULTY MEMBERS, 
INCLUDING GOALS AND EXPECTATIONS REGARDING TEACHING, SCHOLARLY PRODUCTIVITY, 
AND CONTRIBUTIONS TO THE SERVICE AND OUTREACH FUNCTIONS OF THE UNIT.  THE 
FACTORS TO BE CONSIDERED WILL PARALLEL THOSE USED BY THE UNIT IN THE 
GRANTING OF TENURE, BUT WILL TAKE INTO ACCOUNT THE DIFFERENT STAGES OF
PROFESSIONAL DEVELOPMENT OF FACULTY.  THE GOALS AND EXPECTATIONS WILL
BE ESTABLISHED IN ACCORDANCE WITH STANDARDS ESTABLISHED BY THE
UNIVERSITY SENATE. THEY CAN PROVIDE FOR FLEXIBILITY, SO THAT SOME FACULTY
MEMBERS CAN CONTRIBUTE MORE HEAVILY TO THE ACCOMPLISHMENT OF ONE
MISSION OF THE UNIT AND OTHERS TO THE ACCOMPLISHMENT OF OTHER MISSIONS.
THE GOALS AND EXPECTATIONS SHALL NOT VIOLATE THE INDIVIDUAL FACULTY
MEMBER'S ACADEMIC FREEDOM IN INSTRUCTION OR IN THE SELECTION OF TOPICS
OR METHODS FOR RESEARCH.  THEY SHALL INCLUDE REASONABLE INDICES OF
ACCEPTABLE PERFORMANCE IN EACH OF THE AREAS (E.G., TEACHING
CONTRIBUTIONS AND EVALUATIONS, SCHOLARLY PRODUCTIVITY, SERVICE,
GOVERNANCE AND OUTREACH ACTIVITIES).  THE DEAN REVIEWS THE GOALS AND
EXPECTATIONS OF EACH UNIT AND MAY REQUEST CHANGES TO MEET THE
STANDARDS OF THE UNIVERSITY AND OF THE COLLEGIATE UNIT.


7A.2.  ANNUAL REVIEW.  EACH ACADEMIC UNIT, THROUGH ITS MERIT REVIEW
PROCESS (ESTABLISHED IN ACCORDANCE WITH THE STANDARDS ADOPTED BY THE
SENATE), ANNUALLY REVIEWS WITH EACH FACULTY MEMBER THE PERFORMANCE OF
THAT FACULTY MEMBER IN LIGHT OF THE GOALS AND EXPECTATIONS OF THE 
ACADEMIC UNIT ESTABLISHED UNDER SECTION 7A.1.  THIS REVIEW IS USED FOR
SALARY ADJUSTMENT AND FACULTY DEVELOPMENT.  THE FACULTY MEMBER WILL
BE ADVISED OF THE EVALUATION AND, IF APPROPRIATE, OF ANY STEPS THAT SHOULD
BE TAKEN TO IMPROVE PERFORMANCE AND WILL BE PROVIDED ASSISTANCE IN THAT
EFFORT.
	IF THE HEAD OF THE UNIT AND A PEER MERIT REVIEW COMMITTEE ELECTED FOR
ANNUAL MERIT REVIEW WITHIN THAT UNIT BOTH FIND A FACULTY MEMBER'S
PERFORMANCE TO BE SUBSTANTIALLY BELOW THE GOALS AND EXPECTATIONS
ADOPTED BY THAT UNIT, THEY SHALL ADVISE THE FACULTY MEMBER IN WRITING,
INCLUDING SUGGESTIONS FOR IMPROVING PERFORMANCE, AND ESTABLISH A TIME
PERIOD (OF AT LEAST ONE YEAR) WITHIN WHICH IMPROVEMENT SHOULD BE
DEMONSTRATED.


7A.3.  SPECIAL PEER REVIEW IN CASES OF ALLEGED SUBSTANDARD
 PERFORMANCE BY TENURED FACULTY.  IF, AT THE END OF THE TIME PERIOD
FOR IMPROVEMENT DESCRIBED IN THE PREVIOUS PARAGRAPH, A TENURED FACULTY
MEMBER'S PERFORMANCE CONTINUES TO BE SUBSTANTIALLY BELOW THE GOALS AND
EXPECTATIONS OF THE UNIT AND THERE HAS NOT BEEN A SUFFICIENT IMPROVEMENT
OF PERFORMANCE, THE HEAD OF THE ACADEMIC UNIT AND THE ELECTED PEER
MERIT REVIEW COMMITTEE MAY JOINTLY REQUEST THE DEAN TO INITIATE A SPECIAL
PEER REVIEW OF THAT FACULTY MEMBER.  BEFORE DOING SO, THE DEAN SHALL
INDEPENDENTLY REVIEW THE FILE TO DETERMINE THAT SPECIAL PEER REVIEW IS
WARRANTED.  (IN THE CASE OF AN ACADEMIC UNIT THAT IS ALSO A COLLEGIATE
UNIT, THE REQUEST SHALL BE MADE TO AND THE REVIEW CONDUCTED BY THE
RESPONSIBLE SENIOR ACADEMIC ADMINISTRATOR.) 
	THE SPECIAL PEER REVIEW SHALL BE CONDUCTED BY A PANEL OF FIVE 
TENURED FACULTY MEMBERS OF EQUAL OR HIGHER RANK, SELECTED TO REVIEW THAT 
INDIVIDUAL.  THE FACULTY MEMBER UNDER REVIEW SHALL HAVE THE OPTION TO 
APPOINT ONE MEMBER.  THE REMAINING MEMBERS SHALL BE ELECTED BY SECRET 
BALLOT BY THE TENURED FACULTY OF THE UNIT.  THE MEMBERS OF THE SPECIAL 
REVIEW PANEL NEED NOT BE MEMBERS OF THE ACADEMIC UNIT.  THE SPECIAL
REVIEW PANEL SHALL PROVIDE ADEQUATE OPPORTUNITY FOR THE FACULTY
MEMBER TO PARTICIPATE IN THE REVIEW PROCESS AND SHALL CONSIDER
ALTERNATIVE MEASURES THAT WOULD ASSIST THE FACULTY MEMBER TO IMPROVE
PERFORMANCE.  THE TENURE SUBCOMMITTEE MAY ADOPT RULES AND PROCEDURES
REGULATING THE CONDUCT OF SUCH REVIEWS.
	THE SPECIAL REVIEW PANEL SHALL PREPARE A REPORT ON THE TEACHING,
SCHOLARSHIP, SERVICE, GOVERNANCE, AND (WHEN APPROPRIATE) OUTREACH
PERFORMANCE OF THE FACULTY MEMBER.  IT WILL ALSO IDENTIFY ANY SUPPORTING
SERVICE OR ACCOMMODATION THAT THE UNIVERSITY SHOULD PROVIDE TO ENABLE
THE FACULTY MEMBER TO IMPROVE PERFORMANCE.  DEPENDING ON ITS FINDINGS,
THE PANEL MAY RECOMMEND:

	(A) THAT THE PERFORMANCE IS ADEQUATE TO MEET STANDARDS AND THAT
	    THE REVIEW BE CONCLUDED;
	(B) THAT THE ALLOCATION OF THE FACULTY MEMBER'S EXPECTED EFFORT
	    AMONG THE TEACHING, RESEARCH, SERVICE AND GOVERNANCE FUNCTIONS
	    OF THE UNIT BE ALTERED IN LIGHT OF THE FACULTY MEMBER'S STRENGTHS
	    AND INTERESTS SO AS TO MAXIMIZE THE FACULTY MEMBER'S
	    CONTRIBUTION TO THE MISSION OF THE UNIVERSITY;
	(C) THAT THE FACULTY MEMBER UNDERTAKE SPECIFIED STEPS TO IMPROVE
	    PERFORMANCE, SUBJECT ONLY TO FUTURE REGULAR ANNUAL REVIEWS AS
	    PROVIDED IN SECTION 7A.2.;
	(D) THAT THE FACULTY MEMBER UNDERTAKE SPECIFIED STEPS TO IMPROVE
	    PERFORMANCE SUBJECT TO A SUBSEQUENT SPECIAL REVIEW UNDER
	    SECTION 7A.3, TO BE CONDUCTED AT A SPECIFIED FUTURE TIME;
	(E) THAT THE FACULTY MEMBER'S PERFORMANCE IS SO INADEQUATE AS TO
	    JUSTIFY LIMITED REDUCTIONS OF SALARY, AS PROVIDED IN SECTION 7A.4;
	(F) THAT THE FACULTY MEMBER'S PERFORMANCE IS SO  INADEQUATE THAT
	    THE DEAN SHOULD COMMENCE FORMAL PROCEEDINGS FOR TERMINATION
	    OR INVOLUNTARY LEAVE OF ABSENCE AS PROVIDED IN SECTIONS 10 AND
	    14; OR
	(G) SOME COMBINATION OF THESE MEASURES.

THE PANEL WILL SEND ITS REPORT TO THE DEAN, THE HEAD OF THE ACADEMIC UNIT,
AND THE FACULTY MEMBER.  WITHIN 30 WORK DAYS OF RECEIVING THE REPORT, THE
FACULTY MEMBER MAY APPEAL TO THE JUDICIAL COMMITTEE, WHICH SHALL
REVIEW THE REPORT IN A MANNER ANALOGOUS TO THE REVIEW OF TENURE
DECISIONS (SEE SECTION 7.7).


7A.4.  SALARY REDUCTIONS.  IF THE SPECIAL REVIEW PANEL RECOMMENDS THAT
THE FACULTY MEMBER'S PERFORMANCE IS SO INADEQUATE TO JUSTIFY LIMITED
REDUCTIONS OF BASE SALARY, THE HEAD OF THE ACADEMIC UNIT, WITH THE
APPROVAL OF THE DEAN, MAY REDUCE THE FACULTY MEMBER'S BASE PAY, SUBJECT
TO THE FOLLOWING LIMITATIONS:

	(A) THE AMOUNT OF THE DECREASE WILL NOT EXCEED 10% OF THE FACULTY
	    MEMBER'S BASE SALARY ON THE BASIS OF ANY ONE SPECIAL REVIEW;
	(B) BASE SALARY MAY NOT BE REDUCED BY MORE THAN 25% FROM THE 
	    HIGHEST LEVEL OF BASE PAY EVER HELD BY THE FACULTY MEMBER;
	(C) AT LEAST SIX MONTHS' NOTICE OF THE DECREASE MUST BE GIVEN;
	(D) ANY DECREASE IN SALARY MAY BE RESTORED BY THE ANNUAL REVIEW
	    PROCESS PROVIDED IN SECTION 7A.2.

WITHIN 30 WORK DAYS OF NOTICE OF THE DECREASE, THE FACULTY MEMBER MAY
APPEAL THIS ACTION TO THE JUDICIAL COMMITTEE, WHICH SHALL REVIEW THE
ACTION AND THE RECOMMENDATION LEADING TO IT.  IT IN A MANNER ANALOGOUS
TO THE REVIEW OF TENURE DECISIONS (SEE SECTION 7.7).  THIS REVIEW MAY NOT
RECONSIDER MATTERS ALREADY DECIDED BY THE JUDICIAL COMMITTEE UNDER
SECTION  7A.3.
	ANY DECREASE IN BASE PAY BEYOND THE LIMITS SPECIFIED IN THIS SUBSECTION
CAN ONLY BE IMPOSED PURSUANT TO SECTIONS 10 AND 14.



Amend Section 15, as follows:

Section 15.  Appeals to the Judicial Committee
	15.1.  Right to Review.  Any faculty member who claims that his
or her rights or status under these regulations have been adversely affected 
without his or her consent may seek review before the Judicial Committee.  
Cases arising under Sections 7, 7A ("7A" was added to this section), 10, 
or 11 may be brought directly to the Judicial Committee.  In other cases 
the faculty member must exhaust all other available University remedies 
before bringing the case to the Judicial Committee; the Judicial Committee 
will not proceed with such a case until the appropriate
University body has either decided it or has refused to consider it.



Comment


      This amendment makes formal provision for review of  faculty performance.
 The section provides for two forms of review:  annual review of every faculty
member and special review of faculty members whose performance is substantially
below the goals and expectations adopted by the faculty of the department.


      This system of post-tenure review builds on the existing system of annual
reviews.  That review involves establishment of departmental standards by the
faculty of the unit and annual review of individual faculty members.  This
system of annual review may be further elaborated by the Senate and University
administration.  It is a critical element of this process and must be carefully
followed in all units.


      Under this proposal, there will be a regular annual review of each
faculty member.  More intensive special reviews will be reserved for those
instances in which the regular review process reveals serious deficiencies in
the faculty member's performance and the deficiencies are not corrected.  If
those deficiencies continue, the department can ask the dean to initiate
special review.  Before doing so, the dean will independently review the
case.


      If such special review is necessary, the faculty member will be notified
and given an opportunity to name a member of the review panel and to
participate in the review. The review will be conducted by a panel of  faculty
elected by the tenured faculty of the unit, together with one member selected
by the faculty member under review.  The Tenure Subcommittee can establish more
detailed procedural guidelines for such special review committees.  The review
could reaffirm the quality of the faculty member's performance or could
identify shortcomings which the faculty member ought to address.  It may also
identify assistance or accommodation that may be necessary to enable the
faculty member to provide the best service possible to the University.  The
review  is intended as a positive and proactive measure that can assist faculty
members in realizing their full potential.


      This form of review is intended to deal primarily with cases of
substandard, but not totally inadequate, performance.  In cases of substandard
performance, the post-tenure review could lead to a salary reduction for the
individual, subject to some limitations.  In response to a special review
recommendation, the department could begin proceedings to terminate the
appointment for "failure to perform reasonably assigned duties adequately" as
provided in sections 10 and 14.  This provision does not, however, limit the
direct applicability of sections 10 and 14 without resorting to special review,
if the facts justify that action.


      The regularity of the review is subject to appeal to the Judicial
Committee under section 15.  As in tenure denial cases,  the Judicial Committee
will review the proceedings to ensure procedural regularity, absence of
discrimination, and the protection of academic freedom, but will not substitute
its judgment on the merits.




MOTION  I:


	To amend Section 7.11 as follows: (New language is in CAPS; language to be
deleted is struck out.  Footnotes will be renumbered to
conform to the remainder of the Regulations.)



Section 7.  Personnel Decisions Concerning Probationary Faculty
	7.11  General Criteria.  The basis for awarding indefinite
tenure is the determination that the achievements of an individual have 
demonstrated the individual's potential to continue to contribute
significantly to the mission of the University (FOOTNOTE 1) and to its
programs of teaching, research, and service, over the course of the faculty 
member's academic career.(footnote 2)  The primary(footnote 3) criteria for 
demonstrating this potential are effectiveness in teaching (footnote 4) 
and professional distinction in research (footnote 5); outstanding
discipline-related service (footnote 6) contributions will also be taken 
into account where they are an integral part of the mission of the
academic unit.  The relative importance of the criteria may vary in
different academic units, but each of the criteria must be considered in 
every decision. (footnote 7) 
	The individual's participation in the governance of the institution and 
other services to the University and service to the academic unit may be 
taken into consideration, but are not themselves bases for awarding tenure.
	Indefinite tenure may be granted at any time when the candidate has
satisfied the requirements.  A probationary appointment must be terminated 
when the appointee fails to satisfy the criteria in the last year of 
probationary service and may be terminated earlier if it appears that the 
appointee is not making satisfactory progress toward meeting the criteria 
within that period.


Footnotes

(1)	THE MISSION OF THE UNIVERSITY INCLUDES, WHERE APPROPRIATE, OUTREACH
        ACTIVITY THAT EXTENDS A FACULTY MEMBER'S TEACHING, RESEARCH AND SERVICE 
        BEYOND THE CAMPUS OR TO NONTRADITIONAL GROUPS OF STUDENTS AND CITIZENS.  
        NOT EVERY FACULTY MEMBER WILL HAVE OUTREACH RESPONSIBILITIES.

(2)	For interpretation and possible applications, see the interpretative
        comment that will be provided in accordance with the provisions of 
        Section 16.2.

(3)	Criteria other than those expressly listed in this sentence must be
        explicitly stated and justified in terms of the mission of the 
        University.  Such additional criteria may not impinge upon the 
        academic freedom of the probationary faculty member.

(4)	"Teaching" is not limited to credit-producing classroom instruction. It
        encompasses other forms of communication of knowledge (both to students
        registered in the University and to other persons in the community) 
        as well as the supervision or advising of individual graduate or 
        undergraduate students.

(5)	"Research" is not limited to the publication of scholarly works.  It
        includes activities which lead to the public availability of products 
        or practices which have a significance to society, such as artistic 
        production or the development of new technology or scientific 
        procedures.

(6)	"Service" means performance within the faculty member's academic 
        expertise and the mission of the academic unit.  It does not include 
        performance of quasi-administrative  functions such as membership 
        on faculty or Senate committees or other similar activities;  
        those activities are relevant only to the limited extent set forth 
        in the following paragraph  OF THE TEXT.  Where service is not an 
        integral part of the mission of the academic unit, a faculty
        member's service may be considered, but is not a prerequisite to 
        the awarding of tenure.

(7)	Because of the special mission of the Crookston and Waseca
        campuses CAMPUS, disciplined inquiry in their field of 
        endeavor may be substituted for research in appraising faculty 
        members there.

Other exceptions may be made only in exceptional circumstances by means of
special contract, as provided in section 3.6.



Comment


	This amendment formally recognizes the outreach mission of the 
University and includes it in the qualifications for tenure.  As the 
footnote indicates, outreach can be part of the teaching, research, 
or service functions of the University.  It is important to note that 
our mission is not only campus-based, nor is it limited to our traditional 
academic environments, but can also involve communication of teaching, 
research, and service throughout the community that we serve.


	While this amendment recognizes the outreach mission of the 
University, it does not require any faculty member to add outreach to 
other functions performed.  Many faculty members have outreach activities 
and will continue to do so; others will continue to function entirely in 
more traditional teaching, research, and service.



MOTION J: 


	To add the following paragraphs at the beginning of the document:  
(The entire item is new.)


PREAMBLE

	THE BOARD OF REGENTS ADOPTS THESE REGULATIONS WITH THE CONVICTION
THAT A WELL-DEFINED STATEMENT OF RULES IS ESSENTIAL TO THE PROTECTION OF
ACADEMIC FREEDOM AND TO THE PROMOTION OF EXCELLENCE IN THIS UNIVERSITY.
A WELL DESIGNED PROMOTION AND TENURE SYSTEM ENSURES THAT
CONSIDERATIONS OF ACADEMIC QUALITY WILL BE THE BASIS FOR ACADEMIC
PERSONNEL DECISIONS, AND THUS PROVIDES THE FOUNDATION FOR ACADEMIC
EXCELLENCE.
	TENURE IS THE KEYSTONE FOR ACADEMIC FREEDOM; IT IS ESSENTIAL FOR
SAFEGUARDING THE RIGHT OF FREE EXPRESSION AND FOR ENCOURAGING
RISK-TAKING INQUIRY AT THE FRONTIERS OF KNOWLEDGE.  BOTH TENURE AND
ACADEMIC FREEDOM ARE PART OF AN IMPLICIT SOCIAL COMPACT WHICH
RECOGNIZES THAT TENURE SERVES IMPORTANT PUBLIC PURPOSES AND BENEFITS
SOCIETY.  THE PEOPLE OF MINNESOTA ARE BEST SERVED WHEN FACULTY ARE FREE
TO TEACH, CONDUCT RESEARCH, AND PROVIDE SERVICE WITHOUT FEAR OF REPRISAL
AND TO PURSUE THOSE ACTIVITIES WITH REGARD FOR LONG TERM BENEFITS TO
SOCIETY RATHER THAN SHORT TERM REWARDS.  IN RETURN, FACULTY HAVE THE
RESPONSIBILITY OF FURTHERING THE INSTITUTION'S PROGRAMS OF RESEARCH,
TEACHING, AND SERVICE, AND ARE ACCOUNTABLE FOR THEIR PERFORMANCE OF
THESE RESPONSIBILITIES.  ADDITIONALLY, A WELL-DESIGNED TENURE SYSTEM
ATTRACTS CAPABLE AND HIGHLY QUALIFIED INDIVIDUALS AS FACULTY MEMBERS,
STRENGTHENS INSTITUTIONAL STABILITY BY ENHANCING FACULTY
MEMBERS'INSTITUTIONAL LOYALTY, AND ENCOURAGES ACADEMIC EXCELLENCE BY
RETAINING AND REWARDING THE MOST ABLE PEOPLE.  TENURE AND PROMOTION
IMPLY SELECTIVITY AND CHOICE; THEY ARE AWARDED FOR ACADEMIC AND
PROFESSIONAL MERIT, NOT FOR SENIORITY.  THE LENGTH AND INTENSITY OF THE
REVIEW LEADING TO THE GRANT OF TENURE ENSURES THE RETENTION ONLY OF
WELL-QUALIFIED FACULTY COMMITTED TO THE UNIVERSITY'S MISSION.
	THE IDEAL ATTRIBUTES OF THE COLLECTIVE FACULTY OF ANY UNIT ARE
SCHOLARLY CREATIVITY, PROFESSIONAL COMPETENCE AND LEADERSHIP,
INTELLECTUAL DIVERSITY, THE ABILITY AND DESIRE TO TEACH EFFECTIVELY AND
THE WILLINGNESS TO COOPERATE WITH OTHER UNITS IN PROMOTING THE WORK AND
WELFARE OF THE UNIVERSITY AS A WHOLE. THE ADMINISTRATION AND FACULTY
SHOULD ENSURE, WITHIN EACH UNIT, NOT ONLY A PROPER BALANCE AMONG THESE
ACTIVITIES BUT ALSO THE MAINTENANCE OF EACH AT THE HIGHEST LEVEL,
TOGETHER WITH ACCOUNTABILITY AND SUITABLE RECOGNITION OF INDIVIDUAL
ACHIEVEMENT AND SERVICE.
	THE TENURE REGULATIONS PROVIDE A COMPREHENSIVE SET OF POLICIES DEALING
WITH THE RELATIONSHIP BETWEEN THE UNIVERSITY AND ITS FACULTY.  THE
REGULATIONS CLASSIFY THE FACULTY AS TENURED, PROBATIONARY AND TERM.
THEY PROVIDE FOR ANNUAL PERFORMANCE REVIEWS OF ALL FACULTY, AS WELL AS
ESPECIALLY THOROUGH REVIEWS BEFORE THE GRANTING OF TENURE, ON
PROMOTION IN RANK, AND WHEN THE PERFORMANCE OF A TENURED FACULTY
MEMBER IS ALLEGED TO BE SUBSTANDARD.  THEY PROVIDE FOR THE REASSIGNMENT
OF FACULTY IN CASE OF THE REORGANIZATION OF THE UNIVERSITY OR CHANGES IN
ITS SCHOLARLY DIRECTION, AND FOR DISCIPLINE WHEN A FACULTY MEMBER FAILS
TO MEET PRESCRIBED STANDARDS OF CONDUCT.

Comment


	This amendment adds a preamble to the Tenure Regulations.  The preamble 
sets forth, in general terms, the purposes and benefits of tenure.  This 
provides a general introduction to the Regulations and provides members 
of the public who read those Regulations with an understanding of the 
importance of this institution.  (We have heard from many sources that 
members of the public do not understand that purpose at present.)

      The first two paragraphs of the proposal are drawn from ideas 
articulated in the Tenure Regulations of Penn State University; the 
third paragraph is adapted from the MIT Code.  The final paragraph 
provides an introduction and description for these University of 
Minnesota Tenure Regulations.




MOTION K:


	To add a new Section 2.3 and delete current footnotes 1, 2, 3 (as
amended) and 11, as follows:  (New language is in CAPS; language to be deleted
is struck out)


 

Section 2.  Applicability of Regulations and Continuity of
Appointments
	SECTION 2.3 DEFINITIONS.  AS USED IN THESE REGULATIONS,
	(A) AN "ACADEMIC UNIT" IS A DEPARTMENT OR SIMILAR UNIT.  A SCHOOL,
	    COLLEGE OR DIVISION THAT IS NOT FURTHER SUBDIVIDED IS ALSO AN
	    ACADEMIC UNIT.
	(B) THE "HEAD" OF AN ACADEMIC UNIT IS THE ACADEMIC ADMINISTRATOR
	    IMMEDIATELY RESPONSIBLE FOR IT, SUCH AS A CHAIR, HEAD OR DIRECTOR.
	(C) A "COLLEGIATE UNIT" OR "COLLEGE" IS A MAJOR ACADEMIC ENTITY OF THE
	    UNIVERSITY.  IT MAY BE A COLLEGE, SCHOOL, INSTITUTE OR CAMPUS.
	(D) THE "DEAN" OF A COLLEGIATE UNIT IS THE ACADEMIC ADMINISTRATOR
	    IMMEDIATELY RESPONSIBLE FOR IT, SUCH AS A DEAN OR DIRECTOR OR (ON
	    A CAMPUS THAT IS NOT SUBDIVIDED INTO COLLEGES) A VICE-CHANCELLOR.
	(E) A "SENIOR ACADEMIC ADMINISTRATOR" IS AN OFFICER WHO HAS FINAL
	    ADMINISTRATIVE REVIEW AUTHORITY ON ACADEMIC PERSONNEL
	    DECISIONS, AND WHO REPORTS DIRECTLY TO THE PRESIDENT AND
	    REGENTS, SUCH AS A VICE PRESIDENT, CHANCELLOR, OR PROVOST.  THE
	    PRESIDENT WILL DESIGNATE ONE OR MORE SENIOR ACADEMIC
	    ADMINISTRATORS AND DEFINE THEIR RESPECTIVE JURISDICTIONS.
	(F) THE "SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS" IS THE OFFICER (OF
	    WHATEVER TITLE) HOLDING PRIMARY RESPONSIBILITY FOR THE
	    DEVELOPMENT OF UNIVERSITY-WIDE ACADEMIC POLICY.  THIS OFFICER
	    MAY ALSO SERVE AS SENIOR ACADEMIC ADMINISTRATOR FOR SOME OR ALL
	    OF THE UNIVERSITY, IF SO DESIGNATED BY THE PRESIDENT.
	(G) "TENURED FACULTY" ARE THOSE FACULTY WHO HOLD INDEFINITE TENURE.


Footnotes


1	As used in these Regulations, "academic unit" means a department or
	other basic unit in which tenure is held.  It may be a division, school, 
	or college which is not further subdivided.  The "head" of an academic 
	unit is the academic administrator immediately  responsible for it, such 
	as a chair, head or director.

2	As used in these Regulations, "collegiate unit" or "college" means a
        major academic entity of the University.  It may be a college, school,
        institute or campus.  The "academic administrator" or "dean" of a 
        collegiate unit is a dean, provost, or similar officer.

3	A "Senior Academic Administrator" is an officer who has final review
        authority on academic personnel decisions, and who reports directly to 
        the president and Regents, such as a vice president, chancellor or 
        provost.  The president will designate one or more senior academic 
        administrators to have responsibility for academic matters for all 
        or part of the University, and will define their respective jurisdictions.


11	As used in these Regulations, "tenured faculty" means those members
        of the faculty who hold indefinite tenure.


Comment


	This housekeeping amendment places the definitions in the text, close 
to the beginning of the Regulations, rather than in footnotes.  This should 
make it easier for readers to understand the Regulations.



MOTION L:


	To add the following footnote at the end of the first sentence of new
Section 4.4 approved by the Faculty Senate on May 30, 1996:  (new language is
in CAPS.)


	4.4 Faculty Compensation.  Each faculty member shall receive a base
salary, which shall not be decreased except as expressly authorized in these 
regulations. (FOOTNOTE***)  The base salary shall consist of the initial 
base salary plus any subsequent increase in base salary.  In general, it is 
expected that salary increases will be added to the base.  The University 
may also provide a faculty member with additional compensation that is not 
part of the base salary.  The additional compensation may be for
special awards or for activities in addition to regular faculty
responsibilities such as clinical practice, administrative service, 
overload duties, summer school teaching, and summer research support.  The
faculty member does not have a right to continuation of this additional
compensation beyond the time for which it is granted.

	At the time an appointment is made, the offer and written notice of
appointment shall separately  state the base salary and any additional 
compensation, as described above, that the faculty member will receive.  
(For faculty members employed at the time this amendment takes
effect, the initial base salary shall be the salary guaranteed under 
these regulations at the time this amendment takes effect.)  In each
subsequent year, the faculty member shall be provided with a written notice
separately stating any increase in base salary and any changes in the 
additional compensation for the following academic year.  Increases will be 
presumed to be in base salary unless otherwise identified.


Footnotes


(***)	SEE SECTIONS 7A.3 (SALARY REDUCTION FOR PERFORMANCE SUBSTANTIALLY BELOW
        GOALS AND EXPECTATIONS), 11.4 (FORMULA REDUCTION OR POSTPONEMENT OF 
        SALARY IN CASE OF FISCAL EMERGENCY), AND 14 (DISCIPLINARY ACTIONS WITH 
        JUDICIAL COMMITTEE REVIEW).